N.D. Admin. Code Title 74 — Seed Commission

Article 74-01 General Administration

Chapter 74-01-01 Organization of Commission

N.D. Admin. Code 74-01-01-01 Organization of seed commission

1.History. The state seed department was established by the 1931 legislative assembly. The main office was designated to be at North Dakota state university. Branch offices are maintained in Grafton to more efficiently serve the potato industry with official grade inspection services. The department is governed by the state seed commission.

2.Commission. The state seed commission consists of a representative of the North Dakota crop improvement association, a representative of the North Dakota certified seed potato growers association, a representative of the North Dakota dry edible bean seed growers association, a representative of the North Dakota agricultural association, an elected member of the North Dakota potato council selected by the North Dakota potato council, a representative of the northern plains potato growers association who is a North Dakota resident, a representative of the North Dakota grain dealers association who also operates a state-approved seed conditioning plant, selected by the board of directors of the North Dakota grain dealers association, and the agriculture commissioner or the commissioner's designee, who shall serve as chairman. The director of the experiment station, or the director's designee, of the college of agriculture of the North Dakota state university of agriculture and applied science is a voting member of the commission.

3.Functions. The seed department is designated as the official seed certification agency of the state. The seed department enforces state seed laws, inspects and analyzes seed offered for sale, provides a public laboratory service for examining and analyzing seed and commercially produced crops for planting and consumption purposes, maintains a seed certification system for field seeds and potatoes, inspects and grades potatoes and other produce, regulates wholesale potato dealers, and establishes grade standards and grades commodities not in the federal grain standards. Lists of field-inspected seeds published by the seed department, specifically bulletin nos. 92 and 95, are produced for the express purpose of informing producers of the availability of certified seed grown in North Dakota, and are not intended to induce reliance on the part of producers on the department's inspection, certifications, or any other act or undertaking relating to quantity or quality of the seed or crop produced, fitness, presence or absence of disease, or identity of variety or selection.

4.For the purposes of this section, North Dakota Century Code chapter 4.1-53 and North Dakota Administrative Code article 74-03 generally apply to the certification and conditioning of field seeds; North Dakota Century Code chapter 4.1-53 and North Dakota Administrative Code

article 74-02 to the regulation of field crops and seeds; North Dakota Century Code chapter 4.1-55 and North Dakota Administrative Code article 74-04 to the certification and inspection of potatoes; North Dakota Century Code chapter 4.1-57 and North Dakota Administrative Code article 74-05 to the regulation of wholesale potato dealers; and North Dakota Century Code chapter 4.1-53 and North Dakota Administrative Code article 74-06 to the inspection and grading of crops not in federal grain standards.

5.Seed commissioner. The commission appoints the seed department manager, who is the state seed commissioner.

6.Inquiries. Inquiries regarding the seed department may be addressed to the commissioner:

State Seed Commissioner State Seed Department 1313 18th Street North Fargo, ND 58105

History

• History: Amended effective December 1, 1981; November 1, 1985; October 1, 1989; September 1, 2002; January 2, 2006; July 1, 2010; October 1, 2024.
• General Authority: NDCC 4.1-52-10, 28-32-02.1
• Law Implemented: NDCC 4.1-52-07, 4.1-53-42, 4.1-53-59

Article 74-02 Seed

Chapter 74-02-01 Seed Representation and Labeling

N.D. Admin. Code 74-02-01-01 Seed testing fees - Sample size

Repealed effective May 1, 2001.

N.D. Admin. Code 74-02-01-02 Hermetically sealed containers

A container will be considered hermetically sealed if all of the following conditions have been met:

1.The seed was packaged within nine months after harvest.

2.The container used does not allow water vapor penetration through any wall, including the seals, greater than five-hundredths grams of water per twenty-four hours per one hundred square inches [645.16 square centimeters] of surface at one hundred degrees Fahrenheit [37.78 degrees Celsius] with a relative humidity on one side of ninety percent and on the other side of zero percent. Water vapor penetration shall be measured as: gram water / twenty-four hour / one hundred degrees Fahrenheit / ninety percent relative humidity versus zero percent relative humidity.

3.The seed in the container does not exceed the percentage of moisture, on a wet basis, as listed in section 201-36c-c of the rules and regulations of the Federal Seed Act.

4.The container is conspicuously labeled in not less than nine point type to indicate:

a.That the container is hermetically sealed;

b.That the seed has been preconditioned as to moisture content; and

c.The calendar month and year in which the germination test was completed.

5.The percentage of germination of vegetable seed at the time of packaging was equal to or above the standards in section 201.31 of the rules and regulations of the Federal Seed Act which pertains to germination standards for vegetable seeds.

History

• History: Amended effective January 2, 2006.
• Law Implemented: NDCC 4.1-53-15, 4.1-53-16, 4.1-53-27, 4.1-53-52

N.D. Admin. Code 74-02-01-03 Flower seed labeling requirements

1.Labeling kind and variety or type and performance characteristics of flower seeds. The requirements of North Dakota Century Code section 4.1-53-29 specifying that flower seeds shall be labeled with the name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules and regulations promulgated under North Dakota Century Code section 4.1-53-29 shall be met as follows:

a.For the seeds of plants grown primarily for their blooms:

(1)If the seeds are of a single named variety, the kind and variety shall be stated, for example, "marigold, butterball".

(2)If the seeds are of a single type and color for which there is no specific variety name, the type of plant (if significant), and the type and color of bloom shall be indicated, for example, "scabiosa, tall, large, flowered, double, pink".

(3)If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant (if significant), and the type or types of bloom shall be indicated. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is "marigold, dwarf double French, mixed colors".

(4)If the seeds consist of an assortment or mixture of kinds, it shall be clearly indicated that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example, "cut flower mixture" or "rock garden mixture". Such statements as "wild flower mixture", "general purpose mixture", "wonder mixture", or any other statement which fails to indicate the specific use of the seed shall not be considered as meeting the requirements of this paragraph unless the specific use of the mixture is also stated.

b.For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety shall be stated, or the kind shall be stated together with a descriptive statement concerning the ornamental part of the plant, for example, "ornamental gourds, small fruited, mixed".

2.Kinds of flower seeds subject to germination labeling requirements and germination standards for flower seeds. The kinds of flower seeds listed below are those for which standard testing procedures have been prescribed and which are therefore required to be labeled in accordance with the germination labeling provisions of North Dakota Century Code section 4.1-53-29. The percentage listed opposite each kind is the germination standard for that kind.

For the kinds marked with an asterisk, this percentage is the total of percentage germination and percentage hard seed. For other kinds, it is the percentage germination.

Kind Percent African daisy - dimorphotheca aurantiaca ............. 55 Ageratum - ageratum mexicanum ........................ 60 Alyssum - alyssum compactum, alyssum maritimum, alyssum procumbens, alyssum saxatile ............... 60 Anemone - anemone coronaria, anemone pulsatilla ...... 55 Angel's trumpet - datura arborea ..................... 60 Arabis - arabis alpina ............................... 60 Aster, China - callistephus chinensis except pompon, powderpuff, and princess types ..................... 55 Aster, China - callistephus chinensis, pompon, powderpuff, and princess types ..................... 50 Aubrietia - aubrietia deltoides ...................... 45 Balsam - impatiens balsamina ......................... 70 Calendula - calendula officinalis .................... 65 California poppy - eschscholtzia californica ......... 60 Calliopsis - coreopsis bicolor, coreopsis drummondi, coreopsis elegans .................................. 65 Campanula:

Canterbury bells - campanula medium ................ 60 Cup and saucer bellflower - campanula medium calycanthema ..................................... 60 Carpathian bellflower - campanula carpatica ........ 50 Peach bellflower - campanula persicifolia ............ 50 Candytuft, annual - iberis amara, iberis umbellata.... 65 Candytuft, perennial - ibersis gibraltarica, ibersis sempervirens ............................... 55 Castor bean - ricinus communis ....................... 60 Cathedral bells - cobaea scandens .................... 65 Celosia - celosia argentea ........................... 65 Centaurea: basket flower - centaurea americana, cornflower, centaurea cyanus, Dusty miller - centaurea candidissima, royal centaurea - centaurea imperialis Sweet sultan - centaurea moschata, velvet centaurea centaurea gymnocarpa .............. 60 Chinese forget-me-not - cynoglossum amabile .......... 55 Chrysanthemum, annual - chrysanthemum carinatum, chrysanthemum coronarium, chrysanthemum segetum .... 40 Clarkia - clarkia elegans ............................ 65 Cleome - cleome gigantea ............................. 65 Columbine - aquilegia species ........................ 50 Coral bells - heuchera sanguinea ..................... 55 Coreopsis, perennial - coreopsis lanceolata .......... 40 Cosmos: sensation, mammoth and crested types cosmos bipinnatus: Klondyke type - cosmos sulphureus 65 Dahlia - dahlis species .............................. 55 Delphinium, perennial: belladonna and bellamosum types; cardinal larkspur - delphinium cardinale; chinensis types; Pacific giant, gold medal and other hybrids of delphinium elatum ................. 55 Dianthus:

Carnation - dianthus caryophyllus .................. 60 China pinks - dianthus chinensis, heddewigi, heddensis ............................ 70 Grass pinks - dianthus plumarius ..................... 60 Maiden pinks - dianthus deltoides .................. 60 Sweet william - dianthus barbatus .................. 70 Sweet wivelsfield - dianthus allwoodi .............. 60 Dracaena - dracaena indivisa ......................... 55 English daisy - bellis perennis ...................... 55 Foxglove - digitalis species ......................... 60 Gaillardia, annual - gaillardia pulchella, gaillardia picta; perennial - gaillardia grandiflora ........................................ 45 Geum - geum species .................................. 55 Gilia - gilia species ................................ 65 Godetia - godetia amoena, godetia grandiflora ........ 65 Gourds: yellow flowered - cucurbita pepo; white flowered - lagenaria sisceraria; dishcloth - luffa cylindrica ......................................... 70 Gypsophila: annual baby's breath - gypsophila elegans; perennial baby's breath - gypsophila paniculata, gypsophila pacifica, gypsophila repens ............. 70 Helichrysum - helichrysum monstosum .................. 60 Hollyhock - althea rosea ............................. 65 Ipomoea: cypress vine - ipomoea quamoclit; moonflower - ipomoea noctiflora; morning glories, cardinal climber, hearts and honey vine - ipomoea species ............................. 75 Job's tears - coix lacrymajobi ....................... 70 Kochia - kochia childsi .............................. 55 Larkspur, annual - delphinium ajacis ................. 60 Lantana - lantana camara, lantana hybrida ............ 35 Linaria - linaria species ............................ 65 Lobelia, annual - lobelia erinus ..................... 65 Lunaria, annual - lunaria annua ...................... 65 Lupine - lupinus species ............................. 65 Marigold - tagetes species ........................... 65 Marvel of Peru - mirabilis jalapa .................... 60 Migonette - reseda odorata ........................... 55 Myosotis - myosotis alpestris, myosotis oblongata, myosotis palustris ................................. 50 Nasturtium - tropaeolum species ...................... 60 Nemesia - nemesia species ............................ 65 Nemophila - nemophila insignis ....................... 70 Nicotiana - nicotiana affinis, nicotiana sanderae, nicotiana sylvestris ............................... 65 Nierembergia - nierembergia species .................. 55 Nigella - nigella damascena .......................... 55 Pansy - viola tricolor ............................... 60 Penstemon - penstemon barbatus, penstemon grandiflorus, penstemon laevigatus, penstemon pupescens .......... 60 Petunia - petunia species ............................ 45 Phacelia - phacelia campanularia, phacelia minor, phacelia tanacetifolia ............................. 65 Phlox, annual - phlox drummondi all types and varieties ................................ 55 Physalis - physalis species .......................... 60 Poppy: shirley poppy - papaver rhoeas; Iceland poppy papaver nudicaule; oriental poppy - papaver orientalis; tulip poppy - papaver glaucum .......... 60 Portulaca - portulaca grandiflora .................... 55 Salpiglossis - salpiglossis gloxinaeflora, salpiglossis sinuata ............................... 60 Salvia - scarlet sage - salvia splendens; mealycup sage (blue bedder) - salvia farinacea .............. 50 Saponaria - saponaria ocymoides, saponaria vaccaria ................................. 60 Scabiosa, annual - scabiosa atropurpurea ............. 50 Scabiosa, perennial - scabiosa caucasica ............. 40 Schizanthus - schizanthus species .................... 60 Shasta daisy - chrysanthemum maximum, chrysanthemum leucanthemum ......................... 65 Snapdragon - antirrhinum species ..................... 55 Solanum - solanum species ............................ 60 Stocks: common - mathiola incana; evening scented mathiola bicornis .................................. 65 Sunflower - helianthus species ....................... 65 Sweet pea, annual and perennial other than dwarf bush - lathyrus odoratus, lathyrus latifolius ...... 75 Sweet pea, dwarf bush - lathyrus odoratus ............ 65 Thunbergia - thunbergia alata ........................ 60 Torch flower - tithonia speciosa ..................... 70 Tritoma - kniphofia species .......................... 65 Verbena, annual - verbena hybrida .................... 35 Vinca - vinca rosea .................................. 60 Viola - viola cornuta ................................ 55 Wallflower - cheiranthus allioni ..................... 65 Zinnia (except linearis and creeping) - zinnia augustifolla, zinnia elegans, zinnia grandiflora, zinnia gracillima, zinnia haegeana, zinnia multiflora, zinnia pumila .......................... 65 Zinnia, linearis and creeping - zinnia linearis, sanvitalia procumbens .............................. 50 A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds constituting twenty-five percent or more of the mixture by number is below standard for the kind or kinds involved.

History

• History: Amended effective October 1, 2024.
• Law Implemented: NDCC 4.1-53-28, 4.1-53-29, 4.1-53-30

N.D. Admin. Code 74-02-01-04 Sale and exchange of seed

The exemptions found in North Dakota Century Code sections 4.1-53-61 and 4.1-53-57 do not apply to a farmer who sells only the farmer's own seed which has been publicly advertised for sale. For the purposes of this section, "publicly advertised for sale" includes advertising in newspapers, periodicals, pamphlets, or posters, by radio or television, or in any other media. For the purposes of this

section and North Dakota Century Code sections 4.1-53-61 and 4.1-53-57, "sells only the farmer's own seed" includes any disposition of seed or transaction whereby the farmer sells, exchanges, or trades the farmer's own seed. The exemptions found in North Dakota Century Code sections 4.1-53-61 and 4.1-53-57 also do not apply to any farmer who is engaged in the seed business. For the purposes of this section, "engaged in the seed business" includes the sale of any seed by a person which seed was not grown on that person's own farm, publicly advertising for sale any seed, or making use of any third party as an agent or broker to bring a buyer and seller of seed together for purposes of sale, exchange, or trade.

The exemptions found in North Dakota Century Code sections 4.1-53-61 and 4.1-53-57 do not apply to seed for which a certificate of plant variety protection has been applied for or issued, except regarding the replanting of seed on the farmer's own farm. In the absence of contractual obligations between the variety owner and a first purchaser, a farmer may replant seed varieties protected by plant variety protection for an indeterminate length of time provided the exemptions listed in North Dakota Century Code sections 4.1-53-61 and 4.1-53-57 are complied with in full.

History

• History: Amended effective May 1, 1988; January 2, 2006; October 1, 2024.
• Law Implemented: NDCC 4.1-53-57(4), 4.1-53-61

N.D. Admin. Code 74-02-01-05 Labeling of registered and certified seed brought into North Dakota

Repealed effective December 18, 1989.

N.D. Admin. Code 74-02-01-06 Clarification of pure live seed and how it pertains to germination

"Pure live seed" means the product of the percentage of germination plus hard seed and the percentage of pure seed divided by one hundred.

History

• History: Effective December 18, 1989.
• Law Implemented: NDCC 4.1-53-13, 4.1-53-16

N.D. Admin. Code 74-02-01-07 Rules for affidavit of analysis for bagged agricultural seed

Repealed effective January 2, 2006.

Chapter 74-02-02 Seed Sale [Repealed]

N.D. Admin. Code 74-02-02 Seed Sale [Repealed]

CHAPTER 74-02-02

SEED SALE [Repealed effective July 1, 2022.]

Article 74-03 Seed Certification Standards

Chapter 74-03-00.1 Definitions

N.D. Admin. Code 74-03-00.1 Definitions

ARTICLE 74-03

SEED CERTIFICATION STANDARDS

Chapter 74-03-00.1Definitions 74-03-01General Seed Certification Requirements 74-03-02Specific Crop Requirements - Small Grains and Flax 74-03-03Specific Crop Requirements - Alfalfa (Nonhybrid) 74-03-04Specific Crop Requirements - Birdsfoot Trefoil [Repealed] 74-03-05Specific Crop Requirements - Red Clover [Repealed] 74-03-06Specific Crop Requirements - Sweetclover [Repealed] 74-03-07Specific Crop Requirements - Grasses 74-03-07.1Specific Crop Requirements - Buckwheat 74-03-08Specific Crop Requirements - Millet - Self-Pollinating 74-03-09Specific Crop Requirements - Mustard, Crambe, and Rape (Nonhybrid) 74-03-09.1Specific Crop Requirements - Hybrid Canola and Rapeseed 74-03-10Specific Crop Requirements - Safflower 74-03-11Specific Crop Requirements - Sunflower 74-03-12Specific Crop Requirements - Soybeans, Chickpeas, and Lentils 74-03-12.1Specific Crop Requirements - Field Peas 74-03-13Specific Crop Requirements - Dry Field Beans

CHAPTER 74-03-00.1

DEFINITIONS

Section 74-03-00.1-01Definitions 74-03-00.1-01. Definitions.

As used in this article, unless the context or subject matter otherwise requires:

1."Blend" means seed consisting of more than one variety of a kind, each in excess of five percent by weight of the whole.

2."Brand" means a word, name, or symbol, number, or design used to identify seed of one person to distinguish that seed from seed of another person.

3."Bulk seed" means seed stored in bins and may mean seed stored in containers larger than one hundred sixty pounds [72.72 kilograms].

4."Conditioning" includes all activities performed on seed between harvest and marketing. Other terms associated with conditioning could include cleaning, processing, sizing, grading, storing, seed treating, drying, scarifying, and other operations that may change the purity or germination of the seed.

5."Field inspection" means physical examination or observation of a field by an authorized state seed employee. Inspections, tests, certifications, and other acts are not intended to induce reliance on the seed department's inspections, certifications, or any other action or inaction for any purpose relating to quantity or quality of the seed or crop produced, fitness for purpose, merchantability, absence of disease, or variety or selection identification. Certification means only that the seed crop was randomly inspected and at the time of the inspection the field or seed lot met the rules of the department.

