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Rule 12:51 PLANT QUARANTINE

ARTICLE 12:51

PLANT QUARANTINE

Chapter

12:51:01             General provisions.

12:51:02             Regulated areas.

12:51:03             Regulated pests.

12:51:04             Regulated articles.

12:51:05             Exempted articles.

12:51:06             Prohibited acts.

12:51:07             Treatment and disposition.

12:51:08             Movement of regulated articles.

12:51:09             Inspection and certification.


Rule 12:51:01 GENERAL PROVISIONS

CHAPTER 12:51:01

GENERAL PROVISIONS

Section

12:51:01:01        Definitions.


Rule 12:51:01:01 Definitions.

          12:51:01:01.  Definitions. Terms defined in SDCL 38-24A-1 have the same meaning in this article. In addition, the following terms mean:

          (1)  "Certified forage products," hay, straw, stover, or mulch that has been officially inspected prior to harvest and has been found free of viable seeds and other propagative plant parts of plants on the nonnative plant species list in § 12:51:03:01;

          (2)  "Conveyances," containers used to move regulated articles, including trucks, railroad cars, bins, and hoppers;

          (3)  "Department," the South Dakota Department of Agriculture;

          (4)  "Exposed," infested or having a high potential of being infested with seeds or propagative parts of any one of the nonnative plant species specified in § 12:51:03:01;

          (5)  "Farm tools," instruments for farming that are worked or used by hand, including hoes, rakes, shovels, and axes;

          (6)  "Interstate," movement from any state into the state of South Dakota;

          (7)  "Intrastate," movement within the state of South Dakota;

          (8)  "Karnal bunt," a plant disease caused by the fungus Tilletiaindica (Mitra) Mundkur;

          (9)  "Mechanized cultivating equipment and mechanized harvesting equipment," mechanized equipment and attachments used for soil tillage and harvesting purposes, including tractors, disks, plows, harrows, planters, subsoilers, combines, harvesters, and balers;

          (10)  "Milling products and byproducts," products resulting from processing activities, including plant products, animal feed and waste, and debris;

          (11)  "Movement," the act of shipping, transporting, delivering, or receiving something for movement, or otherwise aiding, abetting, inducing or causing something to be moved;

          (12)  "Person," any association, company, corporation, firm, individual, joint stock company, partnership, society, or other legal entity;

          (13)  "Processed forage products," hay, straw, stover, or mulch that has been pelletized or treated in a fashion that destroys the viability of seeds and other propagative plant parts of the nonnative plant species specified in § 12:51:03:01;

          (14)  "Quarry products," organic or inorganic products, including sand, gravel, finely divided rock, and soil formation materials, excavated from a source usually below the surface of the earth;

          (15)  "Secretary," the secretary of the South Dakota Department of Agriculture or a designated agent;

          (16)  "Soil," the part of the upper layer of earth in which plants grow;

          (17)  "Soil-moving equipment," equipment used for moving or transporting soil, including bulldozers, dump trucks, and road scrapers.

          Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-1, 38-24A-9.


Rule 12:51:02 REGULATED AREAS

CHAPTER 12:51:02

REGULATED AREAS

Section

12:51:02:01        Area under regulation.

12:51:02:02        Areas subject to Karnal bunt quarantine.

12:51:02:03        Quarantine of uninfested areas for Karnal bunt.

12:51:02:04        Federal Karnal bunt regulated areas.


Rule 12:51:02:01 Area under regulation.

          12:51:02:01.  Area under regulation. The area regulated for nonnative plant species is the state of South Dakota.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-7.


Rule 12:51:02:02 Areas subject to Karnal bunt quarantine.

          12:51:02:02.  Areas subject to Karnal bunt quarantine. The secretary shall quarantine this state or each portion of this state that is infested with Karnal bunt. Less than the entire state may be designated as a Karnal bunt quarantine area only if the secretary determines that designating less than the entire state as a quarantine area will prevent the spread of Karnal bunt.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-7.


Rule 12:51:02:03 Quarantine of uninfested areas for Karnal bunt.

