CHAPTER 211

(SB 152)

Secretary of Agriculture may regulate seed.

         ENTITLED, An Act to  provide the secretary of agriculture with certain rule-making powers to regulate seed.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 38-12A-20 be amended to read as follows:

     38-12A-20.   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;

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             (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 .

     Signed February 24, 2005

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