21.1195 MINIMUM STANDARDS FOR PLANTING.
Seed potatoes may not be planted in the state in lots of ten or more acres unless the seed
meets the minimum disease standards prescribed by the commissioner. Seed potatoes may
meet the standards by being certified in accordance with this chapter and rules adopted by the
commissioner, or under the certification program of another state or province which, in the
judgment of the commissioner, provides equivalent assurances of seed potato quality. Seed
potatoes may be planted without certification if they have had at least field inspection as required
for certified seed potatoes, have passed the field inspection standards of disease tolerance, and
are free from ring rot. A person that plants seed potatoes in violation of this section is subject
to a civil penalty of $20 per acre for each acre or part of an acre planted in violation of this
section. Failure to maintain complete and accurate records in accordance with this section or rules
adopted by the commissioner is an additional violation resulting in a separate civil penalty of
$200 for each failure.
If there is not available to be planted in this state, in any year, a sufficient volume of potato
seed meeting certified seed potato disease standards, in any or all varieties, the commissioner
may, upon application by one or more growers, permit seed that does not comply with this section
to be planted for that growing season if the seed does not pose a serious disease threat.
Each grower shall keep records of each lot of seed potatoes planted. For each growing
season, the records must include, by field, the variety and source of the seed potatoes. Each
grower shall file records as prescribed by the commissioner. All records must be made available
for inspection by the commissioner or the commissioner's agents during normal business hours.
In addition to the enforcement powers and penalties in this section, the commissioner may
issue a subpoena to a grower in order to compel delivery of records which are required under this
section. These subpoenas are enforceable by any court of competent jurisdiction.
History: 1987 c 124 s 1