As used in this chapter, "variety" includes hybrids and
breeding lines, and selections, clones, or strains of true varieties.
1. Only those varieties that are accepted by
the North Dakota state seed department as meriting certification in accordance
with the criteria established by the association of official seed certifying
agencies shall be eligible for certification. A variety will normally be
considered eligible for certification if it has received favorable action by
one or more of the following:
a. A national
variety review board.
b. The plant
variety protection office, including additional information itemized in
subdivisions e through i of subsection 2 of section 74-03-01-03, which is
required.
c. An official seed
certifying agency.
d. The
organization for economic cooperation and development (OECD).
In the absence of a national review board, a state or
regional variety review committee may determine the eligibility for
certification, if operating under similar criteria and approved by the seed
commissioner. Contact the state seed commissioner for varieties not covered by
one of the above categories on questions regarding eligibility.
2. The following must
be made available by the originator, developer, owner, or agent when
eligibility for certification is requested by the applicant. After a variety
has been released, there is no limitation as to when it may be accepted into
certification by AOSCA or its vested member agencies providing that all other
provisions of this section are met.
a. The
name of the variety. This name must be the established name if the variety has
previously been marketed.
b. A
statement concerning the variety's origin and the breeding or reproductive
stabilization procedures used in its development.
c. A detailed description of the
morphological, physiological, and other characteristics of the plants and seed
that distinguish it from other varieties.
d. Evidence of performance of the variety,
such as comparative yield data, insect and disease resistance, or other factors
supporting the identity of the variety.
e. A statement delineating the geographic
area of adaptation of the variety.
f. A statement on the plans and procedures
for the maintenance of stock seed classes, including the number of generations
through which the variety may be multiplied.
g. A description of the manner in which the
variety is constituted when a particular cycle of reproduction or
multiplication is specified.
h. Any
additional restrictions on the variety, specified by the breeder, with respect
to geographic area of seed production, age of stand, or other factors affecting
genetic purity.
(1) Should testing be required
to verify the presence of a particular trait by the developer, sponsoring
breeder, or originator before final certification, the exact protocols,
approved facilities, tolerances, and all other relevant information will be
provided to the seed-certifying agency that may retain the results of any test
for its records.
(2) Additional
certification requirements. Seed may require additional certification
requirements that are clearly referenced in the variety description, provided
that the following is completed:
(a)
Additional certification requirements have been communicated by the sponsoring
breeder or originator to all parties involved with regulation and production of
the variety; and
(b) The sponsoring
breeder or originator shall authorize the seed-certifying agency to verify
specific characteristics that are referenced in the variety description.
Verification of such characteristics will be completed before a certificate
(tag) of final certification is issued by the seed-certifying agency.
i. A sample of seed
representative of the variety that will be planted for certified seed
production.
3. This rule
does not create a mandatory duty or a cause of action on account of the
department's recognizing or refusing to recognize a variety as meriting
certification.
Notes
N.D. Admin Code 74-03-01-03
Amended effective May 1,
1986; September 1, 2002; January 2, 2006;July 1, 2007; July 1, 2010; October 1,
2012.
Amended by
Administrative
Rules Supplement 2022-385, July 2022, effective
7/1/2022.
General Authority: NDCC 4.1-52-10
Law Implemented: NDCC
4.1-53-43