reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-09 - Fraudulent and Unethical Sales Practices and Manipulative Conduct › Section 73-02-09-01 - Fraudulent practices

Current through Supplement No. 393, July, 2024
A person who engages in one or more of the following
				  practices has engaged in an "act, practice, or course of business which
				  operates or would operate as a fraud" under North Dakota Century Code section
				    10-04-15 but acts or practices not described in this rule may also be
				  fraudulent.
1. Entering into a transaction with a customer in any
				  security at an excessive price or at a price not reasonably related to the
				  current market price of the security or receiving an excessive commission or
				  profit under the rules of the national association of securities dealers.
2. Contradicting or negating the importance of any
				  information contained in a prospectus or other offering materials with intent
				  to deceive or mislead or using any advertising or sales presentation in a
				  deceptive or misleading manner.
3. For any person, in connection with the offer, sale, or
				  purchase of a security, or the recommendation of an offer, sale, or purchase of
				  a security, to lead a customer to believe that the person is in possession of
				  material, nonpublic information which would impact on the value of the
				  security.
4. In connection with the solicitation of a sale or purchase
				  of a security, engaging in a pattern or practice of making contradictory
				  recommendations to different investors who have similar investment objectives
				  for some investors to sell and others to purchase the same security at
				  approximately the same time, when not justified by the particular circumstance
				  of each investor.
5. Failing to make a bona fide public offering of all the
				  securities allotted to a broker-dealer for distribution by:
a. Transferring securities to a customer, another
				  broker-dealer, or a fictitious account with the understanding that those
				  securities will be returned to the broker-dealer or its nominees;
b. Parking, hiding, delaying, or withholding securities from
				  trading; or
c. Engaging in any unreasonable delay in delivery of
				  securities purchased by any customers or in the payment upon request of free
				  credit balances.
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-09 - Fraudulent and Unethical Sales Practices and Manipulative Conduct › Section 73-02-09-03 - Unethical practices of sales agents

Current through Supplement No. 393, July, 2024
The purpose of this section is to identify practices in the
				  securities industry which are dishonest or unethical. The following must be
				  deemed "dishonest or unethical practices" by an agent, as used in North Dakota
				  Century Code section   10-04-11. This section is not intended to be all
				  inclusive, and thus, act or practices not enumerated herein may also be deemed
				  dishonest or unethical.
1. Engaging in the practice of lending or borrowing money or
				  securities from a customer, or acting as a custodian for money, securities, or
				  an executed stock power of a customer unless the customer is a member of the
				  agent's family and the act or practice is approved in advance by supervisory
				  personnel.
2. Effecting securities transactions not recorded on the
				  regular books or records of the dealer which the agent represents, unless the
				  transactions are authorized in writing by the dealer prior to execution of the
				  transactions.
3. Establishing or maintaining an account containing
				  fictitious information in order to execute transactions which would otherwise
				  be prohibited.
4. Sharing directly or indirectly in profits or losses in the
				  account of any customer without the written authorization of the customer and
				  the dealer which the agent represents.
5. Dividing or otherwise splitting the agent's commissions,
				  profits, or other compensation from the purchase or sale of securities with any
				  person not also registered as an agent for the same dealer, or for a dealer
				  under direct or indirect common control.
6. Engaging in acts or practices specified in subsections 2,
				  3, 4, 5, 6, 9, 10, 14, 15, 16, 17, 21, 23, 24, 25, 26, 27, 28, and 29 of
				  section 73-02-09-02.
General Authority: NDCC 10-04-03
Law Implemented: NDCC 10-04-11
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-03 - Franchise Investment Law › Chapter 73-03-01 - General Provisions › Section 73-03-01-01 - Exemptions

Current through Supplement No. 393, July, 2024
Any offer to sell or sale of a franchise organized and
				  existing under the laws of any state as a nonprofit corporation for the
				  exclusive use and benefit of its own members which satisfies the following
				  conditions is exempt from the registration requirements imposed by North Dakota
				  Century Code section   51-19-03, provided the governing board of the corporation
				  certifies to the securities commissioner by resolution that such conditions are
				  being met:
1. Control and ownership of each member is substantially
				  equal;
2. Membership is limited to those who avail themselves of the
				  services furnished by the organization;
3. Transfer of ownership interest is prohibited or limited;
4. Capital investment receives no return;
5. Members are not personally liable for obligations of the
				  corporation in the absence of a direct undertaking or authorization by them;
6. Services provided to the membership are furnished
				  primarily for the use of the members;
7. Each member and prospective member is provided with the
				  most recent audited financial statements, bylaws, articles of incorporation,
				  rules and regulations, and agreement; and
8. The corporation has had at least twenty-five franchises
				  conducting business at all times during the five-year period immediately
				  preceding the proposed offer or sale of a franchise, or has conducted business
				  which is the subject of the franchise continuously for not less than five years
				  preceding the proposed offer or sale of a franchise.
Any entity which has certified to the securities commissioner
				  that the conditions listed in this section have been met, and which
				  subsequently modifies its structure resulting in one or more of the conditions
				  becoming nonapplicable, shall immediately notify the commissioner of such
				  modification.
This rule does not exempt any individual or entity from the
				  antifraud provisions contained in North Dakota Century Code section   51-19-11.
General Authority: NDCC 51-19-17
Law Implemented: NDCC 51-19-04
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-02 - Seed › Chapter 74-02-01 - Seed Representation and Labeling › Section 74-02-01-02 - Hermetically sealed containers

