South Dakota Statutes

Title 38 - AGRICULTURE AND HORTICULTURE

Chapter 01 - State Department Of Agriculture
- Section 38-1-1 - Department continued--Office--Service of process--Seal.
- Section 38-1-1.1 - Department continued--Performance of functions.
- Section 38-1-11 - Appointment and qualification of executive assistants--Bonds.
- Section 38-1-12 - Employment of inspectors and other employees.
- Section 38-1-13 - Terms of office of executives and employees--Discharge--Salaries.
- Section 38-1-14 - Traveling expenses of departmental personnel.
- Section 38-1-15 - Secretary and executives devote entire time to office--Restrictions on holding ofother office.
- Section 38-1-16 - Regulations for administration of department.
- Section 38-1-17 - Repealed.
- Section 38-1-18 - Promotion of agricultural interests--Experimental and extension work--Marketing offarm products.
- Section 38-1-18.1 - Grants and donations for promotion of and service to agriculture--Deposit andexpenditure of funds.
- Section 38-1-19 - Collection and publication of agricultural and marketing statistics.
- Section 38-1-2 - Secretary of agriculture as head of department--Appointment.
- Section 38-1-21 - Department as bureau of statistics--Dissemination of information--Cooperation withother agencies.
- Section 38-1-22 - Repealed.
- Section 38-1-23 - Advertisement of state resources and opportunities--Encouragement of investmentsand new enterprises.
- Section 38-1-24 - Publication of promotional materials--Exhibits.
- Section 38-1-25 - Repealed.
- Section 38-1-26 - Cooperation with State Fair Commission.
- Section 38-1-27 - Seed regulation--Assistance by state university.
- Section 38-1-28 - Seed testing and analysis by state university.
- Section 38-1-29 - Apiaries and bees.
- Section 38-1-3 - Oath and bond of secretary.
- Section 38-1-30 - Cooperation with commissioner of school and public lands in forest protection.
- Section 38-1-31 - Repealed.
- Section 38-1-32 - Regulation of nursery stock.
- Section 38-1-33 - Compilation of data on production and marketing cooperatives.
- Section 38-1-34 - Dissemination of information and assistance to production and marketingcooperatives.
- Section 38-1-35 - Repealed.
- Section 38-1-36 - Cooperation in protection of fish and game.
- Section 38-1-37 - Cooperation and coordination with other departments--Preventing duplication ofeffort.
- Section 38-1-38 - Representation of agricultural interests before federal agencies.
- Section 38-1-38.1 - Principles of state before federal government.
- Section 38-1-39 - Repealed.
- Section 38-1-4 - General duties of secretary.
- Section 38-1-42 - Establishment of the farm link program.
- Section 38-1-43 - Rules governing the farm link program.
- Section 38-1-44 - Definition of terms.
- Section 38-1-45 - Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
- Section 38-1-46 - Request that secretary collect samples--Secretary's designee--Fee--Notice of sampletaking.
- Section 38-1-47 - Patent holder may seek protection order--Limitations.
- Section 38-1-48 - Samples--Where taken.
- Section 38-1-49 - Promulgation of rules.
- Section 38-1-5 - Superseded.
- Section 38-1-5.1 - Divisions abolished--Performance of functions.
- Sections 38-1-19.1 to 38-1-20.1 - Repealed
- Sections 38-1-40, 38-1-41 - Prosecution by secretary of violations--Security for costs not required. Repealed
- Sections 38-1-6 to 38-1-10 - Superseded
Chapter 02 - Agricultural Experiment Stations [Transferred]
Chapter 03 - Agricultural Extension Services [Transferred]
Chapter 04 - Demonstration Farms [Repealed]
Chapter 05 - Agricultural Census And Statistics
- Section 38-5-1 - Agreements with federal government for annual census--Purpose.
- Section 38-5-2 - Directors of equalization to list acreage, crop production and livestock--Compliancerequired for compensation.
- Section 38-5-3 - Duties of other public officers and employees.
Chapter 06 - Rural Rehabilitation Assets And Funds
- Section 38-6-1 - Secretary of agriculture as state official to receive trust assets.
- Section 38-6-10 - United States held free from liability.
- Section 38-6-11 - Severability of provisions.
- Section 38-6-2 - Bond furnished by secretary of agriculture.
- Section 38-6-3 - Agreements for administration of trust assets by federal government.
- Section 38-6-4 - Deposit of trust assets with state treasurer--Purposes for which used.
- Section 38-6-5 - Compromise, adjustment, and collection of claims and obligations.
- Section 38-6-6 - Purchase and acquisition of property securing indebtedness.
- Section 38-6-7 - Operation, lease, and disposition of property purchased or acquired.
- Section 38-6-8 - Investment, transfer, and sale of securities and obligations--Purposes.
- Section 38-6-8.1 - Rules for disposition of claims and administration of trust.
- Section 38-6-9 - Powers delegated to secretary of agriculture of United States.
Chapter 07 - Division Of Resource Conservation And Forestry
- Section 38-7-1 - Policy of state--Purposes of chapters.
- Section 38-7-10 - Chairman of commission--Delegation of powers and duties.
- Section 38-7-11 - Repealed.
- Section 38-7-12 - Employment of personnel by division--Legal services.
- Section 38-7-13 - Record of proceedings kept by division.
- Section 38-7-14 - Detail of personnel to division by other state agencies.
- Section 38-7-15 - Assistance in carrying out of district programs.
- Section 38-7-16 - Interchange of information between districts and division.
- Section 38-7-17 - Coordination of district programs.
- Section 38-7-18 - Assistance provided to districts by federal and state agencies.
- Section 38-7-19 - Dissemination of information--Encouraging formation of districts.
- Section 38-7-2 - Definition of terms.
- Section 38-7-2.1 - Division of Resource Conservation and Forestry created.
- Section 38-7-2.2 - Director of Division of Resource Conservation and Forestry--Nomination,appointment, and removal.
- Section 38-7-2.3 - Conservation functions performed by division--Direction and control by director.
- Section 38-7-20 - Representation of districts--Development of conservation policy--Cooperation withpublic and private agencies.
- Section 38-7-21 - Recommendations on programs of local, state, and federal agencies and subdivisions.
- Section 38-7-22 - Provision of funds and assistance to districts.
- Section 38-7-23 - Accounting and financial reporting procedures by districts.
- Section 38-7-24 - Request to Legislature for appropriations.
- Section 38-7-25 - Coordinated natural resources conservation fund created--Purposes.
- Section 38-7-26 - Source of money in coordinated natural resources conservation fund.
- Section 38-7-27 - Coordinated natural resources conservation program established--Promulgation ofrules.
- Section 38-7-28 - Administration of coordinated natural resources conservation program.
- Section 38-7-29 - Soil conservation award program established.
- Section 38-7-3 - State Conservation Commission established--Purposes.
- Section 38-7-3.1 - Direction and supervision by Division of Resource Conservation and Forestry--Independent functions retained by commission.
- Section 38-7-4 - Composition of commission--Appointment and terms of members--Vacancies.
- Section 38-7-5 - Farmer-member areas.
- Section 38-7-6 - Nonvoting members of commission--Tenure of office.
- Section 38-7-7 - Accommodations, supplies, and equipment for commission.
- Section 38-7-8 - Record of commission actions--Seal--Hearings--Rules and regulations.
- Section 38-7-9 - Quorum of commission.
Chapter 07A - Shelterbelts
- Section 38-7A-1 - Repealed.
- Section 38-7A-2 - Definition of shelterbelts--Requirements.
- Section 38-7A-3 - Certification procedures.
- Section 38-7A-4 - Inspection of shelterbelts--Report of disqualification.
