NDAC 99-01.3-16-07
Ban or recall of defective pull tabs or punchboards
Cite as N.D. Admin. Code ยง 99-01.3-16-07
1.
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.