Section 74-04-01-06 - Seed eligibility1. North Dakota seed stocks. a. Seed lots of North Dakota origin to be eligible will have been grown under the seed certification program in the previous season passing field inspection and the winter test. b. Seed stocks not having a winter test may be accepted on an observational basis but only after they have been laboratory tested and only with prior approval from the state seed department. The cost of laboratory testing will be borne by the applicant. The same field inspection fee structure will apply to this application. 2. Seed stocks from other sources. Seed lots from sources other than North Dakota will be of the foundation or approved classification and have passed a winter grow-out or laboratory test on a sample of the lot that is equal to or greater than the size of the winter test sample as outlined in this bulletin. 3. Purchase proof must accompany the application to provide sufficient evidence as to origin and quantity of seed. An approved combination of shipping point certificates, affidavits, North American certified seed potato health certificates, or sales receipts will be accepted. The variety or selection declared by the grower will be presumed correct if the documentation provided is valid and acceptable for all other purposes. 4. Individual seed lots will be maintained separately at all times. If separation is not maintained and commingling of lots occurs, each seed lot will automatically advance to the generation and health factors of the oldest or lowest, or both, seed health status of the commingled parts. 5. Any variety protected by patent or the Plant Variety Protection Act must have authorization from the owner. N.D. Admin Code 74-04-01-06
Amended effective December 1, 1981; June 1, 1992; September 1, 1997; September 1, 2002; January 2, 2006; July 1, 2007.General Authority: NDCC 4-10-03
Law Implemented: NDCC 4-10-04