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-02 - Seed › Chapter 74-02-01 - Seed Representation and Labeling › Section 74-02-01-03 - Flower seed labeling requirements

Current through Supplement No. 393, July, 2024
1.
				Labeling kind and variety or type and performance characteristics of flower
				seeds. The requirements of subsection 2 of North Dakota Century Code section
				4-09-11.1 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 chapter 4-09 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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-02 - Seed › Chapter 74-02-01 - Seed Representation and Labeling › Section 74-02-01-04 - Sale and exchange of seed

Current through Supplement No. 393, July, 2024
The definition of terms used in this section and in North
				  Dakota Century Code section 4-09-15 shall be defined in this section and in
				  North Dakota Century Code section 4-09-01.
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.
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC 4.1-53-57(4),
					 4.1-53-61
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-02 - Seed › Chapter 74-02-01 - Seed Representation and Labeling › Section 74-02-01-06 - Clarification of pure live seed and how it pertains to germination

Current through Supplement No. 393, July, 2024
"Pure live seed" means the product of the percentage of
				  germination plus hard seed and the percentage of pure seed divided by one
				  hundred.
Pure live seed=Purity x germination/100
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC
					 4.1-53-11
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-02 - Seed › Chapter 74-02-02 - Seed Sale › Section 74-02-02-01

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC 4-26-94 4.1 -53-11. 4.1
					 -53-38
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-02 - Seed › Chapter 74-02-02 - Seed Sale › Section 74-02-02-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC 4-2§-94
					 4.1-53-41
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-01 - Seed certification in North Dakota

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-52-10
Law Implemented:
NDCC
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-02 - Purpose of seed certification

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-42,
					 4.1-53-45
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-03 - Eligibility requirement for certification of crop varieties

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-04 - Classes (generation) and sources of certified seed

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-05 - Eligibility of growers

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-42,
					 4.1-53-47
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-06 - Seed eligibility

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-52-10
Law Implemented:
NDCC 4.1-53-42, 4.1-53-44,
					 4.1-53-45
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-07 - Field eligibility and requirements

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-08 - Field management and isolation

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-10 - Fees

Current through Supplement No. 393, July, 2024
Charges for fees and services are subject to change. For
				  current fees contact the state seed department.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC
					 4.1-53-11
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-11 - Seed conditioning, sampling, and laboratory inspection

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-12 - Labeling

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-13 - Preissued certification tags

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-12, 4.1-53-13,
					 4.1-53-44
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-14 - Carryover seed

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-52-10
Law Implemented:
NDCC
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-14.1 - Applicant's responsibility

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-15 - Misuse of certification privileges

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-42, 4.1-53-45,
					 4.1-53-53, 4.1-53-57
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-16 - Approved conditioners

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-17 - Interagency certification

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-01 - General Seed Certification Requirements › Section 74-03-01-18 - Exclusion of warranty

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC
					 4.1-53-59
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-02 - Specific Crop Requirements - Small Grains › Section 74-03-02-01 - Land requirements

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-52-10
Law Implemented:
NDCC 4.1-52-10,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-02 - Specific Crop Requirements - Small Grains › Section 74-03-02-02 - Field inspection

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 4.1-52-10
Law Implemented:
NDCC 4.1-52-10,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-02 - Specific Crop Requirements - Small Grains › Section 74-03-02-03 - Field standards

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-02 - Specific Crop Requirements - Small Grains › Section 74-03-02-04 - Seed standards (wheat - oats - barley - rye - triticale)

Current through Supplement No. 393, July, 2024
Seed count required on wheat, oats, barley, and durum.
Variety identification test required for hard red spring
				  wheat and barley.
Factor
Foundation
Standards for Each Class Registered
Certified
Pure seed (minimum) *
99.0 percent
99.0 percent
99.0 percent
Total weed seeds (maximum)
2 per pound
5 per pound
10 per pound
Other varieties **
1 per 2 pounds
1 per pound
3 per pound
Other crop seeds (maximum)
1 per 2 pounds
1 per pound
3 per pound
Inert matter (maximum) ***
1.0 percent
1.0 percent
1.0 percent
Prohibited noxious weed seeds +
none
none
none
Objectionable weed seeds (maximum) ++
1 per 2 pounds
1 per 2 pounds
1 per pound
Germination +++
85.0 percent
85.0 percent
85.0 percent
*The standard for durum 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, 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.
General Authority:
NDCC 4.1-52-10
Law Implemented:
NDCC 4.1-52-10,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-02 - Specific Crop Requirements - Small Grains › Section 74-03-02-05

