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(1) Variety. 
(2) Percentage of purity. 
(3) Percentage of germination. 
Prohibits the sale, offering or exposing 
for sale of agricultural vegetabie or 
flower seeds if—(Regulations) 
(1) Containing in excess of 5% of weeds, 
carpet grass 10%. 
(2) Containing 15 or more noxious weed 
seeds, singly or collectively, per ounce. 
NOXIOUS WEEDS—Prohibit 15 or more 
per ounce, 
label if less. 
Wild Onion or Wild Garlic, all Dodders, 
Corn Cockle, Cheat or Chess, Wild Oats, 
Johnson Grass, Wild Mustard, Canada This- 
tle, Black Mustard, Sand Bur, Nut Grass. 
singly or collectively. 
CONFISCATION AND DISPOSITION OF 
SEIZED SEEDS 
Any agricultural, vegetable or flower seeds 
offered or exposed for sale which do no: 
comply with the requirements of the seed act 
shall be seized and condemned, sold or de- 
stroyed by the Commissioner of Agriculture, 
Commerce, and Industry or his duly author- 
ized representative, the proceeds from such 
sale shall be converted into the State Treas- 
ury. The sale shall be made at the court 
house door in the county in which the seizure 
was made, and shall be advertised for thirty 
days in a newspaper in the county, or if no 
newspaper be published in the county, then 
it shall be published in the nearest county. 
The advertisement shall state: 
(1) Name and variety of the seed. 
(2) The quantity. 
(3) Why seized and offered for sale. 
(4) Time and place of sale. 
The Commissioner may release seed so with- 
drawn from sale when the requirements of 
this act have been complied with and upon 
payment of all costs or expenses incurred in 
such seizure and withdrawal. 
SEED LABORATORY AND TESTS 
Department of Agriculture, 
Carolina. 
Commissioner may limit the number of free 
tests to residents. 
Fee for purity tests $2.00, germination tests 
$1.00 to non-residents. 
Columbia, South 
ENFORCEMENT AND REGULATIONS 
Commissioner of Agriculture, J. Roy Jones, 
Columbia, South Carolina. 
License—Payable January lst annually. 
$ 1.00—Where only boxed package vegetable 
or flower seed are handled. 
2.50—Where gross business is less than 
$200, with or without package vege- 
table or flower seeds. 
5.00—Where gross business is over $200 
and less than $500. 
10.00—Where gross business is over $500 
and less than $1,000. 
25.00—Where gross business is $1,000 or 
more. 
Commissioner may withdraw from sale seed 
not having reasonable germination or that are 
extremely impure, notwithstanding they may 
be properly labeled, if such withdrawal is in 
the interest of normal crop production. 
Agricultural seeds shall have a germination 
of 75% (except legumes), if the germination 
is below 75% and above 49% they shall be 
marked ‘“‘BELOW STANDARD IN_ GER- 
MINATION,” if the germination is less 
than 50% (except legumes) the seed cannot 
be sold. 
Germination standards of crotarlaria and les- 
pedeza shall be 60% calculated as “‘pure live 
seed.” If below 60% and above 39% ‘‘pure 
live seed’? it must be labeled ‘““BELOW 
STANDARD. ” Tf less than 40% ‘“‘pure live 
seed” it cannot be sold. 
Germination standards for other legumes 
shall be 75% calculated as ‘“‘pure live seed.”’ 
If below 75% and above 49% ‘pure live 
seed’’ it shall be labeled “BELOW STAND- 
ARD.” If below 50% ‘“‘pure live seed’’ it 
cannot be sold. 
Variety. The vendor will be held responsible 
for declaring the variety of all seed not 
clearly distinguishable from other varieties. 
Ouantity to be labeled. All agricultural, 
vegetable or flower seed offered or exposed 
for sale, shall bear standard tag or label ex- 
cept seed sold across the counter from bin or 
container when such container carries stand- 
ard label in full view. 
A mixture means seed consisting of more 
than one kind or variéty each present in 
excess of 5% of the whole. 
Certified and yeuistered seed must have been 
produced in accordance with the procedures 
and in compliance with the rules and regula- 
tions of an officially recognized seed certify- 
ing agency. 

