South Dakota Administrative Code

Rule 12:26:08:08 Repealed. 12:26:08:08. Grade labeling.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 7, effective August 4, 1975.

Rule 12:26:08:09 One egg exclusion rule. 12:26:08:09. One egg exclusion rule. For grades AA, A, and B, no lot shall be rejected or downgraded due to the quality of a single egg except for loss other than blood or meat spots. Source: 12 SDR 102, effective December 25, 1985; 12 SDR…

Rule 12:26:09:01 Classes of South Dakota consumer grades -- Weight requirements. 12:26:09:01. Classes of South Dakota consumer grades -- Weight requirements. The following are the classes of South Dakota consumer grades of shell eggs and their minimum net weight requirements: Oun…

Rule 12:26:09:02 Lot tolerances for weight classes of South Dakota consumer grades. 12:26:09:02. Lot tolerances for weight classes of South Dakota consumer grades. A lot tolerance of 3.3 percent of individual eggs in the next lower weight class is permitted as long as no individu…

Rule 12:26:10:01 Identification and sale of graded eggs. 12:26:10:01. Identification and sale of graded eggs. A person exposing or offering graded eggs for sale to consumers shall comply with the following requirements for identification and sale: (1) When graded eggs are exposed…

Rule 12:26:10:02 Grade and weight labeling. 12:26:10:02. Grade and weight labeling. Cases containing graded eggs must be identified with the letter of the grade and denotation of weight class by a legible marking on one end of each case in capital letters not less than one inch h…

Rule 12:26:10:03 Grade and weight required on advertisements for prices of shell eggs. 12:26:10:03. Grade and weight required on advertisements for prices of shell eggs. No person may advertise by sign, placard, or otherwise the price at which eggs are offered for sale without ma…

Rule 12:26:10:04 Restrictions on sales of grade B eggs. 12:26:10:04. Restrictions on sales of grade B eggs. No person may sell eggs below the quality of grade B in retail stores, nor may institutional consumers purchase eggs below the quality of grade B. Source: 2 SDR 7, effectiv…

Rule 12:26:11:01 Egg products to be used as animal food. 12:26:11:01. Egg products to be used as animal food. Eggs found unfit for human consumption to be used as animal food shall be denatured by adding one of the following products: (1) Meat or bone meal or fish meal; (2) Harml…

Rule 12:26:11:02 Eggs and egg products not designated for use as animal food. 12:26:11:02. Eggs and egg products not designated for use as animal food. Eggs found unfit for human consumption and not used for animal food shall be destroyed for human food purposes at the point of s…

Rule 12:26:12:01 Egg cleaning. 12:26:12:01. Egg cleaning. Eggs which require cleaning may be cleaned by either manual or mechanical means. The use of continuous, inline washers shall meet the following requirements: (1) Continuous washers shall have a complete water change at lea…

Rule 12:26:12:02 Oil treating procedures. 12:26:12:02. Oil treating procedures. Eggs may be treated by oil dipping, oil spraying, or oil emulsion spraying, but the methods used may not cause objectionable cloudiness in the whites. Oil treating and cleaning operations shall comply…

Rule 12:35:01:01 Seed certification standards. 12:35:01:01. Seed certification standards. In carrying out the administration of SDCL 38-11, the seed certification board shall follow the procedures and standards, excluding fees, set forth in Seed Certification Standards, South Dak…

Rule 12:35:01:02 Designation of certification agencies. 12:35:01:02. Designation of certification agencies. The South Dakota Potato Growers Association is the official certification agency for potatoes in South Dakota, and the Certification Division of the South Dakota Crop Impro…

Rule 12:36:01:01 Definitions. 12:36:01:01. Definitions. Terms defined in SDCL 38-12A-1 have the same meaning in this article. Source: 15 SDR 54, effective October 10, 1988. General Authority:SDCL 38-12A-20. Law Implemented:SDCL 38-12A-1.

