North Dakota Code 4.1-35-05 – Enforcement
1. The commissioner shall enforce this chapter and any rules adopted under this chapter.
Terms Used In North Dakota Code 4.1-35-05
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Department: means the North Dakota department of agriculture. See North Dakota Code 4.1-01-01
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
2. The commissioner may seek an injunction in the district court in the county in which a violation occurs or may issue a cease and desist order to any person for any alleged violation of this chapter or any rules adopted under this chapter.
3. For the purpose of carrying out the provisions of this chapter, the commissioner and the department of water resources may enter upon any public or private premises at reasonable times in order to:
a. Have access for the purpose of inspecting any equipment subject to this chapter and the premises on which the equipment is stored or used.
b. Inspect or sample lands actually, or reported to be, exposed to pesticides or fertilizers through chemigation.
c. Inspect storage or disposal areas.
d. Inspect or investigate complaints of injury to humans or animals.
e. Sample pesticides and fertilizers and pesticide or fertilizer mixes being applied or to be applied.
f. Observe the use and application of a pesticide or fertilizer through chemigation.
g. Have access for the purpose of inspecting a premise or other place where equipment or devices used for chemigation are held for distribution, sale, or use.