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SOUTH DAKOTA STATUTES AND CODES
Section 38-12A-16 - Unlawful sale, offer for sale, or transportation for sale of seed within state--Violationas misdemeanor.
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 prescribed by the secretary pursuant to § 38-12A-20, or the seed is sold only in the year for which the label states that it was packed, or the seed is sold before the expiration date stated on the label;
(2) Which is not labeled in accordance with the provisions of this chapter;
(3) Which has a false, misleading, or incomplete label;
(4) Which a false or misleading advertisement has been used in respect to its sale;
(5) Which contains prohibited noxious weed seeds in any amount;
(6) Which consists of or contains restricted noxious weed seeds in excess of standards prescribed by the secretary pursuant to § 38-12A-20, or in excess of the number declared on the label attached to the container of the seed or associated with the seed;
(7) Which contains weed seeds in excess of standards prescribed by the secretary pursuant to § 38-12A-20, or in excess of the amount declared on the label;
(8) If any label or advertisement represents such seed to be certified unless the certification has been determined by an official certifying agency and the seed bears an official label issued for the seed by that agency stating that the seed is certified;
(9) If a United States certificate of plant variety protection has been applied for or issued in accordance with the plant variety protection act for the kind and variety being sold, except with the approval of the owner of the variety or except by variety name as a class of certified seed in accordance with Title V of the Federal Seed Act.
A violation of this section is a Class 1 misdemeanor.
(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, or the seed is sold only in the year for which the label states that it was packed, or the seed is sold before the expiration date stated on the label;
(2) Which is not labeled in accordance with the provisions of this chapter;
(3) Which has a false, misleading, or incomplete label;
(4) Which a false or misleading advertisement has been used in respect to its sale;
(5) Which contains prohibited noxious weed seeds in any amount;
(6) Which consists of or contains restricted noxious weed seeds in excess of standards prescribed by the secretary pursuant to § 38-12A-20, or in excess of the number declared on the label attached to the container of the seed or associated with the seed;
(7) Which contains weed seeds in excess of standards prescribed by the secretary pursuant to § 38-12A-20, or in excess of the amount declared on the label;
(8) If any label or advertisement represents such seed to be certified unless the certification has been determined by an official certifying agency and the seed bears an official label issued for the seed by that agency stating that the seed is certified;
(9) If a United States certificate of plant variety protection has been applied for or issued in accordance with the plant variety protection act for the kind and variety being sold, except with the approval of the owner of the variety or except by variety name as a class of certified seed in accordance with Title V of the Federal Seed Act.
A violation of this section is a Class 1 misdemeanor.
Source: SL 1988, ch 314, § 16.
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