2011 South Dakota Code
Title 38 AGRICULTURE AND HORTICULTURE
Chapter 12A. Seed Standards And Labeling
§38-12A-6 Label required for containers of tree and shrub seeds--Contents--Exception.


SD Codified L § 38-12A-6 (through 2011) What's This?

38-12A-6. Label required for containers of tree and shrub seeds--Contents--Exception. Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached hereto in a conspicuous place a plainly written or printed label or tag, giving the following information. However, labeling of tree and shrub seed supplied under contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or on the invoice if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling:

(1) Common name of the species of seed and subspecies, if appropriate;

(2) The scientific name of the genus and species and subspecies, if appropriate;

(3) Lot number or other lot identification;

(4) Origin;

(a) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as state or county;

(b) For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand or state "origin not indigenous";

(5) Purity as a percentage of pure seed by weight;

(6) For those species for which standard germination testing procedures are prescribed by the secretary pursuant to § 38-12A-20, the following:

(a) Percentage germination exclusive of hard and dormant seed;

(b) Percentage of hard and dormant seed, if present;

(c) The calendar month and year the test was completed to determine such percentages.

In lieu of germination information the seed may be labeled "Test is in process, results shall be supplied upon request";

(7) For those species for which standard germination testing procedures have not been prescribed, the calendar year in which the seed was collected;

(8) The name and address of the seedsman or seed producer who labeled the seed.

Source: SL 1988, ch 314, § 6.

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