reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-15 - SPECIFIC CROP REQUIREMENTS - FLAX › Section 74-03-15-03 - Field standards

Current through Supplement No. 393, July, 2024
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
Factor
Foundation
Registered
Certified
Other varieties *
1:10,000
1:5,000
1:2,000
Prohibited noxious weeds **
none
none
none
*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.
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 74-03-15 - SPECIFIC CROP REQUIREMENTS - FLAX › Section 74-03-15-04 - Seed standards

Current through Supplement No. 393, July, 2024
Standards for Each Class
Factor
Foundation
Registered
Certified
Pure seed (minimum)
99.0 percent
99.0 percent
98.5 percent
Total weed seeds (maximum)
15 per pound
15 per pound
30 per pound
Other varieties (maximum) *
Brown
2 per pound
8 per pound
16 per pound
Yellow
4 per pound
16 per pound
32 per pound
Other crop seeds (maximum)
2 per pound
5 per pound
10 per pound
Inert matter (maximum) **
1.0 percent
1.0 percent
1.5 percent
Prohibited noxious weed seeds ***
none
none
none
Objectionable weed seeds (maximum) +
1 per 2 pounds
1 per 2 pounds
3 per pound
Germination (minimum)
85.0 percent
85.0 percent
85.0 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.
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 74-03-16 - Specific Crop Requirements - Hemp › Section 74-03-16-01 - General requirements

Current through Supplement No. 393, July, 2024
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.
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 74-03-16 - Specific Crop Requirements - Hemp › Section 74-03-16-02 - Land requirements

Current through Supplement No. 393, July, 2024
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.
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 74-03-16 - Specific Crop Requirements - Hemp › Section 74-03-16-03 - Field inspection

Current through Supplement No. 393, July, 2024
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.
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 74-03-16 - Specific Crop Requirements - Hemp › Section 74-03-16-04 - Field standards

Current through Supplement No. 393, July, 2024
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 Crop
Other Crops
Isolation Distance Required
								(feet)
Dioecious type foundation
* Different varieties of hemp
* Noncertified crop of hemp
15,748
* Lower certified class of seed crop of same
								variety
6,460
* Same class of certified seed crop of same
								variety
10
Dioecious type registered
* Different varieties of hemp
* Noncertified crop of hemp
15,748
* Seed crop of s a me variety that meets certified
								standards for varietal purity
5,249
* Seed crop of same variety that meets registered
								standards for varietal purity
3
Dioecious type certified
* Different varieties of hemp
* Noncertified crop of hemp
2,624
* Planted with certified seed of the same variety
								that meets certified standards for varietal purity
656
* Seed crop of same variety that meets certified
								standards for varietal purity
3
Monoecious type foundation
* Dioecious varieties of hemp
* Noncertified crop of hemp
15,748
* Other monoecious varieties
* Lower certified class of seed crop of same
								variety
9,690
* Same class of certified seed crop of same
								variety
16
Monoecious type registered
* Dioecious varieties of hemp
* Noncertified crop of hemp
15,748
* Different varieties of the same type of hemp
								(monoecious or female hybrid)
6,460
* Seed crop of same variety that meets certified
								standards for varietal purity
* Seed crop of same variety that meets registered
								standards for varietal purity
3,320
3
Monoecious type certified
* Dioecious varieties of hemp
* Noncertified crop of hemp
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
656
* Seed crop of same variety that meets certified
								standards for varietal purity
3
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-03 - Seed Certification Standards › Chapter 74-03-16 - Specific Crop Requirements - Hemp › Section 74-03-16-05 - Seed standards

