South Dakota § 38-12A-19 - Powers of secretary.

Full text of South Dakota South Dakota Codified Laws § 38-12A-19 — Powers of secretary., with citation guidance and answers to common questions.

§ 38-12A-19. Powers of secretary.

The secretary may:

(1)    Enter upon any public or private premises during regular business hours in order to have access to seeds and to the records subject to this chapter;

(2)    Inspect, sample, make analysis of, and test seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;

(3)    Inspect the records of seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;

(4)    Establish and maintain a seed laboratory for seed testing or to cooperate with other persons, agencies or institutions in seed testing and reporting of results;

(5)    Employ qualified persons, and to incur such expenses as may be necessary to comply with the provisions of this chapter;

(6)    Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of seed which is in violation of any of the provisions of this chapter. The order shall prohibit further sale, conditioning, and movement of the seed, except on approval of the agent issuing the stop sale or the secretary, until the secretary has evidence that the law has been complied with and has issued a "Release From Stop Sale" order for the seed;

(7)    Request from a court of competent jurisdiction and carry out a seizure on any lot of seed for which a stop sale order has been issued and the person having responsibility has failed to abide by the stop sale order. The court shall order disposition of the seed after any criminal or civil proceedings are terminated;

(8)    Cooperate with the United States Department of Agriculture, regulatory agencies of other states, and other agencies of this state in seed law enforcement.

Source: SL 1988, ch 314, § 19.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 38-12A-19

What does South Dakota Codified Laws § 38-12A-19 cover?

Section 38-12A-19 ("Powers of secretary.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 38-12A-19?

A common citation format is "South Dakota Codified Laws § 38-12A-19" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 38-12A-19 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.