North Dakota Administrative Code

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…

Interagency certification is a procedure established to maintain certification eligibility of seed originating in another state. 1. Field inspected in another state and transferred to North Dakota for final certification. 12 a. North Dakota labelers may purchase seed that passed …

Field seeds certified in accordance with this chapter have been field inspected and laboratory tested as specified in this chapter. The state seed department and inspection services function and serve only in an official regulatory manner and do not relieve the grower or owner of…

A crop of small grain will not be eligible for certification if planted on land on which the same kind was grown the year previous unless the previous crop was the same variety and was inspected for certification. A crop of winter wheat may be planted on a field that previously p…

All field inspection of small grain will be made after the crop is fully headed. A field harvested before inspection will not be eligible for certification. History: Amended effective January 2, 2006; July 1, 2018. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10…

1. Isolation. a. Prior to inspection, the field must be isolated from inseparable crops by a fence row, natural boundary, or by a strip at least five feet [1.52 meters] wide which is either mowed, sprayed, or uncropped. b. All rye fields producing certified seed must be isolated …

Seed count required. Variety identification test required for hard red spring wheat and barley. Standards for Each Class Factor Foundation Registered Certified Pure seed (minimum) * 99.0 percent 99.0 percent 99.0 percent Total weed seeds (maximum) 2 per pound 5 per pound 10 per p…

Repealed effective July 1, 2018. 2

The following field requirements may be modified when the reproduction of a strain or strains, entering into a specific variety, are under the supervision of an experiment station or seed certification agency. 1. A field, to be eligible for the production of foundation seed, must…

Field inspection will be made each year a seed crop is harvested. Two field inspections shall be performed. The first inspection shall be performed in the spring at a time when prohibited weeds can be observed. The second shall be performed after the crop is fully headed and befo…

1. A portion of the field may be accepted for certification if the boundary is well defined. 2. Fields should be rogued before blooming and before inspection is made to remove other species, off-type plants, and weeds, the seeds of which are difficult to separate in cleaning. 3. …

Other Varieties (Maximum) Foundation 0.1% Registered 1.0% Certified 1.0% Minimum Maximum Percent Percent Percent Objectionable of Pure Percent Percent Other Weed Weed Seeds 2 Type of Seed Germination Other Grass Percent Seed1 Per Pound Species Reproduction F&R C F&R C Crop F&R C …

A crop of buckwheat will not be eligible for certification if planted on land on which the same kind was grown the year previous unless the previous crop was of the same variety and was inspected for certification. History: Effective May 1, 1986; amended effective July 1, 2010; O…

All field inspection of buckwheat will be made in the bloom stage. A field harvested before inspection will not be eligible for certification. History: Effective May 1, 1986; amended effective January 2, 2006; October 1, 2012. General Authority: NDCC 4.1-52-10 Law Implemented: ND…

1. Isolation. a. Prior to inspection, the field must be isolated from inseparable crops by a fence row, natural boundary, or by a strip at least five feet [1.52 meters] wide which is either mowed, sprayed, or uncropped. b. All buckwheat fields producing certified seed must be iso…

Standards for Each Class Factor Foundation Registered Certified Pure seed (minimum) 99.0 percent 99.0 percent 99.0 percent Total weed seeds (maximum) 2 per pound 5 per pound 10 per pound Other varieties * 1 per 2 pounds 1 per pound 3 per pound Other crop seeds (maximum) 1 per 2 p…

A millet crop shall be planted on land on which the last crop grown was of another kind or was planted with the same variety and inspected for certification. History: Amended effective May 1, 1986; July 1, 2010; October 1, 2012. General Authority: NDCC 4.1-52-10 Law Implemented: …

Fields shall be inspected before harvest or when the seed begins to take on color. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10, 4.1-53-42

1. Isolation. Prior to inspection, a field must be isolated from inseparable crops by a fence row, natural boundary, or by a strip at least five feet [1.52 meters] wide which is either mowed, sprayed, or uncropped. 2. Specific field standards. Factor Foundation Registered Certifi…

Standards for Each Class Factor Foundation Registered Certified Pure seed (minimum) 99.0 percent 99.0 percent 98.0 percent Total weed seeds (maximum) .01 percent .01 percent .04 percent 1 Total other crop seeds (maximum) .01 percent .01 percent .04 percent Other varieties (maximu…

Foundation seed of mustard, crambe, canola, and rape shall be on land which did not produce mustard, crambe, canola, or rape during the previous four years. Certified seed of mustard, crambe, canola, and rape shall be on land which did not produce mustard, crambe, canola, or rape…

Field inspection shall be made after the crop reaches the bloom stage (at least fifty percent of the plants showing one or more blossoms). History: Amended effective May 1, 1986. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10, 4.1-53-42

1. General. a. Isolation. A field producing any class of certified seed must have the minimum isolation distance from fields of any other variety of the same kind, or from a noncertified crop of the same variety as follows: (1) Producing foundation seed (a) Crambe - Six hundred s…

