§ 4.1-40-16 — Violations - Criminal penalty

North Dakota § 4.1-40-16

• Jurisdiction: North Dakota
• Title 4.1: Agriculture
• Ch. 4.1-40: Fertilizer and Soil Conditioner

Text

1. If evidence from the examination of any fertilizer, fertilizer material, micronutrient,
specialty fertilizer, soil amendment, or plant amendment indicates this chapter or the
implemented rules have been violated, the commissioner shall notify the registrant,
licensee, manufacturer, distributor, or possessor from whom the sample was taken of
the violation. Any person notified must be given an opportunity to be heard. After the
hearing, either in the presence or absence of the person so notified, the commissioner
may certify the facts to the proper prosecuting attorney if evidence exists this chapter
or the implemented rules have been violated.
2. Any person violating this chapter or the implemented rules or that impedes, obstructs,
hinders, or otherwise prevents or attempts to prevent the commissioner in the
performance of the commissioner's duty under this chapter is guilty of a class A
misdemeanor.
3. All prosecutions involving the composition of a lot of fertilizers, fertilizer material,
micronutrients, specialty fertilizers, soil amendments, or plant amendments, require a
certified copy of the official analysis signed by the person performing the analysis or
that person's assigned agent. The certified and signed copy of the official analysis is
prima facie evidence of the composition.
4. The commissioner is not required to initiate prosecution or seizure proceedings for
minor violations of the chapter if the commissioner believes the public interest will be
best served by a suitable written warning.
5. The commissioner may apply for and the court may grant a temporary or permanent
injunction restraining any person from violating or continuing to violate this chapter or
any implemented rule, notwithstanding the existence of other remedies at law. An
injunction under this section must be issued without bond.