- Section 38-7A-5 - List of certified shelterbelts furnished to secretary of agriculture--Contents.
- Section 38-7A-5.1 - Payments to owners.
- Section 38-7A-6 - Maximum period of certification--Removal of certification.
Chapter 08 - Conservation Districts
- Section 38-8-1 - Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.
- Section 38-8-10 - Notices and conduct of hearings and referenda--Procedural regulations--Referendumnot invalidated by informalities.
- Section 38-8-11 - Vote required to authorize creation of district--Extent of participation in votingrequired.
- Section 38-8-12 - Publication of referendum results--Determination and recording of administrativepracticability and feasibility.
- Section 38-8-13 - Factors considered in determining administrative practicability and feasibility.
- Section 38-8-14 - Time for filing new petitions after denial of district.
- Section 38-8-15 - Election of initial supervisors--District as governmental subdivision.
- Section 38-8-16 - Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission.
- Section 38-8-17 - Filing and recording of application and statement--Issuance of certificate oforganization.
- Section 38-8-18 - Certificate of organization as proof of establishment of district.
- Section 38-8-19 - Petition for inclusion of additional territory--Procedure.
- Section 38-8-2 - Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.
- Section 38-8-20 - Inclusion of additional territory by amendment of charter--Notice and hearing.
- Section 38-8-21 - Resolution to include additional territory--Effective date.
- Section 38-8-22 - Petition for combination or division of districts--Number of signers--Form.
- Section 38-8-23 - Commission hearing on petition for combination or division of districts.
- Section 38-8-24 - Determination of administrative practicability and feasibility of combining districts.
- Section 38-8-24.1 - Petition for referendum on organization of district--Commission action on petition.
- Section 38-8-25 - Appointment of supervisors for reorganized district.
- Section 38-8-26 - Certificates of organization for new districts--Certificate of dissolution--Assets andliabilities revert to new district.
- Section 38-8-3 - Factors considered in hearing on petition for organization of district.
- Section 38-8-30 - Petition for boundary adjustment between adjoining districts.
- Section 38-8-31 - Notice and hearing on boundary adjustment between districts.
- Section 38-8-32 - Determination of administrative practicability and feasibility of boundaryadjustments--Factors considered--Notice to districts.
- Section 38-8-33 - Application to secretary of state for certificate evidencing boundary changes--Accompanying statement by state commission--Issuance of certificate.
- Section 38-8-34 - Petition for change of name of district--Action by state commission--Issuance bysecretary of state.
- Section 38-8-38 - Repealed.
- Section 38-8-39 - Composition of district governing board--Number and qualifications of supervisors--Notice of available district offices--Nominating petitions--Election procedure.
- Section 38-8-39.1 - Repealed.
- Section 38-8-4 - Determination of need for district--Establishment of boundaries.
- Section 38-8-40 - Repealed.
- Section 38-8-41 - Repealed.
- Section 38-8-42 - Terms of office of district supervisors.
- Section 38-8-43 - Removal of supervisor from office.
- Section 38-8-44 - Filling of vacancies in district board.
- Section 38-8-45 - Chairman and officers of district board--Quorum--Majority required for actions.
- Section 38-8-45.1 - Meetings and hearings of district supervisors open to public.
- Section 38-8-46 - Compensation and expenses of supervisors.
- Section 38-8-47 - Employment of personnel by supervisors--Legal services--Delegation of powers.
- Section 38-8-48 - Surety bonds required by district supervisors--Record of proceedings--Financialreports.
- Section 38-8-49 - District as governmental subdivision and public body--General corporate powers.
- Section 38-8-49.1 - Budget estimates of operating and maintenance costs submitted to counties--Determination and apportionment of costs--Funds derived from general county fund.
- Section 38-8-5 - Determination of no need and denial of petition--Time for filing new petitions.
- Section 38-8-50 - Comprehensive district plans for conservation of resources--Programs and practicesincluded.
- Section 38-8-51 - Advice and consultation with political subdivision governing bodies.
- Section 38-8-51.1 - Cooperation with political subdivisions in implementing area-wide waste treatment.
- Section 38-8-52 - Cooperation between districts.
- Section 38-8-53 - Conservation district special revenue fund established--Purpose--Disbursements--Policies and procedures.
- Section 38-8-53.1 - Conservation district special revenue fund available for loans to watershed districts.
- Section 38-8-54 - District power to receive loans from special revenue fund.
- Section 38-8-54.1 - Borrowing funds and pledging credit of district authorized.
- Section 38-8-55 - County contributions to districts--Financial statement filed with countycommissioners.
- Section 38-8-56 - Notice and hearing on county contributions to districts.
- Section 38-8-57 - Annual report filed with county contributing to district--Publication of report.
- Section 38-8-58 - Acquisition, administration, improvement, and disposition of property by district.
- Section 38-8-59 - Exemption from general laws applicable to public property.
- Section 38-8-6 - Consideration of administrative practicability and feasibility of district.
- Section 38-8-60 - Construction, operation and maintenance of structures by district.
- Section 38-8-61 - District conservation measures on public and private land.
- Section 38-8-62 - Acquisition and management of federal projects by district--Acting as agent forUnited States or state--Acceptance of federal and state contributions.
- Section 38-8-63 - Cooperation with and aid to other public agencies or land occupiers in conservationmeasures.
- Section 38-8-64 - Assistance to land occupiers in conservation measures.
- Section 38-8-65 - Contributions and land-use agreements required as conditions to assistance providedby district.
- Section 38-8-7 - Referendum on creation of district--Form of ballot--Right to vote.
- Section 38-8-8 - Timing of referendum on creation of district.
- Section 38-8-9 - Conduct of election on creation of district--Certification of results.
- Section 38-8-90 - Petition for dissolution of district--Number of signers--Public meetings and hearings.
- Section 38-8-91 - Frequency of petitions for dissolution of district.
- Section 38-8-92 - Referendum on petition for dissolution of district--Form of ballot--Right to vote.
- Section 38-8-93 - Timing of referendum on dissolution of district.
- Section 38-8-94 - Conduct of election on dissolution of district--Certification of results.
- Section 38-8-95 - Referendum on dissolution of district valid despite informalities.
- Section 38-8-98 - Application to secretary of state for certificate of dissolution--Recitals in application--Issuance of certificate.
- Sections 38-8-27 to 38-8-29 - Repealed
- Sections 38-8-35 to 38-8-37 - Repealed
- Sections 38-8-66 to 38-8-89 - Repealed
- Sections 38-8-96, 38-8-97 - Determination of administrative practicability and feasibility of continued operation of district--Majority vote requiring discontinuance. Termination of district affairs o
Chapter 08A - Soil Erosion And Sediment Damage Control
- Section 38-8A-1 - Definition of terms.
- Section 38-8A-10 - Review of standards by commission--Recommendations as to changes.
- Section 38-8A-11 - Adoption of conservation standards by districts--Cooperation with other local units.
- Section 38-8A-12 - Petition for revision of district standards--Signatures required.
- Section 38-8A-12.1 - Filing of petition--Submission of standards to election unless supervisors approverevision.
- Section 38-8A-12.2 - Election procedures.
- Section 38-8A-13 - District standards to be met by activities on publicly owned lands.
- Section 38-8A-14 - Enforcement of standards under contract with public agency.
- Section 38-8A-15 - Issuance of permits by commission or districts prohibited.
- Section 38-8A-16 - Permit-issuing authorities to require compliance with district conservation standards.
- Section 38-8A-17 - Land-disturbing activity plans, applications, and reports not required if standards notviolated--Plan required for conversion of fragile land.
- Section 38-8A-18 - Violation of adopted standards by land-disturbing activities--Control plan required--District approval--Implementation of plan.
