reglab/housing_qa huggingface dataset:
SD Codified L § 38-12A-6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-6 - Label required for containers of tree and shrub seeds--Contents--Exception.

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.
SD Codified L § 38-12A-7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-7 - Contents of label for treated seed.

38-12A-7. Contents of label for treated seed.For all named seed which is treated, for which a separate label may be used, the label shall contain:(1)A word or statement to indicate that the seed has been treated;(2)The commonly accepted, coined, chemical, or abbreviated generic chemical name of the applied substance;(3)The caution statement "Do not use for food, feed, or oil purposes" if the treatment or coating is present in an amount that is harmful to human or other vertebrate animals;(4)In addition, for highly toxic substances, a poison statement or the skull and crossbones symbol shall be shown on the label;(5)A word or statement describing the purpose for a treatment if the treatment is not of pesticide origin;(6)The date beyond which the inoculant is no longer considered effective if the seed is treated with an inoculant, listed on the label as "Inoculant expires (month and year)" or wording that conveys the same meaning;(7)The percentage by weight of coating in each container;(8)The percentage by weight of pure seed with coating material removed.The percentage of germination on coated seed shall be labeled on the basis of a determination made on at least four hundred pellets or capsules, whether or not they contain seed. Source: SL 1988, ch 314, §7.
SD Codified L § 38-12A-8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-8 - Seed sold in bulk--Display of label on container--Customer copy--Exception.

38-12A-8. Seed sold in bulk--Display of label on container--Customer copy--Exception.If seed is offered or exposed for sale in bulk or sold from bulk, the label information requested by §§38-12A-2 to 38-12A-7, inclusive, shall be conspicuously displayed on the container or bin. A copy of the label or label information shall be presented to the consumer upon sale except for sale of lawn and turf, vegetable, or flower seed when weighed or measured from bulk in the presence of the consumer. Source: SL 1988, ch 314, §8.
SD Codified L § 38-12A-9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-9 - Seed test to determine label information.

38-12A-9. Seed test to determine label information.Information on a label shall be determined by a seed test conducted by an official state or federal seed laboratory or under the supervision of a registered or certified seed technologist. However, any person may conduct seed tests in his own laboratory to determine label information for his own seed without the supervision of a registered or certified seed technologist. Source: SL 1988, ch 314, §9.
SD Codified L § 38-12A-10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-10 - Exceptions to labeling requirements.

38-12A-10. Exceptions to labeling requirements.The provisions of §§38-12A-2 to 38-12A-6, inclusive, do not apply to:(1)Seed or grain not intended for sowing purposes;(2)Seed in storage in or being transported or consigned to a conditioning establishment for conditioning, provided that the invoice or labeling accompanying any lot of seed bears the statement "seed for conditioning" and provided that any labeling or other representation which may be made with respect to the unconditioned seed shall be subject to this chapter;(3)Seed which is in the possession of a seedsman or seed producer and has been conditioned or carried over from a previous sales season or is being transported to another seedsman provided that the seed is not exposed to consumers and that either a test to determine label information is in progress or that the records or a representative label with or accompanying each lot contain current label information;(4)Any carrier with respect to seed transported or delivered for transportation in the ordinary course of its business as a carrier, provided that the carrier is not engaged in producing, conditioning, or marketing seeds subject to this chapter;(5)A farmer, when certain large or coarse seeds prescribed by the secretary pursuant to §38-12A-20 that do retain their identity are grown, sold and delivered by that farmer on his own premises to a seedsman or consumer. Such seeds, if taken to community sales for sale or if publicly advertised for sale or containing "noxious weeds" shall be labeled in accordance with this chapter. Source: SL 1988, ch 314, §10.
SD Codified L § 38-12A-11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-11 - Seed dealers permit required--Exception--Expiration--Fee.