6."Genetic purity" means the application of the appropriate standards for certain phenotypic traits relative to the developer's description of the variety/germplasm. In the context of this publication, "genetic purity" should not be interpreted to imply verification of the genotype or verification of all described traits.

7."Grower" means any person that is complying with all the certification rules and regulations in the production of field-inspected seed.

8."Hybrid" definitions include:

a."Double cross" means the first generation hybrid between two single crosses.

b."Foundation single cross" means a single cross used in the production of a double cross, a three-way cross, or a top cross.

c."Inbred line" means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of backcrossing to a recurrent parent with selection, or its equivalent, for specific characteristics.

d."Open pollination" means pollination that occurs naturally as opposed to controlled pollination, such as by detasseling, cytoplasmic male sterility, self-incompatability, or similar processes.

e."Single cross" means the first generation hybrid between two inbred lines.

f."Three-way cross" means a first generation hybrid between a single cross and an inbred line.

9."Inseparable other crops" means only other crops of similar size, shape, or density which are difficult to remove in the usual methods of cleaning.

10."Kind" means a group of varieties so nearly similar that individual varieties cannot be clearly differentiated except under special conditions.

11."Mixture" means seed consisting of more than one kind, each in excess of five percent by weight of the whole.

12."None" means none found during the normal inspection process (both field and seed standards). None is not a guarantee to mean the lot inspected or analyzed is free of the factor.

13."Other varieties and off-types" means plants or seeds which do not conform to the characteristics of a variety as described by the breeder. They do not include variations which are characteristic of the variety.

14."Variant" means any seed or plant that:

a.Is distinct but occurs naturally within a variety;

b.Is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted; and

c.Was originally a part of the variety as released.

A variant is not an off-type.

15."Varietal identity" means the verification of the identity of a variety, cultivar, or germplasm entity through documentation of the pedigree, i.e., tracing the particular cycle of reproduction back to its origins with the developer, and the application of the developer's variety/germplasm description for certain visible, phenotypic traits in field inspections and laboratory analysis.

16."Variety" means a subdivision of a kind which is distinct, uniform, and stable; "distinct" in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all varieties of public knowledge, "uniform" in the sense that the variations in essential and distinctive characteristics are describable, and "stable" in the sense that the variety will remain unchanged to a reasonable degree of reliability in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories or varieties.

History: Effective May 1, 1986; amended effective September 1, 2002; January 1, 2005; January 2, 2006; July 1, 2007; July 1, 2010.

General Authority: NDCC 4.1-52-10

Law Implemented: NDCC 4.1-53-19, 4.1-53-42, 4.1-53-44

Chapter 74-03-01 General Seed Certification Requirements

N.D. Admin. Code 74-03-01-01 Seed certification in North Dakota

The certification of seed in North Dakota is a function of the state seed department as outlined in North Dakota Century Code chapter 4.1-53. This chapter applies to all crops, except seed potatoes, which are regulated pursuant to North Dakota Century Code chapter 4.1-55 and Administrative Code

article 74-04, grown for the production of all classes of North Dakota certified seed. If a North Dakota crop is accepted for field inspection and certification for which there are no North Dakota field or seed standards, the latest standards published by the association of official seed certifying agencies for that crop will apply.

History

• History: Amended effective January 2, 2006; July 1, 2007; July 1, 2018.

N.D. Admin. Code 74-03-01-02 Purpose of seed certification

The purpose of seed certification is to maintain and make available to the public high quality seed of crop varieties so produced, handled, and distributed as to ensure proper identity and genetic purity.

This rule is exhortatory and does not create a cause of action on account of any failure by the department to correctly identify or certify seed variety or selection.

History

• History: Amended effective July 1, 2007.
• Law Implemented: NDCC 4.1-53-42, 4.1-53-45

N.D. Admin. Code 74-03-01-03 Eligibility requirement for certification of crop varieties

As used in this chapter, "variety" includes hybrids and breeding lines, and selections, clones, or strains of true varieties.

1.Only those varieties that are accepted by the North Dakota state seed department as meriting certification in accordance with the criteria established by the association of official seed certifying agencies shall be eligible for certification. A variety will normally be considered eligible for certification if it has received favorable action by one or more of the following:

a.A national variety review board.

b.The plant variety protection office, including additional information itemized in subdivisions e through i of subsection 2 of section 74-03-01-03, which is required.

c.An official seed certifying agency.

d.The organization for economic cooperation and development (OECD).

In the absence of a national review board, a state or regional variety review committee may determine the eligibility for certification, if operating under similar criteria and approved by the seed commissioner. Contact the state seed commissioner for varieties not covered by one of the above categories on questions regarding eligibility.

2.The following must be made available by the originator, developer, owner, or agent when eligibility for certification is requested by the applicant. After a variety has been released, there is no limitation as to when it may be accepted into certification by AOSCA or its vested member agencies providing that all other provisions of this section are met.

a.The name of the variety. This name must be the established name if the variety has previously been marketed.

b.A statement concerning the variety's origin and the breeding or reproductive stabilization procedures used in its development.

c.A detailed description of the morphological, physiological, and other characteristics of the plants and seed that distinguish it from other varieties.

d.Evidence of performance of the variety, such as comparative yield data, insect and disease resistance, or other factors supporting the identity of the variety.

e.A statement delineating the geographic area of adaptation of the variety.

f.A statement on the plans and procedures for the maintenance of stock seed classes, including the number of generations through which the variety may be multiplied.

g.A description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified.

h.Any additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand, or other factors affecting genetic purity.

(1)Should testing be required to verify the presence of a particular trait by the developer, sponsoring breeder, or originator before final certification, the exact protocols, approved facilities, tolerances, and all other relevant information will be provided to the seed-certifying agency that may retain the results of any test for its records.

(2)Additional certification requirements. Seed may require additional certification requirements that are clearly referenced in the variety description, provided that the following is completed:

(a)Additional certification requirements have been communicated by the sponsoring breeder or originator to all parties involved with regulation and production of the variety; and (b)The sponsoring breeder or originator shall authorize the seed-certifying agency to verify specific characteristics that are referenced in the variety description.

Verification of such characteristics will be completed before a certificate (tag) of final certification is issued by the seed-certifying agency.

i.A sample of seed representative of the variety that will be planted for certified seed production.

3.This rule does not create a mandatory duty or a cause of action on account of the department's recognizing or refusing to recognize a variety as meriting certification.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; July 1, 2007; July 1, 2010; October 1, 2012; July 1, 2022.
• Law Implemented: NDCC 4.1-53-43

N.D. Admin. Code 74-03-01-04 Classes (generation) and sources of certified seed

1.Four classes (generations) of seed shall be recognized in seed certification: breeder, foundation, registered, and certified.

a.Breeder seed is directly controlled by the originating plant breeder, sponsoring institution or firm, which supplies the source for the initial and recurring increase of foundation seed.

b.Foundation seed is the progeny of breeder or foundation seed produced under control of the originator or sponsoring plant breeding institution, or person, or designee thereof. As applied to certified seed, foundation seed is a class of certified seed produced under procedures established by the certifying agency for the purpose of maintaining genetic purity and identity.

c.Registered seed is the progeny of foundation or other approved seed stocks that is so handled as to maintain satisfactory genetic identity and purity and that has been approved and certified by the certifying agency. This class of seed shall be of a quality suitable for the production of certified seed.

d.Certified seed is the progeny of foundation, registered, or other approved seed stocks that is so handled as to maintain satisfactory genetic identity and purity and that has been approved by the state seed department.

2.The number of generations which a variety may be multiplied shall be limited to that specified by the originating breeder or owner of a variety, but shall not exceed two generations beyond foundation seed. The following exceptions to the limitation of generations are allowed with permission from the variety owner and authorization from the state seed department:

a.Unlimited recertification of the certified class may be permitted for crop varieties when foundation seed is not being maintained.

b.The production of an additional generation of the certified class may be permitted on a one-year basis when:

(1)Foundation and registered seed supplies are not adequate to plant the needed certified acreage of the variety; and (2)The additional generation of certified seed produced to meet the emergency is declared ineligible for recertification.

3.Seed that fails to meet the certification standards for reasons other than those affecting genetic purity may be certified and will be labeled as "substandard".

History

• History: Amended effective May 1, 1986; January 2, 2006; July 1, 2010; October 1, 2012.
• Law Implemented: NDCC 4.1-53-42, 4.1-53-44, 4.1-53-45

N.D. Admin. Code 74-03-01-05 Eligibility of growers

Any person shall be eligible to produce registered or certified seed providing such seed is produced, handled, and distributed in accordance with article 74-02, applicable certification rules, and all applicable North Dakota seed laws and rules. The state seed commissioner reserves the right to reject any application for certification or refuse certification on any lot of seed if essential evidence is incomplete, if information given is incorrect, or if circumstances indicate that it would be advisable for the good of the certified seed industry.

History

• History: Amended effective May 1, 1986.
• Law Implemented: NDCC 4.1-53-42, 4.1-53-47

N.D. Admin. Code 74-03-01-06 Seed eligibility

1.The seed department shall be supplied with satisfactory evidence of the source and class of seed used to plant each crop considered for certification.

2.Eligible seed stocks include breeder, foundation, registered or, in special cases, approved lots of the certified class. Eligible seed obtained from another person must be accompanied by the official tag or bulk certificate from an approved certifying agency, which will be the documentation of acceptance required for field inspection.

3.Certified seed growers may plant seed from their own fields if the field passed inspection and if the class of seed is eligible to be certified. The grower must provide sufficient evidence to the department to verify eligibility.

4.Certified seed growers may only plant seed from their own field that failed field inspection previously if the field did not fail due to genetic purity, and the grower is the applicant for field inspection. If the field fails inspection a second time for any reason, that seed shall no longer be eligible for certification.

5.Contract growers may not replant any of the seed produced unless final certification has been completed.

6.Growers should check with the state seed department regarding approved lots of the certified class eligible for recertification.

October 1, 2012; July 1, 2018; July 1, 2022.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; July 1, 2010;
• Law Implemented: NDCC 4.1-53-42, 4.1-53-44, 4.1-53-45

N.D. Admin. Code 74-03-01-07 Field eligibility and requirements

1.A crop will not be eligible for the production of foundation, registered, or certified class seed if planted on land on which the same kind was grown previously for the number of years as stated in the specific crop standards. Exceptions may be made if the previous crop was the same variety and was inspected for certification.

2.A grower may establish field eligibility history for the next production year by planting certified seed on the field in the current year, applying for field inspection, and having the field declared eligible for production of seed of the same variety the next year.

History

• History: Amended effective May 1, 1986; September 1, 2002; July 1, 2010.

N.D. Admin. Code 74-03-01-08 Field management and isolation

The production unit for certification shall be a field. No field or part of a field will be accepted unless field boundaries are clearly defined and properly isolated according to the specific crop standards.

Isolation distances may be extended at the request of the seed commissioner for reasons including the production of transgenic crops or other kinds in proximity to fields being grown for the purpose of seed certification.

When it is necessary to remove a strip to obtain proper isolation, the part of the strip to be removed must be cut into the field to be inspected.

If two classes of the same variety are planted adjacent to one another in the same field, and field inspection has been applied for both, isolation may be accomplished by placing a flag at each end of the field ten feet [3.05 meters] into the higher class of seed, prior to inspection. The flags must be plainly visible at the time of inspection. The grower may harvest that isolated ten-foot [3.05-meter]

section of crop with the lower class of seed.

History

• History: Amended effective September 1, 2002; January 2, 2006; July 1, 2010; October 1, 2012.

N.D. Admin. Code 74-03-01-09 Field inspection

1.Applications. Applications for field inspection, accompanied by the correct fees, payment of past-due accounts, and proof of seed eligibility, must be received at the state seed department office in Fargo not later than June fifteenth. The penalty fee will apply after that date.

Applications for grass seed must be received by May first to avoid late penalty. Applications for millet and buckwheat must be received by July fifteenth to avoid late penalty. Applications for soybeans requiring only a single inspection (preharvest) must be received by August first to avoid late penalty. In case of an emergency or unusual circumstances due to weather or crop conditions, the deadline may be extended at the discretion of the seed commissioner. In such an event, late application penalties may be waived.

2.Information required on application. The application shall be completed by the applicant and returned to the seed department. All questions must be answered completely and correctly.

The location of the farm and field, including the legal description, shall be given clearly so that the inspector will be able to find the farm and field readily without waste of time and extra travel. Farm service agency field maps or equivalent must be provided by the applicant. If the seed is the grower's own seed, sufficient evidence must be provided to the department to verify eligibility. If the seed is purchased, an official certified seed tag or bulk certificates must accompany the application.

3.Roguing and spraying fields. Roguing is essential to maintain the purity of varieties and high standards of certified seed. Roguing fields prior to inspection is recommended to remove undesirable plants from fields. Plants that should be removed include off-type plants, other crop plants, prohibited and restricted noxious weeds, and other impurities which may be growing in the field.

Roguing is usually done by pulling off-types or other crop plants or weeds and removing them from the field. In the case of small grain, roguing should be done after heading as foreign plants are seen most easily at this time. In hybrid seed production, fertile off-types and undesirable plants should be removed before pollen is shed. Sterile off-types may be removed any time prior to the final inspection.

Whenever practical and advisable, seed fields should be sprayed with pesticides according to the manufacturer's label to control pests. Growers must follow posting requirements as specified by state and federal agencies responsible for the regulation and use of pesticides.

4.Weeds and diseases.

a.Prohibited noxious weeds under North Dakota seed laws and rules are leafy spurge, field bindweed (creeping jenny), Canada thistle, perennial sow thistle, Russian knapweed, hoary cress (perennial peppergrass), absinth wormwood, musk thistle, spotted knapweed, yellow starthistle, and Palmer amaranth.

b.Restricted noxious weeds under North Dakota seed laws and rules are dodder species, hedge bindweed (wild morning glory), wild oats, and quackgrass.

c.A field may be rejected if it is the field inspector's opinion that the amount and kind of weeds present make it difficult to conduct the inspection, or the field condition is such that the quality of the cleaned seed may be questionable.

d.Objectionable weed seeds are restricted noxious weeds under North Dakota seed laws and rules and may include some common weeds which cause a specific problem in the conditioning of some individual crops.

e.Diseases not governed by specific crop standards may be cause for rejection if it is the field inspector's opinion that the quality of the cleaned seed may be affected or if results of tests made on the seed indicate a disease condition which will affect the crop produced from such seed.

5.Cancellation of field inspection. An application may be canceled by the applicant before the field inspection is completed. The application fee minus an administrative fee will be refunded to the applicant. The request for cancellation, however, must reach the state seed department before the inspector arrives in the general locality of the field or before inspection has occurred. Refunds will not be made after the field is inspected or because the field has been rejected.

6.Appeal. Reinspection of rejected fields may be considered, provided the application for appeal allows a reasonable amount of time for reinspection prior to harvest. A fee for reinspection may be assessed.

7.The variety name stated on the application will be standard for inspection when entering the field. Absent compelling visual evidence to the contrary, the variety or selection declared by the applicant will be presumed correct if the documentation provided is valid.

January 2, 2006; July 1, 2007; July 1, 2010; October 1, 2012; July 1, 2018; July 1, 2020; July 1, 2022;

October 1, 2024.

History

• History: Amended effective May 1, 1986; May 1, 1988; December 18, 1989; September 1, 2002;
• Law Implemented: NDCC 4.1-53-37, 4.1-53-42, 4.1-53-59

N.D. Admin. Code 74-03-01-10 Fees

Charges for fees and services are subject to change. For current fees contact the state seed department.

History

• History: Amended effective May 1, 1986; May 1, 1987; May 1, 1988; December 18, 1989; May 1, 2001; September 1, 2002.
• Law Implemented: NDCC 4.1-52-10

N.D. Admin. Code 74-03-01-11 Seed conditioning, sampling, and laboratory inspection

1.Identification in storage. Field-inspected seed must be identified at all times. Identification must be traceable to field inspection numbers from the crop year in which the seed was produced. Conditioned seed in storage must be identified by kind, variety, class, and lot number displayed on the bin or storage container.

2.Preconditioned sample testing. To hasten labeling or determine the quality of seed which has passed field inspection prior to conditioning, a representative sample of seed may be submitted to the state seed department for the purpose of germination and disease testing.

The sample should be cleaned on a small mill or hand sieve to approximate as nearly as possible the quality of the entire lot after conditioning.

Results of germination and disease tests conducted on preconditioned samples may be used for final certification purposes. A labeler may request new tests for labeling purposes after the seed lot is conditioned. Fragile crops such as soybeans, field beans, lentils, chickpeas, and field peas must be tested for germination after the final conditioning of the seed lot to assure correctness of label claims. The labeler is responsible in all cases for information stated on seed labels.

3.Conditioning. All field-inspected seed which is to be labeled must be conditioned and must meet the minimum seed standards for the crop and class. Field-inspected seed may be conditioned either by the grower or by an approved seed conditioner.

a.Conditioning by seed grower.

(1)A seed grower does not need an approved conditioning facility permit if the grower conditions the grower's own seed on the grower's premises with the grower's equipment.

(2)The seed grower must complete a sampler's report in its entirety, attach the report to a two-pound [.907-kilogram] sample that is representative of the entire seed lot, and submit to the state seed department for analysis.

b.Conditioning by an approved facility.

(1)To be eligible for final certification, field-inspected seed shall be conditioned by a facility approved by the seed department. Seed conditioned at an unapproved facility will be ineligible for final certification.

(2)If ownership of the seed lot is transferred to a different individual or entity, the grower must complete and sign a grower's declaration. Transfer of ownership of field-inspected seed is limited to an approved conditioner or bulk retailer unless the transfer has been approved by the commissioner.

(3)While conditioning, the seed lot must be sampled at regular intervals by an authorized sampler. The sample and completed sampler's report must be submitted to the state seed department for analysis.

4.Sampling procedures. Representative samples of seed for testing and analysis must be collected during or after conditioning in accordance with sampling procedures outlined in the current association of official seed certifying agencies operational procedures. All seed lots eligible for final certification shall be sampled during conditioning as follows:

a.Portions of conditioned seed may be drawn by hand as seed is conditioned to form a composite, representative sample for a seed lot; or

b.Automatic mechanical devices may be used to continually or intermittently draw representative samples as a seed lot is conditioned.

5.Maximum lot size and numbering.

a.The maximum lot size for bagged seed is five thousand bushels [17619.54 dekaliters] except for small seeded legumes and grasses which is twenty-two thousand five hundred pounds [10000 kilograms]. Bulk seed lots do not have a maximum size limit except bin capacity. Each bin is considered a separate seed lot. For all crops, one sample for each lot is required. The entire lot must be certified at the time final certification is completed.

b.The lot number shall be designated by the labeler. For purposes of easier identification on-site, the labeler should incorporate the storage bin number in the lot number.

