Title 38 — AGRICULTURE AND HORTICULTURE

Terms used in this chapter mean: (1) "Advertisement," all representation, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter; (2) "Agricultural seeds," the seeds of grass, forage, cereal, oil, fiber, and ot…

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 accompanyin…

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 ad…

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 receiv…

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 ge…

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 …

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.

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.

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 , …

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…

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…

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…

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 th…

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 rest…

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 …

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 contain…

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 de…

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…

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 …

The purpose of the arbitration committee is to assist consumers and seedsmen, seed producers, and seed dealers in determining the validity of complaints made by consumers and recommend total money damages resulting from alleged failure of seed to produce as represented by label o…

The arbitration committee may be called into session by the secretary or upon the direction of the chairman to consider matters referred to it by the secretary. Source: SL 1988, ch 314 , § 26.

When the secretary refers a complaint to the arbitration committee, the committee shall make a full and complete investigation and report its findings and its recommendation to the secretary and the parties within sixty days of the referral or at a later date as agreed to by the …

An investigation may be made by not less than a majority of the membership of the arbitration committee by written directive of the chairman. The investigation shall be summarized in writing and considered by the entire committee in reporting its findings and making its recommend…

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 t…

The members of the arbitration committee shall receive no compensation for the performance of their duties, but the members of the committee shall be reimbursed for expenses when they attend a meeting or perform a service in conformity with the requirements of this chapter. The e…

Any holder of a permit issued pursuant to 7 CFR 340, as amended to January 1, 2004, is authorized to use the permit in South Dakota. Source: SL 2004, ch 257 , § 1.

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 be…

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…

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 infor…

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…

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 sal…

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 informa…