BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-12A-11 be amended to read as follows:
38-12A-11. No person may sell, distribute, advertise, solicit orders for, offer for sale, expose for sale, or transport seed without first obtaining from the Department of Agriculture a permit to engage in the business. A permit is not required of any person selling or advertising seed of the person's own production in South Dakota, if the seed is stored or delivered to a purchaser only on or from the farm or premises where grown or the production and sale of seed is not a primary endeavor and primary source of income to such persons. Each permit shall expire on the thirty-first day of December of the year following the date of issue. The biennial fee for a seed permit is: Seedsman -- two hundred fifty dollars; Seed producer -- fifty dollars; Seed dealer -- fifty dollars.
Section 2. That chapter 38-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That § 38-18-3 be amended to read as follows:
38-18-3. Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiary or before moving bees into the state and shall contain each location by legal description, the name of the landowner or lessee of the location, the number of colonies of bees in each apiary, and any other information required by the secretary. The landowner or lessee authorizing the placement of an apiary on a location may revoke the authorization by notifying the owner of the apiary and the secretary in writing. Such revocation of authorization by a landowner or lessee is not sufficient justification for a contested case hearing. If any person fails to register an apiary within the time specified by this section, the landowner authorization for that location is invalid. A registration application shall be approved or rejected by the secretary in compliance with this chapter or rules promulgated pursuant to chapter 1-26. The secretary may deny applications, revoke permits, or conduct contested case hearings in accordance with rules promulgated pursuant to chapter 1-26. Any person failing to register an apiary or bees pursuant to this section is guilty of a Class 2 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a civil penalty not to exceed five hundred dollars for each location that the person has failed to register.
Section 4. That § 38-18-5 be amended to read as follows:
38-18-5. Any person registering an apiary pursuant to § 38-18-3 shall pay a registration fee of eleven dollars per permanent location and thirty dollars per temporary location.
Section 5. That § 38-18-36 be amended to read as follows:
38-18-36. There is hereby imposed upon each bee location within the state, at the time of registration, a continuing annual assessment of one dollar per location. The Department of Agriculture shall collect and deposit the funds in the honey industry fund.
Section 6. That chapter 38-18 be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. That § 38-19-1 be amended to read as follows:
38-19-1. Terms, as used in this chapter, mean:
lime, limestone, lime sludge, sewage sludge, wood ashes, gypsum, compost, and other
products excluded by rule;
Section 8. That § 38-19-2.1 be amended to read as follows:
38-19-2.1. No person whose name appears on the label of a commercial fertilizer or who manufactures or mixes a commercial fertilizer in this state may distribute that fertilizer until the person has obtained a distribution license from the secretary of agriculture. A distribution license is required for each location where commercial fertilizer is manufactured or mixed. The license may be granted only after payment of a fee of twenty-five dollars by the licensee. Each license expires on the thirty-first day of December of the year after the date of issuance. Any distribution license application for renewal received after the thirty-first day of January of any year shall be assessed a late payment fee equal to the original license fee, which shall be added to the original fee and shall be paid by the
applicant before the renewal license is issued. Any person who fails to obtain the proper license is
subject to a civil penalty not to exceed one thousand dollars per violation. Notice shall be given by
registered mail prior to the imposition of any civil penalty.
Section
9.
That
§
38-19-2.2
be amended to read as follows:
38-19-2.2.
An application for a commercial fertilizer distribution license shall include the name
and address of the licensee. The licensee's name and address as it appears on the license shall appear
on all labels and pertinent invoices used by the licensee and on all bulk storage units operated by the
licensee in this state.
Section
10.
That
§
38-19-3.1
be repealed.
Section
11.
That
§
38-19-3.2
be repealed.
Section
12.
That
§
38-19-4.1
be repealed.
Section
13.
That
§
38-19-10
be amended to read as follows:
38-19-10.
There is paid to the secretary of agriculture for all commercial fertilizer distributed in
this state an inspection fee of up to twenty-five cents per ton. The secretary of agriculture shall
promulgate rules pursuant to chapter 1-26 to establish the inspection fee.
Section
14.
That
§
38-19-18
be amended to read as follows:
38-19-18.
For the purposes of this chapter, a commercial fertilizer is deemed to be adulterated:
Section 15. That § 38-19-20 be repealed.
Section 16. That chapter 38-19 be amended by adding thereto a NEW SECTION to read as follows:
Section 17. That chapter 38-19 be amended by adding thereto a NEW SECTION to read as follows:
Section 18. That § 38-19A-4 be amended to read as follows:
38-19A-4. Each separately identified soil conditioner product shall be registered before being distributed in this state. The application for registration shall be submitted to the secretary of agriculture on the form furnished or approved by the secretary and shall be accompanied by a fee of twenty-five dollars per product. Upon approval by the secretary, a copy of the registration shall be furnished to the applicant. Each registration shall expire on December thirty-first of the year following the date of issuance. Each registrant shall submit to the secretary a copy of labels and advertising
literature with the registration request for each soil amendment.
