2011 South Dakota Code
Title 38 AGRICULTURE AND HORTICULTURE
Chapter 12A. Seed Standards And Labeling
§38-12A-5 Label required for containers of flower seeds or flower seeds in planting devices--Contents.

38-12A-5. Label required for containers of flower seeds or flower seeds in planting devices--Contents. 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 attached in a conspicuous place a plainly written or printed label giving the following information:

(1) The name of the kind and variety for each flower seed or a statement of type and performance characteristics. Mixtures shall be listed on the label using the term "mixture," "mixed," or "mix";

(2) Hybrids shall be labeled as hybrids except if the pure seed contains less than seventy-five percent hybrid seed. If the percentage of hybrid seed is greater than seventy-five percent but less than ninety-five percent, the percentage of hybrid shall be labeled parenthetically following the variety;

(3) The percentage by weight of pure seed, except this may be omitted if that percentage meets standards prescribed by the secretary pursuant to § 38-12A-20;

(4) Lot number or other lot identification;

(5) Percentage by weight of all weed seed when present in flower seed;

(6) Name and rate of occurrence of each kind of restricted noxious weed seed if present, listed under the heading "noxious weed seeds";

(7) The year for which the seed was packed for sale listed as "Packed for ____," or the month and the year the percentages for germination were determined by test, or an expiration date;

(8) For flower seeds for which standard testing procedures are prescribed and which germinate less than the standard prescribed by the secretary pursuant to § 38-12A-20, the percentage of germination exclusive of hard and dormant seeds and the words "below standard" in not less that eight-point type;

(9) The name and address of the seedsman or seed producer who labeled the seed;

(10) For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

Source: SL 1988, ch 314, § 5.