38-12A-1. Definition of terms. 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 other kinds of crop seed commonly recognized within […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
38-12A-26. Purpose of committee–Nonbinding report–Evidence in litigation. 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 on the seed package. Any […]
