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

Current through Supplement No. 394, October, 2024
Section 74-04-01-01 - Definitions

As used in this chapter:

1. "Basic seed" means seed potatoes produced by means of meristem, stem cutting, or other techniques for increase by certified growers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amended effective December 1, 1981; December 1, 1987; September 1, 1997; September 1, 2002; January 1, 2005; January 2, 2006; July 1, 2007.

General Authority: NDCC 4-10-03

Law Implemented: NDCC 4-10-04