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.