          12:51:02:03.  Quarantine of uninfested areas for Karnal bunt. The secretary may include uninfested acreage with a Karnal bunt quarantine area because of its proximity to an infestation or inseparability from the infected locality for quarantine purposes as determined by the following:

          (1)  Projections of the spread of Karnal bunt along the periphery of the infestation;

          (2)  The availability of natural habitats and host materials within the uninfested acreage that are suitable for establishment and survival of Karnal bunt; and

          (3)  The necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-7.


Rule 12:51:02:04 Federal Karnal bunt regulated areas.

          12:51:02:04.  Federal Karnal bunt regulated areas. The areas designated by the federal government as Karnal bunt regulated areas are those areas listed in 7 C.F.R. § 301.89-3, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004).

          Source: 23 SDR 16, effective August 5, 1996; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-7.


Rule 12:51:03 REGULATED PESTS

CHAPTER 12:51:03

REGULATED PESTS

Section

12:51:03:01        Regulated nonnative plant species.

12:51:03:02        Regulated plant diseases.


Rule 12:51:03:01 Regulated nonnative plant species.

          12:51:03:01.  Regulated nonnative plant species. The following nonnative plant species, including all plants, plant parts, and seeds capable of propagation, are regulated plant species under SDCL 38-24A-6:

          (1)  Canada thistle (Cirsiumarvensis);

          (2)  Common crupina (Crupinavulgaris);

          (3)  Dalmation toadflax (Linariadalmatica);

          (4)  Diffuse knapweed (Centaureadiffusa);

          (5)  Dodder (Cuscutaspp.);

          (6)  Eurasian water milfoil (Myriophyllumspicatum);

          (7)  Field bindweed (Convolvulus arvensis);

          (8)  Hoary cress (Cardariadraba);

          (9)  Johnsongrass (Sorghum halepense);

          (10)  Leafy spurge (Euphorbia esula and E. pseudovirgata);

          (11)  Multiflora rose (Rosa multifloral);

          (12)  Musk thistle (Carduusnutans);

          (13)  Perennial pepperweed (Lepidiumlatifolium);

          (14)  Perennial sowthistle (Sonchusarvensis);

          (15)  Plumeless thistle (Carduusacanthoides);

          (16)  Purple loosestrife (Lythrumsalicaria and L. virgatum);

          (17)  Rush skeletonweed (Chondrillajuncea);

          (18)  Russian knapweed (Centaurearepens);

          (19)  Spotted knapweed (Centaureamaculosa);

          (20)  St. Johnswort (Hypericumperforatum);

          (21)  Yellow starthistle (Centaureasolstitialis); and

          (22)  Yellow toadflax (Linariavulgaris).

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-9.


Rule 12:51:03:02 Regulated plant diseases.

          12:51:03:02.  Regulated plant diseases.Karnal bunt (Tilletiaindica) is a regulated plant disease under SDCL 38-24A-6.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-9.


Rule 12:51:04 REGULATED ARTICLES

CHAPTER 12:51:04

REGULATED ARTICLES

Section

12:51:04:01        Untreated soil and quarry materials.

12:51:04:02        Used and uncleaned equipment.

12:51:04:03        Unprocessed and noncertified forage products.

12:51:04:04        Untreated compost, manure, humus, and plant media.

12:51:04:05        Articles originating from areas infested with Karnal bunt.

12:51:04:06        Articles subject to Karnal bunt embargo.


Rule 12:51:04:01 Untreated soil and quarry materials.

          12:51:04:01.  Untreated soil and quarry products. Untreated soil, subsoil, and quarry products that have been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-9.


Rule 12:51:04:02 Used and uncleaned equipment.

          12:51:04:02.  Used and uncleaned equipment. Used and uncleaned equipment, including cultivating equipment, soil moving equipment, harvesting equipment, grain cleaning equipment, and seeding equipment, that has been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

 

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-9.

 


Rule 12:51:04:03 Unprocessed and noncertified forage products.

          12:51:04:03.  Unprocessed and noncertified forage products. Unprocessed and noncertified forage products, including hay, straw, stover, and mulch, that have been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

 

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-9.

 


Rule 12:51:04:04 Untreated compost, manure, humus, and plant media.

          12:51:04:04.  Untreated compost, manure, humus, and plant media. Untreated compost, manure, humus, and artificial plant growth media that have been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles.

 

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-9.