6.Commingling (mixing) of inspected seed fields. Seed of the same kind and variety from different fields that pass field inspection may be commingled if the seed is of the same class and general quality. If seed of different classes is commingled, the seed becomes eligible for the lowest class only.

7.The state seed department may resample any lot of seed before final certification or after the seed is labeled.

8.Official samples. At the request of a customer, an official sample may be collected by a representative of the seed department, with expenses incurred by the customer. The seed department shall determine the appropriate collection method and sample size. Sampling bulk seed in bins requires that a minimal amount of seed is withdrawn from the bin. The amount shall be determined by the quantity of seed in the lot, but shall be no less than five percent of the total lot size. Test results from official samples shall supersede all previous test results and shall be final.

9.Laboratory analysis.

a.All laboratory testing shall be done by qualified personnel of the state seed department.

Analysis and tests of seed samples and definition of analysis terms shall be in accordance with the rules of the association of official seed analysts (AOSA). In certain cases when time constraints are critical to the efficient movement of certified seed, the commissioner may accept germination or other test results from an approved laboratory.

b.If more than one sample of seed from the same lot is tested without additional conditioning, an average shall be taken of all purity tests conducted. Results from the most recent germination or disease test shall be used as the final result.

c.Seed from certain classes or kinds, or both, may be subject to variety identification analysis at the discretion of the department, with testing fees payable by the grower or labeler.

September 1, 2002; January 2, 2006; July 1, 2007; July 1, 2010; October 1, 2012; July 1, 2018.; July 1, 2020; July 1, 2022.

History

• History: Amended effective May 1, 1986; May 1, 1988; December 18, 1989; August 1, 1991;
• Law Implemented: NDCC 4.1-53-46

N.D. Admin. Code 74-03-01-12 Labeling

All classes of certified seed, when offered for sale, shall have an official certification label affixed to each container clearly identifying the certification agency, the lot number or other identification, variety name and kind, and class of seed. The responsibility for properly labeling foundation, registered, or certified seed rests with the grower or first distributor.

1.Records. Each person whose name appears on the label and handles seed shall keep for a period of three years complete records of each lot of seed handled. All records pertaining to the lot involved must be accessible for inspection by the commissioner at any time during customary business hours. Records shall include:

a.Quantity of seed grown and conditioned or purchased for bulk sale.

b.Quantity of bulk certified seed sold by variety and lot number.

c.A current inventory of each variety of seed available for sale.

d.Consult Federal Seed Act regulations part 201 for recordkeeping requirements for seed in interstate commerce.

2.Samples. It is the labeler's responsibility to maintain possession of a two-pound [.907-kilogram] sample identified by kind, variety, class, and lot number of each lot of certified seed sold, whether bagged or in bulk, for a period of one year after the final disposition of the seed lot.

3.No person may disclaim responsibility of the vendor of the seed for the data on the label required by law, and any such disclaimer of vendor's express or implied warranty is invalid.

4.Bagged seed.

a.All bagged seed represented or sold as foundation, registered, or certified must be bagged in new bags and the official certification tag properly affixed on the bag.

Certification tags are void if improperly used or not attached to the bag. Containers or tote bags larger than one hundred sixty pounds [72.77 kilograms] may be considered bulk seed.

b.The use of two tags, the official certification tag and a separate analysis tag, on foundation, registered, or certified seed is optional.

c.Certified seed will be considered mislabeled unless the seed analysis is on either the certification tag or on an additional tag or printed on the bag.

d.Certification tags are not valid when they are transferred in any manner other than attached to the eligible seed bag.

5.Bulk seed. In the case of seed sold in bulk, the bulk certified seed certificate takes the place of the certified seed tag. The complete seed analysis will be printed on the certificate.

a.Foundation and registered class seed may be sold in bulk only by the applicant producer, or by an approved conditioner.

b.Certified class seed may be sold in bulk by the applicant producer, an approved conditioner, or an approved bulk retail facility.

c.Approved bulk retail facilities may be allowed to handle bulk registered seed on a case-by-case basis only when authorized by the state seed department. If authorized by the seed department, the bulk retailer must designate which bins will be used for registered seed.

d.Bulk retail seed facilities must be approved annually before certified seed can be handled in bulk. Such facilities may be part of a seed conditioning facility or may be approved only for handling bulk certified seed. Before approval, all procedures for receiving, storing, dispensing, and recordkeeping must be inspected. The applicant must demonstrate acceptable procedures for maintaining purity and identity of bulk certified seed.

e.Offsite bins or satellite bin locations shall be managed in the same manner as those at an approved facility. Bins shall be listed on a separate bin list registered under the name of an approved facility. All satellite locations shall be inspected annually by the seed department.

f.Handling bulk certified seed:

(1)A separate storage bin must be available for each lot that will be sold in bulk. Each bin shall be considered a separate lot of seed and shall be labeled accordingly.

(2)All bins, augers, converyors, and other equipment must be cleaned before storage or handling certified seed.

(3)All hopper bins must be equipped with bottom access ports, inside ladders, or some other means approved by the seed department to facilitate access for cleaning.

(4)All augers used to convey seed must be reversible.

(5)All bins must be clearly and prominently marked to show kind, variety, class, and lot number.

(6)All bin openings must be closed to prevent contamination, except when seed is being put in or removed from the bin, or to allow for aeration.

g.A maximum of two physical transfers are permitted after final certification.

h.It is the seller's responsibility to:

(1)Handle seed in a manner to prevent mixtures and contamination.

(2)Supply seed that is representative of the seed tested and approved for certification.

(3)Ensure all bins, augers, conveyors, and other equipment are adequately cleaned before handling certified seed.

(4)Determine that the vehicle receiving bulk certified seed has been cleaned prior to receiving the seed. If it is not clean, this is to be noted on the bill of sale or transfer certificate.

(5)Provide to the purchaser a bulk certificate for each load of bulk certified seed at the time of delivery.

(6)Ensure that the conditioned lot is not moved from the premises of the approved conditioning facility or labeler's facility until the sample has been tested by the state seed department laboratory and shows that the lot is eligible for certification.

i.It is the buyer's responsibility to:

(1)Obtain a bulk certificate from the seller for each load of bulk certified seed at the time of delivery.

(2)Provide a clean vehicle or container in which to load seed.

(3)Maintain purity of the seed after it has been loaded into the buyer's vehicle.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; July 1, 2007; July 1, 2010; October 1, 2012; July 1, 2020; October 1, 2024.
• Law Implemented: NDCC 4.1-53-12, 4.1-53-13, 4.1-53-39

N.D. Admin. Code 74-03-01-13 Preissued certification tags

Certified tags may be issued before conditioning only if prior approval has been granted by the state seed department. Tags will be preissued only under the following conditions:

1.A representative sample from the conditioned seed lot, along with the grower's declaration, if required, sampler's report, and printed analysis tag must be submitted immediately after the lot is conditioned.

2.The conditioned lot shall not be moved from the labeler's premises until the sample has been tested by the state seed department laboratory and final certification has been completed. If the seed lot does not meet label claims, the lot will be rejected, and the labeler must remove certification tags and return them to the state seed department.

3.The use of a certification label preprinted on bags will be permitted if prior approval by the state seed department is granted. Analysis information may also be printed on the bag. The approved conditioning facility must submit a preprinted analysis tag from the bags used with the sample for final certification.

History

• History: Amended effective May 1, 1986; September 1, 2002; July 1, 2010; October 1, 2012.
• Law Implemented: NDCC 4.1-53-13, 4.1-53-44

N.D. Admin. Code 74-03-01-14 Carryover seed

All carryover seed must be retested for germination before new certified seed labels will be issued by the state seed department. The sample must be obtained from the bulk or bagged product and not from the file sample.

Commingling carryover certified seed lots. Carryover seed from certified lots may be commingled if the seed is of the same variety, class, and general quality. If seed of different classes is commingled, the seed is eligible for the lowest class only. A new germination test is required for labeling. Germination tests should be done on each lot before commingling to ensure none of the lots have gone out of condition.

October 1, 2012; July 1, 2020; July 1, 2022. 74-03-01-14.1. Applicant's responsibility.

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 identity during conditioning and handling. Evidence that any lot of seed has not been protected from contamination that might affect genetic purity or is not properly identified shall be cause for possible rejection of certification.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; July 1, 2010;
• History: Effective May 1, 1986; amended effective January 2, 2006; July 1, 2010.

N.D. Admin. Code 74-03-01-15 Misuse of certification privileges

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 seed laws and rules with respect to any seed which the grower, conditioner, or retailer sells, may at the discretion of the state seed commissioner be denied the right to produce, condition, or market seed for certification. Violators may be subject to fines by administrative action of the state seed department.

History

• History: Amended effective May 1, 1986; May 1, 1988; September 1, 2002; January 2, 2006; July 1, 2010; October 1, 2012.
• Law Implemented: NDCC 4.1-53-42, 4.1-53-45, 4.1-53-53, 4.1-53-57

N.D. Admin. Code 74-03-01-16 Approved conditioners

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 and varietal identity of each seed lot. A separate inspection and permit is required for each fixed facility or mobile conditioning unit. The managers and the designated samplers in these facilities are under agreement to handle all seed and seed records and to draw representative samples of all seed lots for certification according to the certification rules and regulations.

1.Approved conditioners of small grains are required to have the following operational equipment capable of: (1) length grading - either a disc separator or indent cylinder or combination machine which removes long and short fractions and (2) width grading - either an air screen machine or precision graders with aspiration in line.

2.The commissioner may approve specialized equipment and facilities utilized for the purpose of seed conditioning, repackaging, treating, or inoculating certified seed.

October 1, 2012; July 1, 2018.

History

• History: Amended effective May 1, 1986; December 18, 1989; September 1, 2002; July 1, 2010;
• Law Implemented: NDCC 4.1-53-42, 4.1-53-46

N.D. Admin. Code 74-03-01-17 Interagency certification

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.

a.North Dakota labelers may purchase seed that passed field inspection in another state and complete final certification and labeling in North Dakota. A certificate of transfer from the state in which the seed originated must be submitted to the state seed department to verify eligibility.

b.The labeler is responsible for completing final certification. If conditioning is necessary, a representative sample must be submitted to the state seed department along with a completed sampler's report and a copy of the certificate of transfer. The seed shall meet North Dakota seed standards for certification.

c.Interagency certification labels will be issued by the North Dakota state seed department.

2.Field inspected in North Dakota and transferred to another state for final certification.

a.A seed producer may transfer seed that passed field inspection in North Dakota to a purchaser in another state with approval from the state seed department. The producer must submit a completed certificate of transfer to the state seed department verifying eligibility of the seed. Once approved, the state seed department will forward copies to the purchaser and the official certification agency of the state where the seed is destined.

b.The purchaser is responsible for completing the requirements for certification with the certification agency.

3.Certified in another state and transferred to North Dakota for relabeling.

a.Seed that has been previously certified and labeled by an official certifying agency from another state may be reconditioned, rebagged, and relabeled in North Dakota.

b.When the seed is reconditioned or rebagged, a new sample must be submitted to the state seed department for analysis. The North Dakota labeler must submit a certification label from the state of origin as proof of eligibility along with a completed sampler's report.

c.New interagency certification labels will be issued by the state seed department.

Interagency seed lots not meeting North Dakota certification standards may require resampling or retesting to ensure compliance with North Dakota certification standards.

July 1, 2018.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; October 1, 2012;
• Law Implemented: NDCC 4.1-53-13, 4.1-53-42

N.D. Admin. Code 74-03-01-18 Exclusion of warranty

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 the grower's or owner's responsibility. Neither the producer, the seller, the North Dakota seed commission, the seed commissioner, or the commissioner's employees make any warranty or representation of any kind, express or implied, as the quantity or quality of the crop produced from certified seed, including merchantability, fitness for a particular purpose, absence of disease, or varietal or selection identity.

The only representation is that the seed was inspected under the seed certification rules and regulations of the North Dakota state seed department.

Inspections, tests, certifications, and other acts are not intended to induce reliance on the state seed department's inspections, certifications, or any other action or inaction for any purpose relating to quantity or quality of the seed or crop produced, fitness for purpose, merchantability, absence of disease, or variety or selection identification. Certification means only that the seed was randomly inspected and at the time of the inspection the field or seed lot met the rules of the department.

History

• History: Effective September 1, 2002; amended effective July 1, 2007; October 1, 2012.
• Law Implemented: NDCC 4.1-53-59

Chapter 74-03-02 Specific Crop Requirements - Small Grains

N.D. Admin. Code 74-03-02-01 Land requirements

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 produced spring wheat.

Foundation or registered class fields of durum will not be eligible for certification if planted on land on which spring wheat was planted either of the two previous years.

History

• History: Amended effective May 1, 1986; January 2, 2006; July 1, 2010; July 1, 2018.

N.D. Admin. Code 74-03-02-02 Field inspection

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

• History: Amended effective January 2, 2006; July 1, 2018.

N.D. Admin. Code 74-03-02-03 Field standards

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 by at least six hundred sixty feet [201.17 meters] from rye fields of any other variety or fields of the same variety that do not meet the varietal purity requirements for certification.

2.Specific field standards(wheat - barley - oats - rye - triticale).

Maximum Tolerance FactorFoundationRegisteredCertified Other varieties *1:10,0001:5,0001:2,000 Inseparable other crops1:30,0001:10,0001:5,000 Prohibited noxious weeds **nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants which are characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

October 1, 2012; July 1, 2018.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; July 1, 2010;

N.D. Admin. Code 74-03-02-04 Seed standards (wheat - oats - barley - rye - triticale)

Seed count required.

Variety identification test required for hard red spring wheat and barley.

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum) *99.0 percent99.0 percent99.0 percent Total weed seeds (maximum)2 per pound5 per pound10 per pound Other varieties **1 per 2 pounds1 per pound3 per pound Other crop seeds (maximum)1 per 2 pounds1 per pound3 per pound Inert matter (maximum) ***1.0 percent1.0 percent1.0 percent Prohibited noxious weed seeds +nonenonenone Objectionable weed seeds (maximum) ++1 per 2 pounds1 per 2 pounds1 per pound Germination +++85.0 percent85.0 percent85.0 percent *The standard for durum, triticale, and rye shall be 98.0 percent minimum. **Other varieties shall not include variants characteristic of the variety. White wheat must be tested for red wheat contaminants. ***For all crops foreign matter other than broken seed shall not exceed 0.2 percent. Durum, triticale, and rye may contain 2.0 percent maximum inert matter. +Including the seeds of quackgrass. ++Objectionable weed seeds shall include the following: dodder, wild oats, hedge bindweed (wild morning glory), giant ragweed (kinghead), falseflax, and dragonhead. +++Winter wheat, durum, triticale, and rye minimum 80.0 percent.

Note: A barley labeler is responsible for having a loose smut test, by an official laboratory, on the harvested seed of each field of barley. If seed from more than one field is blended without having a test for each field, a loose smut test must be made on each seed lot or sublot. The percentage of loose smut will be printed on the certification certificate or label.

September 1, 2002; January 2, 2006; July 1, 2010; October 1, 2012; July 1, 2018; July 1, 2020.

History

• History: Amended effective May 1, 1986; May 1, 1988; December 18, 1989; August 1, 1991;

N.D. Admin. Code 74-03-02-05 Seed standards (flax)

Repealed effective July 1, 2018.

Chapter 74-03-03 Specific Crop Requirements - Alfalfa (Nonhybrid) [Repealed]

N.D. Admin. Code 74-03-03 Specific Crop Requirements - Alfalfa (Nonhybrid) [Repealed]

CHAPTER 74-03-03

SPECIFIC CROP REQUIREMENTS - ALFALFA (NONHYBRID) [Repealed effective July 1, 2018]

Chapter 74-03-04 Specific Crop Requirements - Birdsfoot Trefoil [Repealed]

N.D. Admin. Code 74-03-04 Specific Crop Requirements - Birdsfoot Trefoil [Repealed]

CHAPTER 74-03-04

SPECIFIC CROP REQUIREMENTS - BIRDSFOOT TREFOIL [Repealed effective May 1, 1986]

Chapter 74-03-05 Specific Crop Requirements - Red Clover [Repealed]

N.D. Admin. Code 74-03-05 Specific Crop Requirements - Red Clover [Repealed]

CHAPTER 74-03-05

SPECIFIC CROP REQUIREMENTS - RED CLOVER [Repealed effective May 1, 1986]

Chapter 74-03-06 Specific Crop Requirements - Sweetclover [Repealed]

N.D. Admin. Code 74-03-06 Specific Crop Requirements - Sweetclover [Repealed]

CHAPTER 74-03-06

SPECIFIC CROP REQUIREMENTS - SWEETCLOVER [Repealed effective May 1, 1986]

Chapter 74-03-07 Specific Crop Requirements - Grasses

N.D. Admin. Code 74-03-07-01 Land requirements

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 not have grown or been seeded to the same species during the previous five years.

2.A field, to be eligible for the production of registered or certified seed, must not have been in the production of the same species during the previous year unless the crop was of the same variety or strain and was inspected for certification.

History

• History: Amended effective May 1, 1986; July 1, 2010.

N.D. Admin. Code 74-03-07-02 Field inspection

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 before harvest.

History

• History: Amended effective July 1, 2010.

N.D. Admin. Code 74-03-07-03 Field standards

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.A seed field to be eligible for the production of foundation, registered, or certified seed must be isolated from any other strain or strains of the same species in bloom at the same time in accordance with the requirements given in the following table:

Minimum Isolation Distance Required (Feet)

TypeFoundationRegisteredCertified All cross-pollinated speciesC1,320660330 Entirely apomictic strainsA16516582.5 Highly self-fertile speciesS16516582.5

4.Specific requirements. The maximum field tolerance for other varieties and off-type plants of the same species, when recognized, shall be as follows:

Foundation0.1 percent Registered0.5 percent Certified1.0 percent

History

• History: Amended effective May 1, 1986; May 1, 1988; July 1, 2010.

N.D. Admin. Code 74-03-07-04 Specific seed standards

Other Varieties (Maximum)Foundation 0.1%Registered 1.0%Certified 1.0% MinimumMaximum Species Type of Reproduction of Pure Germination Crop F&R C Grass Inert F&R C Weed Objectionable Weed Seeds Per Pound Smooth BromegrassC908580800.20.50.10.510.015.00.250.5913 TimothyC999980800.20.50.10.21.01.00.200.5913 Crested WheatgrassC909080800.21.00.10.510.010.00.250.5913 Intermediate Wheatgrass C909080800.21.00.10.510.010.00.250.5913 Pubescent Wheatgrass C909080800.21.00.10.510.010.00.250.5913 Slender WheatgrassS909080800.21.00.10.510.010.00.250.5913 Tall WheatgrassC909080800.21.00.10.510.010.00.250.5913 Western WheatgrassC858560600.21.00.20.515.015.00.250.5913 Canada WildryeS908570700.21.00.10.510.015.00.250.5913 Russian WildryeC909080800.21.00.10.510.010.00.250.5913 Green NeedlegrassS908065650.21.00.10.510.020.00.250.5913 Creeping FoxtailC808080800.21.00.10.520.020.00.250.5913 SwitchgrassC959060600.21.00.20.55.010.00.501.0913 Specific seed standards (chaffy seeded species).

