Bill
HB 1551
North Dakota HB 1551 creates a regulatory framework for biostimulants and soil amendments, requiring product registration, labeling, distributor licensing, and annual reporting.
Status (as provided)
- Introduced Dec. 9, 2024.
- As of 03/26 (filed with Secretary of State). The bill text was considered and amended during the 2025 Legislative Assembly (multiple engrossed versions appear in the record).
Purpose
- Create a new chapter in Title 4.1 of the North Dakota Century Code to establish a regulatory framework for “beneficial substances” (including plant biostimulants, plant/soil amendments and inoculants). The chapter sets definitions, labeling standards, product registration, distributor licensing, inspection fees, exemptions, and some penalties/renewal penalties.
Key provisions and changes
- Definitions: Establishes precise statutory definitions for “beneficial substance,” “plant biostimulant,” “plant amendment,” “plant/soil inoculant,” “brand,” “distributor,” “registrant,” etc. The term excludes primary/secondary/microplant nutrients and pesticides and requires that substances be demonstrated by scientific research to be beneficial to one or more plant species, soils, or media.
- Mandatory labeling: Labels must conspicuously include brand/product name, net weight/volume (customary and metric), guarantor/registrant/manufacturer name and address, product purpose, directions for use, and a composition statement under heading “CONTAINS BENEFICIAL SUBSTANCES” that lists ingredient names and percentages, genus/species for microbes, and CFU or other acceptable microbial units. Microbial products must also show expiration date and storage conditions.
- Efficacy documentation: If an ingredient is not already defined by the applicable plant food control association (A&PFCO/ AAPFCO), the label/registration must include efficacy data supporting the ingredient claim.
- Product registration: Each brand (product) must be registered before sale. Fee: $50 per product. Registrations are effective for two years (July 1 — June 30 of even-numbered years). Late renewal penalty: $100 per product.
- Distributor licensing: Anyone distributing beneficial substances must hold a distributor license for each location or mobile unit. Fee: $100 per location; licenses effective for two years (July 1 — June 30 of even-numbered years). Late renewal penalty: $100 per location. Licenses are nontransferable and must be posted/carried as specified.
- Inspection fee & reporting: An inspection fee of $10 or $0.20 per ton (whichever is greater) applies to distributed beneficial substances; small packaged products (≤10 lb) may be exempt. Licensed distributors must file tonnage reports annually (by Jan. 31) and keep purchase/sales records for 3 years.
- Exemptions: Lists common unprocessed soil materials (e.g., hay, straw, peat, sand, perlite, gypsum, vermicompost) that may be exempt when clearly identified on the label and limits ingredient statements required for certain soil amendment products unless specific beneficial claims are made.
- Fee deposits: All fees are forwarded to the State Treasurer for deposit in the Environment and Rangeland Protection Fund.
- Penalties: The draft includes late-renewal penalties and references that a penalty is provided; the excerpts shown do not include a complete criminal/civil penalty schedule. Distributing without required license/registration would be prohibited and subject to penalties in the chapter.
Who is affected
- Manufacturers, importers, formulators, distributors, registrants and sellers of biostimulants, soil/plant amendments and inoculants in North Dakota.
- Agricultural retailers and mobile distributors (each location/unit must be licensed).
- Farmers, commercial growers and other end-users (through labeling, composition, storage/expiration information and potential costs passed through).
- State agencies (licensing, inspection, enforcement) and the Environment & Rangeland Protection Fund (recipient of fees).
Procedural / timing aspects
- Registration and licensing operate on two‑year cycles beginning July 1 and ending June 30 of even‑numbered years. Renewal deadlines (and late fees) are anchored to July 31.
- Inspection fee reporting is annual (forms and fees due by January 31 for the prior calendar year).
- The bill text circulated in multiple engrossed/amended forms during the 2025 session; stakeholders should consult the final enrolled/official version for any additional penalty language or technical changes.
Practical impacts
- Imposes new administrative requirements and fees on product registrants and distributors; increases labeling and documentation obligations (including efficacy data for novel ingredients and microbial unit specifications).
- Aims to improve product transparency and consumer protections while creating a revenue stream for the designated state fund.
- Compliance costs and enforcement workload will primarily affect private-sector producers/distributors and the department/commissioner charged with administration.
Note
- This summary is based on excerpts and multiple versions of HB 1551 supplied. For enforcement details, specific penalty language, or the final enacted text, consult the bill’s final enrolled version or the North Dakota Century Code once the chapter is officially codified.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
