North Dakota Administrative Code Title 74 - Seed Commission
The North Dakota Administrative Code, Title 74 – Seed Commission outlines the regulations for the North Dakota Seed Commission and the rules governing seed production, certification, labeling, and quality standards within the state. The Commission is responsible for ensuring that seed used in North Dakota is of high quality, properly labeled, and meets the state’s agricultural standards. This title sets forth the framework for seed certification, enforcement of seed laws, and the regulation of seed-related businesses.
Key Areas Covered
General Provisions
Purpose and Authority: Establishes the mission and authority of the North Dakota Seed Commission. The Commission’s primary role is to regulate the seed industry in the state, ensuring that farmers, producers, and consumers have access to high-quality, properly labeled seeds that meet state and federal standards.
Definitions: Provides key definitions such as "seed," "certified seed," "labeling," "variety," and "lot," which are essential for understanding the regulations. These definitions clarify the scope of seed-related activities and the terminology used throughout the code.
Scope of Application: Specifies the types of seeds covered by the regulations, including field crops, vegetable seeds, and grass seeds. The code applies to all seed dealers, producers, and suppliers operating within the state of North Dakota.
Seed Certification and Labeling
Certification Process: Describes the procedure for certifying seed in North Dakota. Certification ensures that the seed meets varietal purity, germination standards, and is free from diseases or pests. Seed certification is conducted by authorized agencies working under the guidance of the Seed Commission.
Labeling Requirements: Outlines the mandatory labeling requirements for seeds sold or distributed within North Dakota. Labels must include critical information such as:
Seed variety and species
Germination percentage
Purity levels (including weed seeds and inert matter)
Lot number and origin
Expiration date for germination viability
Certificate of Seed: Specifies that certified seed must be accompanied by a certificate of seed that verifies the seed has passed inspection and meets all the required standards set by the Seed Commission.
Seed Quality Standards
Germination Standards: Describes the minimum germination standards that seeds must meet to be sold or distributed in North Dakota. These standards ensure that the seed has a sufficient germination rate and will be effective for planting.
Purity Standards: Details the purity standards for seeds, including the allowable percentage of weed seeds, inert matter, and other contaminants. These standards help maintain seed quality and prevent the spread of invasive species or diseases.
Health and Disease Control: Ensures that seed lots are inspected for diseases and pests that could harm crops or the environment. Seed certification agencies may require testing to confirm that seeds are disease-free before they can be sold.
Seed Treatment: Specifies guidelines for seeds that are treated with chemicals or other substances to prevent disease or enhance germination. These seeds must be clearly labeled as “treated” with specific information about the type of treatment used.
Inspection and Enforcement
Inspection Process: Describes the process of inspecting seed lots to verify compliance with state regulations. The Seed Commission may inspect both the field of origin and the seed itself to ensure that it meets all standards for quality, purity, and germination.
Sampling: Outlines the methods for sampling seed lots to check for compliance with purity and germination standards. This may include random sampling, testing, and analysis of seeds by accredited laboratories.
Enforcement: Details the enforcement powers of the Seed Commission, which include conducting inspections, issuing notices of violation, and taking corrective action against non-compliant seed producers, dealers, or distributors.
Penalties for Non-Compliance: Specifies penalties for violations of seed laws, including fines, suspension of licenses, or even criminal prosecution in cases of severe violations. Penalties are designed to ensure that seed producers and distributors adhere to state standards for seed quality.
Seed Dealers and Certification Agencies
Licensing of Seed Dealers: Requires seed dealers to obtain a license from the Seed Commission to sell or distribute seed within the state. The license is contingent upon compliance with seed labeling, certification, and quality standards.
Certification Agencies: The Seed Commission works with authorized certification agencies that conduct inspections, provide seed certifications, and ensure that seed lots meet the necessary standards before they are sold to consumers.
Dealer Responsibilities: Dealers must maintain records of seed purchases, sales, and certifications. They must also ensure that all seeds they sell are properly labeled and meet state standards for quality.
Seed Importation and Exportation
Importation of Seed: Describes the rules for importing seed from outside of North Dakota. Seeds imported into the state must meet the same quality, germination, and labeling standards as those produced within the state. Imported seed must be accompanied by a certified seed label and health certificates when required.
Exportation of Seed: Sets guidelines for exporting seed from North Dakota to other states or countries. The Seed Commission helps facilitate export by ensuring that North Dakota-grown seed meets both state and national or international standards for quality and certification.
Research and Development
Seed Research Programs: The Seed Commission may support or collaborate on research programs aimed at improving seed quality, developing new seed varieties, and enhancing agricultural practices within the state. This may involve partnerships with universities, agricultural agencies, and private industry.
Varietal Improvement: Encourages the development of new seed varieties that are better suited for North Dakota's growing conditions, including drought resistance, disease resistance, and higher yield potential.
Seed Law and Regulation Updates
Amendments to Seed Laws: Describes the process for updating seed laws and regulations to keep up with new developments in the seed industry. This may include changes in certification standards, seed treatment methods, or germination rates based on new research or agricultural practices.
Public Participation: Provides mechanisms for the public, industry stakeholders, and farmers to participate in the rule-making process, offering input on proposed changes to seed laws and regulations.
Public Education and Outreach
Consumer Education: The Seed Commission is tasked with educating the public and farmers about the importance of using high-quality, certified seed. This may include providing resources, workshops, and informational materials on seed standards, planting techniques, and pest management.
Training Programs: The Commission may offer training for seed producers, dealers, and inspectors to ensure they understand the regulations and maintain high standards for seed production and distribution.
Purpose of Title 74 – North Dakota Seed Commission
The primary objectives of Title 74 are:
To ensure that seed sold in North Dakota meets high standards of quality, including purity, germination rates, and disease-free status.
To provide a regulatory framework for the certification, labeling, and inspection of seeds in the state.
To support the agriculture industry by ensuring that farmers and producers have access to high-quality seeds that are suitable for North Dakota’s growing conditions.
To prevent the spread of diseases, pests, and invasive species through proper seed certification and regulation.
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