Testimony of Jeff Olson,
Registration Coordinator
House Bill 1128
January 16, 2003
9:00 a.m.
House Agriculture Committee
Peace Garden Room

Chairman Nicholas and members of the committee. My name is Jeff Olson. I am a Program Manager at the Department of Agriculture. I am here to testify in support of HB 1128 a bill that amends Chapter 19-14 of the North Dakota Century Code. This bill is a housekeeping bill to clarify existing language and to add a late fee for registering livestock medicines.

Confusion concerning the language used in the current law has created problems with the registrants. We also deleted the requirement to register all medicated stock feeds and added a requirement to register "Type A Medicated Articles" as livestock medicines. "Type A Medicated Articles" are primarily drugs added to feed to create a medicated livestock feed, whereas Medicated Stock Feeds are used primarily for nutritional purposes.

A fiscal note was prepared showing an increase of approximately $1,300 to the general fund because of the addition of a late fee. This figure was based on the approximately 1,240 livestock medicine registrations and the projection of approximately 70 new registrations based on the Type A Medicated Article requirements for a total projected registration of 1,310 products.

Rational for including each section follows:
Section 1. Changes the term "Livestock Medicine Defined" to "Definitions". This also eliminates the inclusion of all medicated stock feed and defines "Type A Medicated Article".
I would also like offer an amendment to delete the word devices from section one. It is nearly impossible to enforce the registration of devices as it is all inclusive. It includes items such as syringes pipettes and kits used in delivering the drug. We feel it is more appropriate to register the medications than the devices.

Section 2. Line 12 changes the language from the "second ensuing" year to read "every even numbered" year. This allows the department to maintain a registration process that is cost effective and time efficient. It also allows the department to coordinate registration renewals.

Section 4. Adds a penalty fee for the late renewal of livestock medicine registrations as allowed for other product registrations and that encourages timely registrations prior to product sales.

Section 7. At the request of the Attorney General's office, clarification to the section was added for enforcement compliance to make it uniform to other registration chapters in the Century Code.

Section 8. At the request of the Attorney General's office, this change defines the penalty provision of this chapter to include a civil penalty and to allow for an administrative hearing according to chapter 28-32.

Thank you for considering HB 1128. I would be happy to answer any questions.