- Section 38-8A-18.1 - Noncompliance--Penalties.
- Section 38-8A-19 - Variances to allow additional time for compliance.
- Section 38-8A-2 - "Land-disturbing activity" defined.
- Section 38-8A-20 - Petition to allege violation of chapter--Investigation and action by petitioned agency.
- Section 38-8A-21 - Injunctive or other relief to enforce chapter.
- Section 38-8A-22 - Dust blowing and soil erosion--Owner or operator to prevent.
- Section 38-8A-23 - Blowing soil--Investigation and order for prevention by conservation district board.
- Section 38-8A-24 - Emergency orders--Issuance--Posting.
- Section 38-8A-25 - Preventive treatment--Grounds for performance by conservation district board.
- Section 38-8A-26 - Assessment against land treated by board.
- Section 38-8A-27 - Disposition of assessment collections--Collection fee prohibited.
- Section 38-8A-28 - Cooperation with federal, state, and local agencies to prevent erosion.
- Section 38-8A-3 - Guidelines to be developed by commission--Citizen participation.
- Section 38-8A-4 - Content of guidelines.
- Section 38-8A-5 - Information and standards used as basis of guidelines.
- Section 38-8A-6 - Districts to develop proposed standards in cooperation with local units--Time--Designation of fragile land.
- Section 38-8A-7 - Repealed.
- Section 38-8A-8 - Hearing on proposed standards or revisions--Publication of notice.
- Section 38-8A-9 - Transmittal of proposed standards to commission for review.
Chapter 09 - Weather Modification Activities [Transferred]
Chapter 10 - Wheat Development And Promotion
- Section 38-10-1 - Policy of state.
- Section 38-10-10 - Repealed.
- Section 38-10-11 - Officers of wheat commission--Meetings.
- Section 38-10-12 - Appointment and tenure of executive director--Compensation.
- Section 38-10-13 - Bonds required of director and treasurer.
- Section 38-10-14 - Administrative office of commission.
- Section 38-10-15 - Formulation of general policies and programs for wheat promotion.
- Section 38-10-16 - Wheat research and market development.
- Section 38-10-17 - Research restricted to cooperation with other agencies.
- Section 38-10-18 - Education and publicity program.
- Section 38-10-19 - Cooperation with public and private organizations--Contracts.
- Section 38-10-2 - Definition of terms.
- Section 38-10-20 - Rules and regulations adopted by commission.
- Section 38-10-21 - Commission records kept.
- Section 38-10-22 - Promotional fee on wheat sold through commercial channels--Collection from firstpurchaser.
- Section 38-10-23 - Sales to federal government exempt from fee.
- Section 38-10-24 - Fee applicable to wheat stored or sold outside state--Collection from grower.
- Section 38-10-25 - Proof of purchase delivered by wheat purchaser to grower--Contents.
- Section 38-10-26 - Alteration of proof of purchase documents as misdemeanor.
- Section 38-10-27 - Quarterly reports by wheat purchasers--Payment of fee.
- Section 38-10-28 - Fee deducted when loan made by federal agency--Federal forms accepted in lieu ofinvoice.
- Section 38-10-29 - Supplemental and alternate forms used by commodity credit corporation.
- Section 38-10-3 - Wheat commission established--Composition and appointment of members.
- Section 38-10-3.1 - Independent functions retained by commission.
- Section 38-10-30 - Use by Commodity Credit Corporation of identification numbers--Access of stateofficials to records.
- Section 38-10-31 - Fee paid at time of federal loan as complete satisfaction.
- Section 38-10-32 - Minor errors in fee collection overlooked.
- Section 38-10-33 - Assessment of fee by director on failure to file report--Penalty--Time of payment.
- Section 38-10-34 - Application for refund of fee erroneously collected--Time for refund--Waiver byfailure to file claim.
- Section 38-10-35 - Deposit and appropriation of fees.
- Section 38-10-36 - Repealed.
- Section 38-10-37 - Violation of chapter as misdemeanor.
- Section 38-10-38 - Citation of chapter.
- Section 38-10-39 - Commission financial reports--Annual audit.
- Section 38-10-4 - Qualifications of appointive members of commission.
- Section 38-10-40 - Liability for omissions.
- Section 38-10-5 - Commission to advise director.
- Section 38-10-6 - Areas represented by appointive members of commission.
- Section 38-10-7 - Terms of office of appointive members of commission--Vacancies.
- Section 38-10-8 - Removal of wheat commission member.
- Section 38-10-9 - Ex officio members of wheat commission--No vote.
Chapter 11 - State Seed Certification Board
- Section 38-11-1 - Appointment and terms of board members--Vacancies.
- Section 38-11-1.1 - Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board.
- Section 38-11-2 - Composition and representation on board--Recommendations for appointment.
- Section 38-11-3 - Oath of board members--Officers of board.
- Section 38-11-4 - Meetings of board.
- Section 38-11-5 - Repealed.
- Section 38-11-6 - Official seed certifying agency for state.
- Section 38-11-7 - Standards for certification--Rules and regulations.
Chapter 12 - Agricultural And Vegetable Seed Standards And Labeling [Repealed]
Chapter 12A - Seed Standards And Labeling
- Section 38-12A-1 - Definition of terms.
- Section 38-12A-10 - Exceptions to labeling requirements.
- Section 38-12A-11 - Seed dealers permit required--Exception--Expiration--Fee.
- Section 38-12A-11.1 - Seed fund established--Purpose--Appropriations.
- Section 38-12A-12 - Contents of advertisement by person excepted from seed permit.
- Section 38-12A-13 - Records of seed lots--File samples--Inspection--Use by secretary.
- Section 38-12A-14 - Secretary provided copy of records and access to premises.
- Section 38-12A-15 - Modification, revocation, or refusal to renew permit for violations.
- Section 38-12A-16 - Unlawful sale, offer for sale, or transportation for sale of seed within state--Violationas misdemeanor.
- Section 38-12A-17 - Additional prohibited acts--Violation as misdemeanor.
- Section 38-12A-18 - Additional civil penalty.
- Section 38-12A-19 - Powers of secretary.
- Section 38-12A-2 - Label required for containers of agricultural seeds--Contents.
- Section 38-12A-20 - Promulgation of rules by secretary.
- Section 38-12A-21 - Right of consumer to submit claim to arbitration.
- Section 38-12A-22 - Right of seedsman, seed producer, or seed dealer to submit claim to arbitration--Statutes of limitations and legal proceedings tolled.
- Section 38-12A-23 - Filing of complaint against seedsman, seed producer, or seed dealer--Time limitation--Filing of answer.
- Section 38-12A-24 - Referring of complaint to arbitration committee--Discontinuation of investigation.
- Section 38-12A-25 - Appointment of committee members--Election of chairman and secretary.
- Section 38-12A-26 - Purpose of committee--Nonbinding report--Evidence in litigation.
- Section 38-12A-27 - Session called by secretary or upon direction of chairman.
- Section 38-12A-28 - Investigation by committee--Recommendation--Hearings.
- Section 38-12A-29 - Investigation by majority of committee directed by chairman--Summary.
- Section 38-12A-3 - Label required for containers of lawn and turf seed--Contents.
- Section 38-12A-30 - Members not compensated--Reimbursement for expenses.
- Section 38-12A-4 - Label required for containers of vegetable seeds in planting devices--Contents.
- Section 38-12A-5 - Label required for containers of flower seeds or flower seeds in planting devices--Contents.
- Section 38-12A-6 - Label required for containers of tree and shrub seeds--Contents--Exception.
- Section 38-12A-7 - Contents of label for treated seed.
- Section 38-12A-8 - Seed sold in bulk--Display of label on container--Customer copy--Exception.
