# Title 7 — Agriculture Commissioner

## Article 7-13 — Meat Inspection

## Chapter 7-13-01 — General Information

### § 7-13-01-01. History.

The first law providing inspection of meat slaughtering and processing facilities was enacted in
1951 as the standards for meat inspection, sanitation, and distribution under North Dakota Century
Code chapter 36-23 (S.B. No. 201; S.L. 1951, ch. 223). In 1969, the existing meat inspection program
was repealed because of disorganization caused by the lack of inspector training, inconsistency, and
lack of guidance in the regulations (S.B. No. 251; S.L. 1969, ch. 322, § 10). It was immediately
replaced by the North Dakota Meat Inspection Act under North Dakota Century Code chapter 36-23.1
(S.B. No. 251; S.L. 1969, ch. 322, §§ 1-8). This Act made the United States department of agriculture
the only agency in North Dakota providing carcass inspection and inspection for meat slaughtering and
processing facilities. North Dakota Century Code chapter 36-23.1 was repealed in 1991 (H.B.
No. 1478; S.L. 1991, ch. 377, § 3).
In 1999, House Bill No. 1290 created a state meat inspection program, giving the North Dakota
department of agriculture the authority to make rules and implement inspection of meat slaughtering
and processing establishments, including custom-exempt plants. The intent of the program is to allow
small and medium livestock producers more opportunities to market their animal products and to
provide a means for processing alternative or nontraditional livestock. In 2003, Senate Bill No. 2220
added poultry to the program, creating a state meat and poultry inspection program.
History: Effective August 1, 2000; amended effective January 1, 2004.
General Authority: NDCC 4.1-31-24
Law Implemented: NDCC 4.1-31-24
### § 7-13-01-02. Inquiries.

All inquiries regarding the state meat inspection program should be directed to:
North Dakota Department of Agriculture
Director - Meat Inspection Program
600 East Boulevard Avenue, Dept. 602
Bismarck, ND 58505-0020
Telephone: 701-328-2231

Facsimile: 701-328-4567
E-mail: ndda@state.nd.us
History: Effective August 1, 2000.
General Authority: NDCC 4.1-31-24
Law Implemented: NDCC 4.1-31-24
### § 7-13-01-03. Federal law.

Repealed effective July 1, 2019.
### § 7-13-01-04. Definitions.

The terms used throughout this article have the same meaning as in title 9, Code of Federal
Regulations, parts 301 and 381, unless already defined in North Dakota Century Code section
4.1-31-01, in which case the North Dakota Century Code definitions shall govern. In addition, as used
in this chapter or in applying title 9, Code of Federal Regulations, parts 301 and 381:
1. "Administrator" as the term is used in title 9, Code of Federal Regulations, means the North
Dakota agriculture commissioner unless made inappropriate by context.
2. "Commissioner" means the North Dakota agriculture commissioner or the agriculture
commissioner's authorized representative.
3. "Department" means the North Dakota department of agriculture.
4. "Federal Act" means the Federal Meat Inspection Act, as amended [Pub. L. 90-201; 21 U.S.C.
601 et seq.] and the Poultry Products Inspection Act, as amended [Pub. L. 106-170; 21 U.S.C.
451 et seq.].
5. "Food safety inspection service" or "FSIS" as used in title 9, Code of Federal Regulations,
means the North Dakota agriculture commissioner unless made inappropriate by context.
6. "Official establishment" means a plant, facility, operation, or premises where animals are
slaughtered for human consumption, or a plant or premises where meat or meat food products
are processed, but does not include:
a. Establishments subject to federal inspection.
b. Premises of a person who is the owner of the animals to be slaughtered or of carcasses
to be processed, and the resulting product is for exclusive use by that person, members
of that person's household, or that person's nonpaying guests and employees.
7. "Overtime" means any time when meat inspection personnel are requested to work in an
establishment, as follows:
a. Saturday or Sunday.
b. New Year's Day, Martin Luther King Day, Presidents' Day, Good Friday, Memorial Day,
Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. If
any such holiday falls on Saturday or Sunday, the preceding Friday or succeeding
Monday, respectively, shall be a holiday.
c. The day before Christmas Day and the day before New Year's Day.
d. Before 6 a.m. or after 6 p.m.
e. In excess of forty hours of "straight time" in any calendar week.

f. At any time other than a regularly scheduled slaughter period.
g. When an owner of an animal requests slaughter inspection from an official establishment
at a nonregularly scheduled time.
"Overtime" does not include time spent traveling to or from an establishment.
8. "Secretary" or "secretary of agriculture" as used in title 9, Code of Federal Regulations, means
the North Dakota agriculture commissioner unless made inappropriate by context.
History: Effective August 1, 2000; amended effective January 1, 2004.
General Authority: NDCC 4.1-31-24
Law Implemented: NDCC 4.1-31-24
### § 7-13-01-05. Access authorization.

In addition to the access requirements under North Dakota Century Code section 4.1-31-03, the
commissioner and any authorized representative shall have access to establishments where carcasses
are stored or processed or where animals are slaughtered.
History: Effective August 1, 2000.
General Authority: NDCC 4.1-31-18, 4.1-31-24
Law Implemented: NDCC 4.1-31-03, 4.1-31-14
