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 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 andards 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.
South Dakota Legal Code