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SOUTH DAKOTA SEED CERTIFICATION STANDARDS

CONTENTS

GENERAL INFORMATION AND REQUIREMENTS

Introduction
The Purpose of Seed Certification
Seed Certification in South Dakota
General Seed Certification Standards
1. Certifying Organization
2. Purpose of Certification
3. Eligibility Requirements for Certification of Crop Varieties
4. Classes, Sources and Definitions in Relation to Certified Seed
5. Limitations of Generations
6. Seed Distribution
7. Grower's Responsibility
8. Application for Field Inspection
9. Establishing Source of Seed
10. Field Inspection-Varietal Purity Only
11. Maintaining Identity of Seed
12. Certification Records
13. Requirements of Certifying Agency for Training Seed Producers
14. Handling Crop Prior to Inspection
15. Qualifications for Inspectors
16. Seed-Borne Diseases
17. Seed House or Bin Inspection of Seed
18. Seed Testing
19. Labeling of All Classes of Certified Seed
20. Bulk Certification
21. Substandard Seed in Emergency Situations
22. Publication of and Adherence to Standards and Procedures
23. Prohibited and Restricted Weed Seeds
24. Complying with Federal and State Seed Laws
25. Seed Sampling
26. Blending Lots of Seed
27. Interagency Certification
28. O.E.C.D. Seed Certification Schemes
29. Seed Production Report and Sales Fees
30. Carry-Over Seed
Certification of Other Crops
Approved Certified Seed Conditioning Plants

SPECIFIC STANDARDS BY CROP

Printed copies of the South Dakota Seed Certification Standards may be obtained from:

Certification Division, South Dakota Crop Improvement Association
South Dakota State University, University Station, Box 2207A, Brookings, SD 57007-1096
(605) 688-4604

CERTIFIED SEED PRODUCTION

THE GROWER'S RESPONSIBILITIES

1. Be a member of the South Dakota Crop Improvement Association (SDCIA).
2. Become familiar with the regulations in this handbook for both the General Seed Certification Standards and the specific          Field and Seed Standards for the crop being produced.
3. Plant only FOUNDATION or REGISTERED seed of varieties eligible for certification.
4. Plant eligible seed on clean, eligible land, with adequate isolation from other varieties of the same crop.
5. Clean seeding equipment thoroughly.
6. Submit an application for field inspection before the established deadline date.
7. Fill in all required information, sign the application agreement and send payment for inspection fees. List the legal description          and previous crop(s) on the field for which certification is requested.
8. Submit seed source verification (certification tag or Bulk Transfer Certificate or SD Laboratory Seed Testing Report) with          application. Where more than one seed lot is used for production of a variety, a tag from each seed lot must be submitted.
9. Prepare seed fields for inspection before the inspector arrives: clearly mark field boundaries, rogue out objectionable weeds          and other crop plants, etc.
10. Harvest the mature crop with properly adjusted, thoroughly cleaned equipment and bin in clean, dry, identified storage.
11. Submit a representative sample for identification and pre-germination.
12. After the seed is conditioned, send a representative sample to the certification office for testing. Also write the name of the           conditioner/cleaner on the tag.
13. Label seed lots that meet certification requirements with official certification labels, analysis tags and appropriate plant            variety statement as required on protected varieties. Eligible seed sold in bulk must be accompanied by a completed            BULK TRANSFER CERTIFICATE.
14. Send a report (2% form) of seed sales and a check to cover the sales fee to the certification office. Complete the report for            eligible carry-over seed still on hand.
15. Complete report forms and submit fees for royalty and/or variety development assessments on those varieties requiring such            fees.

CERTIFICATION DIVISION, SD CROP IMPROVEMENT ASSOCIATION RESPONSIBILITIES

1. Supply each grower with forms and instructions for making applications for field inspection.
2. Review each application for completeness with special emphasis on land and seed stock eligibility.
3. Make field inspection of all crops at proper time and notify the grower of inspection results.
4. Arrange for testing with the SDSU Seed Laboratory and report the analysis of samples representing conditioned seed lots for germination, purity percentage and freedom from noxious weed seeds.
5. Issue certification tags and authorize Bulk Transfer Certificates for seed lots that qualify for certification.
6. Publish and distribute Certified Seed Grower Directories listing field-approved seed.
7. Assist in promoting the use of quality Certified Seed.