Current through Supplement No. 393, July, 2024
Standards for Each Class
Factor
Foundation
Registered
Certified
Pure seed (minimum)
98.0 percent
98.0 percent
98.0 percent
Total weed seeds (maximum)
0.10 percent
0.10 percent
0.10 percent
Other varieties
0.005 percent
0.01 percent
0.05 percent
Other crop seeds (maximum)
0.01 percent
0.03 percent
0.08 percent
Inert matter (maximum) *
2.0 percent
2.0 percent
2.0 percent
Prohibited noxious weed seeds
none
none
none
Other kinds **
0.10 percent
0.03 percent
0.07 percent
Germination
80.0 percent
80.0 percent
80.0 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.
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 74-03-17 - Specific Crop Requirements - Faba Beans › Section 74-03-17-01 - Land requirements

Current through Supplement No. 393, July, 2024
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.
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 74-03-17 - Specific Crop Requirements - Faba Beans › Section 74-03-17-02 - Field inspection

Current through Supplement No. 393, July, 2024
Field inspection must be made when the crop is
				  flowering.
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 74-03-17 - Specific Crop Requirements - Faba Beans › Section 74-03-17-03 - Field standards

Current through Supplement No. 393, July, 2024
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.
Factor
Foundation
Registered
Certified
Other varieties*
1:2,000
1:1,000
1:500
Inseparable other crops
none
1:2,000
1:1,000
Prohibited noxious weeds**
none
none
none
*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.
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 74-03-17 - Specific Crop Requirements - Faba Beans › Section 74-03-17-04 - Seed standards

Current through Supplement No. 393, July, 2024
A seed count is required.
Standards for Each Class
Factor
Foundation
Registered
Certified
Pure seed (minimum)
98.0 percent
98.0 percent
98.0 percent
Total weed seeds (maximum)
none
1 per pound
2 per pound
Other varieties*
1 per 2 pounds
1 per pound
2 per pound
Other crop seeds (maximum)
none
1 per pound
2 per pound
Inert matter (maximum)**
2.0 percent
2.0 percent
2.0 percent
Prohibited noxious weed seeds
none
none
none
Objectionable weed seeds
Germination
none
85.0 percent
none
85.0 percent
none
85.0 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.
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 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-02 - General requirements and responsibilities

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-03 - Exclusion of warranty and limitation of remedy

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4-10-03
Law Implemented: NDCC
					 4-10-04
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-04 - Application fees and restrictions

Current through Supplement No. 393, July, 2024
1.
				Application for field inspection must be received in the state seed department,
				1313 18t
									h Street North, P.O. Box 5257 , Fargo,
				North Dakota, not later than June fifteenth. There is a three 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.
General Authority:
NDCC 28-32
Law Implemented:
NDCC
					 4.1-55-02
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-05 - Seed potato farm requirements

Current through Supplement No. 393, July, 2024
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.
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.
General Authority: NDCC 4-10-03
Law Implemented: NDCC
					 4-10-04
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-06 - Seed eligibility

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-07 - Seed classification and limited generation

Current through Supplement No. 393, July, 2024
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. FY 4 (fourth field year) is the progeny of
				FY3.
e. FY5 (fifth field year) is
				the progeny of FY 4
f. FY6 (sixth
				field year) is the progeny of FY5.
g. Certified class (seventh field year) is
				the progeny of FY6.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-09 - Postharvest testing program

Current through Supplement No. 393, July, 2024
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 will be
				based on visible 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 will 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.
General Authority:
NDCC 4-10-03
Law Implemented:
NDCC
					 4-10-04
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-10 - Storage and packaging requirements

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-04 - Seed Potato Certification Standards › Chapter 74-04-01 - Seed Potato Certification Standards › Section 74-04-01-11 - Official North Dakota seed potato grades

Current through Supplement No. 393, July, 2024
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).
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-05 - Wholesale Potato Dealers › Chapter 74-05-01 - Wholesale Potato Dealer Requirements › Section 74-05-01-02 - Persons excluded from application of chapter

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 28-32
Law Implemented:
NDCC
				  4.1-57-21
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-05 - Wholesale Potato Dealers › Chapter 74-05-01 - Wholesale Potato Dealer Requirements › Section 74-05-01-03.1 - License fee

