CHAPTER 4-24
MISCELLANEOUS
4-24-01. Willful damage to threshing machine - Consequential injury to person -
Penalty - Civil action for damages. Repealed by S.L. 1975, ch. 106, § 673.
4-24-02.
Injuring standing crops, grain, fruits, and vegetables - Misdemeanor.
Repealed by S.L. 1975, ch. 106, § 673.
4-24-03. Injuring fruits, melons, or flowers in the daytime - Punishment. Repealed
by S.L. 1975, ch. 106, § 673.
4-24-04. Injuring fruits, melons, or flowers in the nighttime - Punishment. Repealed
by S.L. 1975, ch. 106, § 673.
4-24-05. Injuring trees - Punishment. Repealed by S.L. 1975, ch. 106, § 673.
4-24-06. Sale of chemically treated grain - Misdemeanor. No person may sell grain,
for the purpose of human or animal consumption, which has been chemically treated for insect or<br>fungus control, without informing the purchaser of the fact of such treatment. Any person selling<br>such chemically treated grain without informing the purchaser thereof is guilty of a class B<br>misdemeanor.
4-24-07. Agricultural promotion groups - Collocation and assistance. Repealed by
S.L. 2005, ch. 68, § 1.
4-24-08. North Dakota winter show - Official site. The North Dakota winter show, an
annual exhibition, is to be held in Valley City. No other event may be designated as, nor call<br>itself, the North Dakota winter show, or any similar name designed to confuse the public with the<br>exhibition sponsored every year in Valley City by the North Dakota winter show, a nonprofit<br>corporation organized under the laws of this state. The North Dakota winter show is the official<br>site of the North Dakota agricultural hall of fame.
4-24-09.
Agricultural commodity assessments funds - Investment income
allocation. The state treasurer, notwithstanding any other provision of law to the contrary, shall<br>invest in accordance with section 21-10-07 all available moneys in the spud fund, oilseed fund,<br>dry bean fund, dry pea and lentil fund, barley fund, soybean fund, corn fund, honey fund, turkey<br>fund, milk stabilization fund, dairy promotion commission fund, state wheat commission fund,<br>ethanol fund, and the beef commission fund.
The investment of moneys must be made in
cooperation with the governing body of the respective agricultural commodity entity. The state<br>treasurer, by rule, shall establish, in cooperation with the agricultural commodity organizations,<br>guidelines to be followed regarding the investment of moneys in each fund. The state treasurer<br>shall credit twenty percent of the investment income derived from each fund to the general fund<br>in the state treasury as payment for accounting, printing, data processing, legal, and other<br>services when provided without cost by the state to the agricultural commodity entity. The state<br>treasurer shall credit eighty percent of the investment income derived from each fund to the<br>respective fund.
4-24-10.
Agricultural commodity promotion groups to report to legislative
assembly - Report contents.
Between the first and tenth legislative day of each regular
legislative session, the North Dakota ethanol council, the North Dakota potato council, the North<br>Dakota oilseed council, the North Dakota dry bean council, the North Dakota dry pea and lentil<br>council, the North Dakota barley council, the North Dakota soybean council, the North Dakota<br>corn utilization council, the North Dakota beekeepers association, the North Dakota turkey<br>federation, the North Dakota milk marketing board, the North Dakota dairy promotion<br>commission, the North Dakota state wheat commission, and the North Dakota beef commission<br>must file a uniform report at a public hearing before the standing agriculture committee of each<br>house of the legislative assembly.
The presiding officer of each house of the legislative
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assembly may direct that the reports be filed with some other standing committee of that house.<br>Each report must contain a summary of the activities of the commodity group during the current<br>biennium, a single-page uniform statement of revenues and expenditures for the next biennium.<br>Each report, except the reports of the North Dakota beekeepers association and the North<br>Dakota turkey federation, must also include a state auditor's report on the commodity group's<br>single-page uniform statement of revenues and expenditures for the previous two fiscal years.
4-24-11. North Dakota agricultural hall of fame - Establishment - Induction. The
North Dakota agricultural hall of fame is established for the purpose of honoring individuals who<br>have made outstanding contributions to the state's agricultural industry.
1.
To be eligible for induction into the North Dakota agricultural hall of fame, an<br>individual must:
a.
Have reached the age of forty-five;
b.
Have been involved in the state's agricultural industry for a minimum of twenty<br>years; and
c.
Be nominated for induction by a member of the North Dakota agricultural hall of<br>fame committee.
2.
The nomination provided for in this section must be in writing and must include the<br>nominee's
personal
history,
including
education,
employment,
history
of
contributions to and achievements in the state's agricultural industry, participation in<br>professional organizations, career-related activities and civic contributions, honors,<br>and awards, if possible a statement from the candidate, and the date and signature<br>of the nominator.
3.
The North Dakota agricultural hall of fame committee shall select inductees by<br>majority vote.
The selections must be based on the nominee's record of
accomplishment in the state's agricultural industry. The committee shall give due<br>consideration to the nominee's participation in organizations represented by<br>members of the North Dakota agricultural hall of fame committee.
4-24-11.1. North Dakota agricultural hall of fame committee - Members.
1.
The North Dakota agricultural hall of fame committee consists of the following<br>individuals, each of whom must be selected by the governing body of the entity or<br>the official to be represented:
a.
A representative of the North Dakota winter show;
b.
A representative of agricultural media;
c.
A representative of agriculture in the area of career and technical education;
d.
A representative of the North Dakota stockmen's association;
e.
A representative of the North Dakota grain growers association;
f.
A representative of the North Dakota oilseed council;
g.
A representative of county extension agents;
h.
A representative of the agriculture commissioner;
i.
A representative of the North Dakota pork producers;
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j.
A representative of the North Dakota sheep producers;
k.
