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North Dakota Statutes, Title 4.1

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Title 4.1, Agriculture

66 chapters · 881 sections in this title.

All chapters in Title 4.1881 Ch 4.1-25, Dairy Product Regulation53 Ch 4.1-20, Soil Conservation49 Ch 4.1-53, Seeds49 Ch 4.1-01, Agriculture Commissioner34 Ch 4.1-47, Noxious Weed Control34 Ch 4.1-83, Livestock Dealers30 Ch 4.1-73, Branding Livestock29 Ch 4.1-31, Meat Inspection28 Ch 4.1-33, Pesticide Control27 Ch 4.1-13, Wheat Commission26 Ch 4.1-09, Oilseed Council24 Ch 4.1-45, State Fair Association24 Ch 4.1-27, Livestock Auction Markets23 Ch 4.1-02, Barley Council21

17 sections·Filtered byTitle 4.1✕Ch 4.1-55✕

N.D.C.C. § 4.1-55-01 Definitions
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In this chapter, unless the context otherwise requires: 1. "Certification" means a process that includes the random inspection of potato plants growing in the field, the random inspection of seed potatoes after they have been harvested, and a determination that the seed potatoes …
N.D.C.C. § 4.1-55-02 Seed commissioner - Duties
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The seed commissioner shall: 1. Establish a system for the certification of seed potatoes; and 2. Provide for grade inspections of commercial potatoes in accordance with standards established by the United States department of agriculture or by contract.
N.D.C.C. § 4.1-55-03 Seed potato grades
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1. Seed potatoes may be graded: a. (1) U.S. No. 1 seed potatoes; (2) U.S. No. 2 seed potatoes; or (3) North Dakota Certified Seed; or b. As otherwise designated by the seed commissioner. 2. The U.S. grades must meet all of the requirements and standards established by the United …
N.D.C.C. § 4.1-55-04 Label requirements
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1. a. Except as otherwise provided in this subsection, every container of seed potatoes must be labeled if the potatoes: (1) Were grown in this state; (2) Are transported or shipped into this state; or (3) Are offered for sale or consignment in this state. b. Subdivision a does n…

N.D.C.C. § 4.1-55-05 Seed potatoes - Certification - Exception

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1. a. A person may not plant seed potatoes unless the seed potatoes: (1) Have been certified by the seed commissioner as meeting the standards of this state; (2) Have been certified by another state or province having seed potato standards that are determined by the seed commissi…

N.D.C.C. § 4.1-55-06 Records

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Any producer that plants more than one acre [.405 hectare] of seed potatoes shall maintain records indicating the acreage [hectarage], varieties, and source of all seed potatoes planted. The producer shall retain the records for a period of two years from the completion of planti…

N.D.C.C. § 4.1-55-07 Imported seed potatoes - Certification requirement

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All seed potatoes brought into this state must be accompanied by: 1. A grade certificate; 2. A health certificate indicating that the seed potatoes were field inspected by an official certifying agency and meet standards that are determined by the seed commissioner to be similar …

N.D.C.C. § 4.1-55-08 Exported seed potatoes - Certification requirement

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All seed potatoes leaving this state must be accompanied by: 1. A grade certificate; and 2. If required by the receiving jurisdiction, a health certificate.

N.D.C.C. § 4.1-55-09 Official inspection locations - Designation

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1. The seed commissioner shall designate the locations at which potato shipment inspections are conducted. In determining the locations, the seed commissioner shall consider the volume of shipments requiring inspection and the expense of maintaining the locations. 2. Upon request…

N.D.C.C. § 4.1-55-10 Potatoes shipped into state - Labeling requirement - Exception

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If seed potatoes are shipped into this state, the person receiving the potatoes shall ensure that the potatoes are labeled: 1. In the same manner as required for potatoes grown in this state; or 2. In accordance with the requirements of the state, territory, or country of origin,…

N.D.C.C. § 4.1-55-11 Grade inspection certificate - Prima facie evidence

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A grade inspection certificate issued by the seed commissioner is prima facie evidence that the seed potatoes described in the certificate were of the grade, quality, and condition indicated on the certificate at the time of inspection.

N.D.C.C. § 4.1-55-12 Liability - Potato crop quantity and quality

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

N.D.C.C. § 4.1-55-13 Plant and seed records - Exempt

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The following records of the seed commission are exempt from section 44-04-18: 1. Records of any plant or seed inspection, analysis, or testing and germination, purity, variety, or disease determinations conducted by the seed department on a fee-for-service basis for nonpublic en…

N.D.C.C. § 4.1-55-14 Prohibitions

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1. A person may not offer for sale, sell, transport, or ship any seed potatoes that: a. Are not labeled in accordance with this chapter; or b. Are labeled with information the person knows is false or misleading. 2. A person that sells seed may not alter the label or a grade insp…

N.D.C.C. § 4.1-55-15 Seizure of seed potatoes - Liability

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1. The seed commissioner may seize any seed potatoes, if the seed commissioner believes that the seed potatoes are mislabeled. 2. The seed commissioner may hold any seed potatoes seized under this section until they are: a. Graded or reconditioned to meet the claims on their labe…

N.D.C.C. § 4.1-55-16 Enforcement - Hearing

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1. If the seed commissioner believes that a violation of this chapter or the rules implementing this chapter may have occurred, the seed commissioner may hold a hearing. 2. If based on the testimony and evidence presented at the hearing the seed commissioner determines that a vio…

N.D.C.C. § 4.1-55-17 Penalties

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1. Any person willfully violating this chapter is guilty of a class A misdemeanor. 2. Any person willfully violating this chapter is subject to a civil penalty in an amount not exceeding ten thousand dollars for each violation. The civil penalty may be imposed by the seed commiss…