# Title 7 — Agriculture Commissioner

## Article 7-04 — Plant Industries

## Chapter 7-04-01 — Pest Prevention - Black Stem Rust Quarantine

### § 7-04-01-01. Definitions.

The following terms as used in this chapter, except where the context otherwise requires, shall
include both the singular and the plural and shall be construed to mean:
1. "Black stem rust" means the disease caused by the organism puccinia graminis pers.
2. "Certificate" means a document issued or authorized by the commissioner to allow movement
of regulated articles to any destination.
3. "Commissioner" means the commissioner of the department of agriculture of this state or any
officer or employee of the department, or other person, to whom the authority to act in the
commissioner's stead has been or hereafter may be delegated.
4. "Compliance agreement" means a written agreement between a person engaged in growing,
handling, or moving regulated articles and the department of agriculture, wherein the former
agrees to comply with the requirements of this chapter.
5. "Limited permit" means a document issued or authorized by the commissioner to allow
movement of noncertified regulated articles to a specified destination for limited handling or
utilization.
6. "Move" means to ship, offer for shipment, receive for transportation, carry, or otherwise
transport, move, or allow to be moved.
7. "One year's growth" means the growth of a plant during all growing seasons of any calendar
year.
8. "Person" means any individual, corporation, company, society, or association, or other
organized group.
9. "Regulated article" means any article described in the quarantine.

10. "Restricted destination permit" means a document issued or authorized by the commissioner
to allow the movement of regulated articles not certified under all applicable quarantines to a
specific destination for other than scientific purposes.
11. "Rust-resistant plants" means berberis, mahoberberis, and mahonia plants listed as
rust-resistant by the director of the plant protection division, United States department of
agriculture in the "Manual of Administratively Authorized Procedures to be Used Under the
Black Stem Rust Quarantine".
12. "Scientific permit" means a document issued by the commissioner to allow the movement of
regulated articles to a specific destination for scientific purposes.
13. "Seedlings" mean any plant grown from seed within the genus berberis of less than two year's
growth.
14. "Two year's growth" means the growth of a plant during all growing seasons of two successive
calendar years.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-01
### § 7-04-01-02. Regulated area.

The entire state is the regulated area.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-04
### § 7-04-01-03. Regulated articles.

No person shall move into or within this state any of the following regulated articles except in
accordance with conditions prescribed in this chapter:
1. Black stem rust (puccinia graminis pers) spores in any living stage.
2. All plants, seeds, fruits, and other parts of plants which are capable of propagation, and
belong to the genera berberis, mahoberberis, or mahonia, except mahonia cuttings for
decorative purposes.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-04
### § 7-04-01-04. Conditions governing the movement of regulated articles.

The following regulated articles may be moved into and within the state if all of the applicable
conditions as specified in this section have been fulfilled and if certificates or permits have been issued:
1. Rust-resistant berberis, mahoberberis and mahonia plants.
a. Seedlings of rust-resistant berberis plants may be moved into or within this state if
accompanied by a permit, to any destination authorized by such permit.
b. Rust-resistant berberis plants of at least two year's growth, mahoberberis and mahonia
plants, and cuttings taken from such plants, may be moved into and within the state to
any destination if the commissioner determines that the plants and cuttings are true to
type and if the plants and cuttings are accompanied by a certificate or permit.

2. Seeds and fruits of rust-resistant berberis plants. Seeds and fruits of rust-resistant
berberis plants originating within an eradication area may be moved into or within the state if
accompanied by a permit.
3. Seeds and fruits of rust-resistant mahonia plants. Seeds and fruits of rust-resistant
mahonia plants may be moved into and within this state if accompanied by a permit.
4. Any regulated article. Any regulated article may be moved to a specified destination for
scientific purposes under such conditions as may be authorized by the commissioner under a
scientific permit.
5. Black stem rust spores. Living spores originating from any other state may be moved into
and within the state if accompanied by a scientific permit. Application for the permit may be
made to the commissioner.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-04
### § 7-04-01-05. Issuance and cancellation of certificates and permits.

