4-42 Seeds and Crops Inspection and Analysis
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<![CDATA[CHAPTER 4-42SEEDS AND CROPS INSPECTION AND ANALYSIS4-42-01. 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 andverification.The commissioner may establish procedures for inspecting, analyzing, andverifying 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 mayinspect 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 fieldinspections.4-42-05. Inspection and analysis - Fee. The commissioner, with the approval of thecommission, 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 maintainlaboratories 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 aprocedure 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 labelsand 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 maycontract with any public or private entity to provide protection, inspection, analysis, or verification<br>of seeds or crops, as provided by this chapter.Page No. 14-42-10. Deposit of fees - Investment. The commissioner shall deposit all moneysarising 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.Page No. 2Document Outlinechapter 4-42 seeds and crops inspection and analysis]]>