38-12A-26. Purpose of committee--Nonbinding report--Evidence in litigation.
The purpose of the arbitration committee is to assist consumers and seedsmen, seed producers, and seed dealers in determining the validity of complaints made by consumers and recommend total money damages resulting from alleged failure of seed to produce as represented by label on the seed package. Any report of the arbitration committee is nonbinding. The consumer or the seedman, seed producer, or seed dealer may offer the report as evidence in any litigation.
Source: SL 1988, ch 314, ยง25.
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.