1.     a.    A person may not plant seed potatoes unless the seed potatoes:

Terms Used In North Dakota Code 4.1-55-05

  • Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
  • 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
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

(1) Have been certified by the seed commissioner as meeting the standards of this state; (2) Have been certified by another state or province having seed potato standards that are determined by the seed commissioner to meet or exceed the standards of this state; or

(3) At the request of the producer, were field inspected and approved for planting by the seed commissioner.

b.    Subdivision a does not apply to a person who:

(1) Plants less than one acre [.405 hectare] of seed potatoes; or

(2) Is within twelve months of having that person’s own certified parent seed potatoes.

2.    The seed commissioner shall permit a North Dakota producer to sell or otherwise transfer certified seed potatoes to another North Dakota producer. The recipient producer may plant the seed potatoes only for commercial production. The seed potatoes may not be recertified or retained for use in the following production cycle.

3.    If the seed commissioner determines that seed potatoes meeting the requirements of this section are not available in sufficient quantities to fulfill planting needs, the seed commissioner may permit the planting of seed potatoes with a higher disease content, provided that bacterial ring rot is not present and that no other serious disease threat is posed.

4.    For purposes of this section, a “North Dakota producer” means a person that grows potatoes on property located within this state.

  Previous section
Next section  
 Chapter 4.1-55 Contents