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.