§ 4.1-53-52 — Germination test - Requirement for sale

1. a. Except as provided in subsection 4, a person may not offer for sale or sell any
agricultural seed unless:
(1) The seed has been tested to determine the percentage of germination; and
(2) The period of time between the first day of the month following that in which
the germination test was completed and the date on which the seed is
offered for sale or sold does not exceed nine months.
b. Subdivision a is not applicable to lawn and turf grasses.
2. a. Except as provided in subsection 4, a person may not offer for sale or sell any
flower, vegetable, grass, or forb seed unless:
(1) The seed has been tested to determine the percentage of germination; and
(2) The period of time between the first day of the month following that in which
the germination test was completed and the date on which the seed is
offered for sale or sold does not exceed twelve months.
b. Subdivision a is not applicable to lawn and turf grasses.
3. Except as provided in subsection 4, a person may not offer for sale or sell any lawn
and turf grass seed, or any blends or mixtures of lawn and turf grass seed, unless:
a. The seed has been tested to determine the percentage of germination; and
b. The period of time between the first day of the month following that in which the
germination test was completed and the date on which the seed is offered for
sale or sold does not exceed fifteen months.
4. A person may not offer for sale or sell any agricultural, flower, vegetable, or tree or
shrub seed in hermetically sealed packages unless:
a. The seed has been tested to determine the percentage of germination; and

b. The period of time between the first day of the month following that in which the
germination test was completed and the date on which the seed is offered for
sale or sold does not exceed thirty-six months.