Introduction

This circular includes the Standards for Seed Certification adopted by the Committee on Certification of the South Dakota Crop Improvement Association (SDCIA).
It is intended that the "General Seed Certification Standards" as included herein, along with the standards shown for individual crops, shall constitute the standards for the crop in question.
These standards are based on more than 75 years of work on the task of adopting minimum certification standards for the United States, Canada and other member countries of the Association of Official Seed Certifying Agencies (AOSCA).

The Purpose of Seed Certification

The purpose of Seed Certification is to maintain and make available to the public sources of high quality seeds and propagating materials of superior varieties so grown and distributed as to insure genetic identity. Only those varieties that contain superior germplasm are eligible for certification.
Varieties eligible for certification have resulted either from natural selection or through systematic plant breeding techniques. In either case, without a planned method for maintaining genetic purity, there is grave danger of losing varietal identity.
Varietal purity is the first consideration in Seed Certification but other factors such as weeds, diseases, viability, mechanical purity and grading are also important.
Seed Certification is designed to maintain not only the genetic purity of superior crop varieties but also reasonable standards of seed condition and quality.

Seed Certification in South Dakota

Seed Certification work in South Dakota is a service maintained by seed producers of the state. Its purpose is to produce and distribute, under the guidance and supervision of the State Seed Certification Board and South Dakota State University, pure seed of the improved varieties of crops.
Plant breeders are continually developing new superior varieties. Certification provides the means by which such seed* may be increased in the limited generation system (Breeder, Foundation, Registered and Certified) and released as promptly as possible to the farmers in the state.
Growers who produce and market classes of Certified seed must follow a definite set of rules and regulations so that the seed buyer will be assured of varietal purity and identity and be protected against mixtures, noxious weeds and other such factors that affect seed quality.
Certified seed must stand the test of being field inspected as outlined in this circular. In addition to field inspection, a representative sample of the cleaned seed must be analyzed in the SDSU Seed Laboratory for purity, germination, noxious weeds, and seed-borne diseases.
Under the Seed Certification Law enacted by the 1947 session of the State Legislature, the State Seed Certification Board has, for the purpose of promoting and protecting the interests and welfare of the South Dakota seed growers and crop producers, endorsed the Standards of Seed Certification adopted by the South Dakota Crop Improvement Association, a nonprofit, educational and public service corporation.
Upon evidence that the standards and regulations have been fully complied with by the applicant for certification and under authority of the State Seed Certification Board, South Dakota Crop Improvement Certification Division or appointed agents, will place the official South Dakota tag on all seed which has passed all the requirements for Certified seed.
The Certified seed tag when attached to the bag shall serve for identification as to genetic identity and purity of the variety named on the tag. The certification, lot and producer number shall also be shown.

* The word "seed" or "seeds" as used shall be understood to include all propagating materials.

General Seed Certification Standards

Note: These General Standards are applicable to all crops certified and shall, along with the standards shown for individual crops, constitute the South Dakota Crop Improvement Association Standards for that crop.

1. Certifying Organization
Under authority of SDCL 38:11 and the State Seed Certification Board, certification will be conducted by the South Dakota Crop Improvement Association, a nonprofit, educational and public service corporation with a close working relation among seedsmen, seed growers and agricultural research, extension and regulatory agencies.

2. Purpose of Certification
The purpose shall be to maintain and make available to the public through Seed Certification, high quality seeds and propagating materials of superior crop plant varieties so grown and distributed as to insure genetic identity, genetic purity as well as minimum standards for condition and quality.

3. Eligibility Requirements for Certification of Crop Varieties
Only those varieties that are accepted by the South Dakota Seed Certification Service in accordance with the criteria established by the Association of Official Seed Certifying Agencies (AOSCA) shall be eligible for certification. A variety will normally be considered eligible for certification if it has received favorable action by a national variety review board, the Plant Variety Protection office or an official seed certifying agency. For those crops where national certified review boards exist, it is recommended that varieties be submitted for review to determine their merit for certification. For varieties not covered by one of the above categories or if questions regarding eligibility arise, the State Seed Certification Board is the final authority. Contact the Seed Certification office for assistance.

