TITLE 38
AGRICULTURE AND HORTICULTURE
Chapter
01 State Department Of Agriculture And Natural Resources
02 Agricultural Experiment Stations [Transferred]
03 Agricultural Extension Services [Transferred]
04 Demonstration Farms [Repealed]
05 Agricultural Census And Statistics
06 Rural Rehabilitation Assets And Funds [Repealed And Transferred]
07 Division Of Resource Conservation And Forestry
07A Shelterbelts [Repealed]
08 Conservation Districts
08A Soil Erosion And Sediment Damage Control
09 Weather Modification Activities [Transferred]
10 Wheat Development And Promotion
11 State Seed Certification Board
12 Agricultural And Vegetable Seed Standards And Labeling [Repealed]
12A Seed Standards And Labeling
13 Hybrid Seed Corn [Repealed]
14 Discrimination In Purchase Of Grain And Flaxseed [Repealed]
14A Flax Research Fee [Repealed]
15 Potato Grades And Standards [Repealed]
16 Wholesale Potato Dealers [Repealed]
17 Crop Liens
18 Apiaries
19 Commercial Fertilizer
19A Soil Amendments
20 Pest Control Activities
20A Pesticides
21 Agricultