Unless the context or subject matter otherwise requires:
A person must be construed to practice or offer to practice soil classifying within the meaning and intent of this chapter who by verbal claim, sign, advertisement, letterhead, card, or use of some other title represents that the person is a soil classifier, but does not mean or include the practice of soil classifying by persons exempt under the provisions of section 43-36-24 nor the work ordinarily performed by persons who sample and test soil for fertility status or construction materials and engineering surveys and soundings to determine soil properties influencing the design and construction of engineering and architectural projects. Notwithstanding the foregoing provisions, a person may not be construed to practice soil classifying unless the person offers soil classifying services to or performs such soil classifying for the public.
N.D.C.C. § 43-36-01