State Codes and Statutes

Statutes > South-dakota > Title-38 > Chapter-19a > Statute-38-19a-1

38-19A-1. Definition of terms. Terms as used in this chapter, unless the context otherwise requires, shall mean:
(1) "Brand," any trademark, product name, or other specific designation under which any individual soil amendment is offered for sale;
(2) "Bulk," nonpackaged form;
(3) "Distributing," importing, consigning, manufacturing, producing, compounding, mixing or blending any soil amendment, or offering for sale, selling, bartering, or otherwise supplying any soil amendment in this state;
(4) "Distributor," any person who distributes any soil amendment in this state;
(5) "Investigational allowance," any allowance for variations inherent in the taking, preparation and analysis of an official sample of a soil amendment;
(6) "Label," any display of all written, printed, or graphic matter upon the immediate container or statement accompanying a soil amendment;
(7) "Labeling," any written, printed, or graphic matter, upon or accompanying any soil amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of such soil amendment;
(8) "Minimum percentage," that percentage of soil amendment ingredient that shall be present in a product before the product may be accepted for registration when distributed in any form or manner;
(9) "Official sample," any sample of a soil amendment taken by the secretary and so designated;
(10) "Percent," percentage by weight;
(11) "Registrant," any person who shall register any soil amendments under the provisions of this chapter;
(12) "Secretary," the secretary of the Department of Agriculture of the State of South Dakota;
(13) "Soil amending ingredient," any substance which will improve the physical, chemical, or other characteristic of the soil or improve crop production;
(14) "Soil amendment," any substance which is intended to improve the physical, chemical, or other characteristics of the soil or improve crop production, except the following: commercial fertilizer, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, lime or lime sludge produced by a water treatment facility, sewage sludge, as defined in § 38-19-1, and compost as defined in § 38-19-1;
(15) "Soil ingredient form," any ingredient or the chemical compound of an ingredient;
(16) "Ton," two thousand pounds avoirdupois net weight;
(17) "Weight," the weight of that material offered for sale.

Source: SL 1976, ch 244, § 1; SL 1995, ch 324, § 5.