North Dakota Code § 4.1-40-16

Violations - Criminal penalty
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1. If evidence from the examination of any fertilizer, fertilizer material, micronutrient, 
specialty fertilizer, soil amendment, or plant amendment indicates this chapter or the 
implemented rules have been violated, the commissioner shall notify the registrant, 
licensee, manufacturer, distributor, or possessor from whom the sample was taken of 
the violation. Any person notified must be given an opportunity to be heard. After the 
hearing, either in the presence or absence of the person so notified, the commissioner 
may certify the facts to the proper prosecuting attorney if evidence exists this chapter 
or the implemented rules have been violated.
2. Any person violating this chapter or the implemented rules or that impedes, obstructs, 
hinders, or otherwise prevents or attempts to prevent the commissioner in the 
performance of the commissioner's duty under this chapter is guilty of a class A 
misdemeanor.
3. All prosecutions involving the composition of a lot of fertilizers, fertilizer material, 
micronutrients, specialty fertilizers, soil amendments, or plant amendments, require a 
certified copy of the official analysis signed by the person performing the analysis or 
that person's assigned agent. The certified and signed copy of the official analysis is 
prima facie evidence of the composition.
4. The commissioner is not required to initiate prosecution or seizure proceedings for 
minor violations of the chapter if the commissioner believes the public interest will be 
best served by a suitable written warning.
5. The commissioner may apply for and the court may grant a temporary or permanent 
injunction restraining any person from violating or continuing to violate this chapter or 
any implemented rule, notwithstanding the existence of other remedies at law. An 
injunction under this section must be issued without bond.

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