TITLE 4
AGRICULTURE
CHAPTER 4-01
AGRICULTURE COMMISSIONER
4-01-01.
Agriculture commissioner is state statistician.
Repealed by S.L. 1971,
ch. 122, § 2.
4-01-02.
Failure to give statistics or information to assessors.
Repealed by
S.L. 1971, ch. 122, § 2.
4-01-03. Statistics furnished state statistician by assessors. Repealed by S.L. 1971,
ch. 122, § 2.
4-01-04. What statistical statement to contain. Repealed by
S.L. 1969, ch. 130, § 9.
4-01-05. Statistics - How obtained. Repealed by S.L. 1969, ch. 130, § 9.
4-01-06. Blanks - Who to furnish. Repealed by S.L. 1971, ch. 122, § 2.
4-01-07. County auditor to send statistical statements to state statistician - Failure
to do so, penalty. Repealed by S.L. 1971, ch. 122, § 2.
4-01-08. Compensation. Repealed by S.L. 1969, ch. 130, § 9.
4-01-09.
Failure of assessor to make proper return - Compensation withheld -
Statement returned - Complaint against - Duty of auditor. Repealed by S.L. 1969, ch. 130,<br>§ 9.
4-01-10. Failure of assessor to make return - Appointment of person to complete
statistics. Repealed by S.L. 1971, ch. 122, § 2.
4-01-11. Penalty for neglect or refusal to perform duties. Repealed by S.L. 1971,
ch. 122, § 2.
4-01-12.
County auditor to furnish statistics to state statistician.
Repealed by
S.L. 1971, ch. 122, § 2.
4-01-13. Duty of state statistician. Repealed by S.L. 1971, ch. 122, § 2.
4-01-14. Expenses to be paid by state. Repealed by S.L. 1971, ch. 122, § 2.
4-01-15. Compelling attendance of witnesses and production of books and papers.
The agriculture commissioner may compel the attendance of persons before the commissioner,<br>and the production of books and papers. The commissioner may examine witnesses under oath<br>and may administer oaths in the performance of the commissioner's duties. Any testimony taken<br>by the commissioner must be filed and preserved in the commissioner's office.
4-01-16.
Exhibits at fairs - Commissioner to have charge.
The agriculture
commissioner shall have charge of the exhibits of products and resources of the state which may<br>be shown at any fair or exposition in the United States. The commissioner shall cooperate with<br>any railroad company doing business in the state, and with any person interested in securing an<br>exhibit at any fair or exposition in the United States.
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4-01-17.
European corn borer - Regulations governing control.
Repealed by
S.L. 1973, ch. 50, § 1.
4-01-17.1. State to cooperate with the animal and plant health inspection service
and other agencies in destruction of predatory animals, destructive birds, and injurious<br>field rodents. The agriculture commissioner may cooperate with the United States department<br>of agriculture, animal and plant health inspection service, or other appropriate federal agency, in<br>the control and destruction of fur-bearers that are injurious to livestock, poultry, and big and small<br>game; injurious field rodents; big game threatening human health or domestic livestock; and<br>birds causing crop damage or substantial economic loss or threatening human health. This<br>control and destruction must be approved by the director of the game and fish department. The<br>agriculture commissioner may enter into written agreements with the animal and plant health<br>inspection service or other appropriate federal agency, and the director of the game and fish<br>department covering the methods and procedures for the control and destruction of these birds<br>and animals, the extent of supervision by either or both the agriculture commissioner and the<br>animal and plant health inspection service or other appropriate federal agency, and the use and<br>expenditure of the funds appropriated therefor by the legislative assembly.
The agriculture
commissioner, in cooperation with the animal and plant health inspection service or other<br>appropriate federal agency, may enter into agreements with other governmental agencies and<br>with counties, associations, corporations, limited liability companies, or individuals when<br>cooperation is deemed to be necessary to promote the control and destruction of these birds and<br>animals.
4-01-17.2. Expenditures authorized - Who to approve vouchers - Qualifications of
hunters and trappers hired - When bounties not payable. The agriculture commissioner may<br>make such expenditures from funds available for equipment, supplies, and other expenses,<br>including expenditures for personal services of hunters and trappers, as may be necessary to<br>execute the functions imposed upon the agriculture commissioner by section 4-01-17.1. Hunters<br>and trappers employed under section 4-01-17.1 must be state residents, but are not entitled to<br>bounty provided by state laws for the killing or extermination of these birds and animals. All<br>vouchers for expenditures made by the agriculture commissioner under this section must be<br>approved as to correctness by the duly authorized agent of the animal and plant health<br>inspection service or other appropriate federal agency.