38-12A-11. Seed dealers permit required--Exception--Expiration--Fee.No person may sell, distribute, advertise, solicit orders for, offer for sale, expose for sale, or transport seed without first obtaining from the Department of Agriculture and Natural Resources a permit to engage in the business. No permit is required of any person selling or advertising seed of the person's own production in South Dakota, if the seed is stored or delivered to a purchaser only on or from the farm or premises where grown or the production and sale of seed is not a primary endeavor and primary source of income to such persons. Each permit shall expire on the thirty-first day of December of the year following the date of issue. The biennial fee for a seed permit is: Seedsman-- five hundred dollars; Seed producer-- seventy-five dollars; Seed dealer-- seventy-five dollars. Source: SL 1988, ch 314, §11; SL 2001, ch 215, §1; SL 2009, ch 197, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-12A-11.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-11.1 - Seed fund established--Purpose--Appropriations.

38-12A-11.1. Seed fund established--Purpose--Appropriations.Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the seed fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the seed program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. Source: SL 2001, ch 215, §2.
SD Codified L § 38-12A-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-12 - Contents of advertisement by person excepted from seed permit.

38-12A-12. Contents of advertisement by person excepted from seed permit.Any person excepted from a seed permit pursuant to §38-12A-11 who advertise seed in this state shall comply with this chapter. The advertisement shall include but not be limited to:(1)Kind, or kind and variety, or kind and "variety not stated";(2)Percentages of purity and germination;(3)The percentage by weight of other crop seed, if present;(4)The rate of occurrence of any restricted noxious weed seed, if present;(5)The percentage by weight of all weed seed, if present;(6)The name and telephone number or the name and address of the person commissioning the advertisement. Source: SL 1988, ch 314, §12.
SD Codified L § 38-12A-13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-13 - Records of seed lots--File samples--Inspection--Use by secretary.

38-12A-13. Records of seed lots--File samples--Inspection--Use by secretary.Each seedsman or seed producer whose name appears on the label as handling seed subject to this chapter shall keep for a period of three years after final disposition complete records of each lot of seed handled and keep for one year after final disposition a file sample of each lot of seed. Each seed dealer who handles seed shall keep, for a period of one year after final disposition, complete records of each lot of seed handled. Seed dealers do not have to keep file samples. All records and samples pertaining to the lots of seed involved shall be accessible for inspection by the secretary or his agent during normal business hours. Information obtained from records and from applications shall be for the sole use of the secretary in carrying out the provisions of this chapter. Source: SL 1988, ch 314, §13.
SD Codified L § 38-12A-14 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-14 - Secretary provided copy of records and access to premises.

38-12A-14. Secretary provided copy of records and access to premises.Upon acknowledgment of signature of application for seed permit, each applicant shall agree to provide the secretary with a legible copy of any records, and access during customary business hours to premises where seed is sold, handled, or stored. Source: SL 1988, ch 314, §14.
SD Codified L § 38-12A-15 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-15 - Modification, revocation, or refusal to renew permit for violations.

38-12A-15. Modification, revocation, or refusal to renew permit for violations.After a hearing conducted pursuant to chapter 1-26, the department may modify, revoke, or refuse to renew a permit issued under this chapter if the applicant is in violation of or continues to violate any provision of this chapter. Source: SL 1988, ch 314, §15.
SD Codified L § 38-12A-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-16 - Unlawful sale, offer for sale, or transportation for sale of seed within state--Violation as misdemeanor.

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.
SD Codified L § 38-12A-17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-17 - Additional prohibited acts--Violation as misdemeanor.

