It is unlawful for any person:

(1) To alter or deface any label so that the information is false or misleading or to mutilate any label;

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 38-12A-17

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) To use in any manner any disclaimer, limited warranty or nonwarranty of information provided on a label pursuant to §§ 38-12A-2 to 38-12A-7, inclusive;

(3) To disseminate any false or misleading advertisements concerning seed;

(4) To issue any statement, invoice or declaration as to the variety or certification of any seed which is false or misleading;

(5) To issue any statement or declaration identifying a lot of seed by variety name if the label states “variety not stated”;

(6) To hinder or obstruct the secretary or an authorized agent in the performance of official duties under this chapter;

(7) To fail to comply with a “stop sale” order, or to move or otherwise handle or dispose of any quantity of seed held under a “stop sale” order, or a stop sale tag attached thereto, except with express permission of the agent who issued the stop sale in writing and except for the purpose specified therein;

(8) To plant seed which the person knows contains a prohibited noxious weed seed or restricted noxious weed seed in excess of the standards for that seed.

A violation of this section is a Class 1 misdemeanor.

Source: SL 1988, ch 314, § 17.