All classes of certified seed, when offered for sale, shall have an official certification label affixed to each container clearly identifying the certification agency, the lot number or other identification, variety name and kind, and class of seed. The responsibility for properly labeling foundation, registered, or certified seed rests with the grower or first distributor.

1. 1. Records. Each person whose name appears on the label and handles seed shall keep for a period of three years complete records of each lot of seed handled. All records pertaining to the lot involved must be accessible for inspection by the commissioner at any time during customary business hours. Records shall include:

1. a. Quantity of seed grown and conditioned or purchased for bulk sale.

2. b. Quantity of bulk certified seed sold by variety and lot number.

3. c. A current inventory of each variety of seed available for sale.

4. d. Consult Federal Seed Act regulations part 201 for recordkeeping requirements for seed in interstate commerce.

2. 2. Samples. It is the labeler's responsibility to maintain possession of a two-pound [907-kilogram] sample identified by kind, variety, class, and lot number of each lot of certified seed sold, whether bagged or in bulk, for a period of one year after the final disposition of the seed lot.

3. 3. No person may disclaim responsibility of the vendor of the seed for the data on the label required by law, and any such disclaimer of vendor's express or implied warranty is invalid.

4. 4. Bagged seed.

1. a. All bagged seed represented or sold as foundation, registered, or certified must be bagged in new bags and the official certification tag properly affixed on the bag. Certification tags are void if improperly used or not attached to the bag. Containers or tote bags larger than one hundred sixty pounds [72.77 kilograms] may be considered bulk seed.

2. b. The use of two tags, the official certification tag and a separate analysis tag, on foundation, registered, or certified seed is optional.

3. c. Certified seed will be considered mislabeled unless the seed analysis is on either the certification tag or on an additional tag or printed on the bag.

4. d. Certification tags are not valid when they are transferred in any manner other than attached to the eligible seed bag.

5. 5. Bulk seed. In the case of seed sold in bulk, the bulk certified seed certificate takes the place of the certified seed tag. The complete seed analysis will be printed on the certificate.

1. a. Foundation and registered class seed may be sold in bulk only by the applicant producer, or by an approved conditioner.

1. b. Certified class seed may be sold in bulk by the applicant producer, an approved conditioner, or an approved bulk retail facility.
2. c. Approved bulk retail facilities may be allowed to handle bulk registered seed on a case-by-case basis only when authorized by the state seed department. If authorized by the seed department, the bulk retailer must designate which bins will be used for registered seed.
3. d. Bulk retail seed facilities must be approved annually before certified seed can be handled in bulk. Such facilities may be part of a seed conditioning facility or may be approved only for handling bulk certified seed. Before approval, all procedures for receiving, storing, dispensing, and recordkeeping must be inspected. The applicant must demonstrate acceptable procedures for maintaining purity and identity of bulk certified seed.
4. e. Offsite bins or satellite bin locations shall be managed in the same manner as those at an approved facility. Bins shall be listed on a separate bin list registered under the name of an approved facility. All satellite locations shall be inspected annually by the seed department.
5. f. Handling bulk certified seed:
6. (1) A separate storage bin must be available for each lot that will be sold in bulk. Each bin shall be considered a separate lot of seed and shall be labeled accordingly.
7. (2) All bins, augers, conveyors, and other equipment must be cleaned before storage or handling certified seed.
8. (3) All hopper bins must be equipped with bottom access ports, inside ladders, or some other means approved by the seed department to facilitate access for cleaning.
9. (4) All augers used to convey seed must be reversible.
10. (5) All bins must be clearly and prominently marked to show kind, variety, class, and lot number.
11. (6) All bin openings must be closed to prevent contamination, except when seed is being put in or removed from the bin, or to allow for aeration.
12. g. A maximum of two physical transfers are permitted after final certification.
13. h. It is the seller's responsibility to:
14. (1) Handle seed in a manner to prevent mixtures and contamination.
15. (2) Supply seed that is representative of the seed tested and approved for certification.
16. (3) Ensure all bins, augers, conveyors, and other equipment are adequately cleaned before handling certified seed.
17. (4) Determine that the vehicle receiving bulk certified seed has been cleaned prior to receiving the seed. If it is not clean, this is to be noted on the bill of sale or transfer certificate.
18. (5) Provide to the purchaser a bulk certificate for each load of bulk certified seed at the time of delivery.

(6) Ensure that the conditioned lot is not moved from the premises of the approved conditioning facility or labeler's facility until the sample has been tested by the state seed department laboratory and shows that the lot is eligible for certification.

i. It is the buyer's responsibility to:

(1) Obtain a bulk certificate from the seller for each load of bulk certified seed at the time of delivery.

(2) Provide a clean vehicle or container in which to load seed.

(3) Maintain purity of the seed after it has been loaded into the buyer's vehicle.

History: Amended effective May 1, 1986; September 1, 2002; January 2, 2006; July 1, 2007; July 1, 2010; October 1, 2012; July 1, 2020; October 1, 2024.

General Authority: NDCC 4.1-52-10

Law Implemented: NDCC 4.1-53-12, 4.1-53-13, 4.1-53-39