N.D. Cent. Code § 51-38-02: Processor and retailer - License required - Qualifications - Fees

1.A processor or retailer may not prepare, distribute, or sell kratom unless the processor or retailer holds a license issued by the attorney general.

2.Qualifications for licensure established by the attorney general must include:

a.An applicant, if an individual, must be a legal resident of the United States;

b.An applicant, if a corporation, limited liability company, limited partnership, general partnership, or limited liability partnership, must be registered with the secretary of state;

c.An applicant or manager may not have been convicted of a felony offense by the federal government or any state, a violation of subdivision d of subsection 1 of section 19-03.1-23 or an equivalent offense by the federal government or another state, or, following any conviction of any offense, must be determined to be significantly rehabilitated under section 12.1-33-02.1;

d.An applicant's facility or principal place of business must meet local and state sanitation and safety requirements; and

e.An applicant for a retailer license may not have a financial interest in a processor business.

3.The attorney general may deny the application of an applicant that:

a.Engages in fraud or deceit;

b.Fails to meet the qualifications for licensure under this chapter or administrative rule; or

c.Fails to comply with the requirements under this chapter or administrative rule.

4.A separate license is required for each facility or place of business operated or maintained by a processor or retailer.

5.An initial application for a processor or retailer license must be accompanied by a fee of ten thousand dollars.

6.The attorney general is not required to review an application that is determined to be incomplete.

7.A license issued under this section expires one year after the date of issuance unless the license is sooner revoked by the attorney general. A license may be renewed annually upon payment of a renewal fee of five thousand dollars.

8.A license issued under this chapter is not transferable.

9.A processor or retailer shall prominently display the license at the facility or place of business for which the license was issued.

10.The attorney general may not issue a license to a processor or retailer that does not meet the requirements for renewal. If the processor's or retailer's license is not renewed, the processor or retailer shall dispose of all kratom.

11.An applicant or licensee may appeal a denial, suspension, or revocation of a license to the district court of Burleigh County within thirty days after notice has been given.