North Dakota Administrative Code

In counties that include tribal reservation land, immediately after the election, the secretary of state shall send to the applicable tribal government by electronic mail the names of all individuals whose marked ballot was set aside because the identification provided did not co…

Small corporate offering registration (SCOR) filings may be used for registration applications and exemption applications for corporations that issue securities exempt from federal registration under rule 504 of regulation D of the securities and exchange commission rules. Form U…

securities. In cooperation with the administrators of the securities laws of other states and with a view toward achieving maximum uniformity of regulations regarding the registration of securities, the filing for approval of the use of an exemption from registration, and the bus…

Repealed as the result of S.L. 1979, ch. 151, § 2.

exchange. Repealed as the result of S.L. 1979, ch. 151, § 2.

Repealed as the result of S.L. 1979, ch. 151, § 2.

the Philadelphia stock exchange. Repealed effective October 20, 2004. 1

Repealed effective October 20, 2004.

Repealed effective October 20, 2004.

Repealed effective January 1, 1998.

Repealed effective October 20, 2004. 1

Repealed effective October 20, 2004.

Repealed effective January 1, 1998. 1

1. Unless otherwise specifically provided in this section or otherwise waived by the commissioner, the following statement shall be set forth in capital letters printed in boldface type on the outside front cover of any prospectus intended for use or delivery in North Dakota: THE…

1. Segregated accounts. Dealers shall at all times keep their customers' securities and funds in trust and segregated from their own securities and funds. 2. Multiple businesses - separate records - commingling assets - division of income and expenses. Dealers engaged in more tha…

1. Examination. An applicant for registration as an investment adviser, including each partner, officer, director, or person occupying a similar position or performing similar functions if the applicant is a form of business association, and each person representing an investment…

Repealed effective October 20, 2004. 2

1. All dealers, salesmen, investment advisers, and investment adviser representatives shall keep and maintain all books and records required to be kept by the securities and exchange commission and the national association of securities dealers. 2. All dealers, salesmen, investme…

Repealed effective October 20, 2004.

The maximum fee to be charged for any investigation, examination, or audit must be the actual amount of the salary or other compensation paid to the persons making the investigation, examination, or audit plus the actual amount of expenses, including meals, lodging, transportatio…

A person who engages in one or more of the following practices has engaged in an "act, practice, or course of business which operates or would operate as a fraud" under North Dakota Century Code section 10-04-15 but acts or practices not described in this rule may also be fraudul…

The purpose of this section is to identify practices in the securities business which are dishonest or unethical. The following must be deemed "dishonest or unethical practices" by any person other than a sales agent, as used in North Dakota Century Code section 10-04-11. This se…

The purpose of this section is to identify practices in the securities industry which are dishonest or unethical. The following must be deemed "dishonest or unethical practices" by an agent, as used in North Dakota Century Code section 10-04-11. This section is not intended to be…

Any offer to sell or sale of a franchise organized and existing under the laws of any state as a nonprofit corporation for the exclusive use and benefit of its own members which satisfies the following conditions is exempt from the registration requirements imposed by North Dakot…

1. History. The state seed department was established by the 1931 legislative assembly. The main office was designated to be at North Dakota state university. Branch offices are maintained in Grafton to more efficiently serve the potato industry with official grade inspection ser…

Repealed effective May 1, 2001.

A container will be considered hermetically sealed if all of the following conditions have been met: 1. The seed was packaged within nine months after harvest. 2. The container used does not allow water vapor penetration through any wall, including the seals, greater than five-hu…

1. Labeling kind and variety or type and performance characteristics of flower seeds. The requirements of North Dakota Century Code section 4.1-53-29 specifying that flower seeds shall be labeled with the name of the kind and variety or a statement of type and performance charact…

The exemptions found in North Dakota Century Code sections 4.1-53-61 and 4.1-53-57 do not apply to a farmer who sells only the farmer's own seed which has been publicly advertised for sale. For the purposes of this section, "publicly advertised for sale" includes advertising in n…

Repealed effective December 18, 1989.

