Title 4.1, Agriculture

In this chapter, unless the context otherwise requires: 1. "Agricultural seed" means: a. The seed of cereal, fiber, forage, grass, or oil crops; b. Irish potato seed tubers; c. Lawn seed; d. Any other seed designated by the seed commissioner as agricultural seed; and e. Any mixtu…

1. a. Agricultural seed offered for sale or sold in this state, for planting purposes, must be labeled. b. The requirements of subdivision a extend to agricultural seed used for cover crops. 2. a. If the agricultural seed is offered for sale or sold in a container, the label must…

A label required by section 4.1-53-12 must include: 1. The lot number or other lot identification; 2. a. The state or foreign country in which the seed was grown; or b. A statement indicating that the origin of the seed is unknown; 3. The percentage by weight of all weed seed; 4.…

1. In addition to any other requirements set forth in this chapter, if the seed has been treated, the label must indicate that the treatment has occurred and must include the commonly accepted, coined, chemical, or abbreviated chemical name of the substance used in the treatment.…

In addition to any other label requirements set forth in this chapter, if agricultural seed that is offered for sale or sold is in a container that has been hermetically sealed, the label must so indicate.

1. In addition to any other label requirements set forth in this chapter, the label on each container of barley, canola, dry beans, durum, field peas, flax, oats, soybeans, and wheat seed offered for sale or sold in this state for planting purposes must include: a. The kind of ea…

The seed of barley, canola, dry beans, durum, field peas, flax, oats, soybeans, and wheat may be sold by brand, provided the true variety name or number is clearly stated on the label.

In addition to any other requirements set forth in this chapter, if the agricultural seed is canola, the seed must: 1. Have been certified by the seed commissioner as meeting the standards of this state; or 2. Have been certified by the appropriate agency of another state or coun…

If more than ten percent of the whole consists of an aggregate of agricultural seed components, each present in an amount not exceeding five percent of the whole, the label must include each component in excess of one percent of the whole named together with the percentage by wei…

If agricultural seed is sold in quantities of five pounds [2.26796 kilograms] or less, the container into which the seed is placed is exempt from the labeling requirements of this chapter provided: 1. The container from which the seed is taken is in compliance with the labeling r…

1. Each container of vegetable seed offered for sale or sold in this state, for planting purposes, must be labeled. 2. The label must be plainly printed in English and placed conspicuously on or attached to the container.

The label for vegetable seed packed in units of one pound or less and the label for vegetable seed on prepared mats, tapes, or in preplanted containers must include: 1. The kind and variety of seed; 2. The lot number or other lot identification; 3. The full name and address of th…

If the germination test referenced in section 4.1-53-22 results in a finding that the seed does not meet the standards for germination, as established by the commissioner, the label must include: 1. The percentage of germination, exclusive of hard seed; 2. The percentage of hard …

1. The label for any vegetable seed other than that referenced in section 4.1-53-22 must include: a. The lot number or other lot identification; b. (1) The kind and variety of vegetable seed present in excess of five percent by weight; (2) The percentage by weight of each seed re…

If the vegetable seeds are on a mat, on tape, or in some other germination medium, and the quantity of seed cannot be readily determined, the label must include the minimum number of seeds per definable unit.

1. In addition to any other requirements set forth in this chapter, if the vegetable seed has been treated, the label must indicate that the treatment has occurred and must include the commonly accepted, coined, chemical, or abbreviated chemical name of any substance used in the …

In addition to any other label requirements set forth in this chapter, if vegetable seed that is offered for sale or sold is in a container that has been hermetically sealed, the label must so indicate.

1. Each container of flower seed offered for sale or sold in this state, for planting purposes, must be labeled. 2. The label must be plainly printed in English and conspicuously placed on or attached to the container.

1. The label for flower seed must include: a. (1) The kind and variety; or (2) The information required by rule with respect to type and performance characteristics; b. (1) The month and year in which the seed was tested; or (2) The year for which the seed was packaged; and c. Th…

If the flower seeds are on a mat, on tape, or in some other germination medium and the quantity of seed cannot be readily determined, the label must include the minimum number of seeds per definable unit.

1. In addition to any other requirements set forth in this chapter, if the flower seed has been treated, the label must indicate that the treatment has occurred and must include the commonly accepted, coined, chemical, or abbreviated chemical name of the substance used in the tre…

1. a. Each container of tree seed or shrub seed offered for sale or sold in this state, for planting purposes, must be labeled. b. The label must be plainly printed in English and conspicuously placed on or attached to the container. 2. If seed is supplied in fulfillment of a con…

A label required by this section must include: 1. The common name of the tree or shrub species and, if appropriate, the name of the subspecies; 2. The scientific name of the genus, the species, and, if appropriate, the name of the subspecies; 3. The lot number or other lot identi…

In addition to any other label requirements set forth in section 4.1-53-33, the label of tree seed or shrub seed must identify the location from which the seeds were collected by: 1. Latitude and longitude; or 2. County or township.