 


Rule 12:51:04:05 Articles originating from areas infested with Karnal bunt.

          12:51:04:05.  Articles originating from areas infested with Karnal bunt. The following articles originating from quarantined areas infested with Karnal bunt declared pursuant to §§ 12:51:02:02 to 12:51:02:04, inclusive, are regulated articles:

 

          (1)  Conveyances, including trucks, railroad cars, and other containers used to move wheat, durum wheat, or triticale;

          (2)  Grain elevators, equipment, and structures used for storing and handling wheat, durum wheat, or triticale;

          (3)  Milling products or byproducts from processing wheat, durum wheat, or triticale;

          (4)  Plants or plant parts, including grain, seed, or straw of all varieties of the following species:

 

               (a)  Wheat (Triticum aestivum);

               (b)  Durum wheat (Triticum durum); and

               (c)  Triticale (Triticum aestivum X Secale cereale);

 

          (5)  Root crops with soil;

          (6)  Soil from areas where field crops are produced;

          (7)  Manure from animals that have fed on wheat, durum wheat, or triticale;

          (8)  Used bags, sacks, and containers;

          (9)  Used farm tools;

          (10)  Used mechanized cultivating equipment;

          (11)  Used mechanized harvesting equipment;

          (12)  Used seed conditioning equipment;

          (13)  Used mechanized soil-moving equipment; and

          (14)  Any other product, article, or means of conveyance that the secretary determines presents a risk of spreading Karnal bunt by its proximity to an infestation of Karnal bunt; and the person in possession of the product, article, or means of conveyance has been notified that it is regulated under this chapter.

 

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-9.

 


Rule 12:51:04:06 Articles subject to Karnal bunt embargo.

          12:51:04:06.  Articles subject to Karnal bunt embargo. Regulated articles listed in § 12:51:04:05 that originate from regulated areas listed in 7 C.F.R. § 301.89-3, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004), are embargoed.

 

          Source: 23 SDR 16, effective August 5, 1996; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-7.

 


Rule 12:51:05 EXEMPTED ARTICLES

CHAPTER 12:51:05

EXEMPTED ARTICLES

Section

12:51:05:01        Permitted collections.

12:51:05:02        Educational specimens.

12:51:05:03        Business agreements.


Rule 12:51:05:01 Permitted collections.

          12:51:05:01.  Permitted collections. Nonnative plant species listed in § 12:51:03:01 may be collected or grown under a permit issued by the secretary for use as herbariums or for research in control methods.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-9.


Rule 12:51:05:02 Educational specimens.

          12:51:05:02.  Educational specimens. Nonnative plant species listed in § 12:51:03:01 may be collected without a permit for the creation of specimens for educational purposes if the methods used to collect specimens ensure that no infestation is created.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-9.


Rule 12:51:05:03 Business agreements.

          12:51:05:03.  Business agreements. The department may enter into written agreements with persons engaged in the growing, transportation, handling, or processing of regulated articles that require the persons to maintain safeguards against the establishment and spread of the nonnative plant species listed in § 12:51:03:01. The agreements shall prescribe compliance with any conditions that may be required by the secretary as to the handling and movement of regulated articles into or within the regulated area and as to the cleaning and treatment of conveyances and containers used in the transportation of such articles.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-3, 38-24A-9.


Rule 12:51:06 PROHIBITED ACTS

CHAPTER 12:51:06

PROHIBITED ACTS

Section

12:51:06:01        Nonnative plant species.

12:51:06:02        Regulated articles.

12:51:06:03        Karnal bunt quarantine.


Rule 12:51:06:01 Nonnative plant species.

          12:51:06:01.  Nonnative plant species. A person may not bring into or transplant, buy, sell, offer for sale, or disseminate within South Dakota any plants, plant parts, or seeds of a plant species or hybrid cross of a plant species listed in § 12:51:03:01.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-10.


Rule 12:51:06:02 Regulated articles.

          12:51:06:02.  Regulated articles. A person may not transport, buy, sell, or offer for sale within the regulated area any regulated articles exposed to any of the nonnative plant species listed in § 12:51:03:01.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-10.


Rule 12:51:06:03 Karnal bunt quarantine.

