The secretary may promulgate rules, pursuant to the provisions of chapter 1-26, which are consistent with the following:

1. (1) To provide application forms for seed permits;
2. (2) To provide for procedures for contested cases;
3. (3) To designate which weed seeds are prohibited or restricted;
4. (4) To establish standards for sampling, inspecting, analyzing, and testing seeds;
5. (5) To establish the tolerances to be used;
6. (6) To establish which kinds of seed have to be labeled as to variety, variety not stated, type or performance characteristics;
7. (7) To establish standards for allowable weed seed or restricted noxious weed seed;
8. (8) To establish the length of time for which a germination test shall be acceptable;
9. (9) To establish standards for percentage of germination and inert matter;
10. (10) To establish which seeds a farmer can produce and sell without a label;
11. (11) To establish which seeds are subject to specific labeling and germination requirements;
12. (12) To establish standards for enforcement of plant variety protection;
13. (13) To provide procedures for releasing seed from stop sales;
14. (14) To establish standards for imposing civil penalties;
15. (15) To establish standards for labels;
16. (16) To establish standards for size of file samples;
17. (17) To establish procedures and standards for the arbitration committee and the arbitration process;
18. (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.