4. Classes, Sources and Definitions in Relation to Certified Seed
A. Four classes of seed shall be recognized in Seed Certification:
Breeder, Foundation, Registered and Certified. These classes of seed shall meet the requirements included in the                Association of Official Seed Certifying Agencies standards for the respective crops. These classes are defined as                follows:
1. Breeder seed is directly controlled by the originating or sponsoring plant breeding institution, firm, individual, or                  designee thereof, and is the source for the production of the other classes of Certified seed.
2. Foundation seed is the progeny of Breeder or Foundation Seed Stocks produced under control of the originator or            sponsoring plant breeding institution, or person, or designee thereof. As applied to certified seed, Foundation seed is a class of certified seed which is produced under procedure established by the certifying agency for the purpose of maintaining genetic purity and identity.
3. Registered seed is the progeny of Breeder or Foundation seed handled according to procedures prescribed by the       certifying agency so as to maintain satisfactory genetic purity and identity.
4. Certified seed is the progeny of Breeder, Foundation, or Registered seed so handled as to maintain satisfactory genetic purity and identity and which has been approved by the certifying agency.

B. Off-Types
Off-type means any seed or plant not a part of the variety in that it deviates in one or more characteristics from the variety        as described and may include: a seed or plant of another variety; a seed or plant not necessarily any variety; a seed or           plant resulting from cross-pollination by another kind or variety; a seed or plant resulting from uncontrolled self-pollination          during production of hybrid seed; or segregates from any of the above.

C. Seed Conditioning
Includes all activities performed on the seed between harvest and marketing such as cleaning, packaging, labeling and           storing.

D. Variety
An assemblage of cultivated individual plants which are distinguished by any characters (morphological, physiological,           cytological, chemical or others) significant for the purposes of agriculture and which retain their distinguishing features            when reproduced or reconstituted.

E. Variant
Variant means any seed or plant which (a) is distinct within the variety but occurs naturally in the variety, (b) is stable and          predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when          the variety is reproduced or reconstituted, and (c) was originally a part of the variety as released. A variant is not an           off-type.

5. Limitations of Generation
The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner of the variety and shall not exceed two generations beyond the Foundation seed class with the following exceptions: A. Recertification of the Certified class may be permitted for older varieties where Foundation seed is not being maintained. B. The production of an additional generation of the Certified class only may be permitted on a one-year basis, when an emergency is declared prior to the planting season by the certifying agency stating that the Foundation and Registered seed supplies are not adequate to plant the needed certified acreage of the variety. The permission of the originating or sponsoring plant breeder, institution, firm or owner of the variety, if existent, must be obtained. The additional generation of Certified seed to meet the emergency need is ineligible for recertification.

6. Seed Distribution
Foundation seed production and distribution of new varieties developed and released by public agencies requires the cooperative efforts of the South Dakota Agricultural Experiment Station, Cooperative Extension Service, Seed Certification Service, South Dakota Seed Trade Association, Foundation Seed Stocks Division, and the state and county Crop Improvement Associations.

A. New varieties are developed and released by Agricultural Experiment Stations and/or the U.S.D.A. Breeder seed is increased by the Foundation Seed Stocks Division and distributed as Foundation seed. Information about the variety is disseminated by the Cooperative Extension Service. Foundation seed is allocated by an allocation committee to areas of adaptation through the Crop Improvement Association and South Dakota Seed Trade Association whose members produce Registered and Certified seed. All classes of Certified seed are produced under the supervision of the Certification Service. The Allocation Committee shall consist of the following:
1. Plant Science Department Head-Chairman
2. Plant breeder or breeders concerned with the crop or crops involved
3. Extension agronomist/s
4. Manager of the Foundation Seed Stocks Division
5. Manager of the Seed Certification Service
(Refer to Memorandum of Agreement Concerning Seed Increases of New Varieties.)

B. Three classes of qualified growers are recognized for distribution of first-year releases of Foundation seed:
1. Group I- One who has produced Registered or Certified seed of small grain, flax or soybeans in each of the previous three years.
2. Group II- One who has produced Registered or Certified seed of small grain, flax or soybeans in only two of the past three years.
3. Group III- One who has produced Registered or Certified seed of small grain, flax or soybeans in only one of the past three years.