          12:51:06:03.  Karnal bunt quarantine. Pursuant to §§ 12:51:02:02 to 12:51:02:04, inclusive, a person may not transport, buy, sell, or offer for sale in this state in a manner contrary to chapters 12:51:07 to 12:51:09, inclusive, any regulated article described in § 12:51:04:05 and may not move any such regulated article within, from, into, or through this state contrary to chapters 12:51:07 to 12:51:09, inclusive.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-10.


Rule 12:51:07 TREATMENT AND DISPOSITION

CHAPTER 12:51:07

TREATMENT AND DISPOSITION

Section

12:51:07:01        Treatment of equipment.

12:51:07:02        Treatment of other regulated articles.

12:51:07:03        Disposal of infested material.

12:51:07:04        Disposition of articles in violation.


Rule 12:51:07:01 Treatment of equipment.

          12:51:07:01.  Treatment of equipment. Regulated equipment specified in § 12:51:04:02 must be cleaned and free of soil, plant parts, seeds, and physical debris prior to movement into or within South Dakota. At a minimum, regulated equipment must be cleaned using the following procedures as applicable:

          (1)  Clean the crop tank;

          (2)  Open separation equipment and fan completely;

          (3)  Open all traps and remove all debris;

          (4)  Remove all soil and physical debris from all accessible areas; and

          (5)  Operate mechanized equipment empty with all functions engaged at operational revolutions per minute for five minutes.

          The secretary may order steam cleaning, pressure washing, or the use of forced air to treat regulated equipment.

          Source: 19 SDR 32, effective September 8, 1992.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-12.


Rule 12:51:07:02 Treatment of other regulated articles.

          12:51:07:02.  Treatment of other regulated articles. Treatment of regulated articles specified in §§ 12:51:04:01, 12:51:04:03, 12:51:04:04, 12:51:04:05, and 12:51:04:06 includes fumigation treatment, heat treatment, mechanical treatment, chemical treatment, removal of infested material, or other measures as ordered by the secretary.

          Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-12.


Rule 12:51:07:03 Disposal of infested material.

          12:51:07:03.  Disposal of infested material. Weed seeds, plant parts, soil, and other debris collected when treating regulated articles must be disposed of in a manner that prevents dissemination of the regulated pests listed in chapter 12:51:03. The secretary may order the use of specific means of disposal of infested material in individual cases.

          Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-12.


Rule 12:51:07:04 Disposition of articles in violation.

          12:51:07:04.  Disposition of articles in violation.Regulated plants or articles in violation of § 12:51:06:01, 12:51:06:02, or 12:51:06:03.must be returned to the point of origin, destroyed, or, if possible, treated in a manner prescribed in § 12:51:07:01, 12:51:07:02, or 12:51:07:03. Until disposition is determined by the secretary, all articles must be transported, stored, or held in a manner that prevents possible spread of infestation. All costs of treatment, return to shipper, or destruction must be borne by the owner.

          Source: 19 SDR 32, effective September 8, 1992; 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-12, 38-24A-12.1.


Rule 12:51:08 MOVEMENT OF REGULATED ARTICLES

CHAPTER 12:51:08

MOVEMENT OF REGULATED ARTICLES

Section

12:51:08:01        Movement of regulated articles from Karnal bunt infested areas.


Rule 12:51:08:01 Movement of regulated articles from Karnal bunt infested areas.

          12:51:08:01.  Movement of regulated articles from Karnal bunt infested areas. A regulated article may be moved from an area infested with Karnal bunt into, through, or within this state only under the following conditions:

          (1)  With a certificate or limited permit issued and attached in accordance with 7 C.F.R. § 301.89-6 and 301.89-10, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004);

          (2)  With a certificate or permit issued in accordance with §§ 12:51:09:02 and 12:51:09:03 by the state plant regulatory official in the state of origin and attached in accordance with § 12:51:09:04;

          (3)  Without a certificate or permit, if the following conditions are met:

               (a)  The regulated article was moved into the regulated area from an area that is not infested;

               (b)  The point of origin is indicated on the waybill accompanying the regulated article;

               (c)  The regulated article is moved through the infested area without stopping; has been stored, packed, or handled at locations approved by the secretary as not posing a risk of contamination with Karnal bunt; or has been treated in accordance with the methods and procedures prescribed in 7 C.F.R. § 301.89-13, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004), while in or moving through any infested area; and

               (d)  The article has not been combined or commingled with other articles so as to lose its individual identity; or

          (4)  Without a certificate or permit, if the regulated article is a sample being moved to an official laboratory specified by the secretary to process, test, or analyze samples.

