57.04.070 Powers and Duties of the Commission

(a) The Commission shall act as a unit and all actions of the Commission shall be pursuant to a vote of the Commission. No individual Associate Commissioner shall have the power to act unilaterally on behalf of the Commission. The President of the Commission shall act on behalf of the Commission to see that all actions of the Commission are properly communicated and carried out.

(b) The Commission is hereby authorized and required to promulgate regulations governing agriculture, both public and private, within the territory and or otherwise subject to the jurisdiction of the Tribe. Such rules and regulations must comport with all applicable tribal law.

(c) The Commission is hereby authorized and required to promulgate regulations governing all licensing matters under this title, including but not limited to application requirements, suspension, revocation, and renewal.

(d) The Commission is hereby authorized and required to ensure that the Department and all Licensees shall act in compliance with this title and any other applicable laws.

(e) The Commission is hereby authorized, following basic requirements of due process, to hear appeals of any denial of license or permit by the Department and any fine or other penalty imposed by the Department and to reverse the decision of the Department, which shall be binding upon the Department.

(f) Any researcher associated with or operating under an institution of higher education under the control of the Tribe is exempt from obtaining a license described under Section 57.03.030 to grow hemp. A researcher shall notify the Commission and the Director in writing of the researcher's intent to plant hemp and provide the following information to the Commission: a. The name and contact information of the primary investigator; and b. The legal description of all land where hemp will be grown as part of the project. The research institution shall ensure the principal investigator and all other project participants meet the criminal history background requirements and all requirements of the Research Protection Act.

(g) The Commission shall adopt written procedures on the internal operations of the Commission.

(h) The Commission shall have responsibility to regulate commercial activities regarding the following subject matters, including but not limited to:

(1) Horticulture (produce, fruits and vegetables)

(2) Poultry

(3) Eggs

(4) Animal Feed and Animal Feed Additives

(5) Food Safety (for both Human and Animal Consumption)

(6) Fertilizer use, regulation, and oversight

(7) Seed preservation, protection, and propagation

(8) Pesticide and herbicide use and applicator licensing

(9) Field inspection

(10) Apiary inspection, honey production, and bees

(11) Meat and poultry inspection

(12) Organic Program Development and Certification

(13) Plant disease and inspection

(14) Pest management and noxious weed control

(15) Agritourism

(16) Diversified agricultural development including direct farm marketing and value-added production

(17) International market development and trade

(18) Economic development through agriculture

(19) Traditional foods preservation, protection, and promotion

(20) Agricultural Education, Training, and Technical Assistance (in partnership with Tribal college, if applicable)

(21) Specialty meat, poultry, fish, and plant products (traditional and not)

(22) Traditional Foods intended for the Private Market, including maple syrup, salmon, specialty varieties of corn, etc.

(23) Medicinal plant research, development, and sale

(24) Buffalo and other animals raised for food or physiological medicine