Each container of agricultural seed which is 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 or kind and variety or kind and “variety not stated” for each agricultural seed component in excess of five percent of the whole and the percentage by weight of each in order of its predominance. Mixtures shall be listed on the label using the term “mixture,” “mixed,” or “mix”;

Terms Used In South Dakota Codified Laws 38-12A-2

  • Hybrid: includes the first generation seed of a cross produced by controlling the pollination and by combining:

    (a) Two or more inlines. See South Dakota Codified Laws 38-12A-1

  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) Hybrids shall be labeled as hybrids except if the pure seed contains less than seventy–five percent hybrid seed. If the percentage of the 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) Lot number or other lot identification;

(4) Origin as to state or foreign country, if known, of perennials when grown in this state. If unknown, the label shall state that the origin is unknown;

(5) Percentage by weight of all weed seed;

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

(7) Percentage by weight of agricultural seeds other than those required to be named on label, listed under the heading “Other Crop”;

(8) Percentage by weight of inert matter;

(9) For each named agricultural seed:

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

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

(c) The additional statement “total germination and hard and dormant seed” may be stated if desired;

(d) The calendar month and year the test was completed to determine such percentages;

(10) Tetrazolium tests may be substituted for germination tests for the kinds and time prescribed by the secretary in accordance with § 38-12A-20;

(11) Name and address of the seedsman or seed producer who labeled the seed.

Source: SL 1988, ch 314, § 2.

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