All growers must be members of South Dakota county and state Crop Improvement Associations.
Foundation seed of new first-year releases shall first be allotted to Group I growers. After Group I growers have submitted their requests, the remainder of the seed will be allocated to the county Crop Improvement Associations for release to Group II and III growers.
Anyone who agrees to comply with rules and regulations established by the South Dakota Crop Improvement Association may produce Certified seed. A satisfactory record for attaining the qualified grower's status, outlined above, can be achieved by growing and certifying seed of any of the older varieties. All producers who purchase Foundation Class seed must agree to complete Certification requirements and proceed in good faith to have the production certified.

7. Grower's Responsibility
It is the responsibility of all growers and handlers of Certified seed to be familiar with the specific certification standards for the crop in question and to maintain the genetic purity and identity at all stages of seed production, conditioning and handling.

8. Application for Field Inspection
A. Applications for field inspection are available at the Cooperative Extension offices or may be requested from the South Dakota Crop Improvement Association office.

B. The term "applicant" used in this publication, refers to the individual or concern whose name appears on the application form. This identification must be retained throughout the certification process.

C. Applicant's responsibility:
The applicant's signature on an Application for Field Inspection is, in effect, a guarantee of the accuracy of all the information submitted on the form. In signing the Application for Field Inspection form, the applicant accepts responsibility for:
1. Seeing that all equipment involved with planting, harvesting, or other seed handling is adequately cleaned to maintain genetic purity of the seed.
2. Making certain that the seed verified as the eligible seed source on the application was the seed planted on the field described on the application.
3. Maintaining the genetic purity and identity of the seed from harvest to the time it leaves the applicant's possession.
4. Completing report forms and paying the 2% sales fee assessed against all seed sold for planting purposes from inspected and approved acreage.
5. To complete report forms and submit fees for royalty and/or variety development assessments on those varieties requiring such fees.

D. Closing Dates
Kentucky bluegrass . . . . . . . . . . . . . . . . . . . . . . . . . May 15
Small grain, flax and cool season grasses . . . . . . . . . May 31 Roundup Ready Soybeans . . . 2 weeks after planting but not later than June 15
Conventional Soybeans and all other crops . . . . . . . .July 1

E. Late Applications
The association reserves the right to refuse an application for field inspection made after the deadline date of the crop/crops in question. If inspection can be arranged on late applications, the late fee will be assessed on each field.

F. Incomplete Applications
An application which lacks necessary information, adequate fees, or documentary evidence of eligibility of the seed planted will be returned to the applicant, whose responsibility it is to supply the missing information. Incomplete applications which are not corrected within a reasonable time by the applicant may be refused. If such applications are accepted, late fees may be assessed depending on the time required to process the application and assign it to an inspector before inspection is necessary. Priority will be given to applicants submitting complete applications by the date required.

9. Establishing Source of Seed
The association is required to have complete verification of the source, class, quantity (pounds or bushels) of Foundation or Registered seed used in establishing a field for the production of a class of Certified seed. In the case of protected or proprietary varieties, this includes a statement from the owner of the variety authorizing reproduction for planting purposes.

A. Establishing source and class of seed may be done by submitting with the application form, a Foundation or Registered tag or label removed from the containers of each different lot of seed that was planted.

B. For Registered seed purchased in the bulk, a purchasers' copy of the completed Bulk Transfer Certificate may be submitted.

C. A grower planting his own Registered seed need not submit tags. An official seed test report or a completed Bulk Transfer Certificate made out to himself is required.

D. When a lot of seed is downgraded from the Registered class to the Certified class for reasons other than genetic factors, the seed may retain the Registered classification when used as planting stock by the original applicant.

10. Field Inspection - Varietal Purity Only
A. Seed can be Certified for varietal purity only if the owner of a variety so specifies. For such varieties, only standards which affect genetic purity will be applied. All seed producers of a given variety will be required to certify it for genetic purity or for genetic and mechanical quality standards according to the procedure elected by the variety owner.

B. Individual lots to be exported from South Dakota can be certified for varietal purity only. The applicant must specify the intended destination and the seed must meet the minimum Certified seed standards of the state or country of destination.

C. The association will make one or more field inspections per field depending upon when the genetic purity and identity can best be determined.

D. The applicant must rogue each field, if necessary, for off-type plants before inspection. Off-type plants should be carried out of the field to prevent contamination.

E. All fields must meet the isolation and land requirements for the specific crop being certified to prevent cross-pollination, varietal mixtures and mechanical mixtures. (See specific standards for each crop.)

