North Dakota Foundation Seedstocks


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Wholesale Seed Agreement

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Wholesale Purchase Agreement for CCIA Seed Increases Released by Other States

_________________________________ Variety

This Agreement is between___________________________________________ the Seed Increase Grower (GROWER) for the ___________________________Association (ASSOCIATION) and


_______________________________ (WHOLESALE BUYER), a retail seed outlet with its principal place of business at _____________________________, ND_________ for the purchase, sale or disposition of seed


produced of the above named NDSU variety in _____________(year).

The production of this seed by GROWER and ASSOCIATION was for the sole purpose of participating in the North Dakota Seed Increase Program to produce certified seed of new crop varieties on behalf of the North Dakota Agricultural Experiment Station (NDAES) under the terms of an NDAES Seed Increase Agreement. Transfer of ownership of this seed to the WHOLESALE BUYER does not absolve GROWER or ASSOCIATION from any conditions or requirements specified in the original Seed Increase Agreement.

1. Acceptance of this contract by GROWER, ASSOCIATION and WHOLESALE BUYER constitutes notice that this variety will be protected under the Plant Variety Protection Act. This seed or any seed propagated from this seed can be sold only as a class of certified seed unless notified otherwise by NDAES.

2. GROWER agrees to sell to WHOLESALE BUYER ___________bushels/pounds (specify units) of seed produced from the NDAES allotment received by the ASSOCIATION. Conditioned Unconditioned

3. GROWER agrees to provide WHOLESALE BUYER with seed that is eligible for certification by the ND State Seed Department as Registered/Certified (specify class) seed.
Registered Certified

4. GROWER agrees to pay the ASSOCIATION fee on each bushel/pound of the increase which is sold as seed or retained by GROWER for planting and research fees that will be collected by the ND State Seed Department. No Association fee is due on seed sold or planted after July 1 of the year following the year seed was produced.

5. WHOLESALE BUYER agrees to pay GROWER $___________per bushel/pound (specify units) at time of delivery, plus any added shipping or handling costs to which they have agreed.

6. WHOLESALE BUYER shall inform any purchaser of this seed that the variety will be protected under the Plant Variety Protection Act. No seed may be sold or moved into CANADA or any other country without written permission from the NDSU Research Foundation.

7. If at any time the seed loses certification status or is deemed unfit as seed for planting purposes, WHOLESALE BUYER agrees to dispose of any remaining portion of the lot as commercial grain so that variety identity is lost.

Signed______________________________________________________ Date: ___________________ (GROWER)


Signed______________________________________________________ Date: ___________________ (WHOLESALE BUYER)

Signed______________________________________________________ Date: ___________________ (ASSOCIATION REPRESENTATIVE)

1 copy to WHOLESALE BUYER - 1 copy to GROWER - 1 copy to ASSOCIATION - 1 copy to FOUNDATION SEEDSTOCKS

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