Page:2021 North Dakota Session Laws.pdf/255

Agriculture CHAPTER 68

HOUSE BILL NO. 1329

(Representatives Hagert, Fegley, Howe, Satrom, Trottier)

(Senators Klein, Meyer, Wanzek, Weber)

AN ACT to amend and reenact subsection 7 of section 4.1-53-13, subsection 1 of section 4.1-53-37, section 4.1-53-38, subsection 2 of section 4.1-53-43, subsection 1 of section 4.1-53-48, and subsection 2 of section 4.1-53-61 of the North Dakota Century Code, relating to seed labels, tolerances, permits, and certification; to repeal section 4.1-53-41 of the North Dakota Century Code, relating to nonresident seed dealer licenses; and to provide a penalty.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Subsection 7 of section 4.1-53-13 of the North Dakota Century Code is amended and reenacted as follows:

7. a. The percentage of germination, exclusive of hard or dormant seed;

b. The percentage of hard or dormant seed, if applicable; and

c. The month and year in which the percentages were determined; and

SECTION 2. AMENDMENT. Subsection 1 of section 4.1-53-37 of the North Dakota Century Code is amended and reenacted as follows:

1. In order toTo determine correctness and accuracy in labeling seed as required by this chapter, the seed commissioner shall:

a. Apply the tolerances established by the Federal Seed Act of August 9, 1939 [53 Stat. 1275; 7 U.S.C. 1551 et seq.], as amended through June 30, 2011August 6, 2020; or

b. Establish stricter tolerances by rule.

SECTION 3. AMENDMENT. Section 4.1-53-38 of the North Dakota Century Code is amended and reenacted as follows:

4.1-53-38. Seed labelingsales permit - Reports - Fees - Civil penalty.

1. Before a resident or nonresident person in this state may label or sell agricultural, vegetable, flower, or tree or shrub seed and before a person may label agricultural, vegetable, flower, or tree or shrub seed for delivery into this state, the person shall obtain a seed labelingsales permit from the seed commissioner.

2. A permit issued under this section applies to employees and agents of the permitholder.

3. Each person issued a seed labelingsales permit under this section shall: