§ 4.1-55-05 — Seed potatoes - Certification - Exception

1. a. A person may not plant seed potatoes unless the seed potatoes:
(1) Have been certified by the seed commissioner as meeting the standards of
this state;
(2) Have been certified by another state or province having seed potato
standards that are determined by the seed commissioner to meet or exceed
the standards of this state; or
(3) At the request of the producer, were field inspected and approved for
planting by the seed commissioner.
b. Subdivision a does not apply to a person who:
(1) Plants less than one acre [.405 hectare] of seed potatoes; or
(2) Is within twelve months of having that person's own certified parent seed
potatoes.
2. The seed commissioner shall permit a North Dakota producer to sell or otherwise
transfer certified seed potatoes to another North Dakota producer. The recipient
producer may plant the seed potatoes only for commercial production. The seed
potatoes may not be recertified or retained for use in the following production cycle.
3. If the seed commissioner determines that seed potatoes meeting the requirements of
this section are not available in sufficient quantities to fulfill planting needs, the seed
commissioner may permit the planting of seed potatoes with a higher disease content,
provided that bacterial ring rot is not present and that no other serious disease threat
is posed.
4. For purposes of this section, a "North Dakota producer" means a person that grows
potatoes on property located within this state.