- Section 38-12A-9 - Seed test to determine label information.
Chapter 13 - Hybrid Seed Corn [Repealed]
Chapter 14 - Discrimination In Purchase Of Grain And Flaxseed
- Section 38-14-1 - Price differential between places of purchase as misdemeanor--Differential permittedwhen based on quality or transportation costs.
- Section 38-14-2 - Price differential permitted when necessary to meet competition in same place.
- Section 38-14-3 - Price differential permitted when necessary to meet nearby competition.
- Section 38-14-4 - Warehousemen and millers to post prices offered or paid for grain and flaxseed.
- Section 38-14-5 - Agreements for future purchases to be in writing--Contents--Distribution of copies.
- Section 38-14-6 - Violation of chapter as misdemeanor.
- Section 38-14-7 - Investigation by Public Utilities Commission of complaints of discrimination--Procedure and powers of commission.
Chapter 14A - Flax Research Fee [Repealed]
Chapter 15 - Potato Grades And Standards
- Section 38-15-1 - Definition of terms.
- Section 38-15-10 - Marks and brands accompanying labels--Specifications for labeling.
- Section 38-15-11 - Repealed.
- Section 38-15-12 - Sale, delivery or transportation of mislabeled potatoes as misdemeanor.
- Section 38-15-18 - Establishment of inspection fees--Uniformity.
- Section 38-15-2 - Establishment of grades and inspection service--Employment of personnel--Contractsfor inspection services.
- Section 38-15-21 - Collection of fees and charges--Disposition.
- Section 38-15-24 - Cooperation with agencies of federal government and other states.
- Section 38-15-25 - Rules and regulations.
- Section 38-15-31 - Seizure of mislabeled potatoes--Regrading or relabeling.
- Section 38-15-34 - Prosecution of violations on complaint by secretary.
- Section 38-15-5 - Certified seed grade of potatoes--Conformity to seed laws--Labeling.
- Section 38-15-9 - Labeling of closed containers sold in carload and truckload lots.
- Sections 38-15-13 to 38-15-17 - Repealed
- Sections 38-15-19, 38-15-20 - Repealed
- Sections 38-15-2.1 to 38-15-4 - Repealed
- Sections 38-15-22, 38-15-23 - Repealed
- Sections 38-15-26 to 38-15-30 - Repealed
- Sections 38-15-32, 38-15-33 - Repealed
- Sections 38-15-6 to 38-15-8 - Repealed
Chapter 16 - Wholesale Potato Dealers [Repealed]
Chapter 17 - Crop Liens
- Section 38-17-1 - Contract reserving title to landlord to be filed with register of deeds.
- Section 38-17-10 - Lien of federal agency furnishing seed or money.
- Section 38-17-11 - Filing of federal seed lien with register of deeds--Contents of notice.
- Section 38-17-12 - Misappropriation of federally furnished seed or money as misdemeanor.
- Section 38-17-13 - General law of seed liens applicable to federal liens.
- Section 38-17-14 - Threshers' and processors' lien on grain processed.
- Section 38-17-15 - Account filed by thresher or processor with register of deeds--Contents--Notice topurchasers and encumbrancers.
- Section 38-17-16 - Priority of threshers' and processors' liens.
- Section 38-17-17 - Innocent purchaser of crop protected against unfiled lien.
- Section 38-17-18 - Unauthorized disposition of property subject to thresher's or processor's lien asmisdemeanor.
- Section 38-17-2 - Landlord's reserved title not enforceable against innocent third party unless filed.
- Section 38-17-3 - Lien on crop for seed furnished--Limitation on amount contained in farm lease.
- Section 38-17-4 - Seed grain lien available to foreign corporations without qualifying.
- Section 38-17-5 - Filing of seed lien with register of deeds.
- Section 38-17-6 - Seed lien affidavit on behalf of nonresident.
- Section 38-17-7 - Entry of seed lien statements by register of deeds--Notice to purchasers andencumbrancers.
- Section 38-17-8 - Priority of seed liens.
- Section 38-17-9 - Unauthorized use of seed subject to lien as misdemeanor.
Chapter 18 - Apiaries
- Section 38-18-1 - Definition of terms.
- Section 38-18-10 - Infested colony or apiary as public nuisance--Treatment or destruction of infestedapiaries--Violation as misdemeanor--Additional penalty.
- Section 38-18-11 - Exposure of infected bees or equipment as misdemeanor--Additional penalty.
- Section 38-18-12 - Inspection programs--Employment of personnel--Investigation and control ofdiseases--Movement of bees in and out of state.
- Section 38-18-13 - False information or hindering of enforcement as misdemeanor.
- Section 38-18-14 - Access of departmental personnel to premises and apiaries.
- Section 38-18-15 - Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.
- Section 38-18-16 - Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageableequipment and
- Section 38-18-16.1 - Hearing--Staying of effective date of order--Exception--Affirmation, amendment orrevocation of order.
- Section 38-18-16.2 - Failure to comply with order--Strict liability for costs of destruction.
- Section 38-18-17 - Repealed.
- Section 38-18-18 - Repealed.
- Section 38-18-19 - Quarantine of bees, equipment, and premises--Unauthorized removal or handling asmisdemeanor--Continuation until determination by secretary.
- Section 38-18-2 - Repealed.
- Section 38-18-20 - Written order to place honey house in sanitary condition--Failure to obey asmisdemeanor.
- Section 38-18-21 - Certificate of health or compliance agreement required for bees and used beeequipment imported from another state--Importation without certificate orcompliance agreement as misdemea
- Section 38-18-22 - Repealed.
- Section 38-18-23 - Certificate of health--Content--Based on actual inspection.
- Section 38-18-24 - Repealed.
- Section 38-18-27 - Request to enter compliance agreement or for additional inspections by departmentalpersonnel--Fees and expenses.
- Section 38-18-28 - Promulgation of rules by secretary.
- Section 38-18-28.1 - Restriction on movement of bees and related articles from quarantined area--Promulgation of rules.
- Section 38-18-29 - Repealed.
- Section 38-18-3 - Annual application for registration of apiaries--Contents--Revocation of landowneror lessee's placement authorization--Approval or rejection of registration--Hearings--Violation
- Section 38-18-3.1 - Minimum distance between apiaries--Beekeepers excepted on own property.
- Section 38-18-3.2 - Repealed.
- Section 38-18-3.3 - Identification of apiary--Violation as misdemeanor.
- Section 38-18-3.4 - Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
- Section 38-18-30 - Repealed.
- Section 38-18-31 - Promotion of honey and by-products.
- Section 38-18-32 - Definitions.
- Section 38-18-33 - Honey industry fund.
- Section 38-18-34 - Administration of honey industry fund--Donation--Expenditures.
- Section 38-18-35 - Promulgation of rules for honey industry fund.
- Section 38-18-36 - Annual honey assessment.
- Section 38-18-4 - Application for entrance permit--Action by secretary--Failure to apply for permit asmisdemeanor--Civil penalty.
- Section 38-18-5 - Registration fee.
- Section 38-18-5.1 - Apiary fund established--Purpose--Appropriations.
- Section 38-18-6 - Repealed.
- Section 38-18-7 - Repealed.
- Section 38-18-8 - Movable frames required in hives--Violation as misdemeanor.
- Section 38-18-9 - Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.
- Sections 38-18-25, 38-18-26 - Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter
Chapter 19 - Commercial Fertilizer
- Section 38-19-1 - Definition of terms.
- Section 38-19-10 - Inspection fee on fertilizer distributed in state--Rules.
- Section 38-19-11 - Repealed.
- Section 38-19-12 - Annual tonnage report required of licensees--Remittance of inspection fees.
