SD Legislature Logo
Site Search:   
2017 Bill Quickfind:   



 
38-24A PLANT QUARANTINE AND TREATMENT
CHAPTER 38-24A

PLANT QUARANTINE AND TREATMENT

38-24A-1      Definition of terms.
38-24A-2      Administration by secretary--Delegation of authority--Rules and regulations.
38-24A-3      Suppression and control activities authorized.
38-24A-4      Cooperation with other agencies--Expenditure of funds.
38-24A-5      Interstate cooperation in control activities.
38-24A-6      Quarantines and embargoes authorized.
38-24A-7      Limitation of quarantined area--Extension.
38-24A-8      Repealed.
38-24A-9      Scope of rules relating to regulated area--Publication of notice.
38-24A-9.1      Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable.
38-24A-10      Movements contrary to quarantine rules prohibited.
38-24A-11      Quarantine violation as misdemeanor.
38-24A-12      Seizure and treatment or disposal of infested articles--Notice to owner.
38-24A-12.1      Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land.
38-24A-13      Public notice of large-scale treatment operations.
38-24A-14      Inspection powers of secretary--Notice.
38-24A-15      Issuance of search warrants.
38-24A-16      Compensation for uninfested articles destroyed.
38-24A-17      Violation as misdemeanor--Civil liability for damages.
38-24A-18      Severability of provisions.
38-24A-19      Citation of chapter--Additional to other powers.
38-24A-20      Special certificates on plants for export.
38-24A-21      Inspection of plants intended for export--Certificate--Fees.


38-24A-1 Definition of terms.
     38-24A-1.   Definition of terms. Terms as used in this chapter, unless the context otherwise requires, mean:
             (1)      "Certificate," a document issued or authorized by the secretary indicating that a regulated article is not contaminated with a pest and is eligible for movement;
             (2)      "Designated agent," any United States government agency or employee or any individual or member of any agency or organization commissioned by the secretary of agriculture to aid in the enforcement of the provisions of this chapter;
             (3)      "Host," any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle;
             (4)      "Infested," actually infested or infected with a pest in any amount or quantity or so exposed to infestation that it would be reasonable to believe that an infestation exists;
             (5)      "Move," to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved;
             (6)      "Permit," a document issued or authorized by the secretary to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing;
             (7)      "Pest," any animal, plant, insect, or infectious transmissible or contagious disease, or other organism, causing or capable of causing injury or which is or may be dangerous or detrimental to the plant industry of the state;
             (8)      "Regulated article," any article of any character as described in a quarantine carrying or capable of carrying the pest against which a quarantine is directed;
             (9)      "Regulated pest," a pest which the secretary determines is sufficiently detrimental to the plant industry of the state to warrant control or eradication measures.

Source: SL 1971, ch 220, § 1; SL 1986, ch 334, § 1.


38-24A-2 Administration by secretary--Delegation of authority--Rules and regulations.
     38-24A-2.   Administration by secretary--Delegation of authority--Rules and regulations. The secretary of agriculture has the responsibility for administration of the provisions of this chapter. The secretary is authorized to assign functions provided for in this chapter to any unit of his department and to delegate any authority provided for in this chapter to a designated agent to be exercised under his general supervision.

Source: SL 1971, ch 220, § 2; SL 1986, ch 326, § 53.


38-24A-3 Suppression and control activities authorized.
     38-24A-3.   Suppression and control activities authorized. The secretary of agriculture, either independently or in cooperation with counties or political subdivisions thereof, municipalities, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, is authorized to carry out operations or measures to locate, suppress, control, prevent, or retard the spread of pests.

Source: SL 1971, ch 220, § 3; SL 1992, ch 60, § 2.


38-24A-4 Cooperation with other agencies--Expenditure of funds.
     38-24A-4.   Cooperation with other agencies--Expenditure of funds. The secretary of agriculture is authorized to cooperate with any agency he deems necessary to suppress, control, prevent, or retard the spread of any pest including the right to expend state funds on federal, state, and private lands for such purposes.

Source: SL 1971, ch 220, § 9.


38-24A-5 Interstate cooperation in control activities.
     38-24A-5.   Interstate cooperation in control activities. The secretary of agriculture is authorized to cooperate with agencies of adjacent states in such operations and measures as he deems necessary to locate, suppress, control, or to prevent or retard the spread of any pest; provided, that the use of funds for operations in adjacent states must be approved in advance by the Governor or his designee.

Source: SL 1971, ch 220, § 9.


38-24A-6 Quarantines and embargoes authorized.
     38-24A-6.   Quarantines and embargoes authorized. The secretary of agriculture is authorized to quarantine this state or any portion thereof when he shall determine that such action is necessary to prevent or retard the spread of a pest within or from this state and to place an embargo on articles from any other state or portion thereof whenever he determines that a pest exists therein and that such action is necessary to prevent or retard its spread into this state.

