38-12A-20. Promulgation of rules by secretary. The secretary may promulgate rules, pursuant to the provisions of chapter 1-26, which are consistent with the following:

(1) To provide application forms for seed permits;

(2) To provide for procedures for contested cases;

(3) To designate which weed seeds are prohibited or restricted;

(4) To establish standards for sampling, inspecting, analyzing, and testing seeds;

(5) To establish the tolerances to be used;

(6) To establish which kinds of seed have to be labeled as to variety, variety not stated, type or performance characteristics;

(7) To establish standards for allowable weed seed or restricted noxious weed seed;

(8) To establish the length of time for which a germination test shall be acceptable;

(9) To establish standards for percentage of germination and inert matter;

(10) To establish which seeds a farmer can produce and sell without a label;

(11) To establish which seeds are subject to specific labeling and germination requirements;

(12) To establish standards for enforcement of plant variety protection;

(13) To provide procedures for releasing seed from stop sales;

(14) To establish standards for imposing civil penalties;

(15) To establish standards for labels;

(16) To establish standards for size of file samples;

(17) To establish procedures and standards for the arbitration committee and the arbitration process;

(18) To establish standards for the sale, transportation, storage, planting, disposal, or other use of seed and for the posting of planted sites and notification of seed use.Source: SL 1988, ch 314, § 20; SL 2005, ch 211, § 1.