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Codified Laws
38-11 STATE SEED CERTIFICATION BOARD
CHAPTER 38-11

STATE SEED CERTIFICATION BOARD

38-11-1      Appointment and terms of board members--Vacancies.
38-11-1.1      Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board.
38-11-2      Composition and representation on board--Recommendations for appointment.
38-11-3      Oath of board members--Officers of board.
38-11-4      Meetings of board.
38-11-5      Repealed.
38-11-6      Official seed certifying agency for state.
38-11-7      Standards for certification--Rules and regulations.
38-11-8      Rules, regulations, and orders for execution of powers.



38-11-1Appointment and terms of board members--Vacancies.

The State Seed Certification Board shall consist of five members appointed by the secretary of agriculture and natural resources, with terms of office so arranged that one and only one expires each year, and as each expires the succeeding term shall be for a period of five years and until a successor is appointed and qualifies. Vacancies may be filled by appointment by the secretary of agriculture and natural resources for the balance of the unexpired term.

Source: SL 1947, ch 18, § 1; SL 1949, ch 12; SDC Supp 1960, § 4.10B01; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.



38-11-1.1Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board.

The Seed Certification Board shall be administered under the direction and supervision of the College of Agriculture and Biological Sciences at South Dakota State University and the dean of the college, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions, as defined in §  1-32-1, otherwise vested in it and shall exercise those functions independently of the dean and the college.

Source: SL 1973, ch 2, § 192; SL 2006, ch 205, § 2.



38-11-2Composition and representation on board--Recommendations for appointment.

All members of the State Seed Certification Board shall be electors of the state; two shall be persons recommended for appointment by the South Dakota Crop Improvement Association; one shall be a representative of the State Department of Agriculture and Natural Resources; two shall be persons recommended by the dean of agriculture at South Dakota State University. The members of the board shall be appointed so as to represent all areas of the state. The secretary of agriculture and natural resources shall make these appointments from lists of two or more names submitted for each position on the board.

Source: SL 1947, ch 18, § 1; SL 1949, ch 12; SDC Supp 1960, § 4.10B01; SL 2006, ch 205, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.



38-11-3Oath of board members--Officers of board.

The members of the State Seed Certification Board shall qualify by taking and subscribing to the oath of office required by civil officers of the state.

The board shall elect a president, vice-president, and secretary from among their number for a term of one year, beginning at the annual meeting at which they are elected.

Source: SL 1947, ch 18, § 1; SL 1949, ch 12; SDC Supp 1960, § 4.10B01.



38-11-4Meetings of board.

The State Seed Certification Board shall hold its meetings at such times and places as it designates. The board shall hold at least one, but not more than four regular meetings each year, including the annual meeting. At the annual meeting the president, vice-president, and secretary shall be elected for the ensuing year. The president of the board may call special meetings whenever the president judges it necessary.

Source: SL 1947, ch 18, § 2; SDC Supp 1960, § 4.10B02; SL 2006, ch 205, § 3.



38-11-5
     38-11-5.   Repealed by SL 1988, ch 312, § 1



38-11-6Official seed certifying agency for state.

The secretary of agriculture and natural resources and the dean of the College of Agriculture and Biological Sciences at South Dakota State University shall designate the official seed certifying agency for the state. The State Seed Certification Board may designate one or more public or private entities to perform necessary seed certification activities under the supervision of the board. The board may designate separate official certification agencies for various types or classifications of seed or propagating materials. The board shall notify the secretary and the dean of any designations made pursuant to this section.

Source: SL 1947, ch 18, § 3; SDC Supp 1960, § 4.10B03 (1); SL 1982, ch 280; SL 2006, ch 205, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.



38-11-7Standards for certification--Rules and regulations.

The State Seed Certification Board may promulgate rules pursuant to chapter 1-26 to regulate the production, processing, and distribution of certified seed and to establish standards for certified seed. The term, seed, as used in this section includes all propagating materials.

Source: SL 1947, ch 18, § 3; SDC Supp 1960, § 4.10B03 (1), (2); SL 1986, ch 326, § 15; SL 1990, ch 319.



38-11-8Rules, regulations, and orders for execution of powers.

The State Seed Certification Board is hereby authorized to make orders for the execution of the powers conferred upon it and the performance of its duties, so as to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. The board may likewise amend or repeal all such orders.

Source: SL 1947, ch 18, § 3; SDC Supp 1960, § 4.10B03 (2) (a); SL 1986, ch 326, § 16.