- Section 38-19-13 - Repealed.
- Section 38-19-14 - Fertilizer fund--Administration--Expenditures.
- Section 38-19-15 - Labeling required for fertilizer sold in containers.
- Section 38-19-16 - Information to accompany bulk shipments--Fertilizer formulated under specificationsfurnished by consumer.
- Section 38-19-16.1 - Labeling requirements applied to sewage sludge distributor--Availability of analyses.
- Section 38-19-17 - Fertilizer deemed misbranded.
- Section 38-19-18 - Fertilizer deemed adulterated.
- Section 38-19-19 - Sale or distribution of adulterated or misbranded fertilizer as misdemeanor.
- Section 38-19-2 - Repealed.
- Section 38-19-2.1 - Commercial fertilizer distribution license required--Fee--Penalty for violation--Notice.
- Section 38-19-2.2 - Name and address required on application for distribution license and to appear onother materials of licensee.
- Section 38-19-20 - Repealed.
- Section 38-19-23.1 - Repealed.
- Section 38-19-24 - Intimate and uniform mixture required in custom mixing.
- Section 38-19-25 - Repealed.
- Section 38-19-26 - Guaranteed analysis of custom mix or fertilizer materials.
- Section 38-19-27 - Sales and exchanges to manufacturers and mixers exempt from requirements.
- Section 38-19-28 - Recommendation of grades of fertilizers for use in state--Publication ofrecommended lists.
- Section 38-19-29 - Repealed.
- Section 38-19-3 - Repealed.
- Section 38-19-30 - Inspection and sampling to determine compliance with chapter.
- Section 38-19-30.1 - Proof of claims required of licensed applicant or registrant--Sources of proof.
- Section 38-19-31 - Manner of drawing and sealing official samples--Forwarding to director oflaboratories.
- Section 38-19-32 - Examination of samples and reports by director of laboratories.
- Section 38-19-33 - Analytical methods used by director of laboratories.
- Section 38-19-34 - Publication of analyses--Dissemination of information.
- Section 38-19-35 - Annual publication of fertilizer data and analysis results--Separation by semiannualperiods.
- Section 38-19-36 - Rules and regulations for labeling, storage, and distribution.
- Section 38-19-36.1 - Rules for siting of ammonia, fertilizer, and fertilizer production facilities.
- Section 38-19-36.10 - Tampering defined.
- Section 38-19-36.4 - "Anhydrous ammonia" defined.
- Section 38-19-36.5 - Mishandling anhydrous ammonia or tampering with equipment and facilitiesprohibited--Violation as felony--Civil penalty.
- Section 38-19-36.6 - Action for damages against certain persons unavailable to person who tampers withequipment.
- Section 38-19-36.7 - Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia.
- Section 38-19-36.8 - Assumption of risk by person tampering with anhydrous ammonia--Immunity fromliability for owners.
- Section 38-19-36.9 - Owner of anhydrous ammonia defined.
- Section 38-19-37 - Secretary charged with enforcement--Access to property and records.
- Section 38-19-37.1 - Secretary to be given copies of labels and labeling.
- Section 38-19-38 - Stop-sale orders against fertilizer in violation.
- Section 38-19-39 - Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant.
- Section 38-19-4 - Repealed.
- Section 38-19-4.1 - Repealed.
- Section 38-19-40 - Injunction to prevent violations.
- Section 38-19-41 - Violation of chapter, rule or regulation as misdemeanor.
- Section 38-19-42 - Repealed.
- Section 38-19-43 - Discretion in prosecution of minor violations--Warning.
- Section 38-19-44 - Repealed.
- Section 38-19-45 - Severability of provisions.
- Section 38-19-46 - Promulgation of rules for transportation, use, application, disposal, or notice offertilizer application.
- Section 38-19-5 - Guaranteed analysis defined.
- Sections 38-19-21 to 38-19-23 - Repealed
- Sections 38-19-3.1, 38-19-3.2 - Repealed
- Sections 38-19-36.2, 38-19-36.3 - Operation of bulk commercial fertilizer storage facility without permit prohibited--Rules--Revocation of permit--Violation as misdemeanor. Civil penalty--Injunctive r
- Sections 38-19-6 to 38-19-9 - Repealed
Chapter 19A - Soil Amendments
- Section 38-19A-1 - Definition of terms.
- Section 38-19A-10 - Approval required for listing or guaranteeing of ingredients on labels--Supportivedata--Inspection and analysis--Quantities of ingredients required.
- Section 38-19A-11 - Annual tonnage statements required--Collection fee for late reports--Verification bysecretary--Inspection fees--Payment on tons or volume equivalents.
- Section 38-19A-12 - Failure to file, false filing, or failure to pay inspection fee as grounds for registrationrevocation.
- Section 38-19A-13 - Inspection and analysis of soil amendments by secretary--Entry upon premises orcarriers.
- Section 38-19A-14 - Refusal of registration if soil amendment violates chapter or rules--Cancellation forfraud or deceptive practices--Hearing before revocation.
- Section 38-19A-15 - Rules and regulations.
- Section 38-19A-16 - Violation of chapter as misdemeanor.
- Section 38-19A-17 - Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses.
- Section 38-19A-18 - Deposit of fees.
- Section 38-19A-2 - Distribution of adulterated soil amendments prohibited--Adulteration defined.
- Section 38-19A-3 - Distribution of misbranded soil amendments prohibited--Misbranding defined.
- Section 38-19A-4 - Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted.
- Section 38-19A-5 - Duplicate registration not required if labels do not differ.
- Section 38-19A-6 - Minimum ingredients required for registration of soil amendments.
- Section 38-19A-7 - Label required--Contents.
- Section 38-19A-8 - False or misleading statements, labeling, advertising, or oral claims prohibited.
- Section 38-19A-9 - Proof required of claims or usefulness and value--Evidence of proof.
Chapter 20 - Pest Control Activities
- Section 38-20-1 - Acceptance of federal acts--Suppression or control of predator and unprotected birdsand animals--Secretary of agriculture as state agency--Cooperation with Bureau ofSport Fisheries a
- Section 38-20-2 - Rodent control agreements with Fish and Wildlife Service--Employment ofassistance--Purchase of supplies and equipment.
- Section 38-20-32 - Acceptance of contributions for grasshopper control--Agreement with federalgovernment.
- Section 38-20-33 - Deposit of contributions in grasshopper control fund--Use of fund.
- Section 38-20-34 - Grasshoppers--Control and destruction--Agreements by department.
- Sections 38-20-3 to 38-20-5 - Repealed
- Sections 38-20-6 to 38-20-31 - Repealed
Chapter 20A - Pesticides
- Section 38-20A-1 - Definition of terms.
- Section 38-20A-10 - Registration of article in compliance.
- Section 38-20A-11 - Registration not a defense in criminal prosecutions.
- Section 38-20A-12 - Notice to applicant of deficiencies--Refusal of registration--Hearing.
- Section 38-20A-13 - Cancellation of registration--Hearing.
- Section 38-20A-14 - Repealed.
- Section 38-20A-15 - Unauthorized disclosure of confidential information as public offense.
- Section 38-20A-16 - Pesticide below professed standard deemed adulterated--Substitution and abstractionof valuable ingredients.
- Section 38-20A-17 - Repealed.
- Section 38-20A-17.1 - Misbranded pesticides.
- Section 38-20A-18 - Repealed.
- Section 38-20A-18.1 - Misbranded device.
- Section 38-20A-2 - Delegation of powers by secretary of agriculture.
- Section 38-20A-25 - Pesticide deemed misbranded if injurious when used as directed.
- Section 38-20A-26 - Sale or distribution of adulterated or misbranded article prohibited.
