reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-30 - Use by Commodity Credit Corporation of identification numbers--Access of state officials to records.

38-10-30. Use by Commodity Credit Corporation of identification numbers--Access of state officials to records.
The Commodity Credit Corporation's use of identification numbers in lieu of the name of the grower from whom the fee was collected is hereby approved, such approval being in consideration of assurance received from the Commodity Credit Corporation that authorized officials of the State of South Dakota will have access at all reasonable times to records in the county agricultural stabilization and conservation offices showing the names of growers to whom such identification numbers have been assigned.
Source:
SL 1961, ch 11, §12 (3).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-31 - Fee paid at time of federal loan as complete satisfaction.

38-10-31. Fee paid at time of federal loan as complete satisfaction.
If such wheat, described in §38-10-28, remains in farm storage for the duration of such pledge or mortgage, the promotional fee so paid at the time the loan was made shall be deemed a complete satisfaction of the promotional fee liability unless upon subsequent actual delivery of such wheat from farm storage in satisfaction of the pledge, or mortgage in the amount of one dollar or more, such underpayment being due solely for the necessity of estimating the quantity of wheat so placed in farm storage.
Source:
SL 1961, ch 11, §12 (4).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-32 - Minor errors in fee collection overlooked.

38-10-32. Minor errors in fee collection overlooked.
In connection with the collection of the wheat promotional fee on Commodity Credit Corporation wheat loans disbursed and purchase agreement settlement made, undercollections or overcollections of the wheat promotional fee amounting to one dollar or less as a result of errors, will not require collection of the underpayment or refund of the overpayment by commodity credit corporation and their responsibility in such cases shall be waived.
Source:
SL 1961, ch 11, §12 (5).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-33 - Assessment of fee by director on failure to file report--Penalty--Time of payment.

38-10-33. Assessment of fee by director on failure to file report--Penalty--Time of payment.
If any person, business or entity, public or private, subject to the fee under §38-10-22, fails to make a report and remittance when and as required in this chapter, the executive director of the wheat commission shall determine the amount of such fee according to his best judgment and information, which amount so fixed shall be prima facie correct, and such person so having failed to make such report shall, within ten days after notice of the amount of the fee so fixed and computed by the director is mailed to such person, pay said fee, together with a penalty of five percent on the amount of the fee or he may dispute the fee as fixed by the director and request the commission to hold a hearing to determine the amount of the fee and penalty to be imposed. No payment may be made until the commission enters its order determining the amount of such payment, but such shall be paid within ten days of notice of such decision.
Source:
SL 1961, ch 11, §15 (3); SL 1993, ch 302, §15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-34 - Application for refund of fee erroneously collected--Time for refund--Waiver by failure to file claim.

38-10-34. Application for refund of fee erroneously collected--Time for refund--Waiver by failure to file claim.
Any person, firm, or corporation subject to the fee provided in this chapter that objects to the collection of the fee may, within sixty days following the collection, apply to the wheat commission for a refund of the fee. Upon the return of the refund application, accompanied by a true, legible record of the invoices delivered by the purchaser to the grower, the commission shall, within thirty days, refund the net amount of the fee collected to the grower. If no request for refund has been made within sixty days after the collection of the fee, the grower shall be conclusively presumed to have agreed to the deduction.
Source:
SL 1961, ch 11, §17; SL 1985, ch 309, §2; SL 1990, ch 318, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-35 - Deposit and appropriation of fees.

38-10-35. Deposit and appropriation of fees.
All moneys received on behalf of the wheat commission from the fees assessed in §38-10-22, shall be deposited in a special revenue fund created in the state treasury and shall be continuously appropriated to the commission. Expenditures of these funds shall be disbursed solely by order of the commission in accordance with the provisions of Title 4 and the provisions of this chapter.
Source:
SL 1961, ch 11, §18; SL 1975, ch 62, §2; SL 1993, ch 302, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-37 - Violation of chapter as misdemeanor.

38-10-37. Violation of chapter as misdemeanor.
Any person violating any of the provisions of this chapter is guilty of a Class 2 misdemeanor.
Source:
SL 1961, ch 11, §20; SL 1977, ch 190, §303.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-39 - Commission financial reports--Annual audit.