4-01-17.3. Disposition of proceeds of furs, skins, and specimens taken. All furs,
skins, and specimens taken by hunters and trappers paid out of funds appropriated to carry out<br>section 4-01-17.1 must be disposed of in a manner the agriculture commissioner determines is in<br>the state's best interests. If furs, skins, or specimens are sold, the net proceeds of the sales, up<br>to fifteen thousand dollars per biennium, must be used by United States department of<br>agriculture wildlife services to fund its program activities that benefit the state's livestock<br>producers.
4-01-18. Obstructing commissioner - Penalty. Repealed by S.L. 1975, ch. 106, § 673.
4-01-19. Marketing bureau. The agriculture commissioner shall establish and maintain
a marketing bureau for the purpose of gathering and disseminating statistical information on<br>agricultural marketing problems of the state and engaging in marketing services of agricultural<br>products. Any moneys received or generated by the pride of Dakota program must be deposited<br>in the agriculture department operating fund in the state treasury.
4-01-19.1.
Marketing bureau - Participation with export trading companies.
Repealed by S.L. 1991, ch. 590, § 4.
4-01-19.2. Farm credit counseling program. Repealed by S.L. 1987, ch. 131, § 5.
4-01-19.3.
Reports on farm credit counseling program.
Repealed by S.L. 1987,
ch. 131, § 5.
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4-01-20. Commissioner to preserve records of commissioner of immigration. All
papers, writings, documents, books, records, files, and all other papers of whatever nature, used<br>by or in connection with the office of commissioner of immigration, must be preserved by the<br>agriculture commissioner.
4-01-21. Salary of agriculture commissioner. The annual salary of the agriculture
commissioner is eighty-five thousand eight hundred thirty dollars through June 30, 2010, and<br>ninety thousand one hundred twenty-two dollars thereafter.
4-01-22. Certified beef program. The agriculture commissioner may collaborate with
the state board of animal health, the North Dakota stockmen's association, North Dakota state<br>university beef systems, and the United States secretary of agriculture to develop a<br>source-verified and process-verified beef marketing program known as the certified beef<br>program.
4-01-23. (Effective July 1, 2011) Sustainably grown in North Dakota - Application -
Logo - Promotion of commodities.
1.
The agriculture commissioner shall implement a program to promote agricultural<br>commodities that are sustainably grown in North Dakota.
2.
A producer may apply to the commissioner and upon demonstrating that the<br>producer's growing practices with respect to a particular commodity meet the<br>commissioner's established criteria for sustainability, the commissioner shall<br>authorize the producer to label and market the commodity as being sustainably<br>grown in North Dakota.
3.
The commissioner shall develop and make available for the use of authorized<br>producers a logo indicating that the commodity is sustainably grown in North Dakota.<br>The commissioner shall actively support and promote the sale and use of products<br>identified as sustainably grown in North Dakota.
4.
The commissioner may establish and charge producers a fee for participating in the<br>program. The commissioner shall forward all fees collected under this section to the<br>state treasurer for deposit in the general fund.
5.
For purposes of this section, "sustainably grown" means that a crop is grown using<br>research-based practices that result in:
a.
Increased efficiencies in soil and nutrient preservation;
b.
Decreased reliance on tillage and other soil-depleting practices;
c.
Increased efficiencies in the use of water;
d.
Increased efficiencies in the use of other necessary and measurable<br>agricultural inputs;
e.
Increased yield efficiencies; and
f.
Greater economic benefit to producers.
4-01-24.
Advisory committee on sustainable agriculture - Creation - Duties -
Powers - Compensation - Continuing appropriation.
1.
The agriculture commissioner shall appoint an advisory committee on sustainable<br>agriculture.
a.
The committee must include:
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(1)
The chairman of the house agriculture committee or the chairman's<br>designee;
(2)
The chairman of the senate agriculture committee or the chairman's<br>designee;
(3)
The commissioner of the department of commerce or the commissioner's<br>designee;
(4)
The director of the North Dakota state university agricultural experiment<br>station;
(5)
An
agricultural
producer
who
utilizes
innovative
research-based
technologies in farming operations;
(6)
A representative of an international agricultural corporation; and
(7)
An individual specializing in the domestic and international marketing of<br>agricultural products.
b.
If both houses of the legislative assembly are controlled by the same party, the<br>committee also must include one member of the legislative assembly from the<br>minority party, appointed by the chairman of the legislative council.
2.
The committee shall:
a.
Examine the concept of sustainability with respect to conventional farming<br>practices and modern technology-based production practices;
b.
Examine production practices that are efficient and able to meet current and<br>future global food and nutritional needs;
c.
