CHAPTER 12:36:07
SAMPLING PROCEDURES FOR VERIFICATION OF TRANSGENIC SEED USE
Section
12:36:07:01 Oversight of sample collection.
12:36:07:02 Method of collecting samples.
12:36:07:03 Selection of laboratory and analytical methods.
12:36:07:04 Retention of samples.
12:36:07:05 Recovery of costs.
12:36:07:06 Persons authorized to collect samples.
12:36:07:01. Oversight of sample collection. If requested in writing by a farmer or patent holder of a transgenic seed, an employee of the Secretary of Agriculture and Natural Resources shall oversee the collection of samples by the department or the entity selected pursuant to § 12:36:07:06.
Source: 29 SDR 43, effective October 6, 2002; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-1-49.
Law Implemented: SDCL 38-1-46, 38-1-49.
12:36:07:02. Method of collecting samples. Plant material samples shall be acquired in a manner that is agreed upon by the farmer and the patent holder, prior to sample collection. If an agreement cannot be reached, the manner for sample acquisition shall be prescribed by the Secretary of Agriculture and Natural Resources. Duplicate samples may be requested by either party prior to the time that the sample is acquired at the expense of the requesting party.
Source: 29 SDR 43, effective October 6, 2002; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-1-49.
Law Implemented: SDCL 38-1-49.
12:36:07:03. Selection of laboratory and analytical methods. The farmer and the patent holder shall mutually agree upon the laboratory and the methods used for the analysis of samples. If the laboratory or methods cannot be agreed upon, the Secretary of Agriculture and Natural Resources or his employee shall make the final determination of the laboratory and methods to be used.
Source: 29 SDR 43, effective October 6, 2002; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-1-49.
Law Implemented: SDCL 38-1-49.
12:36:07:04. Retention of samples. Any plant material remaining after analysis is complete shall be retained by the laboratory or the Department of Agriculture and Natural Resources in an appropriate manner. When issuing test results, the laboratory shall include notice of the last time or date when the plant material will be presumed incapable of further scientifically acceptable testing according to the testing methods used or according to the experience of the laboratory personnel. If the farmer or the patent holder request retention of the sample beyond the time set forth in this notice, they will be required to make arrangements with the laboratory for retention beyond the time frame given or for release of such samples to another laboratory, and the payment to the laboratory for any fees incurred for such additional services.
Source: 29 SDR 43, effective October 6, 2002; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-1-49.
Law Implemented: SDCL 38-1-49.
12:36:07:05. Recovery of costs. The patent holder shall reimburse the department for costs incurred in the amount of $25 per hour for each person plus state rates for expenses and related costs.
Source: 29 SDR 43, effective October 6, 2002.
General Authority:SDCL 38-1-49.
12:36:07:06. Persons authorized to collect samples. Samples shall be taken by department personnel. The department may select another entity to collect samples if the farmer and the patent holder are in mutual agreement.
Source: 29 SDR 43, effective October 6, 2002.
General Authority:SDCL 38-1-49.
