2015 North Dakota Century Code Title 4 Agriculture Chapter 4-24 Miscellaneous
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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Repealed by S.L. 1975, ch. 106, § 673.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Repealed by S.L. 1975, ch. 106, § 673.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Repealed by S.L. 1975, ch. 106, § 673.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Repealed by S.L. 1975, ch. 106, § 673.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Repealed by S.L. 1975, ch. 106, § 673.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 fungus control, without informing the purchaser of the fact of
such treatment. Any person selling such chemically treated grain without informing the
purchaser thereof is guilty of a class B 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Repealed by S.L. 2005, ch. 68, § 1.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 itself, the North Dakota winter show, or any similar name
designed to confuse the public with the exhibition sponsored every year in Valley City by the
North Dakota winter show, a nonprofit corporation organized under the laws of this state. The
North Dakota winter show is the official 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 invest in
accordance with section 21-10-07 all available moneys in the spud fund, oilseed fund, dry bean
fund, dry pea and lentil fund, barley fund, soybean fund, corn fund, honey fund, turkey fund, milk
stabilization fund, dairy promotion commission fund, state wheat commission fund, 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 treasurer shall
establish, in cooperation with the agricultural commodity organizations, guidelines to be followed
regarding the investment of moneys in each fund. The state treasurer shall credit twenty percent
of the investment income derived from each fund to the general fund in the state treasury as
payment for accounting, printing, data processing, legal, and other services when provided
without cost by the state to the agricultural commodity entity. The state treasurer shall credit
eighty percent of the investment income derived from each fund to the 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 Dakota oilseed council, the
North Dakota dry bean council, the North Dakota dry pea and lentil council, the North Dakota
barley council, the North Dakota soybean council, the North Dakota corn utilization council, the
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North Dakota beekeepers association, the North Dakota turkey federation, the North Dakota
milk marketing board, the North Dakota dairy promotion commission, the North Dakota state
wheat commission, and the North Dakota beef commission must file a uniform report at a public
hearing before the standing agriculture committee of each house of the legislative assembly.
The presiding officer of each house of the legislative assembly may direct that the reports be
filed with some other standing committee of that house. Each report must contain a summary of
the activities of the commodity group during the current biennium, a single-page uniform
statement of revenues and expenditures for the next biennium. Each report, except the reports
of the North Dakota beekeepers association and the North Dakota turkey federation, must also
include a state auditor's report on the commodity group's 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 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 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
years; and
c. Be nominated for induction by a member of the North Dakota agricultural hall of
fame committee.
2. The nomination provided for in this section must be in writing and must include the
nominee's personal history, including education, employment, history of contributions
to and achievements in the state's agricultural industry, participation in professional
organizations, career-related activities and civic contributions, honors, and awards, if
possible a statement from the candidate, and the date and signature of the nominator.
3. The North Dakota agricultural hall of fame committee shall select inductees by 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 consideration to the
nominee's participation in organizations represented by 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
individuals, each of whom must be selected by the governing body of the entity or 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;
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 the
North Dakota agricultural hall of fame committee. The committee, by a majority, may
remove the name of an organization that no longer exists from the North Dakota
agricultural hall of fame committee.
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The representative of the North Dakota winter show shall serve as the chairman of the
committee and the secretary of the North Dakota winter show shall serve as the
secretary of the committee. The chairman shall determine the time and location of all
committee meetings.
The committee shall determine the number of nominees to be inducted into the North
Dakota agricultural hall of fame each year. Any person who is nominated for induction
into the North Dakota agricultural hall of fame and receives at least one vote is
automatically considered for induction the following year. The nominee may provide
the committee with updated or additional information to be considered.
The committee shall select the inductees by secret ballot and shall announce the
selection at the North Dakota agricultural hall of fame banquet, to be held each year
during the North Dakota winter show. Inductees must receive a plaque and have 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
the landowner, and also is subject to a civil penalty of up to ten thousand dollars if that
person willfully enters upon land owned by another and, without the express written
consent of the owner, removes or attempts to remove a purple coneflower, 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
the state, and is subject to a civil penalty of up to ten thousand dollars if that person
willfully removes or attempts to remove a purple coneflower, Echinacea purpurea or
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 up
to ten thousand dollars if that person willfully possesses a purple coneflower removed
from land in violation of this section.
4. Any vehicle used to transport a purple coneflower removed or possessed in violation
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 crop
on, managing the crop, and harvesting the crop from land on which a patent
infringement is alleged to have occurred.
2. a. Before a person holding a patent on a genetically modified seed may enter upon
any land farmed by another for the purpose of obtaining crop samples to
determine whether patent infringement has occurred, the person holding the
patent:
(1) Shall notify the agriculture commissioner in writing of the person's belief that
a patent infringement has occurred and include facts from the allegation;
(2) Shall notify the farmer in writing of the allegation that a patent infringement
has occurred and request written permission to enter upon 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
petition the state district court for an order granting permission to enter upon the
farmer's land.
3. The farmer may accompany the person holding the patent at the time any samples are
taken.
4. If requested by the farmer or the person holding the patent, the state seed
commissioner shall accompany the person holding the patent at the time any sample
is taken. The state seed commissioner may impose a fee for providing that service.
The patent holder and the farmer shall each pay one-half of the fee charged by the
commissioner.
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If the person holding a patent believes that the crop from which samples are to be
taken may be subject to intentional damage or destruction, the person may seek a
protection order from the state district court. The protection order may not interrupt or
interfere with normal farming practices, including harvest and tillage.
The person holding the patent may take samples from a standing crop, from
representative standing plants in the field, or from crops remaining in the field after
harvest.
The person holding the patent may obtain no more samples than those reasonably
necessary to make a determination regarding patent infringement. An equal number of
samples must remain in the custody of the state seed commissioner or the farmer for
future comparison and verification purposes. All samples taken must be placed in
containers, labeled as to the date, time, and location from which they were taken, and
the labels must be signed by the farmer, the person who took the samples, and the
state seed commissioner if the commissioner was present at the time the samples
were taken. The patent holder and the farmer shall share equally the cost of the
containers needed for the second set of samples which are retained by the state seed
commissioner or the farmer. The farmer and the person holding the patent shall share
equally the cost of the containers and the cost of obtaining the samples.
Within sixty days from the date the samples are taken, an independent laboratory shall
conduct all tests to determine whether patent infringement has occurred. The person
holding the patent shall notify the farmer of the test results, by certified mail or by any
other method of delivery for which a signature is required, within twenty-one days from
the date the results were reported to the person holding the patent.
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
patent. If the farmer and the person holding the patent are unable to select a mediator,
the mediation must be conducted by an independent mediation service.
If the case is not settled after mediation, either party may file a claim for relief with 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 appropriate state
district court is the one that has jurisdiction over that portion of this state in which the
farmer's land is located.
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