2012 North Dakota Century Code Title 4 Agriculture Chapter 4-10 Inspection and Grading of Potatoes and Other Produce
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CHAPTER 4-10
INSPECTION AND GRADING OF POTATOES AND OTHER PRODUCE
4-10-01. Definitions.
In this chapter, unless the context otherwise requires:
1. "Agent" or "agents", when used to indicate or refer to the commissioner's agent or
agents, means the commissioner's deputies, inspectors, representatives, agents, or
other assistants as the case requires.
2. "Certified" means the potatoes were randomly inspected and found to meet the rules
of the seed department at the time of inspection.
3. "Closed container", or its plural form, means any container which shall be sewed, tied,
sealed, glued, nailed, or otherwise closed in a practical or secure manner for handling.
4. "Commissioner" means the state seed commissioner.
5. "Inspection" means a random sample of potato plants or potato tubers were examined
according to the rules of the seed department or according to the instructions of the
United States department of agriculture, food safety and quality service.
6. "Label", and its various grammatical forms, when used as a noun means any tag,
label, brand, or device attached to, or written, stamped, printed, or stenciled on, any
container and carrying a term or terms setting forth the grade, condition, quality,
weight, variety, or class of the potatoes or other produce therein contained, and when
used as a verb means the act or the fact of the use of the aforesaid labeling items and
methods in connection with potatoes or other produce, and when used as an adjective,
its descriptive meaning must be interpreted from its use and meaning as a noun and
verb as herein prescribed.
7. "Other produce" means natural products of the farm, garden, and orchard, exclusive of
grain, true seeds, livestock, and livestock products.
8. "Potatoes" means what is commonly called and known as white or Irish potatoes.
9. "Selection" means a subgroup of a variety of potato and is commonly referred to as
line selection, clonal selection, or strain selection.
10. "State seed department" means the seed department of the state of North Dakota.
11. "Variety" means a plant group within a single botanical taxon of the lowest-known rank
which, without regard to whether the conditions for plant variety protection are met,
can be defined by the expression of the characteristics resulting from a given genotype
or combination of genotypes, distinguished from any other plant grouping by the
expression of at least one characteristic, and considered as a unit with regard to the
suitability of the plant grouping for being propagated unchanged. A variety may be
represented by seed, transplants, plants, tubers, tissue culture, plantlets, and other
matter.
4-10-01.1. Responsibilities of state seed department.
The certification of seed potatoes, establishing of grades for potatoes and other produce,
and the licensing of wholesale potato dealers are the responsibility of the state seed
department.
4-10-02. Commissioner - Duties - Fees.
The commissioner or the commissioner's designee shall provide the means and direct the
inspection, certification, and promotion of quality and assist in the promotion and advertising of
seed potatoes. The commissioner shall establish potato and other produce grades for the
purpose of making inspection and otherwise providing for the proper handling and marketing of
the agricultural commodities defined in this chapter under the classifications of "potatoes" and
"other produce", and shall promulgate rules and regulations prohibiting or otherwise regulating
the importation or dissemination within the state of particular detrimental insects and diseases.
The commissioner shall appoint agents, inspectors, assistants, and clerical aides as the
commissioner finds necessary to assist, represent, and act for the commissioner in enforcing
the provisions of this chapter and shall fix the salaries of said employees and provide for
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operating expenses with the approval of the seed commission within legislative appropriations
therefor. Fees for the cost of performance of these duties must be established by the seed
commission with the approval of the directors of the North Dakota seed potato growers
association.
4-10-03. Rules - Commissioner to adopt.
The commissioner, from time to time, with the approval of the seed commission, shall adopt,
publish, and amend uniform rules and definitions not inconsistent with the provisions of this
chapter, and shall alter or suspend such rules and definitions whenever necessary in
accordance with chapter 28-32 and appeals may be taken as provided in chapter 28-32. Rules
and definitions for seed potato certification must be published in bulletin number 49.
4-10-04. Grades for potatoes and other produce.
The following grades for potatoes are designated as official and standard grades for North
Dakota, namely: "U.S. Extra No. 1", "U.S. No. 1", "U.S. Commercial", "U.S. No. 2", "North
Dakota Certified Seed", and "Unclassified" or such grades as the commissioner shall designate.