          Source: 23 SDR 16, effective August 5, 1996; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-6, 38-24A-10.


Rule 12:51:09 INSPECTION AND CERTIFICATION

CHAPTER 12:51:09

INSPECTION AND CERTIFICATION

Section

12:51:09:01        Assembly and inspection of regulated articles.

12:51:09:02        Issuance of certificates.

12:51:09:03        Issuance of permits.

12:51:09:04        Attachment and disposition of certificates and permits.

12:51:09:05        Costs.

12:51:09:06        Cancellation of certificates, permits, or business agreements.


Rule 12:51:09:01 Assembly and inspection of regulated articles.

          12:51:09:01.  Assembly and inspection of regulated articles. Persons requiring inspection, certification, or other services from the secretary must request the services from the secretary at least 48 hours before the services are needed. The secretary may designate the place and manner of assembly of regulated articles for the purpose of inspection.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-9, 38-24A-14.


Rule 12:51:09:02 Issuance of certificates.

          12:51:09:02.  Issuance of certificates. The secretary shall issue a certificate for movement of a regulated article upon determination that the regulated article:

          (1)  Is eligible for unrestricted movement under all other applicable federal plant quarantines and South Dakota plant quarantines and plant rules;

          (2)  Is to be moved in compliance with any emergency conditions the secretary may impose under SDCL chapter 38-24A to prevent the artificial spread of the regulated pest;

          (3)  Is free of the regulated pest, based on the results of official inspection and laboratory testing specified by the secretary and the history of previous infestation;

          (4)  Has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of the regulated pest; and

          (5)  Has been treated in accordance with methods and procedures specified in chapter 12:51:07.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-9.


Rule 12:51:09:03 Issuance of permits.

          12:51:09:03.  Issuance of permits. If a regulated article is not eligible for a certificate, the secretary may issue a permit for the movement of a regulated article or approve the issuance of a permit by the state plant regulatory official in the state of origin if the secretary determines that the regulated article:

          (1)  Is to be moved to a specified destination for specified handling, utilization, or processing and this movement will not result in the artificial spread of the regulated pest because the regulated pest will be destroyed or the risk mitigated by the specified handling, utilization, or processing;

          (2)  Is to be moved in compliance with any additional emergency conditions the secretary may impose under SDCL chapter 38-24A to prevent the artificial spread of the regulated pest; and

          (3)  Is eligible for movement under all other applicable federal plant quarantines and South Dakota plant quarantines and plant rules.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-9.


Rule 12:51:09:04 Attachment and disposition of certificates and permits.

          12:51:09:04.  Attachment and disposition of certificates and permits. The consignor must ensure that the certificate or permit authorizing intrastate or interstate movement of a regulated article is at all times during intrastate or interstate movement attached to:

          (1)  The outside of the container encasing the regulated article;

          (2)  The article itself, if it is not in a container; or

          (3)  The consignee's copy of the accompanying waybill, if the descriptions of the regulated article on the certificate or permit and on the waybill are sufficient to identify the regulated article.

          The carrier must furnish the certificate or permit authorizing movement of a regulated article to the consignee at the shipment's destination.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-9.


Rule 12:51:09:05 Costs.

          12:51:09:05.  Costs. The user is responsible for all costs arising from inspection, certification, and permitting of regulated articles. Procedures shall be conducted and costs shall be calculated in accordance with SDCL 38-24A-28.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-9.


Rule 12:51:09:06 Cancellation of certificates, permits, or business agreements.

          12:51:09:06.  Cancellation of certificates, permits, or business agreements. Pursuant to SDCL chapter 1-26, any certificate, permit, or business agreement issued by the secretary may be canceled if the secretary determines that the holder of the certificate, permit, or business agreement has not complied with this article or any conditions imposed under this chapter.

          Source: 23 SDR 16, effective August 5, 1996.

          General Authority: SDCL 38-24A-9.

          Law Implemented: SDCL 38-24A-10.


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