North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-00.1 - Definitions › Section 74-03-00.1-01 - Definitions

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC 4.1-53-19, 4.1-53-42,
					 4.1-53-44