North Dakota Code 4.1-53-52 – Germination test – Requirement for sale
1. a. Except as provided in subsection 4, a person may not offer for sale or sell any agricultural seed unless:
Terms Used In North Dakota Code 4.1-53-52
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
(1) The seed has been tested to determine the percentage of germination; and
(2) The period of time between the first day of the month following that in which the germination test was completed and the date on which the seed is offered for sale or sold does not exceed nine months.
b. Subdivision a is not applicable to lawn and turf grasses.
2. a. Except as provided in subsection 4, a person may not offer for sale or sell any flower, vegetable, grass, or forb seed unless:
(1) The seed has been tested to determine the percentage of germination; and
(2) The period of time between the first day of the month following that in which the germination test was completed and the date on which the seed is offered for sale or sold does not exceed twelve months.
b. Subdivision a is not applicable to lawn and turf grasses.
3. Except as provided in subsection 4, a person may not offer for sale or sell any lawn and turf grass seed, or any blends or mixtures of lawn and turf grass seed, unless:
a. The seed has been tested to determine the percentage of germination; and
b. The period of time between the first day of the month following that in which the germination test was completed and the date on which the seed is offered for sale or sold does not exceed fifteen months.
4. A person may not offer for sale or sell any agricultural, flower, vegetable, or tree or shrub seed in hermetically sealed packages unless:
a. The seed has been tested to determine the percentage of germination; and
b. The period of time between the first day of the month following that in which the germination test was completed and the date on which the seed is offered for sale or sold does not exceed thirty-six months.