38-12A-6. Label required for containers of tree and shrub seeds--Contents--Exception.
Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached hereto in a conspicuous place a plainly written or printed label or tag, giving the following information. However, labeling of tree and shrub seed supplied under contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or on the invoice if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling:
(1)Common name of the species of seed and subspecies, if appropriate;
(2)The scientific name of the genus and species and subspecies, if appropriate;
(3)Lot number or other lot identification;
(4)Origin;
(a)For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as state or county;
(b)For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand or state "origin not indigenous";
(5)Purity as a percentage of pure seed by weight;
(6)For those species for which standard germination testing procedures are prescribed by the secretary pursuant to §38-12A-20, the following:
(a)Percentage germination exclusive of hard and dormant seed;
(b)Percentage of hard and dormant seed, if present;
(c)The calendar month and year the test was completed to determine such percentages.
In lieu of germination information the seed may be labeled "Test is in process, results shall be supplied upon request";
(7)For those species for which standard germination testing procedures have not been prescribed, the calendar year in which the seed was collected;
(8)The name and address of the seedsman or seed producer who labeled the seed.
Source: SL 1988, ch 314, §6.
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.