Section 99-01.3-16-07 - Ban or recall of defective pull tabs or punchboards1. If the attorney general determines that deals of pull tabs, electronic pull tabs, or punchboards for sale in North Dakota do not meet the quality standards, the attorney general may order all defective deals and all similarly constructed or printed deals in North Dakota to be immediately recalled by the manufacturer or banned or prohibit a manufacturer from transacting business in North Dakota. If the attorney general orders a ban or recall, the manufacturer of the deal must first be notified of the reason, effective date, and specific requirements. Upon notification, a manufacturer shall cease sale of that deal and initiate compliance with a ban or recall. A manufacturer shall notify, in writing, all distributors within seventy-two hours of the notice, the effective date, and arrange for the prompt return of all the defective deals.2. A distributor, when notified by a manufacturer or attorney general, shall immediately stop sales or delivery of the deals. Within seventy-two hours, a distributor shall notify the organizations that have bought the deal during the last ninety days, the effective date, and arrange for the prompt return of all the defective deals.3. Before any reintroduction in North Dakota of a banned or recalled deal, a manufacturer shall submit the revised deal to the attorney general for approval. The attorney general shall notify the manufacturer of the approval or disapproval and the manufacturer shall send a copy of an approving letter to the distributor with the next shipment of the revised deal.4. If a manufacturer initiates a recall of deals of pull tabs, electronic pull tabs, or punchboards in any state regarding products that were sold in North Dakota, it shall immediately notify the attorney general and comply with this section.N.D. Admin Code 99-01.3-16-07
Effective May 1, 1998; amended effective July 1, 2000; July 1, 2010.Amended by Administrative Rules Supplement 369, July 2018, effective 7/1/2018.General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1