38-12A-16. Unlawful sale, offer for sale, or transportation for sale of seed within state--Violation as misdemeanor.
It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any seed within this state:
(1)Unless a test to determine the percentage of germination has been made within specified time limits prescribed by the secretary pursuant to §38-12A-20, or the seed is sold only in the year for which the label states that it was packed, or the seed is sold before the expiration date stated on the label;
(2)Which is not labeled in accordance with the provisions of this chapter;
(3)Which has a false, misleading, or incomplete label;
(4)Which a false or misleading advertisement has been used in respect to its sale;
(5)Which contains prohibited noxious weed seeds in any amount;
(6)Which consists of or contains restricted noxious weed seeds in excess of standards prescribed by the secretary pursuant to §38-12A-20, or in excess of the number declared on the label attached to the container of the seed or associated with the seed;
(7)Which contains weed seeds in excess of standards prescribed by the secretary pursuant to §38-12A-20, or in excess of the amount declared on the label;
(8)If any label or advertisement represents such seed to be certified unless the certification has been determined by an official certifying agency and the seed bears an official label issued for the seed by that agency stating that the seed is certified;
(9)If a United States certificate of plant variety protection has been applied for or issued in accordance with the plant variety protection act for the kind and variety being sold, except with the approval of the owner of the variety or except by variety name as a class of certified seed in accordance with Title V of the Federal Seed Act.
A violation of this section is a Class 1 misdemeanor.
Source: SL 1988, ch 314, §16.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 12A - Seed Standards And Labeling
Section 38-12A-1 - Definition of terms.
Section 38-12A-2 - Label required for containers of agricultural seeds--Contents.
Section 38-12A-3 - Label required for containers of lawn and turf seed--Contents.
Section 38-12A-4 - Label required for containers of vegetable seeds in planting devices--Contents.
Section 38-12A-6 - Label required for containers of tree and shrub seeds--Contents--Exception.
Section 38-12A-7 - Contents of label for treated seed.
Section 38-12A-8 - Seed sold in bulk--Display of label on container--Customer copy--Exception.
Section 38-12A-9 - Seed test to determine label information.
Section 38-12A-10 - Exceptions to labeling requirements.
Section 38-12A-11 - Seed dealers permit required--Exception--Expiration--Fee.
Section 38-12A-11.1 - Seed fund established--Purpose--Appropriations.
Section 38-12A-12 - Contents of advertisement by person excepted from seed permit.
Section 38-12A-13 - Records of seed lots--File samples--Inspection--Use by secretary.
Section 38-12A-14 - Secretary provided copy of records and access to premises.
Section 38-12A-15 - Modification, revocation, or refusal to renew permit for violations.
Section 38-12A-17 - Additional prohibited acts--Violation as misdemeanor.
Section 38-12A-18 - Additional civil penalty.
Section 38-12A-19 - Powers of secretary.
Section 38-12A-20 - Promulgation of rules by secretary.
Section 38-12A-21 - Right of consumer to submit claim to arbitration.
Section 38-12A-25 - Appointment of committee members--Election of chairman and secretary.
Section 38-12A-26 - Purpose of committee--Nonbinding report--Evidence in litigation.
Section 38-12A-27 - Session called by secretary or upon direction of chairman.
Section 38-12A-28 - Investigation by committee--Recommendation--Hearings.
Section 38-12A-29 - Investigation by majority of committee directed by chairman--Summary.
Section 38-12A-30 - Members not compensated--Reimbursement for expenses.