38-12A-17. Additional prohibited acts--Violation as misdemeanor.It is unlawful for any person:(1)To alter or deface any label so that the information is false or misleading or to mutilate any label;(2)To use in any manner any disclaimer, limited warranty or nonwarranty of information provided on a label pursuant to §§38-12A-2 to 38-12A-7, inclusive;(3)To disseminate any false or misleading advertisements concerning seed;(4)To issue any statement, invoice or declaration as to the variety or certification of any seed which is false or misleading;(5)To issue any statement or declaration identifying a lot of seed by variety name if the label states "variety not stated";(6)To hinder or obstruct the secretary or an authorized agent in the performance of official duties under this chapter;(7)To fail to comply with a "stop sale" order, or to move or otherwise handle or dispose of any quantity of seed held under a "stop sale" order, or a stop sale tag attached thereto, except with express permission of the agent who issued the stop sale in writing and except for the purpose specified therein;(8)To plant seed which the person knows contains a prohibited noxious weed seed or restricted noxious weed seed in excess of the standards for that seed.A violation of this section is a Class 1 misdemeanor. Source: SL 1988, ch 314, §17.
SD Codified L § 38-12A-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-18 - Additional civil penalty.

38-12A-18. Additional civil penalty.In addition to the criminal penalties imposed under this chapter, a person is subject to a further civil penalty to the State of South Dakota as prescribed by the secretary pursuant to §38-12A-20 not to exceed ten times the retail value of any seed involved in the violation or a maximum of one thousand dollars per violation. Source: SL 1988, ch 314, §18.
SD Codified L § 38-12A-19 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-19 - Powers of secretary.

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, §19.
SD Codified L § 38-12A-20 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|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.
SD Codified L § 38-12A-21 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-21 - Right of consumer to submit claim to arbitration.

38-12A-21. Right of consumer to submit claim to arbitration.If any consumer is damaged by the failure of seed to produce or perform as represented by the label attached to the seed, or by warranty, or as a result of negligence, the consumer shall have the right to submit the claim to arbitration as provided in this chapter. The filing of a claim for arbitration is not a prerequisite to the consumer's right to maintain a legal action. Source: SL 1988, ch 314, §21.
SD Codified L § 38-12A-22 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-22 - Right of seedsman, seed producer, or seed dealer to submit claim to arbitration--Statutes of limitations and legal proceedings tolled.

38-12A-22. Right of seedsman, seed producer, or seed dealer to submit claim to arbitration--Statutes of limitations and legal proceedings tolled.The seedsman, seed producer, or seed dealer shall also have the right to submit a claim to arbitration if conspicuous language calling attention to the requirement for arbitration is referenced or included on the label or otherwise conspicuously attached or printed on the container. Any applicable statutes of limitation and legal proceedings shall be tolled and stayed pending the outcome of the arbitration proceedings. Source: SL 1988, ch 314, §21A.
SD Codified L § 38-12A-23 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-23 - Filing of complaint against seedsman, seed producer, or seed dealer--Time limitation--Filing of answer.

38-12A-23. Filing of complaint against seedsman, seed producer, or seed dealer--Time limitation--Filing of answer.The consumer shall make a signed complaint against the seedsman, seed producer, or seed dealer alleging that damages may have been sustained. The consumer shall file the complaint with the secretary and shall send a copy of the complaint to the seedsman, seed producer, or seed dealer by United States registered mail. Except in case of seed which has not been planted the claim shall be filed within such time as to permit effective inspection of the plants under field conditions. Within five working days after receipt of a copy of complaint, the seedsman, seed producer, or seed dealer shall file with the secretary his answer to the complaint and send a copy to the consumer by United States registered mail. Source: SL 1988, ch 314, §22.
SD Codified L § 38-12A-24 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 12A - Seed Standards And Labeling|Section 38-12A-24 - Referring of complaint to arbitration committee--Discontinuation of investigation.

38-12A-24. Referring of complaint to arbitration committee--Discontinuation of investigation.The secretary shall refer the complaint and the answer to the arbitration committee for investigation, findings, and recommendation on the matters complained of. Upon receipt of same, the secretary shall transmit the findings and recommendation of the arbitration committee to the consumer and to the seedsman, seed producer, or seed dealer by United States registered mail. The investigation of the committee may be discontinued at any time if the consumer and the seedsman, seed producer, or seed dealer satisfy the complaint and the consumer requests that it be withdrawn. Source: SL 1988, ch 314, §23.