North Dakota Administrative Code Title 7 - Agriculture Commissioner
Overview: NDAC Title 7 – Agriculture Commissioner
Title 7 of the NDAC outlines the rules and regulations promulgated under the authority of the North Dakota Agriculture Commissioner. This position is a statewide elected official responsible for enforcing agricultural laws, promoting agricultural development, and protecting agricultural interests in North Dakota.
The Commissioner’s powers and duties are rooted primarily in the North Dakota Century Code (NDCC), Chapter 4.1, and other agriculture-related statutes.
Key Responsibilities of the Agriculture Commissioner
Regulation and Enforcement
Oversees enforcement of laws related to pesticides, fertilizers, seed quality, weights and measures, animal health, and food safety.
Supervises inspections of agricultural products, equipment, and facilities.
Licenses dealers, applicators, and producers subject to agricultural regulations.
Promotion of Agriculture
Implements programs supporting agricultural production, marketing, and research.
Coordinates state efforts with federal and private agricultural agencies.
Rulemaking and Administrative Functions
Promulgates rules governing agricultural practices, licensing, and enforcement procedures.
Conducts hearings on violations and administrative penalties.
Consumer Protection
Ensures accurate labeling and quality standards for agricultural products.
Monitors fair trade practices within the agricultural sector.
Scope of NDAC Title 7
Title 7 contains administrative rules covering diverse areas such as:
Pesticide Application and Licensing
Certification of applicators, pesticide use restrictions, recordkeeping requirements.
Seed Laws
Certification of seed quality, labeling, and standards.
Weights and Measures
Standards for commercial scales, fuel pumps, and measurement devices used in agricultural commerce.
Animal Health
Regulations on livestock disease control, vaccination, and quarantine.
Fertilizer and Soil Amendments
Standards for composition, labeling, and application.
Administrative Procedures
Procedures for inspections, violation reporting, hearings, and appeals.
Legal Authority and Administrative Law Principles
The Agriculture Commissioner’s regulatory powers derive from enabling statutes, and administrative rules must conform to those statutes. Judicial review typically involves questions of:
Delegation of Authority
Due Process
Statutory Interpretation
Constitutional Challenges
Relevant Case Law Principles
While specific North Dakota cases on Title 7 are limited, important legal principles from administrative law and agriculture regulation apply:
1. Delegation of Legislative Authority
The legislature may delegate regulatory authority to the Agriculture Commissioner, provided there is an intelligible principle guiding the delegation.
Example Principle: J.W. Hampton Jr. & Co. v. United States, 276 U.S. 394 (1928)
Agency rulemaking must be grounded in clear legislative standards.
Application: ND Legislature provides sufficient guidance in NDCC Chapter 4.1 for Commissioner’s rulemaking under Title 7.
2. Due Process in Enforcement
When the Commissioner imposes penalties or suspends licenses, affected parties have a due process right to notice and a hearing.
Case Example: Mathews v. Eldridge, 424 U.S. 319 (1976)
Due process requires balancing the government’s interest, the risk of erroneous deprivation, and procedural safeguards.
Application: Farmers or dealers accused of violations under Title 7 regulations are entitled to fair procedures before penalties.
3. Administrative Rule Validity and Judicial Review
Courts will uphold Commissioner rules unless they are arbitrary, capricious, or exceed statutory authority.
Case Example: Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984)
Courts defer to reasonable agency interpretations of ambiguous statutes.
Application: Title 7 rules will generally be upheld if consistent with NDCC and legislative intent.
4. Commerce Clause and Agricultural Regulation
State regulations affecting agricultural commerce must not unduly burden interstate commerce.
Case Example: Hughes v. Oklahoma, 441 U.S. 322 (1979)
Laws that discriminate against interstate commerce are subject to strict scrutiny.
Application: ND rules under Title 7 regulating agriculture must be non-discriminatory and justified by legitimate local interests.
5. Consumer Protection and Fraud Prevention
The Commissioner may regulate labeling and sales practices to prevent fraud and protect consumers.
Case Example: Federal Trade Commission v. Sperry & Hutchinson Co., 405 U.S. 233 (1972)
Government agencies can regulate deceptive practices in commerce.
Application: Title 7 rules on seed labeling, fertilizer contents, and pesticide sales must ensure truthfulness and accuracy.
Hypothetical Case Scenario
Case: In re Suspension of Agricultural Dealer License (NDAC Title 7 enforcement)
A fertilizer dealer is accused of mislabeling products. The Commissioner suspends the dealer’s license without prior notice. The dealer challenges the suspension citing due process violations.
The court reviews:
Whether the dealer had a protected interest (license).
If adequate notice and opportunity to be heard were provided.
If the Commissioner acted within statutory authority.
Applying Mathews v. Eldridge, the court requires a hearing before suspension unless emergency justification exists.
Summary Table
| Aspect | Description |
|---|---|
| Agency | North Dakota Agriculture Commissioner |
| Authority | ND Century Code Chapter 4.1 and related statutes |
| Scope of Rules | Pesticides, seeds, weights/measures, animal health, fertilizers |
| Key Functions | Licensing, inspection, enforcement, consumer protection |
| Legal Principles | Delegation, due process, rule validity, commerce clause, fraud prevention |
Final Notes
NDAC Title 7 establishes comprehensive rules to protect North Dakota’s agricultural economy and consumers.
The Agriculture Commissioner’s regulatory powers must be exercised consistent with constitutional safeguards and statutory limits.
Parties affected by Title 7 regulations have rights to due process and judicial review.
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