Rule 12:36:02:01 Seed testing. 12:36:02:01. Seed testing. In carrying out the administration of SDCL 38-12A, inspectors shall follow the procedure set forth in the 2018 Rules for Testing Seeds, Association of Official Seed Analysts (October 1981, revised 2018). Source: SL 1975, c…

Rule 12:36:02:02 File samples. 12:36:02:02. File samples. A file sample of seed must be representative of the seed lot. Sample sizes are as follows: (1) Two ounces of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these; (2) Five ounces of re…

Rule 12:36:03:01 Prohibited noxious weed seeds. 12:36:03:01. Prohibited noxious weed seeds. Seed may not contain prohibited noxious weed seeds in any amount. Prohibited noxious weed seeds are as follows: (1) Field bindweed (Convolvulus arvensis); (2) Leafy spurge (Euphorbia esula…

Rule 12:36:03:02 Restricted noxious weed seeds. 12:36:03:02. Restricted noxious weed seeds. Restricted noxious weed seeds shall not exceed a cumulative total of 20 per pound. Restricted noxious weed seeds are as follows: (1) Wild oats (Avena fatua); (2) Dodder (Cuscuta spp.); (3)…

Rule 12:36:03:03 Maximum content of weed seed. 12:36:03:03. Maximum content of weed seed. Seed other than the grasses listed in this section may not contain more than one percent by weight of weed seed. Seed of the following grasses or mixtures of these grasses may not contain mo…

Rule 12:36:04:01 Maximum periods for germination test to be valid. 12:36:04:01. Maximum periods for germination test to be valid. The test to determine the percentage of germination must be completed within the following periods exclusive of the calendar month in which the test w…

Rule 12:36:04:02 Minimum germination standards for vegetable seeds. 12:36:04:02. Minimum germination standards for vegetable seeds. The minimum germination standards for vegetable seeds are as follows: (1) Artichoke, 60 percent (34) Eggplant, 60 percent (2) Asparagus, 70 percent …

Rule 12:36:04:03 Minimum germination standards for flower seeds. 12:36:04:03. Minimum germination standards for flower seeds. The kinds of flower seeds listed in this section are those for which standard testing procedures have been prescribed. The percentage listed with each kin…

Rule 12:36:04:04 List of tree and shrub species with standardized germination testing procedures. 12:36:04:04. List of tree and shrub species with standardized germination testing procedures. Tree and shrub seeds with standardized germination testing procedures available for them…

Rule 12:36:04:05 Seed for which TZ test may be used. 12:36:04:05. Seeds for which TZ test may be used. The result of a tetrazolium test may be shown in lieu of the percentage of germination to indicate the potential viability of green needlegrass (Nassella viridula) seed. For all…

Rule 12:36:05:01 Labeling requirements pertaining to variety. 12:36:05:01. Labeling requirements pertaining to variety. Labeling requirements pertaining to variety are as follows: (1) Agricultural seeds of barley, flax, oats, rye, soybeans, tricicale, and wheat shall be labeled a…

Rule 12:36:05:02 Labeling requirements for flower seeds -- Performance characteristics. 12:36:05:02. Labeling requirements for flower seeds -- Performance characteristics. Flower seeds prepared for use by home gardeners shall be labeled as to kind and variety or kind and performa…

Rule 12:36:05:03 Coarse seed enumerated. 12:36:05:03. Coarse seed enumerated. Coarse seeds are the seeds of corn, wheat, oats, barley, rye, triticale, spelt, emmer, buckwheat, sorghum, beans, peas. Source: 15 SDR 54, effective October 10, 1988. General Authority:SDCL 38-12A-20. L…

Rule 12:36:05:04 Use of purple or blue labels. 12:36:05:04. Use of purple or blue labels. The purple label used with seed is limited to the registered class of certified seed. The blue label used with seed is limited to the certified class of certified seed. The certified seed la…

Rule 12:36:06:01 Arbitration language. 12:36:06:01. Arbitration language. Language calling attention to the arbitration process shall be as follows or shall convey the same meaning as the following: "Sale subject to arbitration where applicable." Source: 15 SDR 54, effective Octo…

Rule 12:36:07:01 Oversight of sample collection. 12:36:07:01. Oversight of sample collection. If requested in writing by a farmer or patent holder of a transgenic seed, an employee of the Secretary of Agriculture and Natural Resources shall oversee the collection of samples by th…

Rule 12:36:07:02 Method of collecting samples. 12:36:07:02. Method of collecting samples. Plant material samples shall be acquired in a manner that is agreed upon by the farmer and the patent holder, prior to sample collection. If an agreement cannot be reached, the manner for sa…

