North Dakota Code 4.1-53-55 – Seizure and injunction – Action
Current as of: 2023 | Check for updates
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1. If the seed commissioner determines that any lot of seed is not in compliance with this chapter, the seed commissioner may petition a court of competent jurisdiction for seizure of the seed. If the court orders the condemnation of the seed, it must be denatured, processed, destroyed, relabeled, or otherwise disposed of in accordance with the laws of this state.
Terms Used In North Dakota Code 4.1-53-55
- 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.
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A court may not order disposition of the seed without first having given the owner an opportunity to apply to the court for release of the seed, or for permission to process or relabel the seed in compliance with this chapter.
3. Any violation of this chapter may be enjoined in a court of competent jurisdiction without bringing any other civil or criminal action.