b'field inspected and approved for for enforcement authority/penalty pro-planting by the seed commissioner. visionsgivingtheregulatoryagency(ND State Seed) authority to levy finesb. Subdivision a does not apply to a per- up to $10,000 per violation.son who:(1)Plantslessthanoneacre[.405 Minnesota Statuteshectare] of seed potatoes; or https://www.revisor.mn.gov/statutes/cite/21.1195(2)Is within twelve months of havingthat person\'s own certified parent seed 21.1195MINIMUMSTANDARDSFORpotatoes. PLANTING. Figure 1. PVYntn expressed in tuber.Seed potatoes may not be planted in the2. The seed commissioner shall permit a state in lots of ten or more acres unlessNorth Dakota producer to sell or other- theseedmeetstheminimumdiseasewise transfer certified seed potatoes to standardsprescribedbythecommis-anotherNorthDakotaproducer.The sioner.Seedpotatoesmaymeettherecipient producer may plant the seed standardsbybeingcertifiedinaccor-potatoesonlyforcommercialproduc- dance with this chapter and rules adopt-tion.Theseedpotatoesmaynotbe ed by the commissioner, or under therecertified or retained for use in the fol- certification program of another state orlowing production cycle. province which, in the judgment of thecommissioner,providesequivalent3.If the seed commissioner determines assurances of seed potato quality. Seed Figure 2. Late blight in seed tuber. that seed potatoes meeting the require- potatoes may be planted without certifi-ments of this section are not available in cationiftheyhavehadatleastfield with this section to be planted for thatsufficientquantitiestofulfillplanting inspection as required for certified seed growing season if the seed does not poseneeds, the seed commissioner may per- potatoes, have passed the field inspec- a serious disease threat.mit the planting of seed potatoes with a tion standards of disease tolerance, andhigherdiseasecontent,providedthat arefreefromringrot.Apersonthat Each grower shall keep records of eachbacterial ring rot is not present and that plants seed potatoes in violation of this lot of seed potatoes planted. For eachno other serious disease threat section is subject to a civil penalty of growingseason,therecordsmustis posed. $20 per acre for each acre or part of an include, by field, the variety and sourceacre planted in violation of this section. of the seed potatoes. Each grower shall4.For purposes of this section, a "North Failure to maintain complete and accu- file records as prescribed by the commis-Dakota producer" means a person that rate records in accordance with this sec- sioner. All records must be made avail-growspotatoesonpropertylocated tionorrulesadoptedbythecommis- able for inspection by the commissionerwithin this state. sioner is an additional violation result- orthecommissioner\'sagentsduringing in a separate civil penalty of $200normal business hours.To clarify the Century Code 4.1-55-05, for each failure.1.a.(1) potatoes planted on more than In addition to the enforcement powersone acre must be certified seed. While, If there is not available to be planted in and penalties in this section, the com-1.b.(2)meansacommercialproducer this state, in any year, a sufficient vol- missionermayissueasubpoenatoamay replant his own seed, on his own umeofpotatoseedmeetingcertified grower in order to compel delivery offarm,foroneyearprovidedthatthe seed potato disease standards, in any or recordswhicharerequiredunderthisreplantseedwasgrownfromcertified allvarieties,thecommissionermay, section.Thesesubpoenasareenforce-seed the previous year. upon application by one or more grow- able by any court of competent jurisdic-ers, permit seed that does not comply tion.In North Dakota all seed laws provideJANUARY 2020 POTATO GROWER 23'