This bill proposes the establishment of a new chapter in Title 4.1 of the North Dakota Century Code, focusing on the regulation of biostimulants and beneficial substances. It introduces definitions for terms such as "beneficial substance," "plant amendment," "plant biostimulant," and "soil amendment." The legislation outlines labeling requirements for these substances, including necessary information like brand, net weight, purpose, directions for use, and composition. A licensing system for distributors is also established, requiring them to obtain a license from the commissioner, pay associated fees, and register each brand of beneficial substance prior to distribution. The bill further mandates inspections, sampling, and analysis to ensure compliance, while prohibiting the distribution of unregistered, misbranded, or adulterated substances and classifying violations as class A misdemeanors.
Additionally, the bill introduces new provisions regarding penalties and enforcement, allowing for civil penalties of up to $2,500 per violation, which can be imposed by a court or the agriculture commissioner. It clarifies that the assessment of a civil penalty does not preclude other legal sanctions. The commissioner is granted authority to deny, suspend, revoke, or modify certifications for violations of the chapter or its rules and is empowered to adopt rules for effective implementation. Overall, the legislation aims to enhance the safety and efficacy of beneficial substances used in agriculture and horticulture while strengthening compliance and enforcement mechanisms within the regulatory framework.