38-12A-19. Powers of secretary.
The secretary may:
(1)Enter upon any public or private premises during regular business hours in order to have access to seeds and to the records subject to this chapter;
(2)Inspect, sample, make analysis of, and test seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;
(3)Inspect the records of seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;
(4)Establish and maintain a seed laboratory for seed testing or to cooperate with other persons, agencies or institutions in seed testing and reporting of results;
(5)Employ qualified persons, and to incur such expenses as may be necessary to comply with the provisions of this chapter;
(6)Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of seed which is in violation of any of the provisions of this chapter. The order shall prohibit further sale, conditioning, and movement of the seed, except on approval of the agent issuing the stop sale or the secretary, until the secretary has evidence that the law has been complied with and has issued a "Release From Stop Sale" order for the seed;
(7)Request from a court of competent jurisdiction and carry out a seizure on any lot of seed for which a stop sale order has been issued and the person having responsibility has failed to abide by the stop sale order. The court shall order disposition of the seed after any criminal or civil proceedings are terminated;
(8)Cooperate with the United States Department of Agriculture, regulatory agencies of other states, and other agencies of this state in seed law enforcement.
Source: SL 1988, ch 314, ยง19.
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.