The U.S. grades must conform in all respects to the requirements and standards specified by
the United States department of agriculture, but the grade names may be used with appropriate
size designations when specified in regulations by the commissioner, who shall be guided by
the regulations and recommendations of the United States department of agriculture. The U.S.
grades and standards herein designated are subject to change only if the United States
department of agriculture promulgates any new and definite changes, and such changes shall
be adopted by the commissioner for use in North Dakota. The North Dakota certified seed grade
must conform in all respects to the provisions of the seed laws of this state and the regulations
made thereunder, and must be labeled in accordance therewith. Unclassified lots shall include
all potatoes not meeting the requirements of any of the foregoing grades. It is optional, however,
to use the unclassified labeling on any lot of potatoes. For other produce, the grades which
heretofore may have been or hereafter are fixed by the department of agriculture of the United
States for such produce are designated as the official standard grades for North Dakota.
Inspections of incoming produce may be made and certificates issued on the basis of other
applicable states' grades or in accordance with sales contracts.
4-10-05. Labeling, branding, tagging potatoes in closed containers.
1. Every container packed with potatoes grown in North Dakota, being transported, or
offered for sale or consignment must bear either by brand, tag, or label, in plain letters
and figures, the net weight when packed and correct grade designation. Potatoes
being shipped for processing or repacking are exempt of this requirement.
2. When an individual shipment is made from such towns or stations at which regular
inspection service is not maintained, and when such shipments cannot be so routed as
to be stopped in transit for inspection at a town or station at which inspection service
can be provided, or when due to unforeseen circumstances which make it physically
impossible for an inspector to perform such inspection, then the commissioner, or the
commissioner's agent, may waive the inspection and labeling requirements provided in
this section for such individual shipment.
3. The commissioner shall, by regulation, prescribe the general location of the labeling on
the container and the minimum and maximum size of the letters and figures used in
the labeling of the potatoes as herein provided.
4. After the grade inspection of the potatoes has been completed, if the official inspector
finds that they are labeled properly according to the provisions of this chapter, the
inspector shall furnish to the shipper or owner of the potatoes a signed certificate
indicating that the shipment of potatoes is correctly labeled.
5. A vendor of seed may not alter the label or certificate furnished by the inspector under
subsection 4.
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6.
A person in this state may not sell, offer for sale, transport for sale, or store with intent
to sell within this state certified potato seed that is not labeled in accordance with this
chapter.
4-10-06. Commissioner's duty to make examination.
The commissioner and the commissioner's agent shall make sufficient investigations and
grade inspections to determine whether the provisions of this chapter are complied with
properly. The commissioner and the commissioner's agents shall have free access to any
private or public premises or structures and the vehicles of any public or private carriers,
including sealed or unsealed freight cars, to make examinations or inspections of any potatoes
or other produce which are being graded, handled, packed, stored, offered for sale or
consignment, exposed for sale, shipped or delivered for shipment, whether the commodities are
upon the premises or in possession or custody of the owner thereof or of any person other than
the shipper or owner thereof, and may take samples of the aforesaid commodities of sufficient
quantity for testing or inspecting.
4-10-06.1. Seed potatoes - Certification requirement.
1. A person may not plant seed potatoes in lots of one acre [.405 hectare] or more, for
the purpose of selling the crop to be harvested, unless the seed potatoes:
a. Have been certified by the commissioner as meeting the standards of this
chapter;
b. Have been certified by another state or province having a similar seed potato
quality assurance program; or
c. Have been field inspected and approved by the commissioner.
2. The commissioner shall permit a North Dakota grower to plant uncertified potatoes
grown by the grower, if the grower is within twelve months of having the grower's own
certified parent seed potatoes.
3. The commissioner shall permit a North Dakota potato grower to sell or otherwise
transfer certified seed potatoes to another North Dakota potato grower. The recipient
grower 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.
4. If the commissioner has reason to believe that seed potatoes meeting the
requirements of this section are not available in sufficient quantities to fulfill planting
needs, the commissioner may permit the planting of seed potatoes with a higher
disease content, provided that bacterial ring rot is not present and that a serious
disease threat is not posed.