- Section 38-20A-27 - Sale of pesticide not registered or not conforming to registration prohibited--Changein labeling or formula.
- Section 38-20A-28 - Sale other than in authorized container prohibited--Label required.
- Section 38-20A-29 - Warning label and antidote statement required on highly toxic pesticides.
- Section 38-20A-3 - Declaration as pest of injurious plant, animal, or virus.
- Section 38-20A-30 - Repealed.
- Section 38-20A-31 - Carriers exempt from penalties--Access to records.
- Section 38-20A-32 - State and federal officials exempt from penalties.
- Section 38-20A-33 - Repealed.
- Section 38-20A-34 - Alteration or destruction of label as petty offense--Changing composition ofsubstance.
- Section 38-20A-35 - Exemption of articles packed for export--Provisions applicable if not exported.
- Section 38-20A-36 - Rules for administration of chapter--Scope.
- Section 38-20A-37 - Cooperation with other state and federal agencies in enforcement.
- Section 38-20A-38 - Regulations in conformity with federal standards--Hearing.
- Section 38-20A-39 - Inspection and sampling--Access to premises and records--Identification andexamination of samples.
- Section 38-20A-4 - Biennial registration required for sale or distribution of pesticide--Contents ofapplication--Fees.
- Section 38-20A-40 - Repealed.
- Section 38-20A-41 - Stop-sale order on pesticide or device in violation--Attachment to article--Notice--Effect of order.
- Section 38-20A-46 - Payment of costs and bond to permit relabeling or reprocessing of condemned article.
- Section 38-20A-49 - Notice to offender of contemplated criminal proceedings--Opportunity to presentviews--Reference to state's attorney.
- Section 38-20A-5 - Repealed.
- Section 38-20A-50 - Prosecution not required for minor violations.
- Section 38-20A-51 - Prosecution of reported violations.
- Section 38-20A-52 - Publication of judgments.
- Section 38-20A-53 - Citation of chapter.
- Section 38-20A-54 - Promulgation of rules to develop a waste pesticide collection, disposal, and containerrecycling program.
- Section 38-20A-55 - Establishment of advisory committee--Members--Duties.
- Section 38-20A-56 - Creation of pesticide recycling and disposal fund--Interest--Appropriation.
- Section 38-20A-57 - Acceptance of donations.
- Section 38-20A-58 - Establishment of public lands weed and pest fund--Interest--Expenditures.
- Section 38-20A-6 - Registration not required for interplant shipments.
- Section 38-20A-7 - Repealed.
- Section 38-20A-8 - Requiring submission of complete formula.
- Sections 38-20A-19 to 38-20A-24 - Repealed
- Sections 38-20A-42 to 38-20A-45 - Repealed
- Sections 38-20A-47, 38-20A-48 - Prohibited contracts void--Action on contract prohibited. Violation of chapter as misdemeanor
- Sections 38-20A-9, 38-20A-9.1 - Repealed
Chapter 21 - Agricultural Pesticide Application
- Section 38-21-14 - Definition of terms.
- Section 38-21-14.1 - Safety instruction for bean buggy or bean bar rides.
- Section 38-21-15 - Pesticide handling causing injury or pollution prohibited--Rules and regulations--Penalty for violation.
- Section 38-21-15.1 - Bulk pesticide storage facility permit--Approval of plans for construction andoperation--Revocation of permit--Operation without permit as misdemeanor.
- Section 38-21-15.2 - Operation without permit--Civil penalty, injunctive, or declaratory relief.
- Section 38-21-15.3 - Plans prepared by registered professional engineer not required nor prohibited.
- Section 38-21-16 - Reporting of pesticide accidents.
- Section 38-21-17 - Applicator's license required to apply pesticides--Annual fee--Exemption--Penaltyfor violation.
- Section 38-21-18 - Standards for certification of applicators.
- Section 38-21-19 - Repealed.
- Section 38-21-20 - Issuance of applicator's license to qualified applicants.
- Section 38-21-21 - Written explanation when license not issued.
- Section 38-21-22 - Restrictions on applicator's license.
- Section 38-21-23 - Certification required for private application of pesticide--Fee--Penalty for violation.
- Section 38-21-24 - Records required of private and commercial applicators.
- Section 38-21-25 - Repealed.
- Section 38-21-26 - Expiration of applicator's license.
- Section 38-21-33 - Classes of certifications and licenses.
- Section 38-21-33.1 - Unlicensed operation as pesticide dealer as misdemeanor--Biennial expiration--Additional penalty for violation.
- Section 38-21-33.2 - Exemption for physicians, veterinarians and pharmacists making minimum sales.
- Section 38-21-33.3 - Exemption for pesticide applicators and government agencies.
- Section 38-21-33.4 - Dealer's license required for each outlet--License for distribution from out-of-stateoutlet--Transitory locations prohibited.
- Section 38-21-33.5 - Dealers' license fees--Form of application.
- Section 38-21-33.6 - Denial, suspension, or revocation of dealer's license--Hearing.
- Section 38-21-33.7 - Repealed.
- Section 38-21-33.8 - Exemption from purchasing poison license and maintaining poison register.
- Section 38-21-34 - One license fee only.
- Section 38-21-35 - Veterinarians exempt in normal course of practice.
- Section 38-21-36 - Research applications under laboratory conditions exempt.
- Section 38-21-37 - Application without compensation exempt.
- Section 38-21-38 - Personal farm use exempt.
- Section 38-21-39 - Restricted-use pesticide classifications.
- Section 38-21-39.1 - Unlicensed sale of restricted-use pesticide as misdemeanor--Additional penalty forviolation.
- Section 38-21-39.2 - Sale of restricted-use pesticide to unlicensed person by licensed dealer asmisdemeanor--Additional penalty for violation.
- Section 38-21-39.3 - Uncertified buying of restricted-use pesticide as misdemeanor--Additional penaltyfor violation.
- Section 38-21-42 - Renewal of license or certification without examination--Exceptions.
- Section 38-21-43 - Penalty for late renewal.
- Section 38-21-44 - Suspension, denial, revocation, or modification of license or certification--Grounds--Penalty for violation--Action against violator.
- Section 38-21-45 - Liability for pesticide damage unaffected by chapter.
- Section 38-21-46 - Damage claims--Filing with secretary--Time.
- Section 38-21-47 - Notice of receipt of damage claim--Copies furnished--Inspection of damages--Determination of merit.
- Section 38-21-48 - Observation of claimed damage to be permitted.
- Section 38-21-49 - Failure to file damage statement not a violation--Refusal to hold suspension orrevocation hearing when statement not filed.
- Section 38-21-50 - Repealed.
- Section 38-21-50.1 - Application without license as misdemeanor--Additional penalty for violation.
- Section 38-21-50.2 - Damages to person injured not lessened.
- Section 38-21-51 - Administration and enforcement of chapter--Regulations.
- Section 38-21-52 - Cooperation and agreements with other agencies and governmental units.
- Section 38-21-53 - Entry and inspection of premises by secretary.
- Section 38-21-54 - Search warrant when access denied.
- Section 38-21-55 - Injunction of violations.
- Section 38-21-56 - Promulgation of rules for notification of pesticide application.
- Sections 38-21-1 to 38-21-13 - Repealed
- Sections 38-21-27 to 38-21-32 - Repealed
- Sections 38-21-40, 38-21-41 - Certification required for use of restricted-use pesticides--Restrictions--Criteria--Penalty for violation. Reciprocal waiver of examinations
Chapter 22 - Weed And Pest Control
- Section 38-22-1 - Superseded.
- Section 38-22-1.1 - Administration of commission under department supervision--Independent functionsretained by commission.
