# Title 74 — Seed Commission

## Article 74-03 — Seed Certification Standards

## Chapter 74-03-16 — Specific Crop Requirements - Hemp

### § 74-03-16-01. General requirements.

All production of hemp, as defined in North Dakota Century Code section 4.1-18.1-01 is subject to
license application approval that may be required by regulatory authorities. Only growers who possess
a current license with the North Dakota department of agriculture are eligible to produce certified seed.
Only varieties of hemp approved by regulatory authorities for seed production and which meet Federal
Seed Act eligibility requirements are eligible for certification. Growers may be required by regulatory
agencies to obtain tetrahydrocannabinol test results according to applicable regulations. Growers may
be required to submit test results to the seed certifying agency before labels are issued. Upon meeting
final certification requirements, eligible seed will be labeled in the licensee's name only.
History: Effective July 1, 2018; amended effective July 1, 2020.
General Authority: NDCC 4.1-52-10
Law Implemented: NDCC 4.1-52-10, 4.1-53-42
### § 74-03-16-02. Land requirements.

A crop of foundation or registered class hemp is not eligible for certification if planted on land on
which the same kind of crop was grown the previous three years unless the previous crop was the
same variety and passed field inspection for certification. A crop for certified class is not eligible for
certification if planted on land on which the same kind of crop was grown the previous two years unless
the previous crop was the same variety and passed field inspection for certification.
History: Effective July 1, 2018; amended effective July 1, 2020.
General Authority: NDCC 4.1-52-10
Law Implemented: NDCC 4.1-52-10, 4.1-53-42
### § 74-03-16-03. Field inspection.

It is the grower's responsibility to ensure fields are inspected prior to harvesting. A field harvested
before inspection is not eligible for certification. All fields must be inspected at least once before harvest
at a stage of growth when varietal purity is best determined. One inspection is required for registered
and certified seed fields of dioecious varieties. Two inspections are required for all classes of
monoecious varieties and foundation seed fields of dioecious varieties.
History: Effective July 1, 2018; amended effective July 1, 2020.
General Authority: NDCC 4.1-52-10
Law Implemented: NDCC 4.1-52-10, 4.1-53-42
### § 74-03-16-04. Field standards.

1. Isolation.
a. Prior to flowering and inspection, the field must be isolated from fields of any other
variety or fields of the same variety not meeting genetic purity requirements for
certification.

b. The minimum isolation distances required between inspected hemp and other hemp
crops must be maintained as specified in the following table. There must be no hemp
plants within three hundred feet [91.44 meters] of a seed field and no more than four
plants per acre outside three hundred feet [91.44 meters]. Hemp crops must be isolated
from other inseparable crops by a minimum of ten feet.
Isolation Distance
Inspected Crop Other Crops Required (feet)
Dioecious type foundation • Different varieties of hemp 15,748
• Noncertified crop of hemp
• Lower certified class of seed crop of same variety 6,460
• Same class of certified seed crop of same variety 10
Dioecious type registered • Different varieties of hemp 15,748
• Noncertified crop of hemp
• Seed crop of same variety that meets certified standards 5,249
for varietal purity
• Seed crop of same variety that meets registered standards 3
for varietal purity
Dioecious type certified • Different varieties of hemp 2,624
• Noncertified crop of hemp
• Planted with certified seed of the same variety that meets 656
certified standards for varietal purity
• Seed crop of same variety that meets certified standards 3
for varietal purity
Monoecious type foundation • Dioecious varieties of hemp 15,748
• Noncertified crop of hemp
• Other monoecious varieties 9,690
• Lower certified class of seed crop of same variety
• Same class of certified seed crop of same variety 16
Monoecious type registered • Dioecious varieties of hemp 15,748
• Noncertified crop of hemp
• Different varieties of the same type of hemp (monoecious 6,460
or female hybrid)
• Seed crop of same variety that meets certified standards 3,320
for varietal purity
• Seed crop of same variety that meets registered standards 3
for varietal purity
Monoecious type certified • Dioecious varieties of hemp 3,230
• Noncertified crop of hemp
• Different varieties of the same type of hemp (monoecious 656
or female hybrid)
• Planted with certified seed of the same variety that meets
certified standards for varietal purity
• Seed crop of same variety that meets certified standards 3
for varietal purity
2. Specific field standards.
a. Roguing to remove undesirable plants must be done before field inspection. Rogued
plants must be removed from the field to be harvested.

b. Any combination of impurities may be reason for failing an inspection. Unless otherwise
specified by the breeder, an industrial hemp crop for certification must not exceed the
limits specified in the following table. Impurities may include harmful contaminants
(species capable of cross pollinating with the inspected variety), plants of other varieties
or distinct types foreign to the variety being inspected, weeds, or other inseparable crops.
c. The table indicates the maximum number of impurities permitted in approximately ten
thousand plants of the inspected crop.
Maximum Impurity Standards per Ten Thousand Plants in Hemp Seed Crops
Maximum Number of Dioecious Male Maximum Number of Off-Types or
Plants Shedding Pollen Other Varieties
Dioecious type foundation - 3
Dioecious type registered - 10
Dioecious type certified - 20
Monoecious type foundation 1 3
Monoecious type registered 2 10
Monoecious type certified 100 20
History: Effective July 1, 2018; amended effective July 1, 2020.
General Authority: NDCC 4.1-52-10
Law Implemented: NDCC 4.1-52-10, 4.1-53-42
### § 74-03-16-05. Seed standards.

Standards for Each Class
Factor Foundation Registered Certified
Pure seed (minimum) 98.0 percent 98.0 percent 98.0 percent
Total weed seeds (maximum) 0.10 percent 0.10 percent 0.10 percent
Other varieties 0.005 percent 0.01 percent 0.05 percent
Other crop seeds (maximum) 0.01 percent 0.03 percent 0.08 percent
Inert matter (maximum) * 2.0 percent 2.0 percent 2.0 percent
Prohibited noxious weed seeds none none none
Other kinds ** 0.10 percent 0.03 percent 0.07 percent
Germination 80.0 percent 80.0 percent 80.0 percent
*Inert matter may not include more than 0.5 percent of material other than seed fragments of the variety under
consideration.
**Other kinds may not exceed 2 per pound for foundation, 6 for registered, and 10 for certified.
History: Effective July 1, 2018.
General Authority: NDCC 4.1-52-10
Law Implemented: NDCC 4.1-52-10, 4.1-53-42
