Summary — North Dakota HB 1084 (2025)
Title: An Act to amend and reenact sections 4.1‑19‑03 and 4.1‑19‑05 of the North Dakota Century Code, relating to the management of eggs and poultry in the state; and to repeal section 4.1‑19‑04 (licensing requirements for buyers, sellers, and producers of eggs and poultry).
Status: Enacted (Act 884). Passed both chambers; enrolled and transmitted to the Governor. Emergency clause adopted; signed and filed with the Secretary of State (March–April 2025). Effective immediately upon signature.
Purpose and intent
- Update the statutory duties and enforcement authority related to the State’s regulation of poultry and egg production/marketing and to remove a statutory licensing requirement for parties who buy, sell, or produce eggs and poultry.
Key provisions
- §4.1‑19‑03 (Purposes/Duties) — Reenacts and restates the agriculture commissioner’s duties, including:
- Promoting improved poultry breeding practices and cooperating with the Board of Animal Health on contagious/infectious poultry diseases.
- Acting as the State agency to coordinate with USDA and federal partners on the National Poultry Improvement Plan.
- Cooperating with USDA to provide and supervise federal‑state grading services and enforce retail grade identification.
- Promoting welfare, improvement, and marketing of the poultry industry in North Dakota.
- Adopting rules under chapter 28‑32 as necessary to implement the chapter.
§4.1‑19‑05 (Penalty) — Amends enforcement options and penalties:
- Retains a criminal penalty: violation of chapter or adopted rules is a class A misdemeanor.
- Adds or clarifies a civil enforcement option: a civil penalty of up to $1,000 per violation may be imposed. Civil penalties may be adjudicated by the courts or administratively by the agriculture commissioner through an independent hearing officer under chapter 28‑32.
- Authorizes the agriculture commissioner to bring civil actions in the name of the State to enforce the chapter.
- Makes knowingly false statements/representations in applications, records, reports, or other documents a class A misdemeanor.
- Clarifies that “person” includes individuals, partnerships, corporations, LLCs, associations, cooperatives, or any business entity.
Repeal of §4.1‑19‑04 — Eliminates existing statutory licensing requirements for buyers, sellers, and producers of eggs and poultry.
Who is affected
- Poultry and egg industry participants in North Dakota — producers, sellers, buyers, and related businesses — by removal of the statutory licensing requirement.
- North Dakota Department of Agriculture / Agriculture Commissioner — retains disease control, grading coordination, rulemaking duties and gains clarified civil enforcement authority (administrative adjudication and civil suits).
- Consumers and retail outlets — regulatory oversight of grading and labeling at retail remains assigned to the State (per §4.1‑19‑03), but licensing-based oversight is removed.
Procedural/timeline notes
- The bill was passed with an emergency clause and was enacted as Act 884 in spring 2025 (signed and filed March–April 2025). Because of the emergency clause, its provisions took effect immediately upon the Governor’s signature.
Potential impacts (practical effects to monitor)
- Regulatory burden: Repeal of the licensing requirement likely reduces administrative/compliance obligations and fees for market participants.
- Enforcement shift: Authority to impose civil penalties and to adjudicate administratively provides the Department of Agriculture more flexible enforcement tools (in addition to criminal prosecution).
- Public health/traceability: Removing licensing could affect regulatory oversight mechanisms used for traceability, biosecurity, or consumer protection; however, the agriculture commissioner retains rulemaking and federal‑state coordination duties (e.g., grading, disease control).
Primary sponsor: Representative Nakamura. Companion: SB 1403.
