South Dakota § 38-12A-10 - Exceptions to labeling requirements.

§ 38-12A-10. Exceptions to labeling requirements.

The provisions of §§ 38-12A-2 to 38-12A-6, inclusive, do not apply to:

(1)    Seed or grain not intended for sowing purposes;

(2)    Seed in storage in or being transported or consigned to a conditioning establishment for conditioning, provided that the invoice or labeling accompanying any lot of seed bears the statement "seed for conditioning" and provided that any labeling or other representation which may be made with respect to the unconditioned seed shall be subject to this chapter;

(3)    Seed which is in the possession of a seedsman or seed producer and has been conditioned or carried over from a previous sales season or is being transported to another seedsman provided that the seed is not exposed to consumers and that either a test to determine label information is in progress or that the records or a representative label with or accompanying each lot contain current label information;

(4)    Any carrier with respect to seed transported or delivered for transportation in the ordinary course of its business as a carrier, provided that the carrier is not engaged in producing, conditioning, or marketing seeds subject to this chapter;

(5)    A farmer, when certain large or coarse seeds prescribed by the secretary pursuant to § 38-12A-20 that do retain their identity are grown, sold and delivered by that farmer on his own premises to a seedsman or consumer. Such seeds, if taken to community sales for sale or if publicly advertised for sale or containing "noxious weeds" shall be labeled in accordance with this chapter.

Source: SL 1988, ch 314, § 10.