4-10-06.2. Records.
Every person who plants potatoes on more than one acre [.405 hectare] shall maintain
records indicating the acreage [hectarage], varieties, and source of all seed potatoes planted.
The records must be available for inspection by the commissioner for a period of two years.
4-10-06.3. Imported seed potatoes - Certification requirement.
All seed potatoes imported into this state for planting purposes by any person from any
state, territory, or country must be accompanied by:
1. a. An official grade certificate describing the grade of the potatoes; or
b. A health certificate to certify that the lot of seed potatoes was field inspected by
an official certifying agency and is similar to the standards established by this
chapter for seed potatoes; and
2. Any other document or certificate required for the importation of seed potatoes by the
state, province, territory, or country of origin, including test results issued by a
laboratory approved by the United States department of agriculture's animal and plant
health inspection service.
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4-10-06.4. Exported seed potatoes - Certification requirement.
All seed potatoes exported from this state must be accompanied by an official grade
certificate describing the grade of the potatoes or a health certificate to certify that the lot of
seed potatoes was field inspected by the state seed department.
4-10-06.5. Records.
Every person who plants imported seed potatoes on more than one acre [.405 hectare] of
land shall maintain records indicating the acreage [hectarage], varieties, and sources of all seed
potatoes planted. The records must be available for inspection by the commissioner for a period
of two years.
4-10-07. Official inspection points designated by commissioner.
The commissioner may designate by regulation, as official potato shipment inspection
points or areas, any or all points or stations within a county or specified subdivision. The
commissioner may refuse to designate any point as an official potato shipment inspection point
if the volume of shipments for inspection will not warrant the expense of maintaining inspection
thereat.
4-10-08. Shipment of potatoes from inspection point prohibited.
Repealed by S.L. 1981, ch. 92, § 18.
4-10-09. Shipment of potatoes from undesignated points.
Inspection of potatoes may be made at points not designated by the commissioner as
official potato shipment inspection points or areas on application of any person, or at the
commissioner's option for regulatory purposes, but shipments of potatoes from such points may
be made without an inspection.
4-10-10. Potatoes shipped into state - Labeling required - Exception.
Whenever potatoes are shipped into the state from any point outside of the state, the
purchaser, vendor, and the person receiving such potatoes shall have the same labeled in
accordance with and conforming to the requirements of this chapter for potatoes grown or
originating in North Dakota, except that the standardized grades and labeling of potatoes in use
at the point of shipment may be permitted by the commissioner.
4-10-11. Inspector to furnish certificate after inspection.
Repealed by S.L. 2007, ch. 57, § 5.
4-10-12. Certificate of inspection evidence of contents.
An official certificate of inspection, when signed by the commissioner or the commissioner's
authorized agent, is prima facie evidence that the potatoes or other produce described in the
certificate are of the grade, quality, or condition indicated on the certificate at the time inspection
was made.
4-10-12.1. Liability - Potato crop quantity and quality.
The state seed commission, state seed department, commissioner and the commissioner's
employees, certified seed potato producers, and wholesale potato dealers licensed under
chapter 4.1-57 make no expressed or implied warranty of any kind as to the quantity or quality
of the crop produced from the seed potatoes or through other produce inspected and certified,
including merchantability, fitness for a particular purpose, or absence of disease. The only
representation is that the potatoes or other produce were inspected under the rules of the state
seed department or United States department of agriculture. The commissioner and the
commissioner's employees function and serve only in an official regulatory manner.
4-10-13. Grade inspection - Fees and charges.
Repealed by S.L. 1981, ch. 92, § 18.
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4-10-14. Misbranding potatoes and other produce.
No person, either while acting in that person's own behalf or while acting as agent or
servant for any other person, shall sell, consign for sale, offer or expose for sale, have in
possession or storage for sale, deliver within this state, or convey or cause to be conveyed out
of this state, any potatoes or other produce which are mislabeled within the meaning of this
chapter or the regulations thereunder, or which are labeled, represented, or advertised falsely in
any respect, whether they are in closed containers, open containers, or in bulk regardless of the
quantity.
4-10-15. Seizure of potatoes and other produce - Liability.