1. Certificates may be issued for any regulated articles by the commissioner if the commissioner
determines that they are eligible for certification for movement to any destination under all
state plant quarantines applicable to such articles and upon examination they have been
found to be free from evidence of black stem rust and to be rust-resistant.
2. Limited permits may be issued by the commissioner to allow intrastate movement of regulated
articles, not eligible for certification under this chapter, to specified destinations for limited
handling or utilization, when upon evaluation of the circumstances involved in each specific
case the commissioner determines that such movement will not result in the spread of the
black stem rust and requirements of other applicable state plant quarantines have been met.
3. Restricted destination permits may be issued by the commissioner to allow the intrastate
movement of regulated articles for other than scientific purposes to any destination permitted
under all applicable state plant quarantines, if such articles are not eligible for certification
under all such quarantines, but would otherwise qualify for certification under this chapter.
4. Scientific permits may be issued by the commissioner to allow the intrastate movement of
regulated articles for scientific purposes under such conditions as may be prescribed in each
specific case by the commissioner.
5. Certificate, limited permit, and restricted destination permit forms may be issued by the
commissioner to any person for use by the latter for subsequent shipments provided such
person is operating under a compliance agreement. Any such person may be authorized by
the commissioner to reproduce such forms on shipping containers or otherwise. Any such
person may use the certificate forms or reproductions of such forms for the intrastate
movement of regulated articles from the premises of the person identified in the compliance
agreement if the person has made the determination specified in subsection 1 with respect to
such articles. Any such person may use the limited permit forms or reproductions of such
forms, for intrastate movement of regulated articles to specific destinations authorized by the
commissioner in accordance with subsection 2. Any such person may use the restricted
destination permit forms or reproductions of such forms, for the intrastate movement of
regulated articles not eligible for certification under all state plant quarantines applicable to
such articles, under the conditions specified in subsection 3.
6. Any certificate or permit which has been issued or authorized may be withdrawn by the
commissioner if the commissioner determines that the holder thereof has not complied with
any condition for the use of such document imposed by this chapter.

General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-04
### § 7-04-01-06. Compliance agreements and cancellation thereof.

1. Any person engaged in the business of growing, handling, or moving regulated articles may
enter into a compliance agreement to facilitate the movement of such articles. Compliance
agreement forms may be obtained from the commissioner.
2. Any compliance agreement may be canceled by the commissioner whenever the
commissioner finds, after notice and reasonable opportunity to present views has been
accorded to the other party thereto, that such other party has failed to comply with the
conditions of the agreement.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-04
### § 7-04-01-07. Assembly and inspection of regulated articles.

Persons, other than those authorized to use certificates, limited permits, or restricted destination
permits, or reproductions thereof, who desire to move intrastate regulated articles which must be
accompanied by a certificate or permit shall as far in advance as possible request the commissioner to
examine the articles prior to movement. Such articles shall be assembled at such points and in such
manner as the commissioner designates to facilitate inspection.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-04
### § 7-04-01-08. Attachment and disposition of certificates or permits.

1. If a certificate or permit is required for the intrastate movement of regulated articles, the
certificate or permit shall be securely attached to the outside of the container in which such
articles are moved, except that where the certificate or permit is attached to the waybill or
other shipping document, and the regulated articles are adequately described on the
certificate, permit, or shipping document, the attachment of the certificate or permit to each
container of the articles is not required.
2. In all cases, certificates or permits shall be furnished by the carrier to the consignee at the
destination of the shipment.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-04
### § 7-04-01-09. Inspection and disposal of regulated articles.

The commissioner is authorized to stop, inspect, seize, destroy, or otherwise dispose of, or require
disposal of regulated articles in such manner as the commissioner deems necessary.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-05
### § 7-04-01-10. Nonliability of the department.

The department of agriculture disclaims liability for any costs incidental to inspections or
compliance with provisions of this chapter, other than for the services of the commissioner.
General Authority: NDCC 4.1-23-02
Law Implemented: NDCC 4.1-23-05
