1.    An inspector may detain an article or animal for up to twenty days pending a hearing or notification of authorities having jurisdiction over the article or animal if the inspector finds the article or animal on premises where it is held for purposes of, during, or after distribution in intrastate commerce and the inspector reasonably believes:

Terms Used In North Dakota Code 4.1-31-20

  • Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    The article or animal is adulterated or misbranded and would otherwise be usable as human food; b.    The article or animal has not been inspected, in violation of this chapter or federal law; or

c.    The article or animal has been or is intended to be distributed in violation of this chapter or federal law.

2.    Until it is released by the commissioner, a detained article or animal may not be moved by any person from the place at which it was located when detained. The commissioner may require all official marks to be removed from the detained article or animal before it is released unless the commissioner is satisfied the article or animal is eligible to retain the official marks.