N.D. Admin. Code 74-02-01-04
The definition of terms used in this section and in North Dakota Century Code section 4-09-15 shall be defined in this section and in North Dakota Century Code section 4-09-01.
The exemptions found in North Dakota Century Code sections 4.1-53-61 and 4.1 -53-57 do not apply to a farmer who sells only the farmer's own seed which has been publicly advertised for sale. For the purposes of this section, "publicly advertised for sale" includes advertising in newspapers, periodicals, pamphlets, or posters, by radio or television, or in any other media. For the purposes of this section and North Dakota Century Code sections 4.1-53-61 and 4.1-53-57, "sells only the farmer's own seed" includes any disposition of seed or transaction whereby the farmer sells, exchanges, or trades the farmer's own seed. The exemptions found in North Dakota Century Code sections 4.1-53-61 and 4.1-53-57 also do not apply to any farmer who is engaged in the seed business. For the purposes of this section, "engaged in the seed business" includes the sale of any seed by a person which seed was not grown on that person's own farm, publicly advertising for sale any seed, or making use of any third party as an agent or broker to bring a buyer and seller of seed together for purposes of sale, exchange, or trade.
The exemptions found in North Dakota Century Code sections 4.1-53-61 and 4.1 -53-57 do not apply to seed for which a certificate of plant variety protection has been applied for or issued, except regarding the replanting of seed on the farmer's own farm. In the absence of contractual obligations between the variety owner and a first purchaser, a farmer may replant seed varieties protected by plant variety protection for an indeterminate length of time provided the exemptions listed in North Dakota Century Code sections 4.1-53-61 and 4.1-53-57 are complied with in full.
N.D. Admin Code 74-02-01-04
General Authority: NDCC 4.1-53-11
Law Implemented: NDCC 4.1-53-57(4), 4.1-53-61