F. A field inspection report will be given to the applicant after a field has been inspected.

G. Certification tags of seed certified for varietal purity only will state "Certified for Genetic Purity Only."

11. Maintaining Identity of Seed
Field inspected seed must be positively identified at all times. Accurate records on bins containing bulk lots of seed (cleaned or uncleaned) must be identified either by a bin number or by lot numbers and variety of the seed in the bin. Bags must be identified by a stenciled lot number or identification tag securely fastened to the bag. This applies not only to recognized conditioners but to growers as well if seed for certification is conditioned by that grower.

12. Certification Records
The applicant must keep accurate records of the amount of seed harvested from each field (not necessarily actual weights, but number of truck loads, bins, bags, etc.), and where the seed is stored or taken for conditioning. Seed conditioners must keep records for each lot brought into their plants including:

A. Name and address of owner of seed.

B. Number or other identification of field(s).

C. Amount (weight, if possible) of uncleaned seed.

D. Date received.

E. Assigned bin number.

F. Condition of seed (if high moisture, excess weeds, etc.).

G. Weight and/or number of bags of cleaned seed.

H. Date of conditioning.

I. Certification number placed on bags.

J. If cleaned lots are blended, approximate weight of each component blended. See page ??????Blending Lots of Seed.

A file sample of each lot of seed conditioned should be maintained. These records should be kept in a record book readily accessible for inspection by authorized persons. The records must be kept on file for three years. The file samples should be kept for at least one year after the lot has been completely sold. The South Dakota Crop Improvement Association reserves the right to examine all records of the applicant pertaining to seed lots eligible for certification.

13. Requirements of Certifying Agency for Training Seed Producers
The certifying agency shall set up standards and qualifications for seed producers and will carry on such educational work as may be necessary to instruct producers thoroughly. (Refer to Memorandum of Agreement Concerning Seed Increases of New Varieties.)

14. Handling Crop Prior to Inspection
If necessary, the applicant must rogue off-type plants, objectionable other crop plants and problem weeds prior to field inspection.

15. Qualifications for Inspectors
Inspectors doing technical work shall have had the necessary technical training to enable them to do skillful and efficient work.

16. Seed-Borne Diseases
Every field for which certification is requested shall show evidence that reasonable precaution has been taken to control seed-borne diseases. The field at time of inspection shall not contain beyond established tolerances of injurious seed-borne plant diseases which are enumerated in the individual crop standards. The representative sample of the finished seed crop is to be subjected to laboratory examination for diseases when such tests are available.

17. Seed House or Bin Inspection of Seed
One or more inspections of harvested lots of seed from inspected fields may be made at any time by representatives of the certifying agency who shall have authority to reject for certification any lot not properly protected from mixture or improperly identified.

18. Seed Testing
Analyses and tests of samples of seed and definitions of analytical terms shall be in accordance with the rules of the Association of Official Seed Analysts (AOSA). The South Dakota Crop Improvement Association designates the SDSU Seed Testing Lab as the Official Laboratory for seed testing purposes.

19. Labeling of All Classes of Certified Seed

A. All classes of Certified seed when offered for sale shall have an official certification label affixed to each container. Labels other than those printed on the containers shall be attached to containers in such a manner that removal and re-attachment will be obvious. In emergency situations with approval of the Certification office a Bulk Transfer Certificate may be used in lieu of tags for mini bulk bagged seed to be planted by the purchaser.

B. The Certified seed tag which is attached to the bag attests to the genetic identity of the seed contained therein. This tag shall identify the variety name, kind and class of seed, lot and grower number. For seed sold in bulk this information shall be provided on the Bulk Transfer Certificate. The official tag colors for classes of Certified seed will be: Foundation seed, white label; Registered seed, purple label; Certified seed, blue label.

C. The official certification label may be pre-printed directly on the container with prior approval of the Certification office. The conditioner must maintain a strict accounting of all the containers which are used as well as inventory held. This information must be supplied to the Seed Certification office.

20. Bulk Certification
Certified, Registered and Foundation¹ seed may be sold in bulk subject to the following regulations:
Bulk seed, as defined for the purpose of these standards, shall refer to any quantity of seed confined to any size structure or container which is not possible or feasible to seal and transport. Re: seed in a storage bin, unbagged loose seed on a wagon or truck, etc.
¹ Foundation seed is approved for sale in Bulk mini-bags which require a tag and seal.