Section
19.
That
§
38-19A-11
be amended to read as follows:
38-19A-11.
Every distributor shall file with the secretary, on forms furnished by the secretary of
agriculture, an annual statement for the period ending December thirty-first of each year setting forth
the number of net tons of each soil amendment distributed in the state during that period. The report
shall be due within thirty days following each annual reporting period. If the report is not filed and
the payment of the inspection fee is not made within the time period specified, a collection fee
amounting to ten percent of the amount shall be assessed against the registrant. However, the
minimum collection fee is ten dollars. The secretary may examine such records to verify statements
of tonnage. Such statement shall be accompanied by payment of an inspection fee of twenty cents per
ton for all soil amendments distributed in this state. The secretary may allow payment of inspection
fees on a calculated equivalent of volume to tons.
Section
20.
That
§
38-21-17
be amended to read as follows:
38-21-17.
No person may engage in the business of applying pesticides to the lands of another,
advertise as being in the business of applying pesticides to the lands of another at any time, apply
pesticides while in the performance of duties as a governmental employee or otherwise act as a
commercial applicator without an applicator's license issued by the secretary of agriculture, unless
exempted under the provisions of this chapter. The secretary shall require a fee of twenty-five dollars
for each applicator license issued. The secretary of agriculture shall issue an applicator license to
government employees without a license fee. The fee exempt license is valid only when the applicator
is applying pesticides in the course of employment for the governmental entity. Any person who
violates this section is subject to a civil penalty not to exceed five thousand dollars per violation.
Section
21.
That
§
38-21-26
be amended to read as follows:
38-21-26.
A licensed applicator's license shall expire on the last day of February of the second
year following the year of issue unless it has been revoked or suspended prior thereto by the secretary
of agriculture for cause, as provided for in
§
38-21-44.
Section
22.
That
§
38-21-33.1
be amended to read as follows:
38-21-33.1.
It is a Class 2 misdemeanor for any person to act in the capacity of a licensed
pesticide dealer or advertise as a licensed pesticide dealer at any time without first having obtained
a license from the Department of Agriculture that shall expire on the last day of February of the
second year following the year of issue. In addition to any criminal penalty, any person who violates
this section is subject to a civil penalty not to exceed five thousand dollars per violation.
Section
23.
That
§
38-21-33.5
be amended to read as follows:
38-21-33.5.
Application for a license shall be accompanied by a fifty dollar license fee and shall
be on a form prescribed by the secretary of agriculture.
Section
24.
That
§
38-21-42
be amended to read as follows:
38-21-42.
Any person holding a current valid license or certification may renew such license or
certification for the next biennium without taking another examination unless the secretary of
agriculture determines that additional knowledge related to classifications for which the applicant has
applied makes a new examination necessary or if additional demonstration of qualifications is
determined necessary for a person who has had a license suspended or revoked or has had one or
more previous violations of this chapter.
Section
25.
That
§
38-21-43
be amended to read as follows:
38-21-43.
If the application for renewal of any license provided for in this chapter is not filed prior
to March first in any year of expiration, a penalty of fifty dollars shall be assessed and added to the
original fee and shall be paid by the applicant before the renewal license is issued.
Section
26.
That
§
38-24B-1
be amended to read as follows:
38-24B-1.
Terms, as used in this chapter, mean:
Section 27. That § 38-24B-7 be amended to read as follows:
38-24B-7. The Department of Agriculture may issue a certificate of inspection to any nurseryman, operating as a resident nurseryman or dealer, whose nursery stock has been officially inspected and found to be viable and free from pests. The biennial fee for the inspection and certification is one hundred fifty dollars plus four dollars for each acre over one acre of inspected plants. A conservation district that plants less than thirty acres of nursery stock in a year or a dealer who is in business for less than three months in a year and only sells plants obtained from an inspected in-state nursery may obtain a certificate of inspection at the reduced fee of one hundred dollars.
Section 28. That § 38-24B-9 be amended to read as follows:
38-24B-9. Any nurseryman whose location is outside the state may obtain a certificate of inspection to sell nursery stock within the state by filing a certified copy of the official inspection
certificate and paying a one hundred fifty dollar fee to the secretary of agriculture. The secretary may
waive the payment of the fee if the applicant's state does not require a fee by South Dakota applicants
for a like certificate in that state.
Section
29.
That
§
38-24B-12
be amended to read as follows:
38-24B-12.