Examine production practices that promote increased efficiencies in resource<br>use, improve human health through access to safe and nutritious food, and<br>enhance economic opportunities for individual producers;
d.
Explore metric evaluations to measure the attainment, maintenance, and<br>certification of sustainability;
e.
Advise the commissioner regarding the development of a sustainability<br>certification program and the marketing and packaging of products containing<br>the certification;
f.
Explore the standards held by international private sector certifying groups<br>which have the potential to increase sales of North Dakota products; and
g.
Report to the legislative council on the status of committee activities.
3.
The committee may accept gifts, grants, and donations of money, property, and<br>services. All moneys received as gifts, grants, or donations are appropriated on a<br>continuing basis to the agriculture commissioner for the purpose of carrying out this<br>section.
4.
Each legislative member of the committee is entitled to receive per diem<br>compensation in the amount established by subsection 1 of section 54-03-20 plus<br>reimbursement for expenses as provided by law for state officers if the member is<br>attending meetings or performing duties directed by the committee.
4-01-25. (Effective through June 30, 2013) Grape and wine program committee.
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1.
The grape and wine program committee is a seven-member committee that shall<br>advise the agriculture commissioner on the commissioner's efforts to provide<br>producer education, marketing, and promotion of the grape and wine industry in this<br>state. In addition, the committee shall advise the vice president for agriculture and<br>university extension at North Dakota state university and the director of the North<br>Dakota agricultural experiment station on priorities for research for the grape and<br>wine industry in this state.
2.
The committee consists of:
a.
The agriculture commissioner or the commissioner's designee;
b.
The vice president for agriculture at North Dakota state university or the vice<br>president's designee;
c.
An individual appointed by the governor representing the grape or wine industry<br>in this state;
d.
An individual appointed by the commissioner of the department of commerce;
e.
An individual appointed by the state board of agricultural research and<br>education; and
f.
Two individuals appointed by the North Dakota grape growers association.
3.
All members of the committee shall serve for a term of two years, beginning July first<br>of each odd-numbered year, and may be reappointed for additional terms.
4.
If any member of the committee resigns or ceases to be a member of the class the<br>member represents, that individual's membership on the committee ceases and the<br>appropriate appointing authority may appoint a new member for the remainder of the<br>term.
5.
The North Dakota grape growers association shall designate as chairman one of the<br>two individuals the association appoints to the committee unless the committee<br>elects a different chairman from the members on the committee. The committee<br>shall meet at least once every two years and at the call of the chairman.
6.
Members of the committee are entitled up to the per diem compensation provided to<br>members of the legislative assembly under subsection 1 of section 54-03-20 and<br>expense reimbursement.
4-01-26. Commodity groups - Agriculture commissioner - Meetings.
1.
The agriculture commissioner may participate, as a nonvoting member, in any<br>regular or special meeting of a commodity group, including any executive session<br>held by a commodity group.
2.
Annually, the agriculture commissioner shall call a meeting of representatives from<br>each commodity group for the purpose of engaging in collaborative efforts to<br>promote and market agricultural commodities.
3.
For purposes of this section, "commodity group" means the:
a.
North Dakota barley council;
b.
North Dakota beef commission;
c.
North Dakota beekeepers association;
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d.
North Dakota corn utilization council;
e.
North Dakota dairy promotion commission;
f.
North Dakota dry bean council;
g.
North Dakota dry pea and lentil council;
h.
North Dakota oilseed council;
i.
North Dakota potato council;
j.
North Dakota soybean council;
k.
North Dakota turkey federation; and
l.
North Dakota wheat commission.
4-01-27. Publicly owned land - Noxious weed control or eradication.
1.
The commissioner shall attempt to arrange a noxious weed control or eradication<br>program with all state and federal agencies owning, controlling, or having jurisdiction<br>over land within the state.
2.
Each weed control officer shall attempt to arrange a noxious weed control or<br>eradication program with political subdivisions owning or controlling public land<br>within the weed control officer's jurisdiction.
3.
If a federal agency does not control or eradicate noxious weeds on land under the<br>jurisdiction of the agency and does not develop a management plan for controlling or<br>eradicating the noxious weeds, the appropriate weed control office shall notify the<br>agency of the failure to control or eradicate the noxious weeds. The federal agency<br>shall provide a report to the weed control authorities detailing the methods used by<br>the federal agency and showing cause why the federal agency is not controlling or<br>eradicating the noxious weeds. The commissioner may specify the forms on which<br>the federal agency report must be submitted.
4.
Upon being notified by a weed board of the federal agency's failure to control or<br>eradicate noxious weeds, the commissioner may hold a public hearing to determine<br>the reason for the failure.
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Document Outline
chapter 4-01 agriculture commissioner
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