1. Applications.
Applications for field inspection, accompanied by the correct fees, payment of
past-due accounts, and proof of seed eligibility, must be received at the state
seed department office in Fargo not later than June fifteenth. The penalty fee
will apply after that date. Applications for grass seed must be received by May
first to avoid late penalty. Applications for hemp must be received by June
first to avoid late penalty. Applications for millet and buckwheat must be
received by July fifteenth to avoid late penalty. Applications for soybeans
requiring only a single inspection (preharvest) must be received by August
first to avoid late penalty. In case of an emergency or unusual circumstances
due to weather or crop conditions, the deadline may be extended at the
discretion of the seed commissioner. In such an event, late application
penalties may be waived.
2.
Information required on application. The application shall be completed by the
applicant and returned to the seed department. All questions must be answered
completely and correctly. The location of the farm and field, including the
legal description, shall be given clearly so that the inspector will be able to
find the farm and field readily without waste of time and extra travel. Farm
service agency field maps or equivalent must be provided by the applicant. If
the seed is the grower's own seed, sufficient evidence must be provided to the
department to verify eligibility. If the seed is purchased, an official
certified seed tag or bulk certificates must accompany the
application.
3. Roguing and
spraying fields. Roguing is essential to maintain the purity of varieties and
high standards of certified seed. Roguing fields prior to inspection is
recommended to remove undesirable plants from fields. Plants that should be
removed include off-type plants, other crop plants, prohibited and restricted
noxious weeds, and other impurities which may be growing in the field.
Roguing is usually done by pulling off-types or other crop
plants or weeds and removing them from the field. In the case of small grain,
roguing should be done after heading as foreign plants are seen most easily at
this time. In hybrid seed production, fertile off-types and undesirable plants
should be removed before pollen is shed. Sterile off-types may be removed any
time prior to the final inspection.
Whenever practical and advisable, seed fields should be
sprayed with pesticides according to the manufacturer's label to control pests.
Growers must follow posting requirements as specified by state and federal
agencies responsible for the regulation and use of pesticides.
4. Weeds and diseases.
a. Prohibited noxious weeds under North
Dakota seed laws and rules are leafy spurge, field bindweed (creeping jenny),
Canada thistle, perennial sow thistle, Russian knapweed, hoary cress (perennial
peppergrass), absinth wormwood, musk thistle, spotted knapweed, yellow
starthistle, and Palmer amaranth.
b. Restricted noxious weeds under North
Dakota seed laws and rules are dodder species, hedge bindweed (wild morning
glory), wild oats, and quackgrass.
c. A field may be rejected if it is the field
inspector's opinion that the amount and kind of weeds present make it difficult
to conduct the inspection, or the field condition is such that the quality of
the cleaned seed may be questionable.
d. Objectionable weed seeds are restricted
noxious weeds under North Dakota seed laws and rules and may include some
common weeds which cause a specific problem in the conditioning of some
individual crops.
e. Diseases not
governed by specific crop standards may be cause for rejection if it is the
field inspector's opinion that the quality of the cleaned seed may be affected
or if results of tests made on the seed indicate a disease condition which will
affect the crop produced from such seed.
5. Cancellation of field inspection. An
application may be canceled by the applicant before the field inspection is
completed. The application fee minus an administrative fee will be refunded to
the applicant. The request for cancellation, however, must reach the state seed
department before the inspector arrives in the general locality of the field or
before inspection has occurred. Refunds will not be made after the field is
inspected or because the field has been rejected.
6. Appeal. Reinspection of rejected fields
may be considered, provided the application for appeal allows a reasonable
amount of time for reinspection prior to harvest. A fee for reinspection may be
assessed.
7. The variety name
stated on the application will be standard for inspection when entering the
field. Absent compelling visual evidence to the contrary, the variety or
selection declared by the applicant will be presumed correct if the
documentation provided is valid.
Notes
N.D. Admin Code
74-03-01-09
Amended effective May 1,
1986; May 1, 1988; December 18, 1989;September 1, 2002; January 2, 2006; July
1, 2007; July 1, 2010; October 1, 2012.
Amended by
Administrative
Rules Supplement 369, July 2018, effective
7/1/2018.
Amended by
Administrative
Rules Supplement 2022-385, July 2022, effective
7/1/2022.
General Authority: NDCC 4.1-52-10
Law Implemented: NDCC 4.1-53-37, 4.1-53-42,
4.1-53-59