Other Varieties (Maximum)Foundation 0.1%Registered 1.0%Certified 1.0% MinimumMaximum Species Type of Reproduction Percent of Pure Germination Crop F&R C Grass Inert Percent Weed Objectionable Weed Seeds Per Pound Sideoats GramaC & A5030--0.21.00.10.5--0.51.0913 Big BluestemC5025--0.21.00.10.5--0.51.0913 Sand BluestemC4020--0.21.00.10.5--0.51.0913 Little BluestemC1212--0.21.00.10.5--0.51.0913 IndiangrassC5025--0.21.00.10.5--0.51.0913 *Pure Live Seed Index Prohibited noxious weed seeds, including seeds of quackgrass, horsenettle, Johnsongrass, wild garlic, and dodder, are not allowed.

Objectionable weed seeds shall include the following: wild oats, hedge bindweed (wild morning glory), giant ragweed (kinghead), dragonhead, and buckhorn plantain.

Percent germination or pure live seed includes percent germination plus percent dormant for North Dakota certification purposes on those kinds of grasses for which the association of official seed analysts (AOSA) rules specifically prescribe that dormancy be determined.

History

• History: Amended effective December 18, 1989; September 1, 2002; July 1, 2010.

Chapter 74-03-07.1 Specific Crop Requirements - Buckwheat

N.D. Admin. Code 74-03-07.1 Specific Crop Requirements - Buckwheat

CHAPTER 74-03-07.1

SPECIFIC CROP REQUIREMENTS - BUCKWHEAT

Section 74-03-07.1-01Land Requirements 74-03-07.1-02Field Inspection 74-03-07.1-03Field Standards 74-03-07.1-04Seed Standards 74-03-07.1-01. Land requirements.

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; October 1, 2012. 74-03-07.1-02. Field inspection.

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. 74-03-07.1-03. Field standards.

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 isolated by at least six hundred sixty feet [201.17 meters] from buckwheat fields of any other variety or fields of the same variety that do not meet the varietal purity requirements for certification.

2.Specific field standards.

Maximum Tolerance Factor FoundationRegisteredCertified Other varieties *1:10,0001:5,0001:2,000 Inseparable other crops1:10,0001:10,0001:5,000 Prohibited weed seeds **nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

History: Effective May 1, 1986; amended effective May 1, 1988; September 1, 2002; January 2, 2006;

July 1, 2010; October 1, 2012. 74-03-07.1-04. Seed standards.

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum)99.0 percent99.0 percent99.0 percent Total weed seeds (maximum)2 per pound5 per pound10 per pound Other varieties 1 per 2 pounds1 per pound 3 per pound Other crop seeds (maximum)1 per 2 pounds1 per pound3 per pound Inert matter (maximum)* 1.0 percent1.0 percent1.0 percent Prohibited weed seeds ***nonenonenone Objectionable weed seeds (maximum) ****1 per 2 pounds1 per 2 pounds2 per pound Germination85.0 percent85.0 percent85.0 percent *Other varieties shall not include variants characteristic of the variety. **Foreign matter other than broken seed may not exceed 0.2 percent. ***Including the seeds of quackgrass. ****Objectionable weed seeds shall include the following: dodder, wild oats, hedge bindweed (wild morning glory), giant ragweed (kinghead), falseflax, and dragonhead.

History: Effective May 1, 1986; amended effective September 1, 2002; January 2, 2006; July 1, 2010;

October 1, 2012.

Chapter 74-03-08 Specific Crop Requirements - Millet - Self-Pollinating

N.D. Admin. Code 74-03-08-01 Land requirements

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

• History: Amended effective May 1, 1986; July 1, 2010; October 1, 2012.

N.D. Admin. Code 74-03-08-02 Field inspection

Fields shall be inspected before harvest or when the seed begins to take on color.

N.D. Admin. Code 74-03-08-03 Field standards

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.

FactorFoundationRegisteredCertified Other varieties (maximum) *1:3,0001:2,0001:1,000 Inseparable other crops (maximum)1:10,0001:10,0001:2,000 Prohibited weeds**NoneNoneNone *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

History

• History: Amended effective May 1, 1986; January 2, 2006; July 1, 2010.

N.D. Admin. Code 74-03-08-04 Seed standards

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum)99.0 percent99.0 percent98.0 percent Total weed seeds (maximum).01 percent.01 percent.04 percent Total other crop seeds (maximum).01 percent.01 percent.04 percent Other varieties (maximum).01 percent.01 percent.02 percent Other kinds (maximum).01 percent.01 percent.02 percent Inert matter1.0 percent1.0 percent2.0 percent Prohibited noxious weed seedsnonenonenone Objectionable weed seeds *none1 per pound 3 per pound Germination70.0 percent70.0 percent70.0 percent *Objectionable weed seeds are dodder, wild oats, quackgrass, hedge bindweed (wild morning glory), nightflowering catchfly, giant foxtail, hoary alyssum, wild radish, wild vetch species, buckhorn plantain, and horsenettle.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; July 1, 2010.

Chapter 74-03-09 Specific Crop Requirements - Mustard, Crambe, Canola, and Rape (Nonhybrid)

N.D. Admin. Code 74-03-09-01 Land requirements

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 during the previous two years. Registered and certified seed of crambe must be on land which did not produce crambe during the previous year.

History

• History: Amended effective December 18, 1989; September 1, 2002; October 1, 2012.

N.D. Admin. Code 74-03-09-02 Field inspection

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

• History: Amended effective May 1, 1986.

N.D. Admin. Code 74-03-09-03 Field standards

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 sixty feet. [201.17 (b)Mustard - One thousand three hundred twenty feet. [402.34]

(c)Rapeseed - Six hundred sixty feet . [201.17 (2)Producing registered crambe seed - six hundred sixty feet [201.17 meters].

(3)Producing certified seed (a)Crambe - Six hundred sixty feet. [201.17]

(b)Mustard - Six hundred sixty feet. [201.17]

(c)Rapeseed - Three hundred thirty feet [100.58].

(d)Required isolation between classes of the same variety - ten feet [3.05 meters].

b.Unit of certification. The field is the unit of certification. A portion of a field may be accepted for certification provided that the rejected portion in no way impairs the genetic purity of the portion accepted.

2.Specific field standards.

Maximum Permitted in Each Class Registered FactorFoundationCrambe OnlyCertified Other varieties *1:2,000 1:2,000 1:500 Inseparable other crops 1:2,000 1:2,000 1:500 *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants characteristic of the variety.

July 1, 2020.

History

• History: Amended effective May 1, 1986; December 18, 1989; September 1, 2002; January 2, 2006;

N.D. Admin. Code 74-03-09-04 Seed standards

Registered FactorFoundationCrambe OnlyCertified Pure seed (minimum)99.00 percent99.00 percent99.00 percent Inert matter (maximum)1.00 percent1.00 percent1.00 percent Prohibited noxious weed seeds +nonenonenone Objectionable weed seeds *1 per pound3 per pound5 per pound Other weeds5 per pound10 per pound15 per pound Total other crop seeds (maximum)0.05 percent0.10 percent0.25 percent Other varieties (maximum)0.05 percent0.10 percent0.25 percent Other kinds (maximum) ** 0.01 percent0.01 percent0.01 percent Germination (minimum)85.00 percent85.00 percent85.00 percent Sclerotia (maximum) 7 per pound7 per pound7 per pound +Prohibited noxious weed seeds include the seeds of cleavers or bedstraw. *Objectionable weed seeds are dodder, wild mustard, wild oats, quackgrass, and hedge bindweed (wild morning glory). **Shall not exceed one per pound for foundation and six per pound for certified.

January 2, 2006.

History

• History: Amended effective May 1, 1986; May 1, 1988; December 18, 1989; September 1, 2002;

Chapter 74-03-09.1 Specific Crop Requirements - Hybrid Canola and Rapeseed

N.D. Admin. Code 74-03-09.1 Specific Crop Requirements - Hybrid Canola and Rapeseed

CHAPTER 74-03-09.1

SPECIFIC CROP REQUIREMENTS - HYBRID CANOLA AND RAPESEED

Section 74-03-09.1-01Land Requirements 74-03-09.1-02Seed Requirements 74-03-09.1-03Field Inspection 74-03-09.1-04Field Standards 74-03-09.1-05Seed Standards 74-03-09.1-01. Land requirements.

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 radish during the preceding three years.

History: Effective October 1, 2012; amended effective July 1, 2018. 74-03-09.1-02. Seed requirements.

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. 74-03-09.1-03. Field inspection.

Field inspection shall be made when the seed parent is in early bloom. Additional inspections may be required. 74-03-09.1-04. Field standards.

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 provided that the rejected portion does not affect the genetic purity of the portion accepted.

2.Specific field standards.

Maximum Permitted in Each Class FactorFoundationCertified Other varieties *1:2,000 1:500 Inseparable other crops 1:2,000 1:500 *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants characteristic of the variety. 74-03-09.1-05. Seed standards.

Registered FactorFoundationCrambe OnlyCertified Pure seed (minimum)+99.00 percent99.00 percent99.00 percent Inert matter (maximum)1.00 percent1.00 percent1.00 percent Prohibited noxious weed seeds *nonenonenone Objectionable weed seeds **1 per pound3 per pound5 per pound Other weeds5 per pound10 per pound15 per pound Total other crop seeds (maximum)0.05 percent0.10 percent0.25 percent Other varieties (maximum)0.05 percent0.10 percent0.25 percent Other kinds (maximum) *** 0.01 percent0.01 percent0.01 percent Germination (minimum)85.00 percent85.00 percent85.00 percent Sclerotia (maximum) 7 per pound7 per pound7 per pound +Percent hybrid seed shall not be less than eighty percent. A certificate from an accredited laboratory indicating the percentage of hybridity must be submitted prior to final certification.

A certificate from an accredited laboratory indicating satisfaction erucic acid and glucosinolate content may be required prior to final certification. *Prohibited noxious weed seeds include the seeds of cleavers or bedstraw. **Objectionable weed seeds are dodder, wild mustard, wild oats, quackgrass, and hedge bindweed (wild morning glory). ***Shall not exceed one per pound for foundation and six per pound for certified.

Chapter 74-03-10 Specific Crop Requirements - Safflower

N.D. Admin. Code 74-03-10-01 Land requirements

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

• History: Amended effective May 1, 1988.

N.D. Admin. Code 74-03-10-02 Field inspection

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

• History: Amended effective May 1, 1986.

N.D. Admin. Code 74-03-10-03 Field standards

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 are planted in close proximity, no isolation requirement applies, except to maintain field borders.

2.Specific field standards.

Maximum Permitted in Each Class FactorFoundationRegisteredCertified Other varieties *1:10,0001:2,0001:1,000 Inseparable other crops 1:30,0001:10,0001:3,000 Prohibited noxious weeds**nonenonenone *Other varieties shall include plants that can be differentiated from the variety being inspected, but shall not include variants characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

July 1, 2018.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; October 1, 2012;

N.D. Admin. Code 74-03-10-04 Seed standards

FactorFoundationRegisteredCertified Pure seed (minimum)98.0 percent98.0 percent98.0 percent Inert matter (maximum)2.0 percent2.0 percent2.0 percent Other crops or varieties (maximum)1 per 2 pounds1 per pound3 per pound Weed seeds (maximum)2 per pound5 per pound10 per pound Prohibited noxious weed seed *nonenonenone Objectionable weed seeds**1 per 2 pounds1 per 2 pounds2 per pound Germination (minimum)80 percent80 percent Sclerotia (maximum) 5 per pound5 per pound5 per pound *Including the seeds of quackgrass. **Objectionable weed seeds shall include the following: dodder, wild oats, hedge bindweed (wild morning glory), giant ragweed (kinghead), falseflax, and dragonhead.

History

• History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; October 1, 2012.

Chapter 74-03-11 Specific Crop Requirements - Sunflower

N.D. Admin. Code 74-03-11-01 Land requirements

A crop will not be eligible for certification if planted on land where sunflowers were grown during the previous year.

History

• History: Amended effective May 1, 1986.

N.D. Admin. Code 74-03-11-02 Field inspection

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 inspections shall be made, one during the bud to early bloom stage and two during bloom.

b.In a field producing hybrid sunflower seed, at least fifty percent of the male parent plants must be in bloom and producing pollen at the time the female parent is in full bloom. The heads of female plants shedding pollen must be removed and disposed of in a manner which will prevent their pollen from being disseminated. Off-type male plants shall be removed from the field before pollination.

c.The field shall be considered the unit for certification. Fields shall be separated from other inseparable crops by a distance adequate to prevent mechanical mixture and from other sunflowers by five thousand two hundred eighty feet [1609.34 meters].

d.In inbred lines and foundation single crosses only the foundation class shall be recognized. In hybrid varieties only the certified class shall be recognized.

3.Diseases. Standards for seed-borne diseases in sunflowers are not specified; however, the inspector may reject fields for disease if the quality of the seed will be affected.

History

• History: Amended effective May 1, 1986; May 1, 1988; January 2, 2006; October 1, 2012.

N.D. Admin. Code 74-03-11-03 Field standards

Factor Open Pollinated VarietiesA, B, or R Hybrid Production Seed ParentPollen Parent Pollen shedding female plants (Maximum)1:1,000*5:1,000 Branched wild-types1:1,0001:1,0001:1,000 Purple plants **1:1,0001:1,0001:1,000 White seeded plants1:1,0001:1,0001:1,000 Total including above (maximum) 5:1,0004:1,0004:1,0004:1,000 Isolation (minimum) **5,280 feet5,280 feet5,280 feet5,280 feet Corn plants bearing seednonenonenonenone *Standard applies only to A-line. **Must be isolated from other varieties, strains, hybrids, volunteer sunflower, noncertified crops of the same variety, and hybrid and wild Helianthus species.

History

• History: Amended effective May 1, 1986; May 1, 1988; January 2, 2006; July 1, 2020.

N.D. Admin. Code 74-03-11-04 Seed standards (sunflower)

Repealed effective May 1, 1988. 74-03-11-04.1. Precontrol standards.

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 shedding pollen when female plants are receptive.

3.Excess off-types not to include wild types.

In such cases at least two thousand plants must be observed and meet the following standards before hybrid and inbred seed can be certified from fields with problems listed above.

Maximum Permitted FactorHybridInbred Sterile plants5.0% Sterile or fertile plants5.0% Morphological off-types0.5%0.5% Wild types0.2%0.2% Total (including above types)5.0%5.0% For nonoil types, hybrid seed which contains not more than fifteen percent sterile plants may be certified. If it contains eighty-five percent to ninety-five percent hybrid plants, the percentage of hybrid shall be shown on the certification label.

History

• History: Effective May 1, 1988.

N.D. Admin. Code 74-03-11-05 Postcontrol standards

Repealed effective May 1, 1988. 74-03-11-05.1. Seed standards.

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum)98.0 percent98.0 percent98.0 percent Total weed seeds (maximum)nonenone3 per pound Other varieties (maximum) *1 per pound 1 per pound 5 per pound Other crop seeds (maximum)1 per pound1 per pound3 per pound Inert matter (maximum)2.0 percent2.0 percent2.0 percent Objectionable weed seeds **nonenonenone Prohibited noxious weed seedsnonenonenone Germination (minimum)85.0 percent85.0 percent85.0 percent Sclerotia 5 per pound5 per pound5 per pound *To include not more than two purple seeds or two white seeds per pound. Other varieties shall not include variants characteristic of the variety. **Objectionable weed seeds shall include the following: buckhorn plantain, dodder, wild oats, nightflowering catchfly, giant foxtail, hoary alyssum, horsenettle, quackgrass, wild vetch species, wild radish, hedge bindweed (wild morning glory), and nightshade.

History

• History: Effective May 1, 1988; amended effective September 1, 2002; January 2, 2006; October 1, 2012.

Chapter 74-03-12 Specific Crop Requirements - Soybeans, Chickpeas, and Lentils

N.D. Admin. Code 74-03-12-01 Land requirements

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 considered eligible for certification if planted on land which produced any class of dry field bean, green bean, or field peas the preceding year. Soybeans may not follow chickpeas. Chickpeas may not follow soybeans.

History

• History: Amended effective May 1, 1986; September 1, 2002; July 1, 2010.

N.D. Admin. Code 74-03-12-02 Field inspection

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 in bloom or at such a time as the varietal purity of the crop can be determined.

History

• History: Amended effective May 1, 1986; September 1, 2002; July 1, 2010.

N.D. Admin. Code 74-03-12-03 Field standards

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 FactorFoundationRegisteredCertified Other varieties *0.1 percent0.2 percent0.2 percent Corn and sunflower plants bearing seednonenonenone Prohibited noxious weeds **nonenonenone Objectionable weeds ***nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector. ***Objectionable weeds include nightshade species and cocklebur.

History

• History: Amended effective May 1, 1986; August 1, 1991; September 1, 2002; January 2, 2006; July 1, 2010.

N.D. Admin. Code 74-03-12-04 Seed standards

Seed count required on soybeans, chickpeas, and lentils.

Standard for Each Class FactorFoundationRegisteredCertified Pure seed (minimum)98.0 percent98.0 percent98.0 percent Total weed seeds (maximum)none1 per pound2 per pound Other varieties (maximum) *0.1 percent0.2 percent0.2 percent Other crop seeds (maximum)

Soybeans and chickpeasnone1 per 2 pounds1 per pound Lentils1 per 2 pounds1 per pound3 per pound Inert matter2.0 percent2.0 percent2.0 percent Prohibited noxious weed seedsnonenonenone Objectionable weed seeds **nonenonenone Germination and hard seeds85.0 percent85.0 percent85.0 percent *Other varieties shall not include variants characteristic of the variety. **Objectionable weed seeds are dodder, hedge bindweed (wild morning glory), wild oats, buckhorn, hoary alyssum, horsenettle, quackgrass, wild vetch species, giant foxtail, wild radish, nightshade species, and cocklebur.

Chickpea and lentil seed labelers shall have an ascochyta test performed on the harvested seed of each field or lot. The test results shall appear on the label for each seed lot.

January 2, 2006; July 1, 2010; October 1, 2012.

