South Dakota Codified Laws
Chapter 12A - Seed Standards And Labeling
Section 38-12A-20 - Promulgation of rules by secretary.

38-12A-20. Promulgation of rules by secretary.
The secretary may promulgate rules, pursuant to the provisions of chapter 1-26, which are consistent with the following:
(1)To provide application forms for seed permits;
(2)To provide for procedures for contested cases;
(3)To designate which weed seeds are prohibited or restricted;
(4)To establish standards for sampling, inspecting, analyzing, and testing seeds;
(5)To establish the tolerances to be used;
(6)To establish which kinds of seed have to be labeled as to variety, variety not stated, type or performance characteristics;
(7)To establish standards for allowable weed seed or restricted noxious weed seed;
(8)To establish the length of time for which a germination test shall be acceptable;
(9)To establish standards for percentage of germination and inert matter;
(10)To establish which seeds a farmer can produce and sell without a label;
(11)To establish which seeds are subject to specific labeling and germination requirements;
(12)To establish standards for enforcement of plant variety protection;
(13)To provide procedures for releasing seed from stop sales;
(14)To establish standards for imposing civil penalties;
(15)To establish standards for labels;
(16)To establish standards for size of file samples;
(17)To establish procedures and standards for the arbitration committee and the arbitration process;
(18)To establish standards for the sale, transportation, storage, planting, disposal, or other use of seed and for the posting of planted sites and notification of seed use.

Source: SL 1988, ch 314, §20; SL 2005, ch 211, §1.

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