Source: SL 1971, ch 220, § 4.


38-24A-7 Limitation of quarantined area--Extension.
     38-24A-7.   Limitation of quarantined area--Extension. The secretary of agriculture may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include additional portions of the quarantined area upon publication of a notice to that effect in such newspapers in the quarantined area as he may select or by direct written notice to those concerned.

Source: SL 1971, ch 220, § 4.


38-24A-8
     38-24A-8.   Repealed by SL 1986, ch 326, § 55


38-24A-9 Scope of rules relating to regulated area--Publication of notice.
     38-24A-9.   Scope of rules relating to regulated area--Publication of notice. The secretary may promulgate rules pursuant to chapter 1-26:
             (1)      To provide standards and procedures for location, suppression, prevention, retardation, and control of the spread of pests;
             (2)      To provide standards and procedures for plant quarantines and embargoes;
             (3)      To provide restrictions for the movement of pests, hosts, and regulated articles from quarantined or embargoed areas;
             (4)      To provide standards and procedures to seize, treat, or dispose of pests, hosts, or regulated articles;
             (5)      To provide standards for restrictions regarding inspection, disinfection, treatment, and certification of plants from quarantined or regulated areas; and
             (6)      To establish fees for inspection and certification or to recover costs for pest control efforts.
     In addition to the reporting requirements of chapter 1-26 notice of the rules shall be published in such newspapers in the quarantined area as the secretary may select.

Source: SL 1971, ch 220, § 5; SL 1986, ch 326, § 56.


38-24A-9.1 Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--Whe...
     38-24A-9.1.   Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable. Other provisions of this chapter and the provisions of chapter 1-26 notwithstanding, the secretary may adopt emergency measures to quarantine or otherwise control plant infestations on an emergency basis. Such measures shall be subject to a public hearing, which shall be held within twenty-one days of implementation of such measures, but no official decision need be undertaken at the conclusion of such hearing. Notice of such hearing shall be published at least once in at least one official newspaper in the infested area. Such emergency measures shall be valid for a period of ninety days from implementation of the measures. After ninety days, such measures shall be subject to the rule-making procedures of chapter 1-26.

Source: SL 1986, ch 326, § 54.


38-24A-10 Movements contrary to quarantine rules prohibited.
     38-24A-10.   Movements contrary to quarantine rules prohibited. Following establishment of a quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into, or through this state contrary to rules promulgated by the secretary of agriculture.

Source: SL 1971, ch 220, § 5.


38-24A-11 Quarantine violation as misdemeanor.
     38-24A-11.   Quarantine violation as misdemeanor. Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and rules, to remove all possibilities of infestation and damage, in effect at the point of origin, is guilty of a Class 1 misdemeanor.

Source: SL 1971, ch 220, § 10; SL 1977, ch 190, § 344.


38-24A-12 Seizure and treatment or disposal of infested articles--Notice to owner.
     38-24A-12.   Seizure and treatment or disposal of infested articles--Notice to owner. Whenever the secretary of agriculture or his designated agent finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in this state, he may, upon giving notice to the owner or his representative in possession thereof, seize, quarantine, treat, or otherwise dispose of such pest, host, or article in such manner as the secretary or his designated agent considers necessary to suppress, control, prevent, or retard the spread of the pest. The secretary or his designated agent may order such owner or agent to so treat or otherwise dispose of the pest, host, or article before removing from the quarantined area. A notice or order is considered given if it is given by personal service to the owner or his representative, or a copy is sent to the owner by certified mail addressed to the last known address of the owner at least five days before the effective date of the notice or order.

Source: SL 1971, ch 220, § 6; SL 1986, ch 334, § 2.


38-24A-12.1 Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--...
     38-24A-12.1.   Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land. Any person who owns the premises is liable for the actual and necessary expense in connection with the seizure, quarantine, treatment, or disposal of a pest, host, or regulated article. The liability may be assessed against the premises and collected in the same manner as taxes are collected. The department shall keep an accurate account of the expenses incurred in itemized form and certify it to the county auditor of the county where the land is located. The county auditor shall place the amount upon the next tax list to be prepared in the county, in a separate column to be headed "for the control of pests." The county treasurer shall remit all money collected under this section to the state treasurer who shall deposit it in the general fund. The assessment is subject to all penalties provided for the nonpayment of taxes, and the entry of such expenses upon the tax list is presumptive evidence of the liability of the land to the tax.

Source: SL 1986, ch 334, § 3.


