2016 North Dakota Century Code Title 19 Foods, Drugs, Oils, and Compounds Chapter 19-16.1 Antifreeze Regulation
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CHAPTER 19-16.1
ANTIFREEZE REGULATION
19-16.1-01. Administration.
This chapter must be administered by the state department of health, hereinafter referred to
as the department.
19-16.1-02. Definitions.
In this chapter, unless the context or subject matter otherwise requires:
1. "Antifreeze" means any substance or preparation sold, distributed, or intended for use
as the cooling liquid, or to be added to the cooling liquid, in the cooling system of
internal combustion engines to prevent freezing of the cooling liquid, to lower its
freezing point, or to raise its boiling point.
2. "Distribute" means to hold with intent to sell to the consumer, offer for sale, to sell,
barter, or otherwise supply.
3. "Label" means any display of written, printed, or graphic matter on, or attached to, a
package or to the outside individual container or wrapper of the package.
4. "Package" means a sealed retail package, drum, or other container in which antifreeze
is distributed to the consumer or a container holding no more than fifty-five gallons
[208.20 liters] from which the antifreeze is directly installed in the cooling system by
seller or reseller.
5. "Person" means any individual, partnership, association, firm, corporation, or limited
liability company.
19-16.1-03. Registration - Penalty.
Before any antifreeze may be distributed in this state, the manufacturer or person whose
name appears on the label shall make application to the department on forms provided by the
latter for registration for each antifreeze which the manufacturer or person whose name appears
on the label desires to distribute. All registrations expire on June thirtieth of each year. The
application for registration must be accompanied by an inspection fee of forty dollars for each
product and by a label or other printed matter describing the product. Upon approval by the
department, a copy of the registration must be furnished to the applicant. The department shall
remit inspection fees received by the department to the state treasurer for deposit in the state
general fund. A penalty of fifty percent of the registration fee must be imposed if the certificate of
registration is not applied for on or before July first of each year or within the same month such
antifreeze is first manufactured or sold within this state.
19-16.1-04. Adulteration.
Antifreeze must be deemed to be adulterated:
1. If, in the form in which it is sold and directed to be used, it would be injurious to the
cooling system of an internal combustion engine, or if, when used in the cooling
system of such an engine, it would make the operation of the engine dangerous to the
user.
2. If its strength, quality, or purity falls below the standard of strength, quality, or purity
under which it is sold or offered for sale.
19-16.1-05. Misbranding.
Antifreeze must be deemed to be misbranded:
1. If it does not bear a label which specifically identifies the product, states the name and
place of business of the registrant, states the net quantity of contents in terms of liquid
measure separately and accurately in a uniform location under the principal display
panel, and contains a statement warning of any hazard of substantial injury to human
beings which may result from the intended use or reasonably foreseeable misuse of
the antifreeze;
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5.
If the product is to be diluted with another substance for use and its labeling does not
contain a statement or chart showing appropriate amounts of each substance to be
used to provide protection from freezing at various degrees of temperature;
If the labeling contains a corrosion protection claim and does not include a statement
of the amount to be used to provide such protection;
If its labeling contains any claim that it has been approved or recommended by the
department; or
If its labeling is false, deceptive, misleading, or is illegal under any law of the state or
under any applicable federal law.
19-16.1-06. Rules and regulations.
The department may adopt such reasonable rules, regulations, and standards pursuant to
chapter 28-32 as may be necessary in order to secure the efficient administration of this
chapter.
19-16.1-07. Inspection, sampling, and analysis.
The department is hereby authorized at reasonable hours to enter, inspect, and examine all
places and property where antifreeze is stored or distributed for the purpose of taking
reasonable samples of antifreeze for analysis together with specimens of labeling. It is the duty
of the department to examine promptly all samples received in connection with the
administration and enforcement of this law and to report the results to the owner and the
registrant of the antifreeze.
19-16.1-08. Prohibited acts.
