# Title 19 — Foods, Drugs, Oils, and Compounds

## Chapter 19-01 — Administration

### § 19-01-01. Definitions of terms used in title.

In this title, unless the context or subject matter otherwise requires:
1. "Department" means the department of health and human services.
2. "Person" includes both the singular and the plural, as the case demands, and includes
individuals, partnerships, corporations, limited liability companies, companies, and
associations, or two or more individuals having a joint or common interest.
### § 19-01-02. Consolidated laboratories branch - Members, duties, meetings.

Repealed by S.L. 1993, ch. 218, § 10.
### § 19-01-02.1. Legislative intent.

It is the intent of the legislative assembly that the department provide consumer protection
services to the public by means of laboratory sampling, laboratory testing, onsite inspecting, and
public information services within its jurisdiction.
### § 19-01-03. Director of department - Appointment, bond, oath, salary.

Repealed by S.L. 1987, ch. 263, § 30.
### § 19-01-04. Assistant director - Qualifications, appointment, bond, salary, duties.

Repealed by S.L. 1987, ch. 263, § 30.
### § 19-01-05. Sheriff as local inspector - Compensation, duties.

Repealed by S.L. 2013, ch. 179, § 2.
### § 19-01-06. Offices of department - Employees - Equipment.

Repealed by S.L. 1987, ch. 263, § 30.
### § 19-01-07. Contract services.

Funds may be accepted by the department from cities, counties, states, federal agencies,
and private organizations for contract services of analytical and inspection work. Such funds
must be remitted by the department to the state treasurer and deposited in the operating fund of
the department.
### § 19-01-08. Expenses - How paid.

Repealed by S.L. 1987, ch. 263, § 30.
### § 19-01-09. Right of inspection - Penalty.

For obtaining information regarding suspected violations of any provision contained in this
title, the department, its inspectors and agents, shall have free access to all places, except
private homes, and all vehicles of transportation where and in which any of the products,
articles, compositions, or things designated in any chapter in this title are manufactured, stored,
sold, exposed for sale, prepared for sale, held, or transported. Such inspectors and other agents
of the department may open any car, vehicle, package, can, jar, tub, tank, or other receptacle
containing any such product, articles, composition, or thing, for the purpose of inspection, and
may take therefrom such sample as may be required to permit such contents to be inspected
and analyzed, upon paying or offering to pay to the person entitled thereto the full value of the
sample so taken. Agents, bookkeepers, transportation officers, and other employees connected
with or having control over any place or vehicle in which any such products, articles,

compositions, or things, are manufactured, stored, sold, exposed for sale, prepared for sale,
held, or transported, shall render all assistance and aid within their power to inspectors and
agents of the department in carrying out the provisions of any chapter contained in this title. Any
person obstructing any such agent or inspector of the department in making the entry or
inspection or in taking the samples authorized under the provisions of this section or failing upon
request to assist therein is guilty of a class A misdemeanor.
### § 19-01-10. Department to make analyses, inspections, and examinations - Report of

examination as evidence - Publication of report.
The department shall make, or cause to be made, analyses, examinations, and inspections
of all products, articles, compositions, or things included under this title whenever such
analyses, inspections, or examinations are necessary to determine whether any of such
products, articles, compositions, or things violate this title relating to the products, articles,
compositions, or things in question, or violate any definition, standard, tolerance, rule, or
regulation issued with regard to such products, articles, compositions, or things pursuant to any
provision contained in this title. However, the state crime laboratory shall make or cause to be
made, analysis, examination, inspection, or test of any product, article, composition, or thing at
the request of any prosecutor, defense counsel, or law enforcement officer in the state of North
Dakota when such analysis, examination, inspection, or test is made in connection with an
investigation into violations of the criminal law of this state. A copy of any report issued by the
department or the state crime laboratory, or electronically posted by the director of the state
crime laboratory or the director's designee on the crime laboratory information management
system and certified by a law enforcement officer or individual who has authorized access to the
crime laboratory information management system through the criminal justice data information
sharing system, of the examination or analyses of any product, article, composition, or thing,
duly authenticated by the person making the analysis or examination, when given under oath, is
prima facie evidence in all courts of the matters and facts therein contained. The department
may collect samples of any product, article, composition, or thing for the purpose of making
analyses, inspections, and investigations in connection with research carried on by it and may
publish the reports thereof for the information of the public.
### § 19-01-11. Possession of prohibited or regulated products, articles, compositions, or

things as prima facie evidence.
Possession of any product, article, composition, or thing, the manufacture, sale, or use of
which is restricted, regulated, or forbidden by any provision of this title, is prima facie evidence
of the intent to sell, manufacture, transport, possess, or use the same in violation of the
provisions of this title relating to such product, article, composition, or thing, as the case may be.
### § 19-01-12. Seizure of unlawful products - Search warrant.