Rule 12:36:07:03 Selection of laboratory and analytical methods. 12:36:07:03. Selection of laboratory and analytical methods. The farmer and the patent holder shall mutually agree upon the laboratory and the methods used for the analysis of samples. If the laboratory or methods c…

Rule 12:36:07:04 Retention of samples. 12:36:07:04. Retention of samples. Any plant material remaining after analysis is complete shall be retained by the laboratory or the Department of Agriculture and Natural Resources in an appropriate manner. When issuing test results, the la…

Rule 12:36:07:05 Recovery of costs. 12:36:07:05. Recovery of costs. The patent holder shall reimburse the department for costs incurred in the amount of $25 per hour for each person plus state rates for expenses and related costs. Source: 29 SDR 43, effective October 6, 2002. Gen…

Rule 12:36:07:06 Persons authorized to collect samples. 12:36:07:06. Persons authorized to collect samples. Samples shall be taken by department personnel. The department may select another entity to collect samples if the farmer and the patent holder are in mutual agreement. Sou…

Rule 12:38:01:01 Specifications for location and size of label. 12:38:01:01. Specifications for location and size of label. Potatoes sold or offered for sale or sold on consignment in South Dakota shall be labeled on the principal display panel of the product in letters not less …

Rule 12:38:01:02 Grades of potatoes -- Conformity to federal standards. 12:38:01:02. Grades of potatoes -- Conformity to federal standards. The grades of potatoes shall conform with the standards contained in 7 C.F.R. 51.1540 through 51.1566, inclusive, as in effect on July 31, 1…

Rule 12:41:02:01 Definitions. 12:41:02:01. Definitions. Terms defined in SDCL 38-18-1 have the same meaning in this article. Terms used in this article mean: (1) "Crops," those seed or food producing crops that are pollinated by bees; (2) "Landowner," a person who has legally fil…

Rule 12:41:02:02 Mileage and per diem. 12:41:02:02. Mileage and per diem. Reimbursement for any additional inspection made pursuant to SDCL 38-18-27 shall be according to rates established in chapter 5:01:02, allowable travel expenditures. Source: 3 SDR 38, effective November 28,…

Rule 12:41:02:03 Forms to be used. 12:41:02:03. Forms to be used. Forms to be completed for application for registration or entrance permits and for providing written notice of landowner authorization shall be furnished by the secretary and shall contain the following information…

Rule 12:41:03:01 Landowner permission. 12:41:03:01. Landowner permission. Before a person may apply for registration under SDCL 38-18-3, the person must obtain from the landowner or lessee written notification to the department of agriculture and natural resources that the person…

Rule 12:41:03:02 Transferred. 12:41:03:02. Transferred to § 12:41:02:03.

Rule 12:41:03:03 Inspection for temporary permits. 12:41:03:03. Inspection for temporary permits. The secretary shall inspect all apiaries qualifying for a temporary permit. The detection of any regulated pest is sufficient cause for revoking a temporary permit. Source: 3 SDR 38,…

Rule 12:41:03:04 Permanent location permits. 12:41:03:04. Permanent location permits. The secretary may issue permanent permits for all apiaries which are located three miles or more from any other beekeepers' approved permanent locations. The secretary may issue permanent permit…

Rule 12:41:03:04.01 Transfer of permanent location permits. 12:41:03:04.01. Transfer of permanent location permits. The secretary may transfer previously registered permanent location permits upon receipt of properly completed landowner permission forms, applications, fees, and a…

Rule 12:41:03:05 Restricted permits. 12:41:03:05. Restricted permits. The secretary may issue a restricted permit to an individual beekeeper holding less than five permanent permits. An individual beekeeper with four permanent permits may have one restricted permit. An individual…

Rule 12:41:03:06 Repealed. 12:41:03:06. Purpose of administering these regulations.Repealed. Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, repealed May 29, 1983.

Rule 12:41:03:07 Falsification of permit application. 12:41:03:07. Falsification of permit application. Falsification of a permit application or a landowner or lessee authorization, or an attempt to hold oneself out as a landowner or to assign or transfer landowner rights in orde…

Rule 12:41:03:08 Pollination permits. 12:41:03:08. Pollination permits. The length of a temporary pollination permit may not exceed 40 days. The number of temporary pollination permits issued to a beekeeper may not exceed 5 percent of the number of permanent locations approved fo…