INF 
ORMATION REQUIRED ON 
ANALYSIS TAGS OR CONTAINERS. 
(A) 
(B) 
(C) 
Agricultural Seeds. Every lot. 
(1) Commonly accepted name of: 
a. Kind or, 
b. Kind and variety or, 
c. Kind and type. 
) Lot number or other lot identification. 
) Percentage of purity. 
) Percentage of inert matter. 
) Percentage of weed seeds. 
) Percentage of other agricultural seeds. 
) Percentage of: 
a. Germination, exclusive of hard seeds. 
b. Hard seeds. 
c. Month and year of test. Test shall 
have been completed within a nine 
month perid, exclusive of the month 
in which it was completed. 
Following a and b “Total germination and 
hard seed’? may be given if desired. 
(8) State and county where grown, for al- 
falfa, red clover and field corn (except 
hybrid). 
(9) Name and address of person who labels 
the seed, or who sells, offers or exposes 
said seed for sale. 
(10) Name and number of each kind of sec- 
ondary noxious weed seed, per ounce in 
groups B1 and B2 and per pound in B3 
and B4 when present singly or collec: 
tively in excess of: 
a. 1 seed in each 10 grams. 
d (See page 106, Group B.) 
b. 1 seed in each 25 grams. 
c. 1 seed in each 50 grams. 
d. 1 seed in each 100 grams. 
Mixed agricultural seeds. Every lot. 
Same as for unmixed seed, except that it 
must be called ‘‘Mixed” or a “‘Mixture”’ and 
the information required under items (A) 
1, 3 and 7 shall be given for each agricul- 
tural seed present in excess of 5% in the 
order of its predominance. 
Vegetable seeds. Every lot. 
(1) Name of kind and variety. 
(2) For seed which germinates less than the 
minimum standard established by the 
State Secretary of Agriculture. (See 
page 102 for standards.) 
a. Percentage of germination, 
of hard seed. 
b. Percentage of bard seed. 
c. Month and year test was completed. 
Test shall have been completed with- 
in a nine month period, exclusive of 
the month in which it was completed. 
d. Words “BELOW MINIMUM 
STANDARD” in not less than 
8-point type. 
(3) Name and address of person who labels 
the seed. or who sells, offers or exposes 
said seed for sale. 
RODOAD 
NID Wf Oo bo 
exclusive 
Prohibits the sale, offering or exposing 
for sale, of agricultural or vegetable seed. 
_ BUY 
a. Unless the test for germination has been 
completed within a nine month period. 
b. Containing primary noxious weeds sub- 
ject to tolerances. 
ERS GUIDE 
SOUTH DAKOTA 
Act of 1641 
NOXIOUS WEEDS 
Primary noxious weed seeds 
PROHITBILED IN SEEDY SUBJECT TO 
TOLERANCES 
Field bindweed—Convolvulus arvensis; Leafy 
spurge—Euphorbia esula, and E, lucida; Per- 
ennial peppergrass—Lepidium draba; Rus- 
sian knapweed Centaurea repens; Perennial 
sow thistle—Sonchus arvensis; Canada This- 
tle—Cirsium arvense; Quack grass—Agro- 
pyron repens; Horse nettle—Solanum caro- 
linense. 
Secondary noxious weeds. 
Wild oats—Avena fatua; Dodders—Cuscuta © 
spp.; Wild mustards——Brassica arvensis, B. 
nigra, B. juncea; Penny cress—Thlaspi ar- 
vense; Ivy leaved morning glory—lIpomea 
hederacea; Hedge bindweed—Convolvulus se- 
pium; Wild carrot—Daucus carota. 

FARMERS are exempt from complying with 
provisions of this act when selling corn, 
wheat, oats, barley, rye flax, spelt, emmer, 
buckwheat, sorghum, beans and peas when 
grown, sold and delivered on his premises to 
the purchaser. 
