CHAPTER 4-13.2
POULTRY DIVISION
4-13.2-01.
Definitions.
As used in this chapter, "poultry" means chickens, turkeys,
domestic geese, and domestic ducks.
4-13.2-02. Administration. Within the department of agriculture there must be a poultry
division.
4-13.2-03. Purposes - Duties. The agriculture commissioner may adopt rules pursuant
to chapter 28-32 to effectuate the purposes of this chapter, and the agriculture commissioner, or<br>the commissioner's designee, shall enforce this chapter. The agriculture commissioner shall:
1.
Work toward improving poultry breeding and cooperate with the board of animal<br>health in controlling and eradicating communicable diseases of poultry.
2.
Act as the official state agency for North Dakota in cooperation with the bureau of<br>animal industry, United States department of agriculture, for the purpose of<br>furthering the objectives and supervising the state's participation in the national<br>poultry improvement plan.
3.
Act as the state agency to cooperate with the United States department of<br>agriculture, to provide federal-state grading service for poultry and poultry products<br>offered for sale at the retail level, to supervise the federal-state poultry grading<br>service, and to enforce regulations at the retail level as to identification by grade of<br>all poultry sold.
4.
Promote generally the welfare and improvement of the poultry industry and the<br>marketing of poultry and poultry products within the state through such means and in<br>such manner as may be deemed by the commissioner conducive to such<br>improvement.
5.
Enforce the licensing and bonding requirements provided by this chapter.
6.
Administer chapter 4.1-12, at the advice of the North Dakota turkey federation.
4-13.2-04. Poultry advisory board - How constituted. Repealed by S.L. 1997, ch. 67,
§ 3.
4-13.2-05. Licensing - Fees - Bonding. No person may engage in the business of
poultry buyer, processor, packer, hatchery operator, baby chick jobber, or salesman, without first<br>securing from the North Dakota department of agriculture a license to engage therein. All such<br>licenses expire on the first day of July of each year, and must be issued or renewed only upon<br>payment to the department of the license fees set forth herein together with the furnishing of such<br>bond as may be required by rules and regulations promulgated by the agriculture commissioner.<br>The annual license fee for each foregoing operation is five dollars. Failure to pay any license fee<br>or to furnish the required bond within ten days after the same becomes due or required<br>constitutes a violation of this chapter.
4-13.2-06. Penalty.
1.
Any person who violates any provision of this chapter or rule adopted under this<br>chapter is guilty of a class A misdemeanor.
2.
Any person who violates any provision of this chapter or rule adopted under this<br>chapter may be subject to a civil penalty not to exceed one thousand dollars for each<br>violation.
This penalty may be adjudicated by the courts or by the agriculture
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commissioner through an administrative hearing conducted by an independent<br>hearing officer pursuant to chapter 28-32.
3.
The agriculture commissioner may maintain an appropriate civil action in the name<br>of the state against any person violating this chapter or rule adopted under this<br>chapter.
4.
Any person who knowingly makes a false statement, representation, or certification<br>in any application, record, report, or other document is subject to the penalties<br>provided in this chapter.
5.
For purposes of this section, "person" means an individual, partnership, corporation,<br>limited liability company, association, cooperative, or any business entity.
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Document Outline
chapter 4-13.2 poultry division
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