38-24A-13 Public notice of large-scale treatment operations.
     38-24A-13.   Public notice of large-scale treatment operations. Where large areas or metropolitan areas, involving many people, are to be treated, notice may be by means of newspaper, radio, or other news media. Such notice if given by newspaper shall prominently appear at least ten days prior to treatment in at least two issues of a daily paper having local coverage.

Source: SL 1971, ch 220, § 6; SL 1972, ch 236, § 4.


38-24A-14 Inspection powers of secretary--Notice.
     38-24A-14.   Inspection powers of secretary--Notice. To effectuate the purposes of this chapter, the secretary of agriculture may, with a search warrant or the consent of the owner, make reasonable inspection of any property in this state. The secretary may, without a search warrant, with or without the assistance of any law enforcement agency, stop and inspect, in a reasonable manner, any means of conveyance moving within this state upon probable cause to believe it contains or carries any pest, host, or other article subject to the provisions of this chapter, and may make any other reasonable inspection of any premises or means of conveyance for which no search warrant is required. The secretary may, if he believes that a pest exists, investigate the suspected premises after giving written notice. Such notice is considered given if it is given to the owner or person in charge of the premises by personal service at least one day before entry, or if it is mailed by certified mail addressed to the last known address of the owner at least five days before entry.

Source: SL 1971, ch 220, § 8; SL 1986, ch 334, § 4.


38-24A-15 Issuance of search warrants.
     38-24A-15.   Issuance of search warrants. The appropriate circuit and magistrate courts in this state shall have authority to issue search warrants for such inspections upon a showing by the secretary of agriculture that there is probable cause to believe that there exists in or on the property to be inspected a pest, host, or other article subject to the provisions of this chapter.

Source: SL 1971, ch 220, § 8.


38-24A-16 Compensation for uninfested articles destroyed.
     38-24A-16.   Compensation for uninfested articles destroyed. The owner of any property destroyed or ordered to be treated or otherwise disposed of under this chapter may, in an action against this state in the appropriate court for the county in which he resides or the property was located, recover just compensation for any property so destroyed and the reasonable costs of disposal of any property ordered destroyed, if he establishes that the property was not a pest, host, or infested article.

Source: SL 1971, ch 220, § 7.


38-24A-17 Violation as misdemeanor--Civil liability for damages.
     38-24A-17.   Violation as misdemeanor--Civil liability for damages. Any person who violates any of the provisions of this chapter or who alters, forges, counterfeits, or uses without authority any certificate or permit or other document provided for in this chapter or in the rules of the secretary of agriculture provided for in this chapter, is guilty of a Class 1 misdemeanor. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter.

Source: SL 1971, ch 220, § 10; SL 1977, ch 190, § 345; SL 2001, ch 218, § 1.


38-24A-18 Severability of provisions.
     38-24A-18.   Severability of provisions. If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Source: SL 1971, ch 220, § 11.


38-24A-19 Citation of chapter--Additional to other powers.
     38-24A-19.   Citation of chapter--Additional to other powers. This chapter shall be known as the South Dakota Plant Quarantine Act and may not be construed to repeal any existing authority of the secretary of agriculture but shall be in addition to any powers conferred upon the secretary by chapters 38-18, 38-22, and 38-24B.

Source: SL 1971, ch 220, § 12; SL 1986, ch 334, § 5.


38-24A-20 Special certificates on plants for export.
     38-24A-20.   Special certificates on plants for export. The Department of Agriculture may grant special phytosanitary certificates on any plants or plant products for individual shipment to other states in compliance with the plant inspection and plant quarantine regulations of the state of destination or to foreign countries in compliance with the plant inspection and plant quarantine regulations of the countries of destination.

Source: SL 2001, ch 218, § 2.


38-24A-21 Inspection of plants intended for export--Certificate--Fees.
     38-24A-21.   Inspection of plants intended for export--Certificate--Fees. Any owner of plants or plant products intending to ship those plants or plant products into another state or country may apply to the Department of Agriculture for an inspection or for obtaining an official sample. The inspection shall determine the presence of pests or the suitability of processing equipment and grades which would prevent the acceptance of the plants or plant products into other states or countries. Upon receipt of the application, the department may comply with the request and may issue a certificate of facts disclosed. The fee for inspection, obtaining samples, or issuing certificates are as follows:
             (1)      On-site inspection, two hundred dollars;
             (2)      Field inspection, two hundred fifty dollars for the first acre and two dollars for each additional acre;
             (3)      State certificate, fifty dollars;
             (4)      Federal certificate, one hundred twenty-five dollars;
             (5)      In-transit compliance agreements, fifty dollars;
             (6)      In-transit certificates, twenty-five dollars; and
             (7)      Reissue or replace state or federal phytosanitary certificate, twenty-five dollars.

Source: SL 2001, ch 218, § 3; SL 2010, ch 200, § 1.


Title 38

^ Back to Top