38-10-39. Commission financial reports--Annual audit.
The commission shall annually submit a financial report and informational budget to the secretary of agriculture and natural resources in accordance with §4-7-7.2. Accounts of the commission are subject to annual audit by the auditor general.
Source: SL 1993, ch 302, §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-40 - Liability for omissions.

38-10-40. Liability for omissions.
No liability may be imposed upon the State of South Dakota for any acts, or omissions of the commission pursuant to this chapter.
Source:
SL 1993, ch 302, §18.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-41 - Commission may contract with Public Utilities Commission to inspect assessment and checkoff records.

38-10-41. Commission may contract with Public Utilities Commission to inspect assessment and checkoff records.
The commission may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the amount the commission shall reimburse the Public Utilities Commission for the inspections.
Source:
SL 1996, ch 245, §1; SL 2009, ch 196, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-1 - Appointment and terms of board members--Vacancies.

38-11-1. Appointment and terms of board members--Vacancies.
The State Seed Certification Board shall consist of five members appointed by the secretary of agriculture and natural resources, with terms of office so arranged that one and only one expires each year, and as each expires the succeeding term shall be for a period of five years and until a successor is appointed and qualifies. Vacancies may be filled by appointment by the secretary of agriculture and natural resources for the balance of the unexpired term.
Source: SL 1947, ch 18, §1; SL 1949, ch 12; SDC Supp 1960, §4.10B01; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-1.1 - Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board.

38-11-1.1. Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board.
The Seed Certification Board shall be administered under the direction and supervision of the College of Agriculture and Biological Sciences at South Dakota State University and the dean of the college, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions, as defined in § 1-32-1, otherwise vested in it and shall exercise those functions independently of the dean and the college.
Source:
SL 1973, ch 2, §192; SL 2006, ch 205, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-2 - Composition and representation on board--Recommendations for appointment.

38-11-2. Composition and representation on board--Recommendations for appointment.
All members of the State Seed Certification Board shall be electors of the state; two shall be persons recommended for appointment by the South Dakota Crop Improvement Association; one shall be a representative of the State Department of Agriculture and Natural Resources; two shall be persons recommended by the dean of agriculture at South Dakota State University. The members of the board shall be appointed so as to represent all areas of the state. The secretary of agriculture and natural resources shall make these appointments from lists of two or more names submitted for each position on the board.
Source: SL 1947, ch 18, §1; SL 1949, ch 12; SDC Supp 1960, §4.10B01; SL 2006, ch 205, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-3 - Oath of board members--Officers of board.

38-11-3. Oath of board members--Officers of board.
The members of the State Seed Certification Board shall qualify by taking and subscribing to the oath of office required by civil officers of the state.
The board shall elect a president, vice-president, and secretary from among their number for a term of one year, beginning at the annual meeting at which they are elected.
Source:
SL 1947, ch 18, §1; SL 1949, ch 12; SDC Supp 1960, §4.10B01.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-4 - Meetings of board.

38-11-4. Meetings of board.
The State Seed Certification Board shall hold its meetings at such times and places as it designates. The board shall hold at least one, but not more than four regular meetings each year, including the annual meeting. At the annual meeting the president, vice-president, and secretary shall be elected for the ensuing year. The president of the board may call special meetings whenever the president judges it necessary.
Source:
SL 1947, ch 18, §2; SDC Supp 1960, §4.10B02; SL 2006, ch 205, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-6 - Official seed certifying agency for state.

38-11-6. Official seed certifying agency for state.
The secretary of agriculture and natural resources and the dean of the College of Agriculture and Biological Sciences at South Dakota State University shall designate the official seed certifying agency for the state. The State Seed Certification Board may designate one or more public or private entities to perform necessary seed certification activities under the supervision of the board. The board may designate separate official certification agencies for various types or classifications of seed or propagating materials. The board shall notify the secretary and the dean of any designations made pursuant to this section.
Source: SL 1947, ch 18, §3; SDC Supp 1960, §4.10B03 (1); SL 1982, ch 280; SL 2006, ch 205, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-7 - Standards for certification--Rules and regulations.