History

• History: Amended effective May 1, 1986; May 1, 1988; December 18, 1989; September 1, 2002;

Chapter 74-03-12.1 Specific Crop Requirements - Field Peas

N.D. Admin. Code 74-03-12.1 Specific Crop Requirements - Field Peas

CHAPTER 74-03-12.1

SPECIFIC CROP REQUIREMENTS - FIELD PEAS

Section 74-03-12.1-01Land Requirements 74-03-12.1-02Field Inspection 74-03-12.1-03Field Standards 74-03-12.1-04Seed Standards 74-03-12.1-01. Land requirements.

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 on land which produced dry field bean, green bean, or chickpeas the preceding year.

History: Effective July 1, 2010; amended effective October 1, 2024. 74-03-12.1-02. Field inspection.

Field inspection shall be made prior to harvest when the crop is in bloom or at such a time as the varietal purity of the crop can be determined.

History: Effective July 1, 2010. 74-03-12.1-03. Field standards.

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 FactorFoundationRegisteredCertified Other varieties *none0.01 percent0.01 percent Other crops (inseparable)nonenonenone Prohibited noxious weeds **nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants characteristic of the variety inspected. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

History: Effective July 1, 2010; amended effective July 1, 2018. 74-03-12.1-04. Seed standards.

Seed count and variety identification tests required on field peas.

Standard for Each Class FactorFoundationRegisteredCertified Pure seed (minimum)98.0 percent98.0 percent98.0 percent Total weed seeds (maximum)none1 per pound2 per pound Other varieties (maximum) *none1 per 2 pounds1 per pound Other crop seeds (maximum)none1 per 2 pounds1 per pound Inert matter2.0 percent2.0 percent2.0 percent Prohibited noxious weed seedsnonenonenone Objectionable weed seeds **nonenonenone Germination and hard seeds85.0 percent85.0 percent85.0 percent *Other varieties shall not include variants characteristic of the variety or allowance for Austrian/forage pea seed. **Objectionable weed seeds are dodder, hedge bindweed (wild morning glory), wild oats, buckhorn, hoary alyssum, horsenettle, quackgrass, wild vetch species, giant foxtail, wild radish, nightshade species, and cocklebur.

History: Effective July 1, 2010; amended effective October 1, 2012; July 1, 2018.

Chapter 74-03-13 Specific Crop Requirements - Dry Field Beans

N.D. Admin. Code 74-03-13-01 Land requirements

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

• History: Amended effective May 1, 1986; July 1, 2010; October 1, 2012.

N.D. Admin. Code 74-03-13-02 Field inspection

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

• History: Amended effective May 1, 1986.

N.D. Admin. Code 74-03-13-03 Field standards

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 FactorFoundationRegisteredCertified Other varieties or classes *.01 percent0.05 percent0.1 percent Inseparable other cropsnonenonenone Prohibited noxious weeds **nonenonenone Objectionable weeds *** nonenonenone Bacterial bean blights +.01 percent.05 percent.1 percent Anthracnosenonenonenone Wiltnonenonenone Common bean mosaicnone0.5 percent1.0 percent *Other varieties shall not include variants characteristic of the variety. **Prohibited noxious weeds include only field bindweed, leafy spurge, yellow starthistle, and Russian knapweed.

The tolerance for prohibited or objectionable weeds, or both, will be determined by the inspector. ***Objectionable weeds include nightshade species and cocklebur. +1.The grower shall isolate and not harvest within a one hundred-foot [30.5-meter] radius of all staked (flagged) plants. A grower must leave in place any stakes or flags by plants with blight-infected pods. The inspector may recheck the field to ensure that these blighted areas were not harvested. Failure to leave the rejected area will result in total field being rejected.

2.Areas to be isolated must be mapped out on field inspection report.

September 1, 2002; January 1, 2005; January 2, 2006; July 1, 2010; October 1, 2012.

History

• History: Amended effective May 1, 1986; May 1, 1988; December 18, 1989; August 1, 1991;

N.D. Admin. Code 74-03-13-04 Seed standards

Seed count required on dry field beans.

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum) 98.5 percent98.5 percent98.5 percent Inert matter (maximum)1.5 percent1.5 percent1.5 percent Total weed seeds (maximum)nonenone2 per pound Other varieties or classes0.01 percent0.05 percent0.1 percent Other crops (maximum)nonenone1 per 2 pounds Prohibited noxious weed seedsnonenonenone Objectionable weed seedsnonenonenone Germination (minimum)no standard85.0 percent85.0 percent Bacterial blight testpasspasspass Anthracnose***nonenonenone *Foreign matter other than broken seed may not exceed 0.50 percent. **Objectionable weed seeds include those of buckhorn, dodder, hedge bindweed (wild morning glory), hoary alyssum, horsenettle, quackgrass, wild oats, wild vetch species, giant foxtail, wild radish, nightshade species, and cocklebur. ***The grower is responsible for having a bacterial blight test and anthracnose test, performed by a seed department-approved laboratory, on the harvested seed of each field of dry field beans. If seed from more than one field is commingled prior to testing, a bacterial blight test and anthracnose test must be performed on each separate seed lot. Lot size is restricted to two thousand bushels.

A seed treatment to reduce surface bacterial contamination of the seed coat is recommended.

January 2, 2006; July 1, 2010; October 1, 2012.

History

• History: Amended effective May 1, 1986; December 18, 1989; August 1, 1991; September 1, 2002;

Chapter 74-03-14 Specific Crop Requirements - Hybrid Wheat and Hybrid Rye Commingled Parent Lines

N.D. Admin. Code 74-03-14-01 General requirements

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 and rye varieties apply to the production of pollinator lines.

2.Definition of parental types.

a.Maintainer (B-line). A line with normal fertile cytoplasm which is used as a pollinator to increase the seed parent.

b.Seed parent (A-line). A cytoplasmic male-sterile line, which is genetically identical to the maintainer line that when pollinated by a restorer, produces hybrid seed.

c.Restorer (R-line). Any male fertile line possessing nuclear restoration genes used as a pollinator in the production of commercial hybrid seed.

3.Eligible seed classes.

a.Only the certified class is recognized in the production of commercial hybrid seed. A commercial hybrid is planted for any use except for seed production. To be certified, a commercial hybrid must be produced from foundation class seed stocks. These seed stocks must consist of male steriles, inbred lines, and/or hybrids.

b.Only the foundation class is recognized for parental lines.

History

• History: Effective July 1, 2018; amended effective July 1, 2020.

N.D. Admin. Code 74-03-14-02 Land requirements

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 if planted on land on which the same kind was grown the previous two years.

3.Commercial hybrids are not eligible for certification if planted on land on which the same kind was grown the previous year.

History

• History: Effective July 1, 2018; amended effective July 1, 2022.

N.D. Admin. Code 74-03-14-03 Field inspection

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 must be inspected at least once during anthesis to check for off-type plants, shedders, and proper isolation.

2.Maintainers and restorers. Male lines must be inspected at least once for purity after the crop is fully headed.

3.Commercial hybrid production fields must be inspected at least once.

History

• History: Effective July 1, 2018; amended effective July 1, 2020; July 1, 2022.

N.D. Admin. Code 74-03-14-04 Field standards

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] for wheat and three thousand two hundred eighty feet [1000 meters] for rye from fields of other kinds or varieties that could provide a source of contamination, or from fields of the same variety that do not meet varietal purity requirements for certification. The A-line and B-line must be separated by an unplanted strip of ground adequate to prevent mechanical mixture.

b.Maintainer and restorer increases. Fields or parts of fields acceptable for production of pollinator lines must be so located that the line is not less than thirty feet [9 meters] for wheat and six hundred sixty feet [200 meters] for rye from fields of other kinds or varieties which could provide a source of contamination. or from fields of the same variety that do not meet varietal purity requirements for certification. Prior to inspection, the field must be isolated from inseparable crops by a strip at least five feet wide to prevent mechanical contamination.

c.Commercial hybrids. Fields or parts of fields acceptable for production of commercial hybrid seed must be no less than three hundred thirty feet [100.58 meters] for wheat and one thousand six hundred forty feet [500 meters] for rye from fields of other kinds or varieties that would provide a source of contamination, or from fields of the same variety that do not meet varietal purity requirements for certification.

2.Specific field standards.

Factor A-Line Foundation B- and R-Lines Foundation Commercial Hybrid Certified Pollen shedders1:3,000N/AN/A Other varieties *1:3,0001:3,0001:3,000 Inseparable other crops1:30,0001:30,0001:5,000 Prohibited noxious weed seeds **nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but may not include variants that are characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

History

• History: Effective July 1, 2018; amended effective July 1, 2020.

N.D. Admin. Code 74-03-14-05 Seed standards

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-LinesCommercial Hybrid FactorFoundationCertified Pure seed (minimum) *99.0 percent99.0 percent Hybridity (minimum) **N/A75.0 percent Total weed seeds (maximum)0.10 percent0.10 percent Other varieties ***0.005 percent0.05 percent Other crop seeds (maximum)0.01 percent0.08 percent Inert matter (maximum) ****1.0 percent1.0 percent Prohibited noxious weed seedsnonenone Germination *****85.0 percent85.0 percent *Pure seed minimum for rye is 98.0 percent. **Hybridity will be determined by an acceptable method and test results shall be submitted to the agency with a declaration of the hybridity prior to final certification of each lot of spring cereals and within one hundred sixty days of harvest for winter cereals. ***Other varieties include plants that can be differentiated from the variety being inspected, but may not include variants that are characteristic of the variety. ****Inert matter may not include more than 0.5 percent of material other than seed fragments of the variety under consideration. Maximum inert matter for rye is 2.0 percent. *****Minimum germination for rye is 80.0 percent.

History

• History: Effective July 1, 2018; amended effective July 1, 2020; July 1, 2022.

Chapter 74-03-14.1 Specific Crop Requirements - Cytoplasmic Male Sterile Hybrid Wheat

N.D. Admin. Code 74-03-14.1 Specific Crop Requirements - Cytoplasmic Male Sterile Hybrid Wheat

CHAPTER 74-03-14.1

SPECIFIC CROP REQUIREMENTS - CYTOPLASMIC MALE STERILE HYBRID WHEAT

Section 74-03-14.1-01General Requirements 74-03-14.1-02Land Requirements 74-03-14.1-03Field Inspection 74-03-14.1-04Field Standards 74-03-14.1-05Seed Standards 74-03-14.1-01. General requirements.

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 varieties apply to the production of pollinator lines.

2.Definition of parental types.

a.Maintainer (B-line). A line with normal fertile cytoplasm which is used as a pollinator to increase the seed parent.

b.Seed parent (A-line). A cytoplasmic male-sterile line (CMS), which is genetically identical to the maintainer line that when pollinated by a restorer, produces hybrid seed.

c.Restorer (R-line). Any male fertile line possessing nuclear restoration genes used as a pollinator in the production of commercial hybrid seed.

3.Eligible seed classes.

a.Only the certified class is recognized in the production of commercial hybrid seed. A commercial hybrid is planted for any use except for seed production. To be certified, a commercial hybrid must be produced from foundation class seed stocks. These seed stocks must consist of male steriles, inbred lines, and/or hybrids.

b.Only the foundation class is recognized for parental lines. 74-03-14.1-02. Land requirements.

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 if planted on land on which the same kind was grown the previous two years.

3.Commercial hybrids are not eligible for certification if planted on land on which the same kind was grown the previous year. 74-03-14.1-03. Field inspection.

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 at least once during anthesis to check for off-type plants, shedders, and proper isolation. Additional inspections may be required at the discretion of the certifying agency to determine shedder frequency or varietal purity.

2.Maintainers and restorers. Male lines must be inspected at least once for purity after the crop is fully headed.

3.Commercial hybrid production fields must be inspected at least once. 74-03-14.1-04. Field standards.

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] from fields of other kinds or varieties that could provide a source of contamination, or from fields of the same variety that do not meet varietal purity requirements for certification.

The A-line and B-line must be separated by an unplanted strip of ground adequate to prevent mechanical mixture.

b.Maintainer and restorer increases. Fields or parts of fields acceptable for production of pollinator lines must be so located that the line is not less than thirty feet [9 meters] from fields of other kinds or varieties which could provide a source of contamination, or from fields of the same variety that do not meet varietal purity requirements for certification.

Before inspection, the field must be isolated from inseparable crops by a strip at least five feet [1.52 meters] wide to prevent mechanical contamination.

c.Commercial hybrids. Fields or parts of fields acceptable for production of commercial hybrid seed must be no less than three hundred thirty feet [100.58 meters] from fields of other kinds or varieties that would provide a source of contamination, or from fields of the same variety that do not meet varietal purity requirements for certification. Seed parent and restorer lines must be separated from each other by an unplanted strip of ground adequate to prevent mechanical mixture.

2.Specific field standards.

Factor A-Line Foundation B- and R-Lines Foundation Commercial Hybrid Certified Pollen shedders1:3,000N/AN/A Other varieties *1:3,0001:3,0001:3,000 Inseparable other crops1:30,0001:30,0001:5,000 Prohibited noxious weed seeds **nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but may not include variants that are characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector. 74-03-14.1-05. Seed standards.

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-LinesCommercial Hybrid FactorFoundationCertified Pure seed (minimum)99.0 percent99.0 percent Total weed seeds (maximum)0.10 percent0.10 percent Other varieties *0.005 percent0.05 percent Other crop seeds (maximum)0.01 percent0.08 percent Inert matter (maximum) **1.0 percent1.0 percent Prohibited noxious weed seedsnonenone Germination85.0 percent85.0 percent *Other varieties include plants that can be differentiated from the variety being inspected, but may not include variants that are characteristic of the variety. **Inert matter may not include more than 0.5 percent of material other than seed fragments of the variety under consideration.

Chapter 74-03-15 Specific Crop Requirements - Flax

N.D. Admin. Code 74-03-15-01 Land requirements

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.

N.D. Admin. Code 74-03-15-02 Field inspection

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.

N.D. Admin. Code 74-03-15-03 Field standards

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 FactorFoundationRegisteredCertified Other varieties *1:10,0001:5,0001:2,000 Prohibited noxious weeds **nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but shall not include variants which are characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

N.D. Admin. Code 74-03-15-04 Seed standards

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum)99.0 percent99.0 percent98.5 percent Total weed seeds (maximum)15 per pound15 per pound30 per pound Other varieties (maximum) * Brown2 per pound8 per pound16 per pound Yellow4 per pound16 per pound32 per pound Other crop seeds (maximum)2 per pound5 per pound10 per pound Inert matter (maximum) **1.0 percent1.0 percent1.5 percent Prohibited noxious weed seeds ***none none none Objectionable weed seeds (maximum) +1 per 2 pounds1 per 2 pounds 3 per pound Germination (minimum)85.0 percent85.0 percent85.0 percent *Other varieties may not include variants characteristic of the variety. **Foreign matter, other than broken seed, may not exceed 0.2 percent. ***Including seeds of quackgrass. +Objectionable weed seeds include dodder species, wild oats, hedge bindweed (wild morning glory), giant ragweed (kinghead), small seeded falseflax, and American dragonhead.

Chapter 74-03-16 Specific Crop Requirements - Hemp

N.D. Admin. Code 74-03-16-01 General requirements

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 to produce certified seed.

Only varieties of hemp approved by regulatory authorities for seed production and which meet Federal Seed Act eligibility requirements are eligible for certification. Growers may be required by regulatory agencies to obtain tetrahydrocannabinol test results according to applicable regulations. Growers may be required to submit test results to the seed certifying agency before labels are issued. Upon meeting final certification requirements, eligible seed will be labeled in the licensee's name only.

N.D. Admin. Code 74-03-16-02 Land requirements

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 class is not eligible for certification if planted on land on which the same kind of crop was grown the previous two years unless the previous crop was the same variety and passed field inspection for certification.

N.D. Admin. Code 74-03-16-03 Field inspection

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 inspection is required for registered and certified seed fields of dioecious varieties. Two inspections are required for all classes of monoecious varieties and foundation seed fields of dioecious varieties.

N.D. Admin. Code 74-03-16-04 Field standards

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.

b.The minimum isolation distances required between inspected hemp and other hemp crops must be maintained as specified in the following table. There must be no hemp plants within three hundred feet [91.44 meters] of a seed field and no more than four plants per acre outside three hundred feet [91.44 meters]. Hemp crops must be isolated from other inseparable crops by a minimum of ten feet.

Inspected CropOther Crops Isolation Distance Required (feet)

Dioecious type foundation •Lower certified class of seed crop of same variety 6,460 •Same class of certified seed crop of same variety Dioecious type registered 5,249 •Seed crop of same variety that meets registered standards Dioecious type certified 2,624 •Planted with certified seed of the same variety that meets certified standards for varietal purity Monoecious type foundation •Other monoecious varieties •Lower certified class of seed crop of same variety 9,690 •Same class of certified seed crop of same variety Monoecious type registered •Different varieties of the same type of hemp (monoecious or female hybrid) 6,460 3,320 •Seed crop of same variety that meets registered standards Monoecious type certified 3,230 •Different varieties of the same type of hemp (monoecious or female hybrid) •Planted with certified seed of the same variety that meets certified standards for varietal purity

2.Specific field standards.

a.Roguing to remove undesirable plants must be done before field inspection. Rogued plants must be removed from the field to be harvested.

b.Any combination of impurities may be reason for failing an inspection. Unless otherwise specified by the breeder, an industrial hemp crop for certification must not exceed the limits specified in the following table. Impurities may include harmful contaminants (species capable of cross pollinating with the inspected variety), plants of other varieties or distinct types foreign to the variety being inspected, weeds, or other inseparable crops.

c.The table indicates the maximum number of impurities permitted in approximately ten thousand plants of the inspected crop.

Maximum Impurity Standards per Ten Thousand Plants in Hemp Seed Crops Maximum Number of Dioecious Male Plants Shedding Pollen Maximum Number of Off-Types or Other Varieties Dioecious type foundation-3 Dioecious type registered-10 Dioecious type certified-20 Monoecious type foundation13 Monoecious type registered210 Monoecious type certified10020

N.D. Admin. Code 74-03-16-05 Seed standards

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum)98.0 percent98.0 percent98.0 percent Total weed seeds (maximum)0.10 percent0.10 percent0.10 percent Other varieties0.005 percent0.01 percent0.05 percent Other crop seeds (maximum)0.01 percent0.03 percent0.08 percent Inert matter (maximum) *2.0 percent2.0 percent2.0 percent Prohibited noxious weed seedsnonenonenone Other kinds **0.10 percent0.03 percent0.07 percent Germination80.0 percent80.0 percent80.0 percent *Inert matter may not include more than 0.5 percent of material other than seed fragments of the variety under consideration. **Other kinds may not exceed 2 per pound for foundation, 6 for registered, and 10 for certified.

