Agriculture - Honey Assessments - Penalty

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4.1-08-01. Definitions. As used in this chapter: 1. "Beekeeper" means any person owning or controlling a colony of bees for the

production of honey, beeswax, or byproducts. 2. "Commissioner" means the agriculture commissioner.

4.1-08-02. Assessment. An annual assessment in the amount of ten cents is imposed on each colony of honeybees

licensed by the beekeeper. The minimum annual assessment is one dollar.

4.1-08-03. Submission of assessments - Civil penalty. 1. Each beekeeper shall submit the assessment required by section 4.1-08-02 to the

commissioner at the same time the beekeeper submits the license application required by section 4.1-16-02.

2. If a beekeeper fails to submit the assessment as required by this section, the commissioner may impose a penalty equal to five percent of the amount due, plus interest at the rate of six percent per annum from the due date.

4.1-08-04. Refunds. 1. To receive a refund of any assessment paid in accordance with this chapter, a

beekeeper shall obtain an application form from the commissioner within sixty days from the date the commissioner received the assessment required by section 4.1-08-02.

2. The beekeeper shall return the completed form to the commissioner within ninety days from the date the commissioner received the assessment required by section 4.1-08-02.

3. A beekeeper is not entitled to a refund under this section unless the refundable amount meets or exceeds five dollars.

4.1-08-05. Continuing appropriation. The commissioner shall forward all moneys received under this chapter to the state

treasurer for deposit in a special fund known as the honey fund. All moneys in the honey fund are appropriated on a continuing basis to the commissioner to carry out this chapter.

4.1-08-06. Assessment - Authorized expenditures. The assessment required by this chapter may be used to fund research, including efforts

that focus on honeybee colony health; education programs; and market development efforts, as well as promotional efforts such as the North Dakota honey queen program.

4.1-08-07. Commissioner - Powers. The commissioner may: 1. Expend moneys appropriated under this chapter for the purposes set forth in section

4.1-08-06, provided the commissioner first consults with the board of directors of the North Dakota beekeepers' association; and

2. Do all things necessary and proper to enforce and administer this chapter.

4.1-08-08. Biennial report - Information regarding honey assessments. When compiling the biennial report required by section 54-06-04, the commissioner shall

provide information regarding activities under this chapter, including the amount of assessments collected and the manner in which the moneys were expended.

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4.1-08-09. Penalty. Any person willfully violating this chapter is guilty of a class B misdemeanor.

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