It is unlawful to:
1. Distribute any antifreeze which has not been registered in accordance with this
chapter or whose label is different from that accepted for registration.
2. Distribute any antifreeze which is adulterated or misbranded.
3. Refuse to permit entry or inspection or to permit the acquisition of a sample of any
antifreeze as authorized by this chapter.
4. Dispose of any antifreeze under "withdrawal from distribution" order in accordance
with this chapter except as provided in this chapter.
5. Distribute any antifreeze unless it is in the registrant's or manufacturer's package,
except that a distributor may obtain written authorization from the department annually
to distribute antifreeze in bulk using a container supplied by the customer, provided the
distributor attaches to the container a label bearing all of the information required by
this chapter.
6. Use the term "ethylene glycol" on the label of a product which contains other glycols
unless it is qualified by the word "base", "type", or wording of similar import and unless
the product contains a minimum ethylene glycol content of seventy-five percent by
regulation weight and a minimum total glycol content of ninety-three percent by weight.
It must also have a corrected specific gravity to give reliable freezing point readings on
a commercial ethylene glycol type hydrometer and a freezing point, when mixed with
an equal volume of water, of thirty-two degrees Fahrenheit [53.33 degrees Celsius]
below zero or lower.
19-16.1-09. Enforcement.
When the department finds any antifreeze being distributed in violation of this chapter or of
any of the laws or any of the rules and prescribed regulations duly promulgated and adopted
under this chapter, it may issue and enforce a written or printed "withdrawal from distribution"
order, warning the distributor not to dispose of any of the lot of antifreeze in any manner until
written permission is given by the department or a court of competent jurisdiction. Copies of
such orders must also be sent by registered or certified mail to the registrant or to the person
whose name and address appears on the label of the antifreeze. The department shall release
for distribution the lot of antifreeze so withdrawn upon compliance with applicable rules and
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regulations, or for return to the registrant or the person whose name and address appears on
the label for reprocessing or relabeling as may be required. If compliance is not obtained within
thirty days, the department may begin proceedings for condemnation. Any lot of antifreeze not in
compliance with the law is subject to seizure upon complaint of the department in the district
court of the county in which it is located or in the district court of Burleigh County.
19-16.1-10. Submission of formula.
The department may, for the purpose of registration, require the applicant to furnish a
statement of the formula of such antifreeze, unless the applicant can furnish other satisfactory
evidence that such antifreeze is not adulterated or misbranded. The statement need not include
inhibitor or other ingredients which total less than five percent by weight of the antifreeze. All
statements of formula and other trade secrets furnished under this section are privileged and
confidential and may not be made public or open to the inspection of any persons, firms,
associations, corporations, or limited liability companies other than the department. No such
statement is subject to subpoena nor may the same be exhibited or disclosed before any
administrative or judicial tribunal by virtue of any order or subpoena of such tribunal without the
consent of the applicant furnishing such statement to the department.
19-16.1-11. Penalty.
Any person who violates or fails to comply with any of the provisions of this chapter, for
which another penalty has not been specifically provided, is guilty of a class B misdemeanor.
19-16.1-12. Prosecutions - State's attorney.
It is the duty of each state's attorney to whom the department reports any violation of this
chapter to cause appropriate proceedings to be instituted in the proper courts without delay in
the manner required by law. However, nothing in this chapter may be construed as requiring the
department to report minor violations for the institution of proceedings under this chapter
whenever it believes that the public interest will be adequately served by suitable written notice
or warning.
19-16.1-13. Injunction proceedings.
In addition to other remedies herein provided, the department is authorized to apply to the
district court of Burleigh County for a temporary or permanent injunction restraining any person
from violating any provision of this chapter irrespective of whether or not there exists an
adequate remedy at law and appropriate costs must be taxed by the court for any and all
expenses to the department for the injunctive proceedings.
19-16.1-14. Reports by department.
Except as otherwise provided herein, the department may publish reports of any analyses,
inspections, or research done under this chapter for the information of the public.
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