History

• History: Effective July 1, 2018.

Chapter 74-03-17 Specific Crop Requirements - Faba Beans

N.D. Admin. Code 74-03-17-01 Land requirements

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.

N.D. Admin. Code 74-03-17-02 Field inspection

Field inspection must be made when the crop is flowering.

N.D. Admin. Code 74-03-17-03 Field standards

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 different varieties of noncertified varieties of faba bean

2.Specific field standards.

FactorFoundationRegisteredCertified Other varieties*1:2,0001:1,0001:500 Inseparable other cropsnone1:2,0001:1,000 Prohibited noxious weeds**nonenonenone *Other varieties include plants that can be differentiated from the variety being inspected, but may not include variants that are characteristic of the variety. **The tolerance for prohibited or objectionable weeds, or both, in the field will be determined by the inspector.

N.D. Admin. Code 74-03-17-04 Seed standards

A seed count is required.

Standards for Each Class FactorFoundationRegisteredCertified Pure seed (minimum) 98.0 percent98.0 percent98.0 percent Total weed seeds (maximum)none1 per pound2 per pound Other varieties*1 per 2 pounds1 per pound2 per pound Other crop seeds (maximum)none1 per pound2 per pound Inert matter (maximum)**2.0 percent2.0 percent2.0 percent Prohibited noxious weed seedsnonenonenone Objectionable weed seedsnonenonenone Germination85.0 percent85.0 percent85.0 percent *Other varieties include plants that can be differentiated from the variety being inspected, but may not include variants that are characteristic of the variety. **Objectionable weed seeds include those of buckhorn, dodder, hedge bindweed (wild morning glory), hoary alyssum, horsenettle, quackgrass, wild oats, wild vetch species, giant foxtail, wild radish, nightshade species, and cocklebur.

Article 74-04 Seed Potato Certification Standards

Chapter 74-04-01 Seed Potato Certification Standards

N.D. Admin. Code 74-04-01-01 Definitions

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 specified in this chapter for seed potatoes. Certification does not mean or constitute any warranty or representation that the potatoes are of the variety or selection identified on the label, merchantable, disease free, fit for a particular purpose or anything other than that the potato crop was inspected and that at the time of inspection did meet the standards set forth in this chapter.

3."Damaged by soil" means that the individual potato has more than fifty percent of its surface affected by light caked soil, or more than fifteen percent of its surface badly caked with soil.

4."Dry land type", as allowed for long varieties only, means not seriously misshapen.

5."Except for shape", as allowed for long varieties only, means the potatoes may be seriously misshapen.

6."Experimental cultivar" means a numbered cultivar or cultivar that has not yet been released from a breeding program or has been produced under experimental conditions.

7."Field year" means the time which is required for the potato plant to complete the growing cycle from planting in the field until maturity.

8."Foundation seed" means a primary source of a genetically identified variety from which increases are made.

9."Grade" refers to the tuber quality, condition, and size factors as specified in this chapter.

10."Inspection" means visual examination or observation of sample plants or tubers.

11."Label" means an official tag or bulk certificate used to identify certified seed.

12."Latent diseases" means diseases not detectable by visual inspection.

13."Lightly caked with soil" means approximately one-eighth of an inch [3.18 millimeters] in depth.

14."Micropropagation" means the aseptic production of potato plantlets, tubers, or sprouts utilizing meristem culture.

15."Off type" means potato plants in a field that deviate in one or more characteristics from that which is usual in the variety being grown, or different from the cultivar, variety, strain, or selection stated on the grower application for certification.

16."Plant Variety Protection Act" means a federal Act passed in 1970 which gives the owner of a novel variety the exclusive right to produce and market that variety.

17."Prenuclear seed" means plantlet propagation source resulting from the use of aseptic propagation techniques either in the laboratory or controlled environment.

18."Seed potatoes" means Irish potato tubers to be used for planting.

19."Seed warehouse" means a building for seed potato storage that is separate in structure and foundation from a commercial potato storage unit.

20."Selection" means a subgroup of a variety of potato. Commonly used terms include line selection, clonal selection, or strain selection.

21."Seriously damaged by soil" means a potato having caked soil on more than one-half of the surface or an equivalent amount of soil in excessively thick chunks on a lesser area.

22."Tolerance" means a permissible allowance for such factors as disease, grade defects, and varietal mixture.

23."Variety" means a plant group within a single botanical taxon of the lowest-known rank which, without regard to whether the conditions for plant variety protection are met, can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant grouping by the expression of at least one characteristic, and considered as a unit with regard to the suitability of the plant grouping for being propagated unchanged. A variety may be represented by transplants, plants, tubers, tissue culture, plantlets, and other matter.

24."Virus tested" means tested for latent viruses by methods established by the state seed department.

25."Zero tolerance" means that no amount is permissible. It does not mean that the seed is absolutely free of a disease or disease-causing agent, grade defect, or varietal mixture, but that none was found during inspection.

History

• History: Amended effective December 1, 1981; December 1, 1987; September 1, 1997; September 1, 2002; January 1, 2005; January 2, 2006; July 1, 2007.
• Law Implemented: NDCC 4.1-55-01

N.D. Admin. Code 74-04-01-02 General requirements and responsibilities

1.Participation and responsibility.

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 and regulations will be done by the state seed department.

(2)Applicants' responsibilities. The farming, sanitation practices, storing, and packing will be the grower's responsibility. It is the responsibility of the applicant to maintain genetic purity and identity at all stages of certification, including planting, harvesting, storing, and handling. Evidence that any lot of seed has not been protected from contamination that might affect genetic purity or is not properly identified shall be cause for possible rejection of certification.

2.General requirements.

a.Potatoes to be eligible for the program shall have been in a certification program and winter tested for eligibility.

b.Fields will pass two or more inspections given by visual examination of a representative sample of the plants which method and size of sample will be determined by the state seed department.

c.Fields passing inspection will be stored in a seed warehouse and sorted to grade at shipping time.

d.Responsibility for the quality of work done in sorting the potatoes falls upon the grower or a thoroughly qualified agent authorized by the grower.

e.Requirements for certification are not complete on any lot of eligible potatoes until properly labeled as described in this chapter. Official labels will be provided to the grower by the state seed department in hard copy or electronic form. Official seed grade inspections are compulsory for seed shipped out of state. Grade inspection is voluntary for intrastate shipments. For those shipments that are not inspected, or that fail to meet grade standards described in section 74-04-01-11, the label must state "no grade".

f.The responsibility for properly and accurately labeling foundation or certified seed rests with the grower of the seed. The labels will be issued to the purchaser only on order or authorization from the grower, who must provide to the purchaser a proper and accurate label for each container or load of seed at the time of delivery. Labels must not be applied to stock other than that indicated on the tags or bulk certificates. Bulk shipments, by truck or railcar, when thoroughly disinfected, may be considered the container.

g.The seed label must contain the following information:

(1)Year in which the crop was produced.

(2)Grower/labeler's name.

(3)Variety.

(4)Field year.

(5)Class.

(6)Certification or application number of the seed lot.

(7)Total amount in container represented by cwt.

h.Resorting or regrading. If a lot of potatoes fails to meet certified seed grade requirement upon inspection, they are to be reconditioned to meet the requirement or the official labels must be removed.

i.Reconditioning while in transit. In the case of any circumstance making it essential to recondition seed in transit, permission must be obtained from the state seed department.

j.Latent virus testing. Serological testing for latent viruses shall be voluntary and a requirement for only virus-tested seed. Virus-tested seed meeting established tolerances may be indicated on the label.

k.Upon the discretion of the state seed department, potato seed lots originating from out of state may be subjected to a laboratory test, by a seed department-approved laboratory, for the detection of seedborne pathogens. Eligibility for recertification of any seed lot so tested must be based on that laboratory test. Additional documentation, including health certificates or summer or winter, or both, field readings, may be required by the seed department prior to acceptance for recertification in this state.

l.Failure to comply with any of the requirements of this chapter may be cause for rejection or cancellation of the lot or the certification of any seed as seed potatoes.

3.No person may disclaim responsibility of the vendor of the seed for the data or information on the label required by law and any such disclaimer of vendor's express or implied warranty is invalid.

4.Violations. The state law specifically states the use of the term "certified" or the term "registered" or any term or terms conveying a meaning substantially equivalent to the meaning of any said terms, either orally or in writing, printing, marking, or otherwise in reference to or in connection with or in advertising or characterizing or labeling seed potatoes or the containers thereof is prohibited, unless such potatoes shall have been duly inspected and certified pursuant to the provisions of the law.

October 1, 2012; July 1, 2018; July 1, 2020.

History

• History: Amended effective December 1, 1981; June 1, 1992; January 2, 2006; July 1, 2007;

N.D. Admin. Code 74-04-01-03 Exclusion of warranty and limitation of remedy

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 grower's or owner's responsibility. Neither the producer, the seller, the North Dakota seed commission, the seed commissioner, or the commissioner's employees make any warranty or representation of any kind, express or implied, as to the quantity or quality of the crop produced from certified seed, including merchantability, fitness for a particular purpose, or absence of disease, or varietal or selection identity.

The only representation is that the seed potatoes were produced, graded, packed, and inspected under the seed certification rules and regulations of the North Dakota state seed department.

History

• History: Amended effective December 1, 1981; July 1, 2007.
• Law Implemented: NDCC 4.1-55-12

N.D. Admin. Code 74-04-01-04 Application fees and restrictions

1.Application for field inspection must be received in the state seed department, 1313 18 th 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 the fees and all due accounts must accompany the applications.

3.Applications are subject to cancellation in the case of crop failure or other valid reason and the application fee, minus a cancellation fee will be returned if the request reaches the state seed department before the inspector arrives in the general locality of the field. However, in such a case, the crop must be plowed under or destroyed so as not to create a disease hazard.

4.Separate application forms are required for latent virus testing.

5.Loss by drown outs, if over twenty-five percent of the field, will be allowed after the first inspection only. No adjustments will be made thereafter.

6.Fee schedules for field inspection, grade inspection, latent virus testing, cancellation fees, and late penalties are subject to change and available at the state seed department.

7.Prompt payment of all fees will be required at all times.

8.Additional testing costs such as laboratory tests will be assessed at costs to the grower.

September 1, 2002; July 1, 2018; July 1, 2020; October 1, 2024.

History

• History: Amended effective December 1, 1981; December 1, 1987; June 1, 1992; September 1, 1997;

N.D. Admin. Code 74-04-01-05 Seed potato farm requirements

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 under growing agreements, with separate equipment and storages being the primary consideration to the seed department in determining the eligibility of applicants as seed farms. Separate legal entities, if determined by the seed commissioner to be associated or affiliated with a commercial potato farming operation, are not eligible for entry into the certification program.

2.All equipment and storages in the potato operation must be used only on the acreage [hectarage] entered for certification.

3.Parts of fields will not be accepted or certified without the prior approval of the commissioner.

4.Boundaries of certified seed potato fields must be clearly defined. Adequate separation from uncertified fields must be maintained and are the responsibility of the certified seed potato grower. The definition of adequate separation is at the discretion of the state seed department or its representative. Field separation of a certified field from an uncertified field must be established prior to the second inspection.

5.Seed potatoes will not be planted on ground that was cropped to potatoes the previous year, unless the ground is fumigated.

6.Strips or markers are required between seed lots and varieties.

7.Equipment and storages must be thoroughly cleaned and disinfected at least once annually.

8.All cull piles in the farming operation must be properly destroyed.

9.The adequacy of seed farms in meeting all criteria for eligibility is determined by onsite inspection by and at the discretion of seed department personnel.

January 2, 2006; October 1, 2024.

History

• History: Amended effective December 1, 1981; June 1, 1992; September 1, 1997; September 1, 2002;

N.D. Admin. Code 74-04-01-06 Seed eligibility

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 observational basis but only after they have been laboratory tested and only with prior approval from the state seed department. The cost of laboratory testing will be borne by the applicant. The same field inspection fee structure will apply to this application.

2.Seed stocks from other sources. Seed lots from sources other than North Dakota will be of the foundation or approved classification and have passed a winter grow-out or laboratory test on a sample of the lot that is equal to or greater than the size of the winter test sample as outlined in this bulletin.

3.Purchase proof must accompany the application to provide sufficient evidence as to origin and quantity of seed. An approved combination of shipping point certificates, affidavits, North American certified seed potato health certificates, or sales receipts will be accepted. The variety or selection declared by the grower will be presumed correct if the documentation provided is valid and acceptable for all other purposes.

4.Individual seed lots will be maintained separately at all times. If separation is not maintained and commingling of lots occurs, each seed lot will automatically advance to the generation and health factors of the oldest or lowest, or both, seed health status of the commingled parts.

5.Any variety protected by patent or the Plant Variety Protection Act must have authorization from the owner.

January 2, 2006; July 1, 2007.

History

• History: Amended effective December 1, 1981; June 1, 1992; September 1, 1997; September 1, 2002;

N.D. Admin. Code 74-04-01-07 Seed classification and limited generation

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 stocks must originate from tissue-culture derived plantlets, minitubers, microtubers, or pathogen-tested stem cuttings. Experimental breeding selections shall originate from pathogen-tested material. The first year of reproduction of these stocks will be regarded as nuclear seed stock. The certified designation will be granted to lots meeting the minimum standards outlined in section 74-04-01-08 and by approval of the commissioner.

Subsequent generations will be regarded as:

a.FY1 (first field year) is the progeny of nuclear seed.

b.FY2 (second field year) is the progeny of FY1.

c.FY3 (third field year) is the progeny of FY2.

d.FY4 (fourth field year) is the progeny of FY3.

e.FY5 (fifth field year) is the progeny of FY4.

f.FY6 (sixth field year) is the progeny of FY5.

g.Certified class (seventh field year) is the progeny of FY6.

3.Prenuclear seed stocks intended to be grown in the greenhouse as minitubers, microtubers, or stem cuttings must be laboratory-tested, be demonstrated to be free of the following pathogens, and meet the following standards:

a.Clavibacter michiganensis subsp. sepedonicus (ring rot).

b.Erwinia carotovora (blackleg and soft rot).

c.Potato virus A.

d.Potato virus M.

e.Potato virus X.

f.Potato virus Y.

g.Potato leafroll virus.

h.Potato spindle tuber viroid.

i.Potato mop top virus.

j.All micropropagation production must be approved by a certification agency.

k.Good records must be maintained on all tests and submitted with the application for field inspection.

l.A minimum of one percent of the plantlets must have been tested for the above pathogens using the most reliable testing techniques.

4.Basic seed must originate from sources described above and developed in seed plots and have met specific field inspection and winter test standards established by the state seed department. Seed stocks will be grown a limited number of field years.

Experimental cultivars under evaluation by the state seed department in cooperation with universities or industry will meet program requirements of and will be maintained under guidelines and standards established by the state seed department. Seed stocks will be grown a limited number of field years.

5.Foundation class seed must be seed meeting standards for recertification.

a.Foundation seed will be produced on farms found to be free of bacterial ring rot for three years. All seed stocks must be replaced on a farm in which bacterial ring rot has been found.

b.Excessive blackleg symptoms will be cause for rejection as foundation stock.

6.The certified class must meet the minimum field tolerances described in section 74-04-01-08.

The classification serves as a quality standard for commercial planting purposes only and must meet all the requirements and responsibilities of this chapter. The certified class designation may be applied to any field year under the criteria set forth in section 74-04-01-07.8.

7.Field year designations increase with years of field reproduction from the original seed source.

Field year five (FY5) will be the final generation of seed eligible for recertification. The certified seed class is not eligible for recertification. If seed availability is low for a specific potato variety, seed lots with more advanced generation numbers may be eligible for recertification providing the seed lot has passed a winter test and prior approval of the state seed department has been obtained.

8.Except for varietal mixtures, seed lots may be downgraded and placed in the certified class and sold by their field year designation as certified seed providing they meet the specifications for that class. Disease tolerances for each field year of seed are outlined in the section on field inspection standards.

September 1, 1997; July 16, 2001; September 1, 2002; January 1, 2005; January 2, 2006; July 1, 2010;

July 1, 2020; October 1, 2024.

History

• History: Effective December 1, 1981; amended effective December 1, 1987; June 1, 1992;

N.D. Admin. Code 74-04-01-08 Field inspection standards

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 express readily visible symptoms of a disease, laboratory testing may be done for the pathogen.

2.The field tolerance established will be based on visible symptoms in the samples inspected.

Diseases which cannot be observed visually may be present.

First Inspection Tolerances (%) Foundation Class Field Year Certified Class Field Year 1234560-6 Varietal mixture0.10.20.30.50.50.50.5 Spindle tuber viroid0.00.00.00.00.00.00.0 Severe mosaics (PVY)0.20.30.40.50.50.52.0 Leaf roll (PLRV)0.20.30.40.50.50.52.0 Total serious virus0.20.30.40.50.50.52.0 *Bacterial ring rot0.00.00.00.00.00.00.0 Second and All Subsequent Inspections Tolerances (%) Foundation Class Field Year Certified Class Field Year 1234560-6 Varietal mixture0.10.10.20.30.30.30.3 Spindle tuber viroid0.00.00.00.00.00.00.0 Severe mosaics (PVY)0.00.10.20.30.30.32.0 Leaf roll (PLRV)0.00.10.20.30.30.32.0 Total serious virus0.00.10.20.30.30.32.0 *Bacterial ring rot0.00.00.00.00.00.00.0 Late blight found during field inspection must be confirmed by symptoms or laboratory diagnosis before being reported on the inspection report. * The zero tolerance means that no amount is permissible when inspected. It does not mean that the seed is absolutely free of disease or disease-causing agents, but that none was found during inspection.

Varieties that do not express visible disease symptoms. Potato varieties that do not express visible disease symptoms of a specific pathogen may be subjected to a laboratory test to determine the levels of the pathogen in a seed lot. This testing may occur during the growing season or during the winter test, or both, and may affect eligibility of the seed lot.

Ring rot. Seed fields will be subject to a third (final) field inspection focused primarily on inspection for symptoms related to ring rot. If the field has not received a third inspection, the grower will be required to submit a four hundred tuber sample (minimum) per field for laboratory testing.

Blackleg. Since the blackleg disease may be latent, the inspector will record only the percentage observed during the first and second inspection, and no tolerance will be established. However, any excessive amount can be cause for rejection. Blackleg observations shall be based upon sample plants exhibiting the characteristic black, inky, soft, slimy, decomposed tissue of the stem.

Wilt. Only the percentage noted will be recorded on the first and second inspection, and may include other factors such as maturity, drought, or alkali problems but any excessive amount may be cause for rejection.

There will be zero tolerance for potato wart, corky ring spot, gangrene, golden nematode, root knot nematode, tuber moths, or other such injurious pests that have never been found and confirmed in North Dakota seed potato fields.