"Pure live seed" means the product of the percentage of germination plus hard seed and the percentage of pure seed divided by one hundred. History: Effective December 18, 1989. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-53-13, 4.1-53-16

Repealed effective January 2, 2006. 6

As used in this article, unless the context or subject matter otherwise requires: 1. "Blend" means seed consisting of more than one variety of a kind, each in excess of five percent by weight of the whole. 2. "Brand" means a word, name, or symbol, number, or design used to identi…

The certification of seed in North Dakota is a function of the state seed department as outlined in North Dakota Century Code chapter 4.1-53. This chapter applies to all crops, except seed potatoes, which are regulated pursuant to North Dakota Century Code chapter 4.1-55 and Admi…

The purpose of seed certification is to maintain and make available to the public high quality seed of crop varieties so produced, handled, and distributed as to ensure proper identity and genetic purity. This rule is exhortatory and does not create a cause of action on account o…

As used in this chapter, "variety" includes hybrids and breeding lines, and selections, clones, or strains of true varieties. 1. Only those varieties that are accepted by the North Dakota state seed department as meriting certification in accordance with the criteria established …

1. Four classes (generations) of seed shall be recognized in seed certification: breeder, foundation, registered, and certified. a. Breeder seed is directly controlled by the originating plant breeder, sponsoring institution or firm, which supplies the source for the initial and …

Any person shall be eligible to produce registered or certified seed providing such seed is produced, handled, and distributed in accordance with article 74-02, applicable certification rules, and all applicable North Dakota seed laws and rules. The state seed commissioner reserv…

1. The seed department shall be supplied with satisfactory evidence of the source and class of seed used to plant each crop considered for certification. 2. Eligible seed stocks include breeder, foundation, registered or, in special cases, approved lots of the certified class. El…

1. A crop will not be eligible for the production of foundation, registered, or certified class seed if planted on land on which the same kind was grown previously for the number of years as 4 stated in the specific crop standards. Exceptions may be made if the previous crop was …

The production unit for certification shall be a field. No field or part of a field will be accepted unless field boundaries are clearly defined and properly isolated according to the specific crop standards. Isolation distances may be extended at the request of the seed commissi…

1. Applications. Applications for field inspection, accompanied by the correct fees, payment of past-due accounts, and proof of seed eligibility, must be received at the state seed department office in Fargo not later than June fifteenth. The penalty fee will apply after that dat…

Charges for fees and services are subject to change. For current fees contact the state seed department. History: Amended effective May 1, 1986; May 1, 1987; May 1, 1988; December 18, 1989; May 1, 2001; September 1, 2002. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.…

1. Identification in storage. Field-inspected seed must be identified at all times. Identification must be traceable to field inspection numbers from the crop year in which the seed was produced. Conditioned seed in storage must be identified by kind, variety, class, and lot numb…

All classes of certified seed, when offered for sale, shall have an official certification label affixed to each container clearly identifying the certification agency, the lot number or other identification, variety name and kind, and class of seed. The responsibility for proper…

Certified tags may be issued before conditioning only if prior approval has been granted by the state seed department. Tags will be preissued only under the following conditions: 1. A representative sample from the conditioned seed lot, along with the grower's declaration, if req…

All carryover seed must be retested for germination before new certified seed labels will be issued by the state seed department. The sample must be obtained from the bulk or bagged product and not from the file sample. Commingling carryover certified seed lots. Carryover seed fr…

It is the responsibility of the applicant to maintain genetic purity and identity at all stages of certification including seeding, harvesting, and storing. The applicant or grower, approved conditioner, and bulk retailer are responsible for maintaining genetic purity and identit…

Any seed grower, conditioner, or retailer found guilty of misusing certification tags, misrepresenting seed, or violating any of the rules governing the growing, conditioning, and marketing of foundation, registered, or certified seed, or guilty of violations of the North Dakota …

Any seed conditioner may be designated as an "approved conditioner" to condition field-inspected seed for final certification if, after inspection, it is the state seed department inspector's opinion that the facility is properly managed and equipped to maintain genetic purity an…