38-11-7. Standards for certification--Rules and regulations.
The State Seed Certification Board may promulgate rules pursuant to chapter 1-26 to regulate the production, processing, and distribution of certified seed and to establish standards for certified seed. The term, seed, as used in this section includes all propagating materials.
Source:
SL 1947, ch 18, §3; SDC Supp 1960, §4.10B03 (1), (2); SL 1986, ch 326, §15; SL 1990, ch 319.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 11 - State Seed Certification Board › Section 38-11-8 - Rules, regulations, and orders for execution of powers.

38-11-8. Rules, regulations, and orders for execution of powers.
The State Seed Certification Board is hereby authorized to make orders for the execution of the powers conferred upon it and the performance of its duties, so as to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. The board may likewise amend or repeal all such orders.
Source:
SL 1947, ch 18, §3; SDC Supp 1960, §4.10B03 (2) (a); SL 1986, ch 326, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-2 - Label required for containers of agricultural seeds--Contents.

38-12A-2. Label required for containers of agricultural seeds--Contents.
Each container of agricultural seed which is sold, offered for sale, or exposed for sale, held for storage, or transported within this state with the intent to sell for sowing purposes shall bear or have attached in a conspicuous place a plainly written or printed label giving the following information:
(1)The name of the kind or kind and variety or kind and "variety not stated" for each agricultural seed component in excess of five percent of the whole and the percentage by weight of each in order of its predominance. Mixtures shall be listed on the label using the term "mixture," "mixed," or "mix";
(2)Hybrids shall be labeled as hybrids except if the pure seed contains less than seventy-five percent hybrid seed. If the percentage of the hybrid seed is greater than seventy-five percent, but less than ninety-five percent, the percentage of hybrid shall be labeled parenthetically following the variety;
(3)Lot number or other lot identification;
(4)Origin as to state or foreign country, if known, of perennials when grown in this state. If unknown, the label shall state that the origin is unknown;
(5)Percentage by weight of all weed seed;
(6)Name and rate of occurrence of each kind of restricted noxious weed seed, listed under the heading "noxious weed seeds";
(7)Percentage by weight of agricultural seeds other than those required to be named on label, listed under the heading "Other Crop";
(8)Percentage by weight of inert matter;
(9)For each named agricultural seed:
(a)Percentage of germination, exclusive of hard and dormant seed;
(b)Percentage of hard and dormant seed, if present;
(c)The additional statement "total germination and hard and dormant seed" may be stated if desired;
(d)The calendar month and year the test was completed to determine such percentages;
(10)Tetrazolium tests may be substituted for germination tests for the kinds and time prescribed by the secretary in accordance with §38-12A-20;
(11)Name and address of the seedsman or seed producer who labeled the seed.
Source:
SL 1988, ch 314, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-3 - Label required for containers of lawn and turf seed--Contents.

38-12A-3. Label required for containers of lawn and turf seed--Contents.
Each container of lawn and turf seed which is sold, offered for sale, or exposed for sale, held for storage, or transported within this state with the intent to sell for sowing purposes shall bear or have attached in a conspicuous place a plainly written or printed label giving the following information:
(1)The name of the kind or kind and variety for each lawn and turf seed component in excess of five percent of the whole and the percentage by weight of each in order of its predominance. Mixtures shall be listed on the label using the term "mixture," "mixed," or "mix";
(2)Lot number or other lot identification;
(3)Percentage by weight of all weed seed;
(4)Name and rate of occurrence of each kind of restricted noxious weed seed, listed under the heading "noxious weed seeds";
(5)Percentage by weight of crop seeds other than those required to be named on label, if present, listed under the heading "other crop";
(6)Percentage by weight of inert matter;
(7)For each named lawn and turf seed:
(a)Percentage of 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, or an expiration date, or the year for which the seed was packed for sale listed as "packed for __________";
(8)Name and address of the seedsman or seed producer who labeled the seed.
Source:
SL 1988, ch 314, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-4 - Label required for containers of vegetable seeds in planting devices--Contents.