Tolerances for potato virus x tested seed. All of the above tolerances will apply, including a requirement that bacterial ring rot must not have been found on the farm during the season. Seed lots with no more than two percent potato virus x infection may be identified as virus x tested on certification labels.

3.Field conditions.

a.Insect control must be maintained early and until the vines are killed or matured. Fields suffering excessive insect injury may be disqualified for certification. A grower will notify the inspector of the date of spraying and spray material applied.

b.Vine killing. If a field has not received final inspection, the grower must obtain approval from the inspector before killing the vines. Furthermore, if the inspector deems it appropriate, a laboratory test may be required or strips of unkilled vines must be left in the seed fields to facilitate final inspections, or both. When strips are left for inspection, the first twelve rows (if a six-row planter was used, eight rows if a four-row planter was used) must not be vine-killed. It will be the responsibility of the seed producer to identify where seed planting began. Approximately ten percent of the seed field acreage must be left in strips.

c.Any condition such as excess weeds, hail injury, foreign plants, chemical damage, soil conditions, or insect damage that interferes with proper inspection may disqualify the seed for certification.

d.Roguing is permitted and recommended in many cases but must be done before the inspector arrives in the field.

e.Presence of disease or conditions not mentioned heretofore which may impair seed quality shall constitute cause for rejection or additional testing before final certification.

Stocks which show an excessive percentage of total serious virus in official postharvest tests shall be considered ineligible for certification.

4.Appeal. Inspection of rejected fields will be considered, provided application is made within three days after rejection, the field is in good condition for inspection, and no additional roguing is done prior to reinspection.

5.Bacterial ring rot control.

a.All seed produced by a farming operation in which bacterial ring rot has been found will be ineligible for recertification the following year.

b.If the farming operation is found to be infected, all equipment and storages must be cleaned and disinfected.

c.A farming operation found to be infected on three consecutive years shall be required to purchase all new seed, clean, and disinfect the operation under the supervision of the state seed department before entering any seed for certification.

6.The variety name stated on the application will be the standard for inspection when entering the field. Absent compelling visual evidence to the contrary, the variety or selection declared by the grower will be presumed correct if the documentation provided is valid and the variety description characteristics meet the requirements of the chapter.

7.Inspections, tests, certifications, and other acts are not intended to induce reliance on the seed department's inspections, certifications, or any other action or inaction for any purpose relating to quantity or quality of the seed or crop produced, fitness for purpose, merchantability, absence of disease, or variety or selection identification. Certification means only that the potatoes were randomly inspected, and at the time of the inspection the field or seed lot met the rules of the department.

October 1, 2024.

History

• History: Effective December 1, 1981; amended effective June 1, 1992; September 1, 1997; July 16, 2001; September 1, 2002; January 2, 2006; July 1, 2007; July 1, 2010; October 1, 2012; July 1, 2020;

N.D. Admin. Code 74-04-01-09 Postharvest testing program

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 virus or less during field inspections are eligible for postharvest testing.

2.The results must be based on visual inspection of the plants for virus or viruslike symptoms from the sample the grower submitted. However, laboratory testing may be used on varieties that have slight or latent symptoms.

3.Other factors such as vigor, other diseases, and any factor that might impair seed quality will be considered in the postharvest testing program.

4.Information concerning sample size and time to submit samples will be available from the state seed department.

5.Lots failing the postharvest test may be ineligible for planting in the certification program.

6.In the event of frost or other serious malfunctions of the postharvest grow-out test, eligibility of a seed lot will be based on the current field readings or a laboratory test at the discretion of the state seed department.

7.Seed lots showing excessive amounts of virus in the postharvest test may be disqualified for final certification. The level at which to disqualify the lot will be established by the seed commissioner.

September 1, 1997; January 2, 2006; October 1, 2012; October 1, 2024.

History

• History: Effective December 1, 1981; amended effective December 1, 1987; June 1, 1992;

N.D. Admin. Code 74-04-01-10 Storage and packaging requirements

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 only seed potatoes which have been field-inspected. Such warehouses may contain field-inspected stocks rejected for seed certification for causes other than such diseases as ring rot.

3.Equipment for handling, sorting, or grading can be used only on certified stock, but also must be cleaned and disinfected.

4.Containers.

a.Graded stocks must be placed in new sacks, clean crates, totes, or bulk containers which are labeled in an approved manner to indicate the lot contains certified seed potatoes.

b.Brands or markings must feature "North Dakota" as the production area.

c.No used bags may be brought into the farming operation.

d.It is highly recommended that all containers be disinfected for the grower's own protection.

5.Out-of-state storage. Growers, upon special application, may be permitted final certification on eligible stocks in approved nearby storages outside the state.

6.Bin inspection. Certified storages may be checked by an authorized inspector during the storage season.

7.Yield and storage reports. A report will be given to the state seed department stating yield of each field entered for certification and the location of the storages.

8.Transfers of seed potatoes to other parties. A lot of seed potatoes eligible for final certification may be transferred to another party along with labels provided authorization is given by the state seed department and the grower.

9.Each bin containing certified seed potatoes must be plainly labeled for certification with the grower's name and address, hundredweight [45.36 kilograms] or bushels [35.24 liters], variety, and field identification.

10.All basic and foundation seed lots and other seed lots intended for recertification must be stored in identifiable, clearly separated bins. Bins containing two or more seed lots of a variety without a divider or some other method of separation will be downgraded to the appropriate generation or disease tolerance level.

September 1, 1997; October 1, 2012; October 1, 2024.

History

• History: Effective December 1, 1981; amended effective December 1, 1987; June 1, 1992;

N.D. Admin. Code 74-04-01-11 Official North Dakota seed potato grades

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 federal grade certificate.

United States department of agriculture revised standards, effective March 2012, for seed potatoes shall be the official guide for applying and interpreting all definitions and terms used in North Dakota seed potato grades. Grade inspection will be made on a sample basis.

1.First grade blue tag seed potatoes shall consist of unwashed potatoes of one variety which must meet the following requirements:

a.Shape. Fairly well-shaped except for long varieties.

(1)Dryland type (see definitions section 74-04-01-01).

(2)Except for shape (see definitions section 74-04-01-01).

b.Free from:

(1)Freezing injury.

(2)Blackheart.

(3)Soft rot and wet breakdown.

(4)Late blight tuber rot.

(5)Bacterial ring rot.

(6)Nematode or tuber moth injury.

(7)Fresh cuts or fresh broken-off second growth.

c.Free from serious damage caused by:

(1)Hollow heart.

(2)Vascular ring discoloration.

(3)Wireworm.

(4)Growth cracks.

d.Free from damage by soil and other causes (see definitions section 74-04-01-01 and classification of defects, section 6, tables I and II of section 74-04-01-11).

e.Size:

(1)Minimum size, unless otherwise specified, must be one and one-half inches [38.1 millimeters] in diameter.

(2)Maximum size may not exceed twelve ounces [340.2 grams] for round-shaped or intermediate-shaped varieties and fourteen ounces [396.9 grams] for long varieties.

(3)For all varieties, size B must be from one and one-half inches [38.1 millimeters] to not more than two and one-quarter inches [57.1 millimeters] in diameter.

f.Tolerances. In order to allow for variations incident to proper grading and handling in the foregoing grade, the following tolerances, by weight, are provided as specified:

(1)For defects:

(a)Ten percent for potatoes in any lot which are seriously damaged by hollow heart.

(b)Ten percent for potatoes in any lot which are damaged by soil. (see definitions

section 74-04-01-01).

(c)Five percent for potatoes in any lot which are seriously damaged by vascular ring discoloration.

(d)Potatoes affected by silver scurf are not grade factors.

(e)Not more than ten percent of the potatoes seriously damaged by wireworm.

(f)Eleven percent for potatoes which fail to meet the remaining requirements of grade, including therein not more than six percent for external defects and not more than five percent for internal defects; provided that included in these tolerances not more than the following percentages shall be allowed for the defects listed:

Percent Bacterial ring rot0.00 Late blight tuber rot1.00 Damage by dry-type or moist-type fusarium tuber rot2.00 Nematode or tuber moth injury0.00 Frozen, soft rot, or wet breakdown0.50 Varietal mixture0.50 (2)For off-size:

(a)Undersize. Five percent for potatoes in any lot which fail to meet the required or specified minimum size.

(b)Oversize. Ten percent for potatoes in any lot which fail to meet the required or specified maximum size.

2.Second grade yellow tag potatoes shall consist of unwashed potatoes that meet the requirements for blue tag grade except for defects caused by hollow heart, wireworm, internal discoloration, firmness, sprouts, and sunken, flattened, or depressed areas with or without underlying flesh discolored, and are not seriously damaged by soil and for increase in maximum size, and for increased tolerance for defects listed below:

Tolerances.

a.For defects:

(1)Twenty percent for potatoes seriously damaged by hollow heart.

(2)Firmness, sprouts, wireworm, internal discoloration, sunken, flattened, or depressed areas with or without underlying flesh discolored and growth cracks are not grade factors.

(3)Twenty percent for potatoes which fail to meet the remaining requirements of the grade; provided, that included in this amount not more than six percent shall be seriously damaged and included therein not more than one-half of one percent shall be allowed for potatoes which are frozen or affected by soft rot or wet breakdown.

b.Size. Maximum size, unless otherwise specified may not exceed fourteen ounces [396.90 grams] for round-shaped or intermediate-shaped varieties and sixteen ounces [453.60 grams] for long varieties.

3.White tag. The white tag North Dakota-certified seed potato grade shall consist of certified seed potatoes of one variety that are graded according to agreement between the seller and the purchaser as to size and defects, except that not more than one-half percent of soft rot, fozen, or wet breakdown and two percent dry rot, of which not more than one percent late blight tuber rot is allowed. Import requirements may be considered an agreement. The official label must be used and marked as white tag.

4.The blue tag, yellow tag, or white tag grade designation may not be used on the official label unless the seed has been grade inspected. Noninspected seed must be labeled "no grade".

5.Application of tolerances. Individual samples may not have more than double the tolerances specified, except that at least one defective and one off-size potato may be permitted in any sample; provided that en route or at destination, one-tenth of the samples may contain three times the tolerance permitted for potatoes which are frozen or affected by soft rot or wet breakdown; and provided, further, that the averages for the entire lot are within the tolerances specified for the grade.

6.Samples for grade and size determination. Individual samples shall consist of at least twenty pounds [9.06 kilograms]. The number of such individual samples drawn for grade and size determination will vary with the size of the lot.

7.Classification of defects.

a.Brown discoloration following skinning, dried stems, flattened depressed areas (showing no underlying flesh discoloration), greening, skin checks, and sunburn do not affect seed quality and may not be scored against the grade.

b.Table I - External defects.

DAMAGE

DefectWhen materially ORWhen removal causes a loss of more than 5 percent of the total weight of the potato Air cracks x Bruisesx Cuts and broken-off second growth (healed)xx Elephant hide (scaling)x Enlarged, discolored, or sunken lenticelsx Folded endsx Second growthx ShrivelingWhen more than moderately shriveled, spongy, or flabby.

SproutsWhen more than 20 percent of the potatoes in any lot have any sprout more than 1 inch [25.4 millimeters] in length.

Surface crackingxx Flea beetle injuryxx Grub damagexx Rodent and/or bird damagexx Wireworm or grass damageAny hole more than 3/4 inch [19.1 millimeters] long or when the aggregate length of all holes is more than 1 1/4 inches [31.8 millimeters]

Dry-type or moist-type fusarium rotx Rhizoctoniax Scab, pittedxx Scab, russetWhen affecting more than 1/3 of the surface.

Scab, all surfaceWhen affecting more than 5 percent of the surface.

Growth cracksWhen seriously appearance.

Pressure bruises and sunken When removal causes a loss of areas with underlying flesh discolored more than 10 percent of the total weight.

Definitions of damage and serious damage are based on potatoes that are two and one-half inches [63.5 millimeters] in diameter or six ounces [170.10 grams] in weight. Correspondingly lesser or greater areas are permitted on smaller or larger potatoes.

c.Table II - Internal defects.

DAMAGE

DefectWhen materially OR When removal causes a loss of more than 5 percent of the total weight of the potato Ingrown sproutsx Internal discoloration occurring interior to the vascular ring (such as, internal brown spot, mahogany browning, and heat necrosis).

When more than the equivalent of three scattered light brown spots 1/8 inch [3.2 millimeters] in diameter All other internal discoloration, excluding dis- coloration confined to the vascular ring. x SERIOUS DAMAGE Defect When seriously OR When removal causes a loss of more than 10 percent of the total weight of the potato Internal discoloration confined to the vascular ring. x Hollow heart or hollow heart with discoloration.

When affected area exceeds that of a circle 3/4 inch [19.1 millimeters] in diameter Definitions of damage and serious damage are based on potatoes that are two and one-half inches [63.5 millimeters] in diameter or six ounces [170.10 grams] in weight. Correspondingly lesser or greater areas are permitted on smaller or larger potatoes.

8.Classification and serologically tested stocks.

a.Foundation seed classification may be indicated on the lab provided the lot meets foundation standards.

b.Serologically tested stocks for potato virus x, potato virus s, potato virus y, potato virus a, or potato virus m may be so indicated on the label if within the specified tolerance during the current growing season.

9.Grade inspections are not intended to induce growers' or producers' reliance regarding the presence or absence of disease, the identity of the variety or selection, quantity, or quality of the seed or crop produced or the fitness of the seed.

Blue tag, yellow tag, and white tag shipments must be inspected and meet respective grade requirements.

History

• History: Effective December 1, 1981; amended effective June 1, 1985; December 1, 1987; June 1, 1992; September 1, 1997; July 16, 2001; September 1, 2002; January 2, 2006; July 1, 2007; July 1, 2010; October 1, 2012.
• Law Implemented: NDCC 4.1-55-02, 4.1-55-03

Article 74-05 Wholesale Potato Dealers

Chapter 74-05-01 Wholesale Potato Dealer Requirements

N.D. Admin. Code 74-05-01-01 Definition of wholesale potato dealer

N.D. Admin. Code 74-05-01-02 Persons excluded from application of chapter

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.

History

• Law Implemented: NDCC 4.1-57-02

N.D. Admin. Code 74-05-01-03 License fee. 74-05-01-03.1. License fee

The annual license fee is two hundred dollars. All licenses expire on June thirtieth.

History

• History: Effective July 1, 2007.
• Law Implemented: NDCC 4.1-57-06

N.D. Admin. Code 74-05-01-04 Bond - Fee - Exemption

N.D. Admin. Code 74-05-01-05 Dealer responsible for acts of agents

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.

N.D. Admin. Code 74-05-01-06 Time limit for payment

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 is specified.

History

• History: Amended effective January 1, 2005.

N.D. Admin. Code 74-05-01-07 Contracts - Confirmation

Repealed effective January 1, 2011.

N.D. Admin. Code 74-05-01-08 Complaints

N.D. Admin. Code 74-05-01-09 Claims against bonds

No person delivering potatoes to a licensed dealer shall be entitled to the benefits of any required financial instrument unless the person shall have filed the person's claim therefore with the seed commissioner within three hundred sixty days after the delivery of the person's potatoes to the principal in the case of a sale, or within three hundred sixty days after the sale by the principal in the case of potatoes received on consignment.

History

• History: Amended effective June 1, 1998; January 1, 2005; July 1, 2007.

N.D. Admin. Code 74-05-01-10 License suspension, revocation, or cancellation

Article 74-06 Commodity Standards

Chapter 74-06-01 Rapeseed

N.D. Admin. Code 74-06-01-01 Class

Rapeseed (Brassica campestris and B. napus) shall consist of fifty percent or more of whole seed of rapeseed before removal of dockage and is graded without reference to class or variety.

N.D. Admin. Code 74-06-01-02 Determination of dockage

1.Determination by hand sieves shall be by 6x22, 6x21, 6x20, 6x18 mesh per inch [2.54 centimeters] wire sieves and 5/64, 5.5/64, 6/64, 6.5/64, 7/64, 7.5/64 inch round hole sieves.

2.Determination by machine shall be by the Carter dockage tester for aspiration.

a.Dockage determination shall be made on the basis of a representative portion of five hundred grams of rapeseed cut from the sample as a whole as follows:

(1)The sample is scalped on the appropriate round hole sieve which will achieve maximum removal of large foreign material with minimum loss of rapeseed.

(2)The scalped sample is run over the Carter dockage tester for aspiration using feed 3 and air 5 settings, using the 000 plastic riddle.

(3)The sample is then screened on the wire mesh sieve which achieves maximum cleanout of weed seeds and other foreign material with a minimum loss of reasonably sound rapeseed.

(4)A representative subsample of not less than twenty grams properly divided from the cleaned sample is handpicked for the remaining inseparable foreign matter (matter other than rapeseed) which is easily distinguished by visual inspection.

b.Computation of total dockage shall be as follows:

(1)The percent of dockage removed by the hand sieves and the Carter dockage tester shall be computed on the basis of the sample as a whole. The percentage of dockage removed by handpicking shall first be computed on the basis of the handpicked portion and then on the basis of the percentage of the mechanically cleaned and hand-sieved rapeseed.

For example, if in a given sample, the dockage removed by mechanical means and hand sieves is ten percent, the percentage of mechanically cleaned and hand-sieved seed (or rapeseed) is ninety percent. If the percentage of dockage removed by handpicking is two percent of the handpicked portion, the two percent shall be multiplied by nine-tenths to obtain the percent of handpicked dockage, one and eight-tenths. The percent of mechanically and hand-sieved dockage, ten percent is then added to the handpicked dockage, one and eight-tenths percent to give a total dockage of eleven and eight-tenths percent.

(2)Dockage is assessed to the nearest one-tenth of one percent. The results of individual cleaning procedures will be recorded on the reverse side of the sample tickets.

Example:3.4% 5/64 round holes, 4% 6x21 wire, 1.7% air

N.D. Admin. Code 74-06-01-03 Grading admixtures

1.Conspicuous admixtures: over one percent to three and five-tenths percent inseparable foreign material that is conspicuous, grade Rapeseed, "Rejected Admixture" (Inseparable Seeds) and the excess over two and five-tenths percent is added to the dockage. Samples containing over three and five-tenths percent grade Rapeseed, Samples North Dakota "Admixtures" (Inseparable Seeds).

2.Inconspicuous admixtures refers to common wild mustard and domestic brown mustard seeds. Up to five percent in rapeseed is disregarded in grading. Samples containing in excess of five percent to fifty percent grade Rapeseed, Sample North Dakota "Admixture"

(Inseparable Seeds); over fifty percent including conspicuous admixtures, grade "Refuse Screenings," (Rapeseed).