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-03 › Section 74-03-03-01

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-03 › Section 74-03-03-02

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-03 › Section 74-03-03-03

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-03 › Section 74-03-03-04

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 4.1-53-11
Law Implemented:
NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-07 - Specific Crop Requirements - Grasses › Section 74-03-07-01 - Land requirements

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-07 - Specific Crop Requirements - Grasses › Section 74-03-07-02 - Field inspection

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-07 - Specific Crop Requirements - Grasses › Section 74-03-07-03 - Field standards

Current through Supplement No. 393, July, 2024
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)
Type
Foundation
Registered
Certified
All cross-pollinated species
C
1,320
660
330
Entirely apomictic strains
A
165
165
82.5
Highly self-fertile species
S
165
165
82.5
4.
				Specific requirements. The maximum field tolerance for other varieties and
				off-type plants of the same species, when recognized, shall be as follows:
Foundation
0.1 percent
Registered
0.5 percent
Certified
1.0 percent
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-07 - Specific Crop Requirements - Grasses › Section 74-03-07-04 - Specific seed standards

Current through Supplement No. 393, July, 2024
other Varieties (Maximum)
Foundation 0.1%
Registered 1.0%
Certified 1.0%
Species
Minimum
Maximum
Type of Reproduction
Percent of Pure Seed F&R
C
Percent Germination F&R
C
Percent Other Crop F&R
C
Percent Other Grass F&R
C
Percent Inert F&R
C
Percent Weed Seed1 F&R
C
Objectionable Weed Seeds 
							 2 Per Pound F&R
C
Smooth Bromegrass
C
90
85
80
80
0.2
0.5
0.1
0.5
10.0
15.0
0.25
0.5
9
13
Timothy
C
99
99
80
80
0.2
0.5
0.1
0.2
1.0
1.0
0.20
0.5
9
13
Crested Wheatgrass
C
90
90
80
80
0.2
1.0
0.1
0.5
10.0
10.0
0.25
0.5
9
13
Intermediate Wheatgrass
C
90
90
80
80
0.2
1.0
0.1
0.5
10.0
10.0
0.25
0.5
9
13
Pubescent Wheatgrass
C
90
90
80
80
0.2
1.0
0.1
0.5
10.0
10.0
0.25
0.5
9
13
Slender Wheatgrass
S
90
90
80
80
0.2
1.0
0.1
0.5
10.0
10.0
0.25
0.5
9
13
Tall Wheatgrass
C
90
90
80
80
0.2
1.0
0.1
0.5
10.0
10.0
0.25
0.5
9
13
Western Wheatgrass
C
85
85
60
60
0.2
1.0
0.2
0.5
15.0
15.0
0.25
0.5
9
13
Canada Wildrye
S
90
85
70
70
0.2
1.0
0.1
0.5
10.0
15.0
0.25
0.5
9
13
Russian WIdrye
C
90
90
80
80
0.2
1.0
0.1
0.5
10.0
10.0
0.25
0.5
9
13
Green Needlegrass
S
90
80
65
65
0.2
1.0
0.1
0.5
10.0
20.0
0.25
0.5
9
13
Creeping Foxtail
C
80
80
80
80
0.2
1.0
0.1
0.5
20.0
20.0
0.25
0.5
9
13
Switchgrass
C
95
90
60
60
0.2
1.0
0.2
0.5
5.0
10.0
0.50
1.0
9
13
Specific seed standards (chaffy seeded species).
other Varieties (Maximum)
Foundation 0.1%
Registered 1.0%
Certified 1.0%
Species
Minimum
Maximum
Type of Reproduction
Percent of Pure Seed F&R
C
Percent Germination F&R
C
Percent Other Crop F&R
C
Percent Other Grass F&R
C
Percent Inert F&R
C
Percent Weed Seed1 F&R
C
Objectionable Weed Seeds 
							 2 Per Pound F&R
C
Sideoats Grama
C & A
50*
30*
0.2
1.0
0.1
0.5
0.5
1.0
9
13
Big Bluestem
C
50*
25*
-
-
0.2
1.0
0.1
0.5
-
-
0.5
1.0
9
13
Sand Bluestem
C
40*
20*
-
-
0.2
1.0
0.1
0.5
-
-
0.5
1.0
9
13
Little Bluestem
C
12*
12*
-
-
0.2
1.0
0.1
0.5
-
-
0.5
1.0
9
13
Indiangrass
C
50*
25*
-
-
0.2
1.0
0.1
0.5
-
-
0.5
1.0
9
13
* Pure Live Seed Index
1 Prohibited noxious weed seeds,
				  including seeds of quackgrass, horsenettle, Johnsongrass, wild garlic, and
				  dodder, are not allowed.
2 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.
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC 4.1-53-11,
					 4.1-53-42
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-07.1 - Specific Crop Requirements - Buckwheat › Section 74-03-07.1-01 - Land requirements

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