- Section 38-22-1.2 - Definitions.
- Section 38-22-1.3 - State Weed and Pest Control Commission abolished.
- Section 38-22-1.4 - South Dakota Weed and Pest Control Commission established.
- Section 38-22-1.5 - Composition of commission.
- Section 38-22-1.6 - Nomination of appointive members of commission--Areas represented--Length ofterms.
- Section 38-22-1.7 - Functions of commission.
- Section 38-22-1.8 - End of current terms--Commencement of new terms--Term limits.
- Section 38-22-11 - Enforcement of commission rules, regulations, processes, subpoenas, and orders.
- Section 38-22-11.1 - Promulgation of rules.
- Section 38-22-12 - Administration of state weed and pest program.
- Section 38-22-13 - Moving agricultural machinery without cleaning as misdemeanor.
- Section 38-22-14 - Repealed.
- Section 38-22-15 - Repealed.
- Section 38-22-16 - Infested land declared public nuisance--Protective operations by secretary.
- Section 38-22-16.1 - Weeds or pests in any amount considered infestation.
- Section 38-22-16.2 - Property owner who allows spread of infestation of noxious weeds or mountain pinebeetle responsible for remedy.
- Section 38-22-17 - Notice to owner of infested land--Service--Contents.
- Section 38-22-17.1 - Noncompliance with orders as misdemeanor.
- Section 38-22-17.2 - Intervention on federal land by State Weed and Pest Control Commission.
- Section 38-22-18 - Service of notice on nonresident owner of infested land.
- Section 38-22-19 - Police powers of state personnel in enforcement of chapter.
- Section 38-22-20 - Entry by state personnel not deemed trespass--Crop damage not assessed.
- Section 38-22-21 - Certification to county auditor of cost of protective operations on infested land--Collection as taxes.
- Section 38-22-22 - Responsibility for cost of operations on publicly owned land.
- Section 38-22-22.1 - Responsibility for weed and pest control.
- Section 38-22-23 - Repealed.
- Section 38-22-23.1 - Meeting to appoint or provide for election of county weed and pest board--Notice.
- Section 38-22-23.10 - Duties of board.
- Section 38-22-23.11 - Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor.
- Section 38-22-23.12 - Investigation of suspected land--Notice required for entry.
- Section 38-22-23.13 - Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution.
- Section 38-22-23.14 - Remedial action by board on owner's failure--Certification of expenses--Collection.
- Section 38-22-23.15 - Responsibility for control costs on state lands.
- Section 38-22-23.16 - Penalty for failure to reimburse board for requested operations.
- Section 38-22-23.17 - Civil penalty for continued failure to perform minimum remedial requirements.
- Section 38-22-23.2 - Members of county weed and pest board--Number--Terms--Qualifications.
- Section 38-22-23.3 - Time for selecting board.
- Section 38-22-23.4 - Subsequent appointment or election of weed board.
- Section 38-22-23.5 - Board member to be appointed or elected from first or second class municipality.
- Section 38-22-23.8 - Compensation and expense allowances of board members.
- Section 38-22-23.9 - Powers of board.
- Section 38-22-24 - Expenditure of county funds.
- Section 38-22-25 - Repealed.
- Section 38-22-26 - Organization for weed and pest control prerequisite to appropriation.
- Section 38-22-27 - Repealed.
- Section 38-22-28 - Repealed.
- Section 38-22-29 - Repealed.
- Section 38-22-30 - Prosecution of violations--Collection and disposition of forfeitures and fines.
- Section 38-22-31 - Prosecutions under drug laws not precluded.
- Section 38-22-32 - Department assisting boards--Agreements with federal agencies--Employment andpurchases authorized.
- Section 38-22-33 - Transportation of plant products containing weed seed as misdemeanor.
- Section 38-22-34 - Levy for weed and pest control programs in community--Administration by board.
- Section 38-22-35 - Weed and pest control fund.
- Section 38-22-36 - Funds for weed and pest control fund.
- Section 38-22-37 - Repealed.
- Section 38-22-4 - Repealed.
- Section 38-22-5 - Meetings of commission--Election and terms of officers.
- Section 38-22-6 - Appointment of state weed and pest coordinator.
- Section 38-22-7 - Formulation of weed and pest program.
- Section 38-22-8 - Cooperation with other state agencies--Functions of experiment station and extensionservice.
- Section 38-22-9 - Determination and publication of lists of state weeds and pests.
- Sections 38-22-2, 38-22-3 - Obsolete
- Sections 38-22-23.6, 38-22-23.7 - Removal of board members. Initial officers of board--Election
- Sections 38-22-9.1, 38-22-10 - Repealed
Chapter 23 - Horticulture
- Section 38-23-1 - Collection and dissemination of horticultural information--Promotional activities.
- Section 38-23-1.1 - Department abolished--Performance of functions.
Chapter 24 - Nursery Stock And Plant-Pest Control [Repealed]
Chapter 24A - Plant Quarantine And Treatment
- Section 38-24A-1 - Definition of terms.
- Section 38-24A-10 - Movements contrary to quarantine rules prohibited.
- Section 38-24A-11 - Quarantine violation as misdemeanor.
- Section 38-24A-12 - Seizure and treatment or disposal of infested articles--Notice to owner.
- Section 38-24A-12.1 - Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land.
- Section 38-24A-13 - Public notice of large-scale treatment operations.
- Section 38-24A-14 - Inspection powers of secretary--Notice.
- Section 38-24A-15 - Issuance of search warrants.
- Section 38-24A-16 - Compensation for uninfested articles destroyed.
- Section 38-24A-17 - Violation as misdemeanor--Civil liability for damages.
- Section 38-24A-18 - Severability of provisions.
- Section 38-24A-19 - Citation of chapter--Additional to other powers.
- Section 38-24A-2 - Administration by secretary--Delegation of authority--Rules and regulations.
- Section 38-24A-20 - Special certificates on plants for export.
- Section 38-24A-3 - Suppression and control activities authorized.
- Section 38-24A-4 - Cooperation with other agencies--Expenditure of funds.
- Section 38-24A-5 - Interstate cooperation in control activities.
- Section 38-24A-6 - Quarantines and embargoes authorized.
- Section 38-24A-7 - Limitation of quarantined area--Extension.
- Section 38-24A-8 - Repealed.
- Section 38-24A-9 - Scope of rules relating to regulated area--Publication of notice.
- Section 38-24A-9.1 - Emergency quarantine measures--Public hearing--Notice--Duration of emergencymeasures--When chapter 1-26 becomes applicable.
Chapter 24B - Nursery Stock And Plant Pest Control
- Section 38-24B-1 - Definitions.
- Section 38-24B-10 - Inspection and certification sales by nonprofit organizations--Violations asmisdemeanors.
- Section 38-24B-11 - Nursery stock for which issuance of certificate prohibited.
- Section 38-24B-12 - Growers and dealers--Certificate of inspection--Fees.
- Section 38-24B-13 - Revocation of certificate--Hearing--Notice--Temporary cease and desist order.
- Section 38-24B-14 - Term of certificate.
- Section 38-24B-15 - Importation of plants--Certificate or copy to be attached--Violation as misdemeanor.
- Section 38-24B-16 - Accepting plants for shipment without certificate prohibited--Carrier to reportimported plants without indicia of inspection--Quarantine--Disposition--Violationas misdemeanor.
- Section 38-24B-17 - Inspection of nurseries, places of possible pest infestation and nursery stock--Hindering as misdemeanor.
- Section 38-24B-18 - Withholding certificate where pests discovered--Prohibiting distribution of infestedor defective stock.
- Section 38-24B-19 - Finding of pest infestation--Notice--Orders to prevent spread and to treat or destroyplant material--Notice of orders--Violation as misdemeanor.
