N.D. Admin Code 74-03-01-03 - Eligibility requirement for certification of crop varieties

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