CHAPTER 4-42
SEEDS AND CROPS INSPECTION AND ANALYSIS
4-42-01. Definitions. As used in this chapter, unless the context otherwise requires:
1.
"Analysis" means the laboratory examination of seeds, crops, or plant tissue to<br>determine the genetic identity or physical traits of the seeds or crops.
2.
"Commission" means the state seed commission.
3.
"Commissioner" means the state seed commissioner.
4.
"Department" means the state seed department.
5.
"Inspection" means a visual field inspection of seeds or crops.
4-42-02.
Commissioner - Genetic identity - Physical traits - Analysis and
verification.
The commissioner may establish procedures for inspecting, analyzing, and
verifying the genetic identity or physical traits of seeds or crops. The procedures may address<br>the compilation of all necessary documentation and other administrative functions.
4-42-03. Inspection and analysis - Procurement of samples. The commissioner may
inspect and analyze seed or crop grown, sold, or otherwise situated in this state to determine and<br>verify the genetic identity or physical traits of the seed or the crop. The commissioner may<br>procure samples of seed or crop grown in this state, sold in this state, or otherwise situated in<br>this state or may accept for analysis and verification samples submitted from any public or<br>nonpublic entity that is the owner of the seed or crop. The commissioner shall determine the size<br>and nature of each sample to be submitted to the laboratory, the manner in which each sample is<br>to be taken, the purposes for which each sample is to be taken, the manner in which each<br>sample's identity is to be preserved, and the manner in which each sample is to be delivered to<br>the laboratory.
4-42-04.
Field inspections.
The commissioner shall determine the criteria for field
inspections.
4-42-05. Inspection and analysis - Fee. The commissioner, with the approval of the
commission, shall establish and charge a fee for inspecting, analyzing, and performing any other<br>services permitted by this chapter.
4-42-06. Laboratories and facilities. The commissioner shall provide and maintain
laboratories and other facilities necessary to conduct the analyses authorized by this chapter and<br>to effect any other work necessary to implement this chapter.
4-42-07.
Identity preservation - Traceability.
The commissioner may establish a
procedure for the identity preservation and traceability of seeds or crops inspected or analyzed<br>under this chapter.
4-42-08. Labels - Documentation. The commissioner shall prescribe the type of labels
and other identifying documentation to be affixed by the commissioner to seeds or crops<br>inspected and analyzed under this chapter. All labels and other identifying documentation affixed<br>by the commissioner must clearly bear the identification of the department and may be used only<br>by the commissioner in conjunction with the verification services provided under this chapter.
4-42-09.
Contract for services - Protection of growers.
The commissioner may
contract with any public or private entity to provide protection, inspection, analysis, or verification<br>of seeds or crops, as provided by this chapter.
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4-42-10. Deposit of fees - Investment. The commissioner shall deposit all moneys
arising from the collection of fees under this chapter with the state treasurer for credit to the seed<br>department revolving fund. At the direction of the commission, the state treasurer shall provide<br>for the investment of available moneys from the revolving fund. The state treasurer shall deposit<br>twenty percent of the income from the investment of the moneys in the general fund and the<br>remaining eighty percent of the investment income in the seed department revolving fund.
4-42-11. Warranties or representations regarding seeds or crops. The commission,
the commissioner, and the department make no warranties or representations of any kind, either<br>expressed or implied, including warranties of merchantability, fitness for a particular purpose, or<br>absence of disease, as to seed or crop that is inspected, analyzed, or verified under this chapter.
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Document Outline
chapter 4-42 seeds and crops inspection and analysis
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