South Dakota § 38-12A-20 Promulgation of rules by secretary.

South Dakota Statutes

§ 38-12A-20 — Promulgation of rules by secretary.

South Dakota § 38-12A-20

Title 38AGRICULTURE AND HORTICULTURE

Ch. 38-12ASEED STANDARDS AND LABELING

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Bluebook

S.D. Codified Laws § 38-12A-20 (2026).

Text

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

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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.