38-12A-4. Label required for containers of vegetable seeds in planting devices--Contents.
Each container of vegetable seeds, or of vegetable seeds in preplanted containers, mats, tapes, or other planting devices, which is sold, offered for sale, or exposed for sale, held for storage, or transported within this state with the intent to sell for sowing purposes shall bear or have attached in a conspicuous place a plainly written or printed label giving the following information:
(1)The name of the kind and variety for each vegetable seed component in excess of five percent of the whole and the percentage by weight of each in order of its predominance. Mixtures shall be listed on the label using the term "mixture," "mixed," or "mix."
(2)Hybrids shall be labeled as hybrid except if the pure seed contains less than seventy-five percent hybrid seed. If the percentage of hybrid seed is greater that seventy-five percent but less than ninety-five percent the percentage of hybrid shall be labeled parenthetically following the variety;
(3)Lot number or other lot identification;
(4)Percentage by weight of all weed seed when present;
(5)Name and rate of occurrence of each kind of restricted noxious weed seed if present, listed under the heading "noxious weed seeds";
(6)Name and address of the seedsman or seed producer who labeled the seed;
(7)For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:
(a)The year for which the seed was packed for sale as "packed for ______" or the percentage germination and the calendar month and year the test was completed to determine such percentage, or an expiration date;
(b)For vegetable seeds which germinate less than the standards prescribed by the secretary pursuant to §38-12A-20:
(i)Percentage of germination, exclusive of hard and dormant seed;
(ii)Percentage of hard and dormant seed, if present;
(iii)The words "Below standards" in not less than eight-point type;
(c)For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container;
(8)For each named vegetable seed in containers other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:
(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.
Source:
SL 1988, ch 314, §4; SL 1989, ch 30, §66.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-5 - Label required for containers of flower seeds or flower seeds in planting devices--Contents.

38-12A-5. Label required for containers of flower seeds or flower seeds in planting devices--Contents.
Each container of flower seeds or flower seeds in preplanted containers, mats, tapes, or other planting devices which are sold, offered for sale, or exposed for sale, held for storage, or transported within this state with the intent to sell for sowing purposes shall bear or have attached in a conspicuous place a plainly written or printed label giving the following information:
(1)The name of the kind and variety for each flower seed or a statement of type and performance characteristics. Mixtures shall be listed on the label using the term "mixture," "mixed," or "mix";
(2)Hybrids shall be labeled as hybrids except if the pure seed contains less than seventy-five percent hybrid seed. If the percentage of hybrid seed is greater than seventy-five percent but less than ninety-five percent, the percentage of hybrid shall be labeled parenthetically following the variety;
(3)The percentage by weight of pure seed, except this may be omitted if that percentage meets standards prescribed by the secretary pursuant to §38-12A-20;
(4)Lot number or other lot identification;
(5)Percentage by weight of all weed seed when present in flower seed;
(6)Name and rate of occurrence of each kind of restricted noxious weed seed if present, listed under the heading "noxious weed seeds";
(7)The year for which the seed was packed for sale listed as "Packed for ____," or the month and the year the percentages for germination were determined by test, or an expiration date;
(8)For flower seeds for which standard testing procedures are prescribed and which germinate less than the standard prescribed by the secretary pursuant to §38-12A-20, the percentage of germination exclusive of hard and dormant seeds and the words "below standard" in not less that eight-point type;
(9)The name and address of the seedsman or seed producer who labeled the seed;
(10)For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.
Source:
SL 1988, ch 314, §5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-25 - Appointment of committee members--Election of chairman and secretary.

38-12A-25. Appointment of committee members--Election of chairman and secretary.
The secretary shall appoint an arbitration committee composed of five members and five alternate members.
One member and one alternate member shall be appointed upon recommendation of each of the following:
(1)Director of extension at South Dakota State University;
(2)Director of the agriculture experiment station at South Dakota State University;
(3)President, South Dakota Seed Trade Association;
(4)President, a farmer organization as the secretary may determine to be appropriate;
(5)Secretary, Department of Agriculture and Natural Resources.
Each member and alternate shall continue to serve until replaced by the secretary. Each alternate member shall serve only in the absence of the member for whom he is an alternate. The committee shall elect a chairman and a secretary from its membership. The chairman shall conduct all meetings and deliberations held by the committee and direct all other activities of the committee. The secretary shall keep accurate and correct records on all meetings and deliberations and perform other duties for the committee as directed by the chairman.
Source: SL 1988, ch 314, §24; SL 1989, ch 30, §66A; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.