1. If the tree seed or shrub seed belongs to a species for which standard germination testing procedures are prescribed by the association of official seed analysts, the label must include: a. (1) The percentage of germination, exclusive of hard seed; (2) The percentage of hard s…

1. In addition to any other requirements set forth in this chapter, if the tree seed or shrub seed has been treated, the label must indicate that the treatment has occurred and must include the commonly accepted, coined, chemical, or abbreviated chemical name of any substance use…

1. To determine correctness and accuracy in labeling seed as required by this chapter, the seed commissioner shall: a. Apply the tolerances established by the Federal Seed Act of August 9, 1939 [53 Stat. 1275; 7 U.S.C. 1551 et seq.], as amended through August 6, 2020; or b. Estab…

1. Before a resident or nonresident person in this state may label or sell agricultural, vegetable, flower, or tree or shrub seed and before a person may label agricultural, vegetable, flower, or tree or shrub seed for delivery into this state, the person shall obtain a seed sale…

A labeler shall: 1. Retain a record of each lot of seed handled for three years after final disposition of the lot; 2. Retain a file sample of each lot of seed handled for one year after final disposition of the lot; and 3. Make the records and file samples required by this secti…

The purchaser, vendor, or any other person receiving seed shipped into this state must have the seed labeled: 1. In accordance with this chapter; or 2. If permitted by the seed commissioner, in accordance with requirements applicable in other jurisdictions.

1. The seed commissioner shall establish a seed certification system for this state. 2. The seed certification system must include standards of quality for any lot or stock of seed that may be or may become eligible for field inspection or for final certification. 3. The seed com…

1. Any person may submit kinds, varieties, selections, and names of seed stock and request that the seed commissioner consider the submission for certification. 2. To pursue certification, a person shall provide to the seed commissioner: a. The name of the variety; b. A statement…

The seed commissioner shall prescribe the labels, seals, certificates, and statements that must be used for, or in relation to, any seed, or the various kinds and qualities grown, handled, stored, offered for sale, or sold in this state as "breeders", "foundation", "registered", …

A person may not use the terms "breeders", "foundation", "registered", or "certified", and may not use substantially equivalent terms, in the labeling or in the advertising, characterization, or representation of seed that is offered for sale or sold in this state, unless authori…

The seed commissioner may establish standards for: 1. Seed conditioning facilities and any other facilities that handle seed eligible for certification; and 2. Facilities that handle and market "breeders", "foundation", "registered", or "certified" seed.

The seed commissioner may participate with any public or private entity in the selection, testing, and production of seed for certification purposes and in efforts to increase foundation seed stocks suitable for the production of certified seed.

1. If a certificate of plant variety protection issued under the Plant Variety Protection Act [7 U.S.C. 2121 et seq.], as amended through July 31, 2022, specifies that the variety may be sold only as a class of certified seed, that seed must be certified by an official seed-certi…

1. The seed commissioner may inspect and analyze seed or crops grown, sold, or otherwise present in this state to determine and verify the genetic traits of the seed or the crops. 2. For purposes of conducting the inspection, analysis, or verification, the seed commissioner may: …

The seed commissioner may establish programs and procedures to provide producers with customized verification and certification services pertaining to identity-preserved seed and crops.

A person may not offer for sale or sell any seed that: 1. Is not labeled in accordance with the requirements of this chapter; 2. Is labeled with information the person knows is false or misleading; 3. Is designated, represented, or advertised as having a variety name other than t…

1. a. Except as provided in subsection 4, a person may not offer for sale or sell any agricultural seed unless: (1) The seed has been tested to determine the percentage of germination; and (2) The period of time between the first day of the month following that in which the germi…

A person may not: 1. Detach, alter, deface, or destroy any label provided for in this chapter; 2. Alter or substitute seed with the intent to defeat the purpose of this chapter; 3. Engage in false or misleading advertising regarding seeds; 4. Use the name of the seed department o…

1. The seed commissioner may issue a written stop-sale order to the owner or custodian of any lot of seed that the seed commissioner finds to be in violation of this chapter. 2. The seed commissioner may attach terms and conditions that must be fulfilled before the order will be …

1. If the seed commissioner determines that any lot of seed is not in compliance with this chapter, the seed commissioner may petition a court of competent jurisdiction for seizure of the seed. If the court orders the condemnation of the seed, it must be denatured, processed, des…

1. Any person willfully violating this chapter or the rules implementing this chapter is guilty of a class A misdemeanor. 2. When construing and enforcing this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person must …

If the seed commissioner signs a document relating to the findings and determinations made in a laboratory by seed department personnel, a court shall accept the document as prima facie evidence of the statements contained in the document. The seed commissioner is subject to cour…

A warranty of any kind, either expressed or implied, including a warranty of merchantability, fitness for a particular purpose, varietal identity, or absence of disease, is not made by the seed commission, the seed department, the seed commissioner, or certified or noncertified s…

The following records of the seed department are exempt from section 44-04-18: 1. Records of any plant or seed analysis, testing, and variety or disease determination conducted by the seed department on a fee-for-service basis for private persons; and 2. Information that is recei…

This chapter does not apply to: 1. Seed that is not intended for planting purposes; and 2. Seed grown by a producer and sold by that producer without advertising and without using a third party as an agent or broker to effect the sale, provided this exemption is not applicable if…