Current through Supplement No. 393, July, 2024
The annual license fee is two hundred dollars. All licenses
				  expire on June thirtieth.
General Authority: NDCC 28-32
Law Implemented: NDCC
					 4.1-57-21
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-05 - Wholesale Potato Dealers › Chapter 74-05-01 - Wholesale Potato Dealer Requirements › Section 74-05-01-05 - Dealer responsible for acts of agents

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 28-32
Law Implemented:
NDCC
				  4.1-57-22
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-05 - Wholesale Potato Dealers › Chapter 74-05-01 - Wholesale Potato Dealer Requirements › Section 74-05-01-06 - Time limit for payment

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 28-32
Law Implemented: NDCC
					 4.1-57-22
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-05 - Wholesale Potato Dealers › Chapter 74-05-01 - Wholesale Potato Dealer Requirements › Section 74-05-01-09 - Claims against bonds

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 28-32
Law Implemented: NDCC
					 4.1-57-22
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-01 - Class

Current through Supplement No. 393, July, 2024
Rapeseed (Brassica campesths 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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-02 - Determination of dockage

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-03 - Grading admixtures

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-04 - Soundness

Current through Supplement No. 393, July, 2024
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".
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-05 - Moisture

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-06 - North Dakota rapeseed standards - Grading factors -Maximum tolerances

Current through Supplement No. 393, July, 2024
GRADE
No. 1 North Dakota
No. 2 North Dakota
No. 3 North Dakota
Damage - Heated
0.1%
0.5%
2%
Damage - Distinctly Green Seeds
2%
6%
20%
Damage - Total
3%
10%
20%
Admixtures of Foreign Material - Sclerotinia
0.1%
0.2%
0.3%
Admixtures of Foreign Material - Stones
0.05%
0.05%
0.05%
Admixtures of Foreign Material - Total Conspicuous
							 Admixtures
1%
1%
1%
Inconspicuous Admixture *
5%
5%
5%
* Includes common wild mustard seed or domestic brown mustard
				  seed, or both.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-07 - Types of analysis on rapeseed

Current through Supplement No. 393, July, 2024
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 seed
Infestation
Conspicuous admixture
Moisture
Distinctly green seed
Odor
Dockage
Sclerotina
Heat-damaged seed
Stones
Inconspicuous admixture
Total damaged seed
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-01 - Rapeseed › Section 74-06-01-08 - Sample size

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-02 - Buckwheat › Section 74-06-02-01 - Classes

Current through Supplement No. 393, July, 2024
Classes of buckwheat include any domestic variety.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-02 - Buckwheat › Section 74-06-02-02 - Procedure

Current through Supplement No. 393, July, 2024
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
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-02 - Buckwheat › Section 74-06-02-03 - Determination of dockage

Current through Supplement No. 393, July, 2024
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).
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-02 - Buckwheat › Section 74-06-02-04 - Type

Current through Supplement No. 393, July, 2024
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 - off
Top section - (8/64 x 3/4) slotted sieve
Feed - # 6
Center 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.
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-02 - Buckwheat › Section 74-06-02-05 - Standards for buckwheat

Current through Supplement No. 393, July, 2024
For the purpose of the official grain standards of North
				  Dakota for buckwheat:
Grade
Minimum Test Weight
Maximum Limits of Foreign Material
Large
Small
Percent
No. 1 North Dakota
45
48
1
No. 2 North Dakota
43
46
2
No. 3 North Dakota
40
42
4
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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-02 - Buckwheat › Section 74-06-02-06 - Types of analysis on buckwheat

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-02 - Buckwheat › Section 74-06-02-07 - Sample size

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-01 - Class and subclasses

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 4.1-53-11(6)
Law Implemented: NDCC
					 4.1-53-11(6)
North Dakota Administrative Code › Title 74 - Seed Commission › Article 74-06 - Commodity Standards › Chapter 74-06-03 - Mustard › Section 74-06-03-02 - Terminology and definitions

Current through Supplement No. 393, July, 2024
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.