N.D. Cent. Code § 19-17-04

Current through the 2023 Legislative Sessions
Section 19-17-04 - Enforcement
1. The department shall enforce this chapter and the department may adopt rules, regulations, and orders pursuant to chapter 28-32 for the efficient enforcement of this chapter.
2. Whenever the vitamin and mineral requirements set forth in sections 19-17-02 and 19-17-03 are no longer in conformity with the legally established standards governing the interstate shipments of enriched flour and enriched white bread or enriched rolls, the department, in order to maintain uniformity between intrastate and interstate vitamin and mineral requirements for the foods within the provisions of this chapter, shall modify or revise such requirements to conform with amended standards governing interstate shipments.
3. In the event of findings by the department that there is an existing or imminent shortage of any ingredient required by sections 19-17-02 and 19-17-03, and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement of this chapter, the department shall issue an order, to be effective immediately upon issuance, permitting the omission of such ingredients from flour or white bread or rolls, and if the department finds it necessary or appropriate, excepting such foods from labeling requirements until the further order of the department. Any such findings may be made without hearing, on the basis of an order or of factual information supplied by the appropriate federal agency or officer. In the absence of any such order of the appropriate federal agency or factual information supplied by it, the department on the department's own motion may, and upon receiving the sworn statements of ten or more persons subject to this chapter that they believe such a shortage exists or is imminent shall, within twenty days thereafter hold a public hearing with respect thereto at which any interested person may present evidence, and shall make findings based upon the evidence presented. The department shall publish notice of any such hearing at least ten days prior thereto. Whenever the department has reason to believe that such shortage no longer exists, the department shall hold a public hearing, after at least ten days' notice has been given, at which any interested person may present evidence, and the department shall make findings based upon the evidence so presented. If the department's findings be that such shortage no longer exists, the department shall issue an order to become effective not less than thirty days after the publication thereof, revoking such previous order; provided, however, that undisposed floor stocks of flour on hand at the effective date of such revocation order, or flour manufactured prior to such effective date, for sale in this state may thereafter be lawfully sold or disposed of.
4. For the purpose of this chapter, the department is authorized to take samples for analysis and to conduct examinations and investigations, and to enter, at reasonable times, any factory, mill, bakery, warehouse, shop, or establishment where flour, white bread, or rolls are manufactured, processed, packed, sold, or held, or any vehicle being used for the transportation thereof, and to inspect any such place or vehicle and any flour, white bread, or rolls therein, and all pertinent equipment, materials, containers, and labeling.

N.D.C.C. § 19-17-04