North Dakota Administrative Code

A crop will not be eligible for certification if planted on land that was in any class of dry field beans or green beans the preceding two years or soybeans the preceding year. History: Amended effective May 1, 1986; July 1, 2010; October 1, 2012. General Authority: NDCC 4.1-52-1…

Two field inspections shall be made. The first when approximately seventy-five percent of the plants are flowering. The second when approximately seventy-five percent of the pods are showing maturity. History: Amended effective May 1, 1986. General Authority: NDCC 4.1-52-10 Law I…

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

Seed count required on dry field beans. Standards for Each Class Factor Foundation Registered Certified Pure seed (minimum) 98.5 percent 98.5 percent 98.5 percent Inert matter (maximum)* 1.5 percent 1.5 percent 1.5 percent Total weed seeds (maximum) none none 2 per pound Other va…

The following genetic standards are applicable for the production of parental lines and hybrids of wheat and rye produced by commingling a cytoplasmic male-sterile seed parent and a fertility restorer line. 1. Eligibility requirements for varieties. Standards applicable to wheat …

1. Maintainer and restorer lines are not eligible for foundation class if planted on land on which the same kind was grown the previous two years unless the previous crop was the same variety and was inspected for certification. 2. Seed parents are not eligible for certification …

Fields for the production of parental lines utilized in hybrid wheat and hybrid rye production must be inspected as follows. Roguing to remove undesirable plants must be done prior to field inspection. Rogued plants must be removed from the field. 1. AxB production. Seed parents …

1. Isolation. a. Seed parent increases (AxB). Fields or parts of fields acceptable for production of seed parents to be used for the production of commercial hybrid seed must be so located that the seed parent is not less than two thousand six hundred forty feet [804.67 meters] f…

A variety identification test is required for A-, B-, and R-lines of wheat. A hybridity test is required on hybrid seed. A seed count is required on all hybrids. Standards for Each Class A-, B-, and R-Lines Commercial Hybrid Factor Foundation Certified Pure seed (minimum) * 99.0 …

The following genetic standards are applicable for the production of parental lines and hybrids of wheat produced in alternating strips of cytoplasmic male-sterile seed parent and a fertility restorer line. 1. Eligibility requirements for varieties. Standards applicable to wheat …

1. Maintainer and restorer lines are not eligible for foundation class if planted on land on which the same kind was grown the previous two years unless the previous crop was the same variety and was inspected for certification. 2. Seed parents are not eligible for certification …

Fields for the production of parental lines utilized in hybrid wheat production must be inspected as follows. Roguing to remove undesirable plants must be done before field inspection. Rogued plants must be removed from the field. 1. AxB production. Seed parents must be inspected…

1. Isolation. a. Seed parent increases (AxB). Fields or parts of fields acceptable for production of seed parents to be used for the production of commercial hybrid seed must be so located that the seed parent is not less than two thousand six hundred forty feet [804.67 meters] f…

A variety identification test is required for A-, B-, and R-lines of wheat. A seed count is required on all hybrids. Standards for Each Class A-, B-, and R-Lines Commercial Hybrid Factor Foundation Certified Pure seed (minimum) 99.0 percent 99.0 percent Total weed seeds (maximum)…

A crop of flax is not 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. History: Effective July 1, 2018. General Authority: NDCC 4.1-52-10 Law Impleme…

All field inspection of flax must be made after the crop is in bloom stage. A field harvested before inspection is not eligible for certification. History: Effective July 1, 2018. General Authority: NDCC 4.1-52-10 Law Implemented: NDCC 4.1-52-10, 4.1-53-42

1. Isolation. 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. 2. Specific field standards (flax). Maximum Tolerance Factor Fo…

Standards for Each Class 1 Factor Foundation Registered Certified Pure seed (minimum) 99.0 percent 99.0 percent 98.5 percent Total weed seeds (maximum) 15 per pound 15 per pound 30 per pound Other varieties (maximum) * Brown 2 per pound 8 per pound 16 per pound Yellow 4 per pound…

All production of hemp, as defined in North Dakota Century Code section 4.1-18.1-01 is subject to license application approval that may be required by regulatory authorities. Only growers who possess a current license with the North Dakota department of agriculture are eligible t…

A crop of foundation or registered class hemp is not eligible for certification if planted on land on which the same kind of crop was grown the previous three years unless the previous crop was the same variety and passed field inspection for certification. A crop for certified c…

It is the grower's responsibility to ensure fields are inspected prior to harvesting. A field harvested before inspection is not eligible for certification. All fields must be inspected at least once before harvest at a stage of growth when varietal purity is best determined. One…