A. All field and seed standards applying to bagged seed shall also apply to bulk Certified seed.

B. Classes of Certified seed may be sold in bulk by an approved retail seed facility or by the applicant producer. A maximum of two sales is permitted except as noted in (3) below.
1. From applicant producer to an approved bulk retailer or consumer.
2. From approved bulk retailer to consumer.
3. From an approved bulk retailer to second approved bulk retailer to the consumer.

C. Bulk Registered seed to be eligible for recertification. must be sold by the applicant producer or by an approved conditioner directly to the Certified seed producer. A maximum of two sales is permitted except as noted in (3) above.

D. It is the seller's responsibility to:
1. Handle seed in a manner to prevent mixtures and contamination.
2. Supply seed that is representative of the seed tested and approved for certification.
3. See that all bins, augers, conveyors, and other equipment are adequately cleaned before handling classes of Certified seed.
4. Determine that the vehicle receiving bulk Certified seed is clean. If the receiving vehicle is not clean, a statement to that effect is to be noted on Bulk Transfer Certificate.
5. Keep a sample representing each lot of bulk Certified seed sold.
6. Official CERTIFIED SEED TEST REPORTS must be maintained on each lot.
7. Give a completed Bulk Transfer Certificate to the seed purchaser and send the original to the certification office. Retain a copy for seller's records.

E. It is the buyer's responsibility to provide a clean vehicle or bulk receptacle and to maintain purity of the seed after it has been loaded into the buyer's vehicle.

F. No certification tags will be issued as the completed Bulk Transfer Certificate takes the place of the Certified seed tag. The complete seed analysis will be printed on the certificate except when the applicant sells uncleaned field approved seed to an approved conditioner for cleaning and completion of certification. The buyer should receive a certificate for each lot of bulk Certified seed purchased. A copy of the Bulk Transfer Certificate must be supplied to the certification office before the conditioner will be allowed to complete certification.

G. Retail bulk seed facilities must be approved by the certifying agency before Certified seed can be handled in bulk. Such facilities may be part of a seed conditioning plant or may be approved only for handling bulk Certified seed. Before approval, all procedures for receiving, storing, dispensing and record keeping must be inspected. The applicant must demonstrate acceptable procedures for maintaining purity and identity of bulk Certified seed. Application forms for such approval must be submitted to the certification office. Plant inspection reports are reviewed by the South Dakota Crop Improvement Association subcommittee on approved conditioners and final approval is determined by the South Dakota Crop Improvement Association Board.

H. For all bulk Certified seed:
1. A separate storage bin must be available for each variety that will be sold in bulk. The bin must be cleaned and reinspected before changing to another variety.
2. All bins, augers, conveyors and other equipment must be cleaned before storage or handling Certified seed.
3. All bins must be clearly and prominently marked to show crop, variety, lot number, seed analysis and seed class.
4. All bin openings must be closed to prevent contamination, except when seed is being put in or removed from the bin.

I. The following records must be maintained:
1. Amount of seed grown and conditioned or purchased for bulk sale.
2. Amount of bulk Certified seed sold by variety and lot number.
3. A current inventory of seed available for sale for each variety.

J. One lot number will be assigned to each bin per filling. The maximum lot size is the bin capacity.

K. Bulk Certified seed shall not move through unapproved commercial grain handling facilities.

21. Substandard Seed in Emergency Situations
It is recognized that in emergency situations, such as unfavorable weather conditions, seed necessary for the advancement of crop improvement would be lost if regular certification standards were adhered to. Therefore, under such circumstances, seed failing to meet certification standards in factors other than those affecting genetic purity may be Certified providing there is no injury to the reputation of Certified seed. Such seed will carry the regular certification tag with the word "Substandard" and then the reason.

22. Publication of and Adherence to Standards and Procedures
All standards and procedures of Seed Certification shall be available in published form, and a copy thereof filed with the Secretary of Agriculture and Secretary of the Association of Official Seed Certifying Agencies within two months of adoption.

23. Prohibited and Restricted Weed Seeds
Prohibited and restricted weed seeds as outlined in the specific standards for each crop shall be construed to mean the seed of those weeds defined by the state seed law as "Prohibited Noxious Weed Seed" and "Restricted Noxious Weed Seed".