A representative of the national agricultural marketing association;
l.
A representative of the North Dakota implement dealers association;
m.
A representative of the North Dakota farm bureau;
n.
A representative of the North Dakota farmers union; and
o.
A representative of the national farmers organization.
2.
The committee, by a two-thirds majority, may add a new agricultural organization to<br>the North Dakota agricultural hall of fame committee. The committee, by a majority,<br>may remove the name of an organization that no longer exists from the North<br>Dakota agricultural hall of fame committee.
3.
The representative of the North Dakota winter show shall serve as the chairman of<br>the committee and the secretary of the North Dakota winter show shall serve as the<br>secretary of the committee. The chairman shall determine the time and location of<br>all committee meetings.
4.
The committee shall determine the number of nominees to be inducted into the<br>North Dakota agricultural hall of fame each year. Any person who is nominated for<br>induction into the North Dakota agricultural hall of fame and receives at least one<br>vote is automatically considered for induction the following year. The nominee may<br>provide the committee with updated or additional information to be considered.
5.
The committee shall select the inductees by secret ballot and shall announce the<br>selection at the North Dakota agricultural hall of fame banquet, to be held each year<br>during the North Dakota winter show. Inductees must receive a plaque and have<br>their photographs displayed at the North Dakota agricultural hall of fame.
4-24-12.
Purple coneflowers (Echinacea purpurea or Echinacea angustifolia) -
Unauthorized removal - Penalty.
1.
A person is guilty of a class A misdemeanor, is subject to court-ordered restitution to<br>the landowner, and also is subject to a civil penalty of up to ten thousand dollars if<br>that person willfully enters upon land owned by another and, without the express<br>written consent of the owner, removes or attempts to remove a purple coneflower,<br>Echinacea purpurea or Echinacea angustifolia, from the land.
2.
A person is guilty of a class A misdemeanor, is subject to court-ordered restitution to<br>the state, and is subject to a civil penalty of up to ten thousand dollars if that person<br>willfully removes or attempts to remove a purple coneflower, Echinacea purpurea or<br>Echinacea angustifolia, from state-owned land.
3.
A person is guilty of a class A misdemeanor and also is subject to a civil penalty of<br>up to ten thousand dollars if that person willfully possesses a purple coneflower<br>removed from land in violation of this section.
4.
Any vehicle used to transport a purple coneflower removed or possessed in violation<br>of this section is forfeitable property under chapter 29-31.1.
4-24-13. Genetically modified seed - Patent infringement - Sampling - Mediation.
1.
For purposes of this section, farmer means the person responsible for planting a<br>crop on, managing the crop, and harvesting the crop from land on which a patent<br>infringement is alleged to have occurred.
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2.
a.
Before a person holding a patent on a genetically modified seed may enter<br>upon any land farmed by another for the purpose of obtaining crop samples to<br>determine whether patent infringement has occurred, the person holding the<br>patent:
(1)
Shall notify the agriculture commissioner in writing of the person's belief<br>that a patent infringement has occurred and include facts from the<br>allegation;
(2)
Shall notify the farmer in writing of the allegation that a patent<br>infringement has occurred and request written permission to enter upon<br>the farmer's land; and
(3)
Must obtain the written permission of the farmer.
b.
If the farmer withholds written permission, the person holding a patent may<br>petition the state district court for an order granting permission to enter upon<br>the farmer's land.
3.
The farmer may accompany the person holding the patent at the time any samples<br>are taken.
4.
If requested by the farmer or the person holding the patent, the state seed<br>commissioner shall accompany the person holding the patent at the time any<br>sample is taken. The state seed commissioner may impose a fee for providing that<br>service.
The patent holder and the farmer shall each pay one-half of the fee
charged by the commissioner.
5.
If the person holding a patent believes that the crop from which samples are to be<br>taken may be subject to intentional damage or destruction, the person may seek a<br>protection order from the state district court. The protection order may not interrupt<br>or interfere with normal farming practices, including harvest and tillage.
6.
The person holding the patent may take samples from a standing crop, from<br>representative standing plants in the field, or from crops remaining in the field after<br>harvest.
7.
The person holding the patent may obtain no more samples than those reasonably<br>necessary to make a determination regarding patent infringement. An equal number<br>of samples must remain in the custody of the state seed commissioner or the farmer<br>for future comparison and verification purposes. All samples taken must be placed<br>in containers, labeled as to the date, time, and location from which they were taken,<br>and the labels must be signed by the farmer, the person who took the samples, and<br>the state seed commissioner if the commissioner was present at the time the<br>samples were taken. The patent holder and the farmer shall share equally the cost<br>of the containers needed for the second set of samples which are retained by the<br>state seed commissioner or the farmer. The farmer and the person holding the<br>patent shall share equally the cost of the containers and the cost of obtaining the<br>samples.
8.
Within sixty days from the date the samples are taken, an independent laboratory<br>shall conduct all tests to determine whether patent infringement has occurred. The<br>person holding the patent shall notify the farmer of the test results, by certified mail<br>or by any other method of delivery for which a signature is required, within<br>twenty-one days from the date the results were reported to the person holding the<br>patent.
9.
The parties may participate in mediation at any time.
The mediation must be
conducted by a mediator jointly selected by the farmer and the person holding the
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patent.
If the farmer and the person holding the patent are unable to select a
mediator, the mediation must be conducted by an independent agricultural<br>mediation service.
10.
If the case is not settled after mediation, either party may file a claim for relief with<br>the federal district court having jurisdiction over the claim.
Unless otherwise
specified in a contract between the farmer and the person holding the patent, the<br>appropriate state district court is the one that has jurisdiction over that portion of this<br>state in which the farmer's land is located.
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Document Outline
chapter 4-24 miscellaneous
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