“STOP SALE” order may be issued and en- 
forced by the State Secretary of Agriculture 
to the owner or custodian of any lot of agri- 
cultural or vegetable seed which he finds in 
violation of any of the provisions of this 
act. No such order shall be issued or en- 
forced without first having given the owner 
or custodian an opportunity to comply with 
the act or withdraw the seed from sale. If 
the seed has been denied sale as provided in 
this paragraph, the owner or custodian shall 
have the right to appeal from such order to 
a court of competent jurisdiction where the 
seeds are found, praying for a judgment as 
to the jurisdiction of said order and a dis- 
charge of such seed from the order prohibit- 
ing the sale in accordance with the findings 
of the court. 
SEIZURE. Any lot of agricultural or vegeta- 
ble seed not in compliance with the provisions 
of this Act shall be subject to seizure on 
complaint of the State Secretary of Agricul- 
ture to a court of competent jurisdiction in 
the area in which the seed is located. If the 
court finds the seed to be in such violation 
of the Act and orders the condemnation of 
said seed, it shall be processed, destroyed, 
relabeled, or otherwise disposed of in com- 
pliance with the rules of the State Secretary 
of Agriculture; Provided, that in no instance 
shall such disposition of said seed be ordered 
by the court without first having given the 
claimant an opportunity to apply to the court 
for the release of said seed or permission to 
process or relabel it to bring it into compli- 
ance with this act. 
SEED LABORATORY AND TESTS 
Department of Agronomy, South Dakota. 
State College of Agriculture, Brookings, 
South Dakota. 
E. L. Erickson—Ass’t Agronomist in charge 
of Seed Laboratory. 
Tests. 
CERTIFIED 
Charges for laboratory services— 
Most purity and germination 
VESTS.” Are uate Os oreo ne 50 per sample. 
Chaffy grasses and mixtures...80 ” 
Com germinations oe eee ose a 
Noxious weed examination....20 ” 
Disease: tests beater ee On oo a 
Uncleaned seed will be tested and charged 
for on the basis of time required. 
ENFORCEMENT AND REGULATIONS 
Enforcement under Commissioner of Agricul- 
ture. 
SEED. 
The Secretary of Agriculture has authority 
0: 
1. Establish a seed certification system and 
make rules and regulations necessary. 
2. Designate the names of kinds, varieties 
and strains, and establish the grades and 
standards of quality allowed in seed stock 
which may become eligible for field regis- 
tration or certification of the seed crop. 
3. Prescribe all labels, seals or certificates 
that shall be used in relation to seed 
grown, handled or offered for sale in 
South Dakota as “‘registered.”’ “‘certified,”’ 
“pedigreed,’’ ‘elite,’ “‘foundation seed,”’ 
or “inspected seed.” 
4. Cooperate with managers of any seed 
cleaning, treating or processing plants, or 
individual or person with'n or without the 
state that has proper facilities and equip- 
ment to handle seed which is eligible for 
registration or certification. 
Cooperate and assist in selection. testing 
and growing of seed for certification pur- 
poses, and in the arrangement for increase 
and distribution of improved and founda- 
tion seed stock. 
6. To fix and establish an equitable schedule 
of fees and charges which shall be uni- 
form throughout the state for the inspec- 
tion and certifying of South Dakota seed, 
and to collect all such fees and charges. 
man 
Labeling and Representing Registered 
and Certified Seed. 
All seed grown in South Dakota or trans- 
ported into this state must have the approval 
and authorization of the Secretary of Agricul- 
ture before it may be offered for sale as 
“registered,’’ ‘‘certified,”’ “pedigreed,”’ “elite,” 
“foundation stock’? or “inspected seed.’’ 
Hybrid Seed Corn 
Any seed corn sold as hybrid must represent 
the first generation of a cross between strains 
of different parentage and involve lines of 
corn of a high degree of inbreeding or close 
breeding or their combinations. Such cross 
shall be produced by cross-fertilization con- 
trolled either by hand or by detasseling at 
the proper time. 
Any person or firm desiring to sell hybrid 
seed corn is required to register with the 
South Dakota State Department of Agricul- 
ture, and to furnish the pedigree of such hy- 
brid seed corn, and when called for by the 
Department of Agriculture, shall furnish a 
sample not to exceed one quart for the pur- 
pose of testing. 
147 