Any grower or dealer of decorative plants, annual plants, sod, or related plant
products may apply to the department for a certificate of inspection. The Department of Agriculture
may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or
related plant products have been officially inspected and found free from pests. The fee for inspection
and certification is one hundred fifty dollars plus two dollars for each acre of growing field and two
dollars for each one thousand square feet of growing greenhouse.
Section
30.
That chapter
38-24B
be amended by adding thereto a NEW SECTION to read as
follows:
Section 31. That § 39-14-40.1 be amended to read as follows:
39-14-40.1. No person who manufactures a commercial feed within the state, or whose name appears on the label of a commercial feed as guarantor, may distribute a commercial feed in the state without first obtaining a commercial feed license from the secretary on forms provided by the secretary that identify the manufacturer's or guarantor's name, place of business, and location of each
manufacturing facility in the state and such other appropriate information necessary for enforcement
of this chapter. The fee for a new or renewal license is fifty dollars per in-state location or
manufacturer name and location listed on a commercial feed label, except that in the case of in-state
manufacturers who manufacture only customer formula feeds, no fee may be collected. Each license
expires on the thirty-first of December of the year after the date of issuance. Commercial feed license
applications for renewal received after the thirty-first of January of each year shall be assessed a late
payment fee equal to the original license fee, which shall be added to the original fee and shall be paid
by the applicant before the renewal license is issued.
Section
32.
That
§
39-14-43
be amended to read as follows:
39-14-43.
An inspection fee established in rules promulgated by the secretary of agriculture
pursuant to chapter 1-26, but not to exceed twenty-four cents per ton, shall be paid on commercial
feeds distributed in this state by the person who distributes the commercial feed to the consumer
subject to the following:
inspection fee specified above; and
Section 33. That § 39-14-44 be amended to read as follows:
39-14-44. Any person who is liable for payment of an inspection fee shall:
Section 34. That § 39-18-8 be amended to read as follows:
39-18-8. Upon approval by the secretary of agriculture, a copy of the registration of an animal remedy shall be forwarded to the applicant. All registrations are on a biennial basis, expiring the thirty-first day of December of the year after the date of registration. A biennial registration fee of twenty-five dollars for each product shall be paid to the secretary upon application for registration.
Section 35. That § 38-18-27 be amended to read as follows:
38-18-27. Any person may request to enter into a compliance agreement with the secretary or that the secretary make additional inspections of bees, bee equipment, or honey houses. The person requesting the agreement shall pay a fee of fifty dollars per compliance agreement. If an inspection is conducted, the person requesting the inspection shall pay the secretary any extra expense incidental to such inspection plus mileage and per diem for inspectors' expenses.
Section 36. That § 38-19-12 be amended to read as follows:
38-19-12. Each licensed distributor of commercial fertilizer shall file with the secretary of agriculture on forms furnished by the secretary an annual statement for the period ending December thirty-first setting forth the number of net tons of each grade of commercial fertilizer distributed in this state during the reporting period. The report is due on or before the thirtieth of January following the close of the reporting period and on the basis of the statement each licensed distributor of commercial fertilizer shall pay the inspection fee at the rate pursuant to § 38-19-10. If more than one person is involved in the distribution of a commercial fertilizer, the distributor who imports, manufactures, or produces the commercial fertilizer is responsible for the inspection fee on products produced or brought into this state. The distributor shall separately list the inspection fee on the invoice to the licensee. The last licensee shall retain the invoices showing proof of inspection fees paid for three years and shall pay the inspection fee on commercial fertilizer brought into this state or produced before July 1, 2001, unless the distributor has reported and paid the fees. If the tonnage report is not filed and the payment of inspection fee is not made within thirty days after the end of the period, a collection fee amounting to ten percent (minimum ten dollars) of the amount shall be assessed against the licensee and the amount of fees due constitutes a debt and becomes the basis of a judgment against the licensee. The secretary may verify the records on which statements of tonnage are based and each licensed distributor of commercial fertilizer shall grant the secretary permission
to verify the records on the licensee's application for license and on each tonnage report. The
secretary may revoke or refuse to renew the license of any licensee failing to comply with this section.
No information furnished under this section may be disclosed by the secretary or anyone having
access to tonnage reports if the disclosure will in any way divulge any part of the operations of a
licensee.
Section
37.
That
§
38-24B-14
be amended to read as follows:
38-24B-14.
A certificate issued pursuant to the provisions of this chapter is in effect for a period
not to exceed two years and expires on December thirty-first of the year following the date of issue.
An Act to revise certain requirements and fees regarding various agricultural related licenses, certificates, registrations, and inspections and to provide for the disposition of certain fees.
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1019
|
Chief Clerk
Speaker of the House
Chief Clerk
____________________________
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
Governor
STATE OF SOUTH DAKOTA,
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
By _________________________
Asst. Secretary of State