PROHIBITED NOXIOUS WEED SEED¹

field bindweed . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .(Convolvulus arvensis)
leafy spurge . . . . . . . . . . . . . . . . . . . . . . . . . . (Euphorbia esula and E.x pseudovirgata)
Russian knapweed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . (Centaurea repens)
hoary cress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Cardaria draba)
perennial sow thistle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Sonchus arvensis)
Canada thistle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Cirsium arvense)
quackgrass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Agropyron repens)
horse nettle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Solanum carolinense)

RESTRICTED NOXIOUS WEED SEED¹

wild oats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Avena fatua)
dodder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Cuscuta spp.)
wild mustard . . . . . . . . . . . . . . . . .(Brassica kaber, syn. Sinapis arvensis, B. nigra and B. juncea)
hedge bindweed . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . (Convolvulus sepium)
wild carrot . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Daucus carota)
field pennycress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Thiaspi arvense)
annual bluegrass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Poa annua)
spotted knapweed . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Centaurea maculosa)
giant foxtail . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Setaria faberi)
musk thistle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Carduus nutans)
plumeless thistle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Carduus acanthoides)

¹Please Note! State Law regulating weed plant species and the State Seed law regulating weed seed in planting stock seed in this state may differ.

24. Complying with Federal and State Seed Laws
Responsibility for any obligation arising from the sale or shipment of seed which has been Certified rests with the grower or subsequent handler making the sale or shipment.

25. Seed Sampling
A full sample bag approximately two-quarts or a one pint sample of alfalfa and/or other small seeds must be sent to the South Dakota Seed Certification Service for laboratory analysis to determine genetic purity, mechanical purity and germination of the seed. A representative sample of the seed shall be drawn by the producer or conditioner from the conditioned seed lot. All Certified seed sold must meet the analysis of the representative sample submitted to the laboratory. The grower and/or conditioner is responsible for the proper labeling of the seed; therefore, a representative and not a hand-picked sample must be submitted for analysis. Seed from a field which has passed field inspection but from which a sample has not been submitted thereafter cannot be eligible for certification.

26. Blending Lots of Seed
Different lots of seed from fields that have passed field inspection of the same crop variety produced by one or more growers may be blended, provided:

A. Prior approval is obtained from the Seed Certification Service before the blend is made; the Bulk Transfer Certificate (form furnished on request) is filled out by the grower.

B. There is adequate equipment to blend the seed uniformly.

C. All individual lots of seed going into the blend have passed field inspection by the Seed Certification Service to determine eligibility for certification.

D. The party making the blend must keep accurate records, weights and samples of the individual lots making up the blend. This record must be furnished to the Seed Certification Service to be kept with the lot record of the blend.

E. A lot number shall be assigned to each blend by the Certification office at the time the blend is to be Certified.

F. The party or parties making the blend assume all responsibility in case the seed fails to qualify for certification.

G. Blends of the same kind and variety but different seed class will automatically be classified with the lower of the classes in the blend regardless of the proportion.

27. Interagency Certification
The Seed Certification Service is in a position to service any Certified seed regardless of the state in which it originated. Many times seed dealers have carry-over seed certified in another state which must either be retagged or retested, or both. In cases where the original tags must be removed, a new Interagency tag can be issued providing the analysis of the seed still complies with certification requirements in South Dakota.

A. Interagency certification is the participation of two or more official seed certification agencies in the completion of certification in South Dakota for seed which has been field inspected or Certified in another state or AOSCA affiliate.

B. Seed to be recognized for interagency certification must be received in containers carrying official certification labels; or if for further conditioning and final certification, evidence of its eligibility from the official certifying agency in the state or country of origin together with the following information must be supplied on a CERTIFICATE OF TRANSFER FOR SEED PENDING CERTIFICATION:
1. Variety and kind
2. Quantity of seed -- pounds or bushels
3. Class of Certified seed shipment is eligible for
4. Inspection or lot number traceable to the original applicant and to the records of the agency making the field inspection.

C. A lot of bulk seed which has passed field inspection or is completely certified by another official certification agency may be sold and/or moved into South Dakota in bulk for further conditioning and/or completion of certification, provided:
1. Prior arrangements for moving the seed are made with and approved by the cooperating certification agencies.
2. An official Bulk Transfer Certificate is filed by the original applicant for certification of the seed with the South Dakota Crop Improvement Association.