A search warrant may be issued by any judge, including a district or municipal judge,
whenever probable cause is shown by affidavit or deposition under oath that any article,
product, composition, or thing is being kept or is present upon certain premises which shall be
particularly described or is in possession of any person who shall be named in the affidavit or
deposition, and that such article, product, composition, or thing, is not in compliance with, or is
being used or possessed contrary to, any applicable provision of this title or of any rule,
regulation, standard, tolerance, or definition issued pursuant thereto. The search warrant must
be in substantially the form described in the North Dakota Rules of Criminal Procedure. It must
particularly describe the premises or the person who has possession of such article and must
be signed by the judge with the name of the judge's office, and must be directed to any peace
officer of the county or to the department or any of its agents. The warrant shall command the
peace officer or agent of the department to search the persons or places named and to seize all
and any products, articles, compositions, or things of the kind described therein which may be
held in violation of any applicable provision of this title and to bring such products, articles,
compositions, or things before the judge.

### § 19-01-13. Department may seize unlawful products, articles, compositions, or things

without search warrant.
The department may seize any product, article, composition, or thing which is
manufactured, sold, used, transported, kept, or offered for sale, use, or transportation, or which
is held in possession with intent to use, sell, or transport the same, in violation of any provision
of this title applicable to such product, article, composition, or thing, or in violation of any rule,
regulation, standard, or definition relating to the product, article, composition, or thing
established pursuant to any provision of this title. The employees of the department have the
powers of a peace officer. A seizure may be made without warrant, but, as soon as practicable,
the person suspected of violation must be arrested and prosecuted for the violation.
### § 19-01-14. Service and return of search warrant and proceedings thereon.

The provisions of sections 29-29-01 and 29-29-18 and rule 41 of the North Dakota Rules of
Criminal Procedure, as to the service and return of a search warrant, and hearing, and return
thereon to the district court, govern in cases of search warrants issued pursuant to the
provisions of this chapter except that testimony of witnesses need not be reduced to writing. If
the magistrate finds that the property seized is property of the kind described in the search
warrant and that there is probable cause to believe that the grounds on which the search
warrant was issued existed, the magistrate shall send the property so seized to the district court,
together with the magistrate's return. If the magistrate finds that there is not probable cause to
believe that the grounds on which the search warrant was issued existed, the magistrate shall
order the property returned to the person from whom it was taken.
### § 19-01-15. Agent is punishable for violation of any provision of title.

Repealed by S.L. 1975, ch. 106, § 673.
### § 19-01-16. Enforcement by department - Duty of state's attorney to prosecute.

The department shall enforce the provisions contained in this title and may prevent the
manufacture or sale of products, articles, compositions, or things not complying with any
provisions of this title applicable thereto. The department shall report each violation of any such
provision to the state's attorney of the county within which such violation occurred. Any state's
attorney to whom the department or any of its inspectors or agents shall report any such
violation, without delay, shall cause appropriate proceedings to be instituted for the enforcement
of the appropriate penalty.
### § 19-01-17. Form of license to be issued.

All licenses and permits issued by the department must be uniform insofar as practicable
and must be on a suitable blank provided and prescribed by the department. If two or more
licenses or permits are issued to the same person or corporation, they must be on one and the
same blank when possible and practicable.
### § 19-01-18. Duties as to weights and measures.

Repealed by S.L. 2013, ch. 179, § 2.
### § 19-01-19. Administrative procedure and judicial review.

Any proceeding under this title for issuing or modifying rules and regulations and
determining compliance with rules and regulations of the department must be conducted in
accordance with chapter 28-32 and appeals may be taken as provided in chapter 28-32.