Registered Factor Foundation Crambe Only Certified Pure seed (minimum) 99.00 percent 99.00 percent 99.00 percent Inert matter (maximum) 1.00 percent 1.00 percent 1.00 percent Prohibited noxious weed seeds + none none none Objectionable weed seeds * 1 per pound 3 per pound 5 per p…

Crops for production of foundation seed must not be planted on land that has grown canola, rapeseed, mustard, or oilseed radish during the preceding five years. Crops for production of certified seed must not be planted on land that has grown canola, rapeseed, mustard, or oilseed…

Only the certified class is recognized in the production of commercial hybrid seed. Breeder or foundation seed must be used to establish all fields of hybrid canola or rapeseed for certification. History: Effective October 1, 2012. General Authority: NDCC 4.1-52-10 Law Implemente…

Field inspection shall be made when the seed parent is in early bloom. Additional inspections may be required. History: Effective October 1, 2012. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10, 4.1-53-42

1. General. a. Isolation. A field producing foundation or certified seed must be isolated by a minimum of 2,640 feet from any other canola or rapeseed. b. Unit of certification. The entire field is the unit of certification. A portion of a field may be accepted for certification …

Registered Factor Foundation Crambe Only Certified Pure seed (minimum)+ 99.00 percent 99.00 percent 99.00 percent Inert matter (maximum) 1.00 percent 1.00 percent 1.00 percent Prohibited noxious weed seeds * none none none Objectionable weed seeds ** 1 per pound 3 per pound 5 per…

Safflower will not be considered for certification if planted on land where safflower has been grown the past two years. It is recommended that the crop be planted on summerfallow or on land immediately following a separable crop. History: Amended effective May 1, 1988. General A…

Field inspection shall be made after the crop reaches the bloom stage (at least fifty percent of the plants showing one or more blossoms). History: Amended effective May 1, 1986. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10, 4.1-53-42

1. Isolation. Fields of safflower planted to produce the registered or certified class of seed shall be at least one thousand three hundred twenty feet [402.34 meters] from any other variety or noncertified field of safflower. When certified classes of seed of the same variety ar…

Factor Foundation Registered Certified Pure seed (minimum) 98.0 percent 98.0 percent 98.0 percent Inert matter (maximum) 2.0 percent 2.0 percent 2.0 percent Other crops or varieties (maximum) 1 per 2 pounds 1 per pound 3 per pound Weed seeds (maximum) 2 per pound 5 per pound 10 p…

A crop will not be eligible for certification if planted on land where sunflowers were grown during the previous year. History: Amended effective May 1, 1986. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10, 4.1-53-42

1. Open pollinated production. a. The first inspection shall be made prior to the bloom stage. b. The second inspection shall be made after the crop is at least fifty percent in bloom and before it is fully matured. 2. Hybrid and inbred production. a. At least three field inspect…

Factor Hybrid Production Open Pollinated Varieties A, B, or R Seed Parent Pollen Parent Pollen shedding female plants (Maximum) 1:1,000* 5:1,000 Branched wild-types 1:1,000 1:1,000 1:1,000 Purple plants ** 1:1,000 1:1,000 1:1,000 White seeded plants 1:1,000 1:1,000 1:1,000 Total …

Repealed effective May 1, 1988.

If field inspection shows one or more of the following, the applicant may request that seed certification be based on the results of a precertification grow-out test approved by the North Dakota state seed department. 1. Inadequate isolation. 2. Too few male parent plants sheddin…

Repealed effective May 1, 1988.

Standards for Each Class Factor Foundation Registered Certified Pure seed (minimum) 98.0 percent 98.0 percent 98.0 percent Total weed seeds (maximum) none none 3 per pound Other varieties (maximum) * 1 per pound 1 per pound 5 per pound Other crop seeds (maximum) 1 per pound 1 per…

In soybeans, chickpeas, and lentils, a crop will not be considered for certification if planted on land which produced the same kind the previous year unless the previous crop was the same variety and was inspected for certification. In soybeans and chickpeas, a crop will not be …

Field inspection shall be made on soybeans prior to harvest when the crop is approaching maturity preferably after the leaves have dropped or at a time when varietal purity can be determined. Field inspection on chickpeas or lentils shall be made prior to harvest when the crop is…

1. Isolation. Prior to inspection, a field must be isolated from inseparable crops by a fence row, natural boundary, or by a strip at least five feet [1.52 meters] wide which is either mowed, sprayed, or uncropped. 2. Specific field standards. Maximum Tolerance Factor Foundation …

Seed count required on soybeans, chickpeas, and lentils. Standard for Each Class Factor Foundation Registered Certified Pure seed (minimum) 98.0 percent 98.0 percent 98.0 percent Total weed seeds (maximum) none 1 per pound 2 per pound Other varieties (maximum) * 0.1 percent 0.2 p…

A crop of field peas will not be considered for certification if planted on land which produced the same kind the previous year unless the previous crop was the same variety and was inspected for certification. A crop will not be considered eligible for certification if planted o…