North Dakota Code 4.1-53-57 – Penalty – Criminal – Civil – Exemption
1. Any person willfully violating this chapter or the rules implementing this chapter is guilty of a class A misdemeanor.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 4.1-53-57
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
2. When construing and enforcing this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person must be deemed to be the act, omission, or failure of such person as well as that of the person employed.
3. Any person found guilty of violating this chapter or the rules implementing this chapter is subject to a civil penalty in an amount not to exceed ten thousand dollars for each violation. The civil penalty may be imposed by the seed commissioner. The seed commissioner may make application to the district court to compel payment of civil penalties imposed under this section.
4. A person is not subject to the penalties of this chapter for having offered for sale or sold any seed that was incorrectly represented as to kind, variety, or origin and which could not be identified through examination, unless the person failed to:
a. Obtain an invoice or grower’s declaration stating the required information; or b. Take other actions necessary to ensure that the seed was properly identified.