3.Earth pellets (soft) are handpicked from the cleaned sample and up to two and five-tenths percent are added to the dockage; over two and five-tenths percent grade Rapeseed, Sample North Dakota "Admixture" (Earth Pellets).

4.Sclerotinia Sclerotiorum: in excess of three-tenths percent grade Rapeseed, Sample North Dakota "Admixture" (Sclerotinia).

5.Stones: over five-hundredths percent to two and five-tenths percent grade Rapeseed, Rejected; stones over two and five-tenths percent grade Sample Salvage.

N.D. Admin. Code 74-06-01-04 Soundness

To assess the amount of distinctly green seeds and heat-damaged rapeseed, a minimum of five strips of one hundred seeds each shall be crushed with a roller and examined. The percent of damage shall be based on the crushed count from the cleaned sample.

1."Broken seeds" refers to any broken rapeseed that is not assessed as dockage and otherwise sound is considered as sound.

2."Damaged" includes seeds that are distinctly shrunken or shriveled as from frost, discolored as from mold, completely rimed or excessive weathering, distinctly green seeds, sprouted, heated, or otherwise distinctly damaged seeds.

3."Distinctly green seeds" refers to rapeseed after being crushed, is of a vivid green color throughout the seed.

4."Heat-damaged seed" includes rapeseed and pieces of rapeseed which have been discolored - light tan to charcoal black - and damaged by excessive respiration or any other heating or drying process. Samples containing heated in excess of two percent or having a distinctly heated odor in combination with any heated seeds, grade Rapeseed North Dakota "Heated".

5."Odor" includes sharp, acrid odors usually caused by rapeseed that has gone through a heating condition due to excessive respiration. The determination of odor shall be based on the strips of rapeseed used to determine heat damage, after crushing. Rapeseed that is distinctly sour, musty, or has a commercially objectionable odor will be graded Sample North Dakota "Odor".

N.D. Admin. Code 74-06-01-05 Moisture

Percentage of moisture shall be that ascertained by the air oven or ascertained by any device and method which shall give equivalent results in the determination of moisture. A sound sample shall have a moisture not exceeding ten and five-tenths percent. The sample will be graded "Tough" between ten and six-tenths percent and twelve and five-tenths percent and over twelve and five-tenths percent as "Damp". Where applicable, these terms shall be shown after the grade class.

N.D. Admin. Code 74-06-01-06 North Dakota rapeseed standards - Grading factors - Maximum tolerances

GRADE

No. 1 North No. 2 North No. 3 North Damage- Heated0.1%0.5%2% Damage- Distinctly Green Seeds2%6%20% Damage- Total3%10%20% Admixtures of Foreign Material - Sclerotinia0.1%0.2%0.3% Admixtures of Foreign Material - Stones0.05%0.05% 0.05% Admixtures of Foreign Material - Total Conspicuous Admixtures1% 1% 1% Inconspicuous Admixture *5%5%5% *Includes common wild mustard seed or domestic brown mustard seed, or both.

N.D. Admin. Code 74-06-01-07 Types of analysis on rapeseed

1.Grade determination - Official samples.

(Form CI-1) samples taken by North Dakota state seed department authorized inspectors or samplers licensed by the federal grain inspection service.

2.Grade determination - Submitted samples.

(Form CI-2) samples not officially taken under North Dakota state seed department supervision.

3.Percentage of Admixtures.

(Form - Seed Analysis Report)

Percentage by weight, reported to the nearest one-tenth of one percent of the following:

Mustard, including all wild and domestic species, combined; and Other seeds - all seeds other than the mustard group.

4.Percentage of Mustard Seed.

(Form - Seed Analysis Report)

Total mustard seed, reported to the nearest one-tenth of one percent by weight.

5.Factor Analysis.

Completely rimed seedInfestation Conspicuous admixtureMoisture Distinctly green seedOdor DockageSclerotina Heat-damaged seedStones Inconspicuous admixtureTotal damaged seed

September 1, 2002.

History

• History: Effective September 1, 1979; amended effective May 1, 1988; December 18, 1989;

N.D. Admin. Code 74-06-01-08 Sample size

The minimum sample size is five hundred grams for grading rapeseed. Samples of less than five hundred grams will receive factor analysis on those factors which can be done with the submitted sample size, no grade will be reported.

History

• History: Effective May 1, 1988.

Chapter 74-06-02 Buckwheat

N.D. Admin. Code 74-06-02-01 Classes

Classes of buckwheat include any domestic variety.

History

• History: Effective September 1, 1979.

N.D. Admin. Code 74-06-02-02 Procedure

A representative portion of seven hundred fifty grams is properly divided from the uncleaned sample and passed through the Carter dockage tester with settings as follows:

Slot 1.Oil sunflower riddle Slot 2.No top sieve Slot 3.# 8 sieve 6/64 triangle Slot 4.# 6 sieve 5/64 triangle Set Feed on # 6 Air Control on # 6

N.D. Admin. Code 74-06-02-03 Determination of dockage

1.Determine dockage.

Dockage (Drop fraction or five-tenths percent).

Pan #1 Material over oil sunflower riddle. If any buckwheat is in this pan, remove and return to dockage free buckwheat.

Pan #2 Material over # 8 sieve. This is the dockage free buckwheat.

Pan #3 Material through # 8 sieve. If over fifty percent of dockage, add to dockage. If over fifty percent of cultivated buckwheat, return all of this material to dockage free buckwheat.

Pan #4 Material through # 6 bottom sieve.

Dockage consists of air dockage plus contents of pan #4. Dockage is defined as all matter other than buckwheat which can be removed readily from a test portion of the original sample by use of an approved device in accordance with the procedures prescribed in the Federal Grain Inspection Manual. Dockage ranging from five-tenths percent to nine-tenths percent shall be expressed as five-tenths percent, dockage ranging from one percent to one and four-tenths percent shall be expressed as one percent, and dockage ranging from one and five-tenths percent to one and nine-tenths percent shall be expressed as one and five-tenths percent, etc.

2.Take test weight on dockage free portion (whole and half pounds only).

3.Check sixty gram dockage free portion for foreign material. Foreign material is defined as all other matter other than buckwheat which remains in the sample after the removal of dockage and shrunken and broken kernels.

4.Check sample for foreign odor.

5.Perform a moisture test (two hundred fifty grams sample as a whole).

N.D. Admin. Code 74-06-02-04 Type

The type shall be designated by size, large or small, determined by sizing using an 8/64 x 3/4 slotted sieve, and shall be added to and become part of the grade name, e.g., No. 1 North Dakota Large.

1.The designation is large when at least eighty percent of the buckwheat remains on top an 8/64 x 3/4 slotted sieve. The designation is small when over twenty percent of the buckwheat passes through an 8/64 x 3/4 slotted sieve.

2.The determination of type shall be by a manual or mechanical method.

a.For the manual method, a representative portion of two hundred fifty grams of the cleaned sample is sized using an 8/64 x 3/4 slotted hand sieve nested over a blank tray.

The sample is placed on the sieve and shaken lengthwise of the slots for twenty strokes, a stroke being about twenty centimeters back and forth.

b.For the mechanical method, a representative portion of two hundred fifty grams of the cleaned sample is sized over the Carter dockage tester as follows:

Air - offTop section - (8/64 x 3/4) slotted sieve Feed - # 6Center section - Blank tray Riddle - nil The machine is turned off only after the sample has passed over the sieve.

NOTE: All buckwheat passing through an 8/64 x 3/4 slotted sieve shall be weighed and percentage determined.

History

• History: Effective September 1, 1979.

N.D. Admin. Code 74-06-02-05 Standards for buckwheat

For the purpose of the official grain standards of North Dakota for buckwheat:

GradeMinimum Test WeightMaximum Limits of Foreign Material LargeSmallPercent No. 1 North Dakota45481 No. 2 North Dakota43462 No. 3 North Dakota40424 Sample Grade - Buckwheat which has any commercially objectionable foreign odor, or is musty, sour, or is heating, hot, or otherwise unfit for the higher grades; shall be graded Sample Grade Buckwheat with the inspector's notation as to the quality and condition.

1.Dockage is all matter other than buckwheat which can be removed readily from a test portion of the original sample by use of an approved device in accordance with the procedures prescribed in the Federal Grain Inspection Manual. Dockage ranging from five-tenths percent to nine-tenths percent shall be expressed as five-tenths percent, dockage ranging from one percent to one and four-tenths percent shall be expressed as one percent, and dockage ranging from one and five-tenths percent to one and nine-tenths percent shall be expressed as one and five-tenths percent, etc.

2.Percentages, except in the case of moisture, shall be percentages ascertained by weight.

3.Percentage of moisture shall be that ascertained by the air oven or ascertained by any device and method which give equivalent results in the determination of moisture. Moisture will be shown on certificate (recommended safe storage level is sixteen percent or less).

4.Test weight per bushel [35.24 liters] shall be the weight per Winchester bushel or as determined by any device and method which give equivalent results in the determination of test weight per bushel [35.24 liters] when free from dockage.

5.Foreign material includes all other matter other than buckwheat, which remains in the sample after removal of dockage, and shrunken and broken kernels.

6.All grades may contain three stones per five hundred grams; in excess of three stones per five hundred grams up to two and five-tenths percent grade buckwheat, rejected "grade" account stones; in excess of two and five-tenths percent grade buckwheat, sample salvage.

N.D. Admin. Code 74-06-02-06 Types of analysis on buckwheat

1.Grade determination for official samples.

(Form CI-1) samples taken by North Dakota state seed department authorized inspectors or samplers licensed by the federal grain inspection service.

2.Grade determination for submitted samples.

(Form CI-2) samples not officially taken under North Dakota state seed department supervision.

September 1, 2002.

History

• History: Effective September 1, 1979; amended effective May 1, 1988; December 18, 1989;

N.D. Admin. Code 74-06-02-07 Sample size

The minimum sample size is seven hundred fifty grams for grading buckwheat. Samples of less than seven hundred fifty grams will receive factor analysis on those factors which can be done with the submitted sample size, no grade will be reported.

History

• History: Effective May 1, 1988.

Chapter 74-06-03 Mustard

N.D. Admin. Code 74-06-03-01 Class and subclasses

The one class of mustard is the seed of yellow (Brassica hirta) or oriental or brown mustard (Brassica juncea) which, before the removal of dockage, contains at least fifty percent of these mustard seeds, and not more than ten percent of grains officially graded under the United States Grain Standards Act. The class is divided into four subclasses:

1.Yellow. Any variety of Brassica hirta but not in excess of five percent of brown or oriental mustard, singly or combined, after dockage removal.

2.Oriental. Any variety of Brassica juncea having yellowish seeds, but not in excess of five percent yellow or brown mustard seeds, singly or combined, after dockage removal. Oriental mustard may contain up to five percent seed having brown seedcoats due to staining or weathering.

3.Brown. Any variety of Brassica juncea having brown seeds, but not in excess of five percent yellow or oriental seeds, singly or combined, after dockage removal.

4.Mixed. Any mixture of mustard containing less than ninety-five percent yellow, oriental, or brown, and more than five percent of one subclass or combination of subclasses, after dockage has been removed.

N.D. Admin. Code 74-06-03-02 Terminology and definitions

Terminology used in the "Official United States Standards for Grain", FGIS, USDA, Stock No. 001-016-00104-7 is used as appropriate in these mustard standards to facilitate communication; and equipment used by FGIS is used as possible.

1."Broken seeds" refers to broken, but sound, mustard seeds of any size (or with any portion of seedcoat removed) not removed in the proper determination of dockage.

2."Damaged seeds" includes seeds, except heat damaged seeds, that are shrunken or shriveled as result of frost damage, discolored from excessive weathering that has penetrated the seedcoat, heavily blotched, distinctly green or heated as interpreted from the crushing test, or otherwise distinctly damaged.

3."Distinctly green seeds" refers to seeds having a vivid green color throughout the embryo as observed and recorded after the crushing test.

4."Dockage" refers to all matter removed from the sample using the required standard method of dockage determination. Dockage is reported in percent and added to and made a part of the grade designation after subclass.

5."Foreign material other than dockage" is all material other than mustard seed of the four subclasses after the removal of dockage (includes weed seeds, other grains, earth pellets or stones, sclerotia, "trash", etc.). This total foreign material is composed of:

a.A combination of seeds of cockle (Lychnis spp.), wild mustard (Brassica kaber), and rapeseed (Brassica campestris and B. napus);

b.Other weed seeds than those in subdivision a; and

c.All matter other than mustard or weed seeds of subdivisions a and b.

6."Heat damaged seeds" refers to whole or broken mustard seeds which are discolored light tan to charcoal black by excessive respiration or any other heating or drying process and have a distinct burnt odor after crushing.

7."Moisture percentage" refers to moisture percentage of the seed sample prior to dockage removal.

8."N.D." in the grade designation refers to North Dakota.

9."Odor" of mustard seed of any of the four subclasses should be the natural odor associated with sound seed, and applied favorably to the numerical grades 1 to 4. Any lot of mustard seed having a musty, sour, or otherwise objectionable odor will be graded North Dakota sample grade on account of "odor".

10."Purity" refers to total percentage of the subclasses yellow, oriental, or brown, and to mixed mustard on basis of percentage of mustard seeds required to qualify for the mustard class.

11."Sound seed" refers to whole or broken mustard seed not damaged by heat, sprout, frost, fungi, or otherwise damaged, or which do not appear distinctly green in the "crush" tests. The presence and percentage of distinctly green seeds and heat damaged seeds of mustard will be determined, by crushing with a roller, on a minimum of five strips of one hundred mustard seeds each. The determination will be made on clean seed after dockage removal.

N.D. Admin. Code 74-06-03-03 Samples - Grading and moisture

The representative sample for grading North Dakota mustard will be taken with official probe as required by federal grain inspection service, e.g., ten probes per railcar, or by approved automatic samplers properly installed in grain elevators or terminals, or other approved methods. Grades applied to submitted samples will apply only to the sample submitted, and it will be the responsibility of the sampler to secure a representative sample. Samples for moisture determination will be stored and transported in plastic bags or other airtight containers until official moisture can be determined.

Moisture percentages will be adjusted for temperature as specified by federal grain inspection service.

N.D. Admin. Code 74-06-03-04 Moisture determination

Percentage of moisture shall be determined on the mustard seed sample prior to removal of dockage by the air oven or equivalent instrument or equipment and recorded on the certificate.

N.D. Admin. Code 74-06-03-05 Dockage determination

Dockage determination will be via Carter dockage tester. A minimum of one thousand grams will be used. The riddle and sieve arrangements will be: Feed on #3, for yellow and #2 feed for oriental and brown, air on #7, the 000 riddle, #10 sieve in top sieve carriage, and #11 sieve in middle.

All material, including mustard seeds and unthreshed pods, removed by air, and all material passing over the riddle and the #10 sieve are dockage. All material passing through the bottom #11 sieve will be reclaimed using a 6x21-inch wire sieve for brown and oriental mustard. Material remaining on top of the hand sieve will be placed back in the dockage-free mustard for grading. The fifty percent

rule will apply to all material passing through the hand sieve, that is, if this material is fifty percent or more mustard it is returned to the mustard sample for grading, but if it is less than fifty percent mustard by weight it is placed in dockage and weighted and calculated with air and riddle dockage. (As the production environment or nature of mustard seed of any of the subclasses might change from year to year, the size of the reclaiming hand sieve may need to be changed. If a different sieve is used to reclaim that material passing through the bottom #11 sieve, the size and hole shape of the sieve used must be stated on the certificate.)

N.D. Admin. Code 74-06-03-06 Numerical grading factors

All percentages are determined on weight basis except crushing tests to determine part of damage factor.

GRADE

No. 1 No. 2 No. 3 No. 4 Sample Grade Minimum purity of subclass 99.8%99.5%98.0%95.0%95.0% Heat damaged +0.1%0.2%0.5%1.0%* Damage distinctly green seeds +1.5%1.5%3.5%3.5%** Total damaged seeds +1.5%3.0%5.0%10.0%** Foreign material other than dockage - Yellow:

Cockle, wild mustard and rapeseed, singly or combined +0.1%0.2%0.3%0.7%** Foreign material other than dockage - Brown or Oriental:

Cockle, wild mustard and rapeseed, singly or combined +0.1%0.2%0.7%1.0%** Other weed seeds +0.3%0.5%0.7%1.0% ** Other foreign material +0.1%0.3%0.6%1.0%** Sclerotinia bodies +0.1%0.2%0.3%1.0%** +All percentages are maximum tolerances. *Not applicable to North Dakota mixed mustard. **Sample grade shall be determined as that grade in which any one or more of the grading factors exceeds the maximum tolerances allowed for North Dakota No. 4, and samples having a musty, sour or objectionable odor.

Mustard containing two or more rodent pellets, bird droppings, or an equivalent quantity of other animal filth or broken glass per one thousand grams cut from the sample as a whole shall be graded as North Dakota sample grade. Mustard containing two or more fertilizer pellets in the dockage free sample shall be graded North Dakota sample grade.

History

• History: Effective May 1, 1980; amended effective May 1, 1988.

N.D. Admin. Code 74-06-03-07 Dockage percentages

The percentage of dockage when equal to one-half percent or more shall be stated in terms of half percent, whole percent, or whole and half percent, as the case may be, with other fractions disregarded; that is, all fractions of five-tenths percent are dropped, so five-tenths to nine-tenths percent is reported as five-tenths percent, one percent to one and four-tenths percent is reported as one percent, one and five-tenths percent to one and nine-tenths percent is reported as one and five-tenths percent, etc. All other percentages will be recorded and reported to nearest one-tenth percent.

N.D. Admin. Code 74-06-03-08 Grade designation for North Dakota mustard

The grade designation for mustard shall include in the following order:

1.The letters "N.D.".

2.The number of the grade or "sample grade", the latter considered a numerical grade below No. 4.

3.The subclass of yellow, oriental, brown, or mixed.

4.Dockage percentage if any applicable.

Information determining numerical grade and subclass will be stated on the certificate.

N.D. Admin. Code 74-06-03-09 Grading and factor analysis fees

1.Grade determination for official samples.

(Form CI-1) samples taken by North Dakota state seed department authorized inspectors or samplers licensed by the federal grain inspection service.

2.Grade determination for submitted samples.

(Form CI-2) samples not officially taken under North Dakota state seed department supervision.

3.Factor analysis.

Dockage Heat damaged seed Distinctly green seedTotal damaged seed Moisture Foreign material

History

• History: Effective May 1, 1980; amended effective May 1, 1988; December 18, 1989; September 1, 2002.

N.D. Admin. Code 74-06-03-10 Sample size

The minimum sample size is one thousand grams for grading mustard. Samples of less than one thousand grams will receive factor analysis on those factors which can be done with the submitted sample size, no grade will be reported.

History

• History: Effective May 1, 1988.