The commissioner and the commissioner's agents may seize and hold any potatoes or
other produce which, according to this chapter, are labeled, branded, marked, or tagged wrongly
as to grade, quality, condition, or in any other respect. The potatoes or produce so seized may
be held until they are graded or reconditioned to meet the requirements of the grade, or the
labeling with which they are marked, or until they are labeled or marked with the grade or
essential details as indicated by the official report or certificate of the commissioner or the
commissioner's agent. The commissioner and the commissioner's agents are not liable for any
loss or damage, or any other costs due to seizure when acting in accordance with the provisions
of this chapter and the regulations duly made thereunder.
4-10-16. Refusal to accept shipment of potatoes or other produce.
Repealed by S.L. 1981, ch. 92, § 18.
4-10-17. Cooperation with departments and bureaus.
The commissioner may cooperate with the United States department of agriculture or any
bureau or division thereof, and with similar state inspection service departments of the several
states, and with any person, with the intent and purpose that the seed certification and the
grade inspection service in this state, and any or all of the grade certificates issued on North
Dakota potatoes or other produce, must be recognized officially and accepted elsewhere in the
United States, and to protect and promote the interests of any and all persons having an interest
in the potatoes or other produce grown or handled in this state, and to provide for any
necessary joint arrangements therefor.
4-10-18. Fees and collections - Disposition.
All moneys arising from the collection of fees and other charges under the provisions of this
chapter must be deposited by the commissioner with the state treasurer and credited to the
seed department revolving fund, and shall be disbursed within the limits of legislative
appropriations therefrom, upon order of the commissioner, with the approval of the seed
commission.
4-10-19. Enforcement - Hearing by commissioner - Application of chapter 28-32.
The commissioner shall enforce this chapter and the rules adopted under this chapter.
Except as provided in section 4-10-14, whenever the commissioner is of the opinion that a
violation of this chapter or of the rules adopted under this chapter exists, the commissioner shall
hold a hearing as provided in chapter 28-32. A person aggrieved by a seizure pursuant to
section 4-10-14 may request a hearing pursuant to chapter 28-32. If after the hearing, or without
hearing if the person involved fails or refuses to appear, the commissioner decides that there
has been a violation of this chapter or the rules and regulations derived therefrom, the
commissioner may impose the civil penalty provided in section 4-10-22, or if the commissioner
decides that the evidence warrants prosecution, the commissioner shall proceed as provided in
this chapter.
4-10-20. Prosecution for violations - Duty of attorney general and state's attorney.
Upon a complaint made by the commissioner, after a hearing as provided in section
4-10-19, alleging a violation of this chapter or of any rule duly adopted under this chapter, the
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attorney general, or the state's attorney of the county wherein the case arises, immediately shall
cause appropriate legal proceedings to be commenced and prosecuted for the enforcement of
the penalties provided in this chapter. No prosecution may be instituted under this section
unless the commissioner has held a hearing as provided in section 4-10-19.
4-10-21. Assistance to commissioner.
Any person involved in any way with the handling, transportation, storage, buying, or selling
of potatoes and other produce shall cooperate with the commissioner and the commissioner's
agents and shall render all possible assistance to them in the enforcement of the provisions of
this chapter and the regulations duly made thereunder.
4-10-22. Penalties for violation of chapter.
1. Any person who violates any of the provisions of this chapter is guilty of a class A
misdemeanor.
2. Any person who violates any of the provisions of this chapter is subject to a civil
penalty not to exceed five thousand dollars for each violation. Such civil penalty may
be adjudicated by the courts or by the state seed department through an
administrative hearing pursuant to chapter 28-32.
3. The department may, in accordance with the laws of this state governing injunctions
and other process, maintain an action in the name of the state against any person
violating any provision of this chapter.
4-10-23. Plant and seed records - Exempt.
The following records of the state seed commission are exempt from section 44-04-18:
1. Records of any plant or seed inspection, analysis, or testing and germination, purity,
variety, or disease determinations conducted by the state seed department on a
fee-for-service basis for nonpublic entities or persons.
2. Information received by the seed commission under this chapter from a nonpublic
entity or person that the nonpublic entity or person determines is proprietary
information or a trade secret.
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