1. Isolation. a. Prior to flowering and inspection, the field must be isolated from fields of any other variety or fields of the same variety not meeting genetic purity requirements for certification. 1 b. The minimum isolation distances required between inspected hemp and other …

Standards for Each Class Factor Foundation Registered Certified Pure seed (minimum) 98.0 percent 98.0 percent 98.0 percent Total weed seeds (maximum) 0.10 percent 0.10 percent 0.10 percent Other varieties 0.005 percent 0.01 percent 0.05 percent Other crop seeds (maximum) 0.01 per…

A crop of faba bean is not 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. History: Effective July 1, 2020. General Authority: NDCC 4.1-52-10 Law Im…

Field inspection must be made when the crop is flowering. History: Effective July 1, 2020. 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 of at least five feet [1.52 meters] wide which is either mowed, sprayed, or uncropped. A field must be isolated at least thirty feet [10 meters] from…

A seed count is required. Standards for Each Class 1 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* 1 per 2 pounds 1 per pound 2 per pound Other crop seeds …

As used in this chapter: 1. "Basic seed" means seed potatoes produced by means of meristem, stem cutting, or other techniques for increase by certified growers. 2. "Certification" is strictly limited to the act of endorsing that the potatoes have met the standards or requirements…

1. Participation and responsibility. 2 a. Participation in this seed potato program is voluntary and may be withdrawn prior to the first inspection. b. Responsibilities. (1) Seed department responsibilities. The inspections, approvals, certification, and production of these rules…

Seed potatoes certified in accordance with this chapter have been field and grade inspected as specified in this chapter. The state seed department and the inspection service function and serve only in an official regulatory manner and do not relieve the grower or owner of the gr…

1. Application for field inspection must be received in the state seed department, 1313 18th Street North, P.O. Box 5257, Fargo, North Dakota, not later than June fifteenth. There is a five dollar per acre [.40 hectare] cash penalty for later applications. 2. At least one-half th…

1. All potato fields on the farm or in the farming operation must be eligible and entered for certification. A farming operation means any combination of operators in a farm partnership, and all potato fields in the farming operation whether actually grown by the applicant or und…

1. North Dakota seed stocks. a. Seed lots of North Dakota origin to be eligible will have been grown under the seed certification program in the previous season passing field inspection and the winter test. b. Seed stocks not having a winter test may be accepted on an observation…

1. All seed potatoes must be limited to seven years of reproduction in the field. Seed lots may be reproduced beyond this limit with prior approval of the state seed department providing the seed lot has been winter tested and eligible for recertification. 2. Prenuclear seed stoc…

1. Each seed potato field will be visually inspected based on sample inspection. The method of inspection and sample size will be at the discretion of the state seed department but a minimum of one hundred plants per acre [.40 hectare] will be inspected. For varieties that do not…

1. All foundation and basic seed potato fields must be randomly sampled and tested if the grower intends to plant the same seed lot or sell to growers who intend to enter the lot for certification the following year. Only seed lots with three-tenths of one percent total serious v…

1. A storage to be eligible must have been cleaned and disinfected prior to harvest. Storages not previously used for certified seed must be inspected by the state seed department. 2. Seed potatoes to be eligible for final certification must be stored in a warehouse containing on…

Final grade determination shall be made based on physical defects, size, shape, and cleanliness. The potatoes will be packed in new sacks, totes, or clean, disinfected containers identified by labels as to variety, crop year, and grower and accompanied by an official state or fed…

Repealed effective January 1, 2005.

This chapter does not apply to any person who grows or produces one's own potatoes for one's own account, nor to any person who makes purchase of potatoes for the purpose of retail sale in less than standard freight carload lots and in one's local trade. General Authority: NDCC 2…

Repealed effective January 1, 2005.

The annual license fee is two hundred dollars. All licenses expire on June thirtieth. History: Effective July 1, 2007. General Authority: NDCC 28-32 Law Implemented: NDCC 4.1-57-06

Repealed effective January 1, 2005.

A licensed dealer shall at all times be responsible for the acts, contracts, or agreements made by the dealer's agent or agents in the purchase or sale of potatoes. 1 General Authority: NDCC 28-32 Law Implemented: NDCC 4.1-57-22…

Whenever potatoes have been sold to any dealer on open account, the buyer shall pay for the potatoes within thirty days from delivery thereof unless an agreement for extension of credit has been made between the seller and the purchaser, or unless prompt cash payment on delivery …

Repealed effective January 1, 2011.

Repealed effective January 1, 2005.