- Section 38-24B-2 - Promulgation of rules.
- Section 38-24B-20 - Treatment or destruction by secretary on failure of owner--Strict liability for costs--Assessment, collection, and disposition.
- Section 38-24B-21 - Damages for loss of infested or defective stock prohibited.
- Section 38-24B-22 - Seller to furnish documents showing point of origin of stock--Violation asmisdemeanor.
- Section 38-24B-23 - Seller of infested stock to furnish names and addresses of buyers--Violation asmisdemeanor.
- Section 38-24B-24 - Use of information.
- Section 38-24B-25 - Agreements for certification of out-of-state and foreign nurserymen.
- Section 38-24B-26 - Shipments of stock received from foreign country--Notice--Quarantine.
- Section 38-24B-29 - Violations of chapter--Revocation of certificate--Liability for damages.
- Section 38-24B-3 - Pests as public nuisances--Permitting existence of pests prohibited--Distributinginfested plant products prohibited--Violation as misdemeanor.
- Section 38-24B-4 - Misrepresentation of nursery stock and plants offered for distribution--Violation asmisdemeanor.
- Section 38-24B-5 - Inspection and certificate required for distribution--Violation as misdemeanor.
- Section 38-24B-6 - Application for inspection--Time required--Additional charges for noncompliance.
- Section 38-24B-7 - Certificate of inspection--Issuance--Fee.
- Section 38-24B-8 - Separate certificate for each sale location--Display--Violation as misdemeanor.
- Section 38-24B-9 - Certificate for out-of-state nurseryman--Fee--Waiver.
- Sections 38-24B-27, 38-24B-28 - Repealed
Chapter 25 - Forestry [Transferred]
Chapter 26 - Forest Insect And Disease Control [Transferred]
Chapter 27 - Oilseeds Council And Assessments
- Section 38-27-1 - Definition of terms.
- Section 38-27-10 - Repealed.
- Section 38-27-11 - Assessment on sunflowers, safflowers, canola, and flax grown or sold--Rate.
- Section 38-27-12 - Collection of assessment by deduction from purchase price.
- Section 38-27-13 - Filing by first purchaser required.
- Section 38-27-14 - Records and reports--Remittance of assessment.
- Section 38-27-15 - Enforcing collection of assessment.
- Section 38-27-16 - Refunds--Applications.
- Section 38-27-17 - Council to provide refund information.
- Section 38-27-18 - Repealed.
- Section 38-27-2 - Oilseeds council established--Composition.
- Section 38-27-3 - Necessity, purposes, and objectives for council.
- Section 38-27-4 - Terms of members--Vacancies.
- Section 38-27-5 - Officers--Quorum--Meetings.
- Section 38-27-6 - Compensation of members.
- Section 38-27-7 - Oilseeds fund--Expenditures.
- Section 38-27-8 - Powers of council.
- Section 38-27-8.1 - Promulgation of rules.
- Section 38-27-9 - Supplementary nature of chapter--Agriculture department and other agency functionsnot limited.
Chapter 28 - Agricultural Grain Marketing [Repealed]
Chapter 29 - Soybean Research And Promotion Council
- Section 38-29-1 - Definitions.
- Section 38-29-10 - Application by first purchaser required.
- Section 38-29-11 - Records and reports--Remittance of assessment.
- Section 38-29-11.1 - Enforcement against first purchaser failing to remit assessments.
- Section 38-29-12 - Repealed.
- Section 38-29-13 - Information and instructions to be disseminated by council.
- Section 38-29-2 - Soybean Research and Promotion Council--Establishment--Members--Terms.
- Section 38-29-3 - Election of members.
- Section 38-29-4 - Vacancies--Appointments to fill.
- Section 38-29-5 - Officers--Quorum--Meetings.
- Section 38-29-6 - Checkoff fees deposited into special fund--Appropriation--Expenditures.
- Section 38-29-7 - Powers of council.
- Section 38-29-7.1 - Promulgation of rules.
- Section 38-29-8 - Assessment on soybeans grown in state or sold to first purchaser within state--Rate--Exemption for organic soybeans.
- Section 38-29-9 - Collection of assessment.
- Section 38-29-9.1 - Assessment conditioned on repeal of National Soybean Promotion, Research, andConsumer Information Act.
Chapter 30 - Honey Industry Commission [Repealed]
Chapter 31 - Devices For Measuring Moisture And Protein Content
- Section 38-31-1 - Definition of terms.
- Section 38-31-2 - Inspection of moisture-measuring and protein-measuring devices.
- Section 38-31-3 - Marking of inspected devices--When seal on defective device may be removed--Notice to owner or user of defective device.
- Section 38-31-4 - Rejection of device on reinspection--Sealing--Use prohibited until repair andreinspection.
- Section 38-31-5 - Inspection fee.
- Section 38-31-6 - Location of certain devices--Display of procedure.
- Section 38-31-7 - Disposition of fees.
- Section 38-31-8 - Use of device found to be defective prohibited--Violation as misdemeanor.
Chapter 32 - Corn Utilization Council
- Section 38-32-1 - Definitions.
- Section 38-32-10 - Vacancies.
- Section 38-32-11 - President and officers--Quorum--Calling of meetings.
- Section 38-32-12 - Deposit of funds--Appropriation--Expenditures.
- Section 38-32-13 - Powers of council.
- Section 38-32-14 - Promulgation of rules.
- Section 38-32-15 - Assessment on corn marketed to first purchaser within state.
- Section 38-32-16 - Deduction of assessment from purchase price.
- Section 38-32-17 - Application to be filed by first purchaser--Contents.
- Section 38-32-18 - First purchaser to keep record of corn purchases--Examination by council--Report tocouncil and remittance of assessment--Rules.
- Section 38-32-19 - Enforcement of collection.
- Section 38-32-2 - Corn utilization council established--Composition--Election--Secretary.
- Section 38-32-20 - Refund to grower--Application--When refund made.
- Section 38-32-21 - Development and dissemination of information by council--Cooperation withagencies and businesses.
- Section 38-32-22 - Compensation and expenses for corn utilization council.
- Section 38-32-23 - Nomination of directors by petition--Certification--Ballot position.
- Section 38-32-3 - Repealed.
- Section 38-32-3.1 - Election procedure when director's term is to expire--Polling location--No electionif only one nominee.
- Section 38-32-3.2 - Absentee voting.
- Section 38-32-3.3 - Voting eligibility of participating growers--Affidavit.
- Section 38-32-6 - Notice of subsequent elections.
- Section 38-32-6.1 - Notice of pending expiration of term--Time--Required information.
- Section 38-32-7 - Receipt of highest number of votes by winning candidate--Terms of directors.
- Section 38-32-8 - Administration of subsequent election--Election judges--Ballot security--Certification.
- Section 38-32-9 - Districts from which directors elected.
- Section 38-32-9.1 - Assignment of directors during transition.
- Sections 38-32-4, 38-32-5 - Repealed
Chapter 33 - Pork Commission
- Section 38-33-1 - Definitions.
- Section 38-33-10 - Application for refund.
- Section 38-33-11 - Dissemination of information.
- Section 38-33-2 - South Dakota Pork Commission established--Members--Terms of office--Elections--Meetings.
- Section 38-33-3 - Filling of vacancies on commission.
- Section 38-33-4 - Election of officers--Quorum--Calling meetings.
- Section 38-33-5 - Powers of commission.
- Section 38-33-6 - Promulgation of rules.
- Section 38-33-7 - Assessment--Collection--Deposit.
- Section 38-33-8 - Records--Reports and remittances.
- Section 38-33-9 - Appeal and enforcement.