D. Interagency labels shall clearly identify the certifying agencies involved. In addition, the variety, kind, class and lot numbers will be shown on tags which are serially numbered. Each bag of seed must have an official label attached in a manner that prevents removal and reattachment without tampering being obvious.

E. All expenses incurred for interagency certification will be paid by the applicant (labeler).

28. O.E.C.D. Seed Certification Schemes
A. Information regarding procedures for participating in the Organization for Economic Cooperation and Development (O.E.C.D.) is available from the South Dakota Crop Improvement Association, which is the designated authority for O.E.C.D. Certification in South Dakota. Contact the South Dakota Crop Improvement Association office for information and assistance.

B. The O.E.C.D. is an international organization having national governments as its members. Under its sponsorship minimum rules and directions have been established to assist international trade in seed of known genetic purity. In the United States, USDA/AMS has been assigned responsibility of implementing the seed schemes among the states participating.

29. Seed Production Report and Sales Fee
A. An applicant shall be required to submit a complete report on the forms supplied by the Certification office on production and final distribution (disposition) of seed harvested from inspected fields after the end of the normal seed sales season.

B. Sales Fee- Public Developed, Non-Royalty Varieties
An applicant will remit to the association office at the end of the sales season, 2% of gross seed sales.
The 2% fee is assessed on all income from seed sold FOR SEEDING PURPOSES from inspected and approved fields even though the grower may for any reason fail to complete final certification of the crop.

C. Royalty/Variety Development Fee
Assessment as per agreement on such varieties will require the applicant to complete forms furnished for this purpose and remit the fees assessed based on seed sold. In some cases a grower's own production which is used to produce certified seed for resale is also assessed a user fee.

D. Production reports and any applicable sales fees are due when sold and the grower or applicant receives payment. Deadline for reporting is as follows:
1. Oats, spring wheat, triticale, flax, barley and alfalfa reports due July 1 ( in the year following production.)
2. Soybeans, dry edible beans, millet, sudan, and sorghum reports due August 1 (in the year following production.)
3. Winter wheat and rye reports due November 1 (year of production.)
4. All grasses and all other crops not covered above are due December 31 (in the year following production.)

E. Late Reports
The association reserves the right to suspend an applicant's eligibility for participation in the Seed Certification program if production reports and any applicable sales fee have not been received within four months of the established deadline dates.

30. Carryover Seed
The production/inventory report must state the amount of seed being carried over to the next planting season from each field/seed lot that passed field inspection.

A. Certifiable seed carried over in bulk or in untagged bags must be conditioned, tested and labeled in accordance with certification procedures before being sold as a class of Certified seed.

B. All Certified seed carried over in bulk or in bags labeled with certification tags must be resampled and retested for germination to determine eligibility for sale under state and federal seed laws.

Certification of Other Crops
Certification of crops not listed in this manual will be governed by standards established by the Association of Official Seed Certifying Agencies (AOSCA). Copies of such standards will be made available to individual applicants upon request.

Approved Certified Seed Conditioning Plants
An Approved Seed Conditioner is any individual, partnership, cooperative or corporation that buys, conditions and completes certification requirements on lots of seed from fields that have passed field inspection and is approved and recommended by the SD Crop Improvement Association for conditioning certifiable seed.
In order to become an Approved Seed Conditioner an application shall be completed and submitted to the Seed Certification Service, South Dakota Crop Improvement Association, South Dakota State University, Box 2207A, Brookings, South Dakota 57007-1096. Application blanks are available upon request and shall be completed and returned together with the required initial inspection fee. An inspection of the seed plant will be made by an official designated by the Seed Certification Office. The inspection report will be forwarded to the South Dakota Crop Improvement Association Approved Conditioning Plant Committee.
All (accepted) conditioners designated as Approved Seed Conditioners must have been recommended by the South Dakota Crop Improvement Association Committee on Conditioning Plants and approved by the South Dakota Crop Improvement Association Board of Directors. The committee consists of one person appointed by the South Dakota Crop Improvement Association, one person appointed by the South Dakota State University Plant Science Department and one person appointed by the South Dakota Seed Trade Association.
An annual fee due July 1 will be charged on all Approved Conditioning Plants in good standing to cover the cost of periodic inspections.

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Web page last modified on April 08, 2002 by Dan Olson.