Section 38-03-02-02 - Intrastate farm operations1. The transportation of an agricultural product other than a Class 2 material, over local roads between fields of the same farm, is exempted from the requirements of this chapter when: a. It is transported by a farmer who is an intrastate private motor carrier; and b. The movement of the agricultural product conforms to all other state statutes or rules in effect before July 1, 1998. 2. The transportation of an agricultural product to or from a farm, within one hundred fifty miles [241.40 kilometers] of the farm, is exempted from the requirements in subparts G and H of 49 CFR part 172 when: a. It is transported by a farmer who is an intrastate private motor carrier. b. The total amount of agricultural product being transported on a single vehicle does not exceed: (1) Sixteen thousand ninety-four pounds [7300 kilograms] of ammonium nitratefertilizer properly classed as Division 5.1, PGIII, in a bulk packaging; or (2) Five hundred two gallons [1900 liters] for liquids or gases, or five thousand seventy pounds [2300 kilograms] for solids, of any other agricultural product. c. The packaging conforms to the general packaging requirements of 49 CFR parts 173.24, 173.24A, and 173.24B. d. Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of this chapter. e. Formulated liquid agricultural products in specification packagings of fifty-eight gallons [220 liters] capacity or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or for loading aboard an airplane for aerial application. f. See 49 CFR part 173.315(m) and North Dakota Administrative Code section 38-03-02-01 pertaining to nurse tanks of anhydrous ammonia. g. See 49 CFR part 173.6 pertaining to materials of trade. N.D. Admin Code 38-03-02-02
Effective February 1, 1999.General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-21-44