Title 4.1, Agriculture

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…

The seed arbitration board consists of the following members: 1. The agriculture commissioner; 2. The seed commissioner; 3. The director of the North Dakota state university extension service; 4. The director of the North Dakota agricultural experiment station; 5. The chairman of…

The chairman of the seed division of the North Dakota agriculture association and the producer are entitled to receive compensation in the amount of one hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state officials, if the individual i…

The seed arbitration board shall adopt rules of operation and procedure for arbitration hearings, including a formula for reimbursement by the parties of the expenses of the arbitration process.

1. A seed labeler, seed dealer, or seed customer may file with the agriculture commissioner a petition for a hearing to settle a dispute involving a seed transaction. 2. The agriculture commissioner shall forward the petition to the seed arbitration board. 3. The seed arbitration…

Any evidence and testimony presented at a seed arbitration hearing and any findings or recommendations by the seed arbitration board are admissible in any subsequent proceeding.

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 …

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.

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 …

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…

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…

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…

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 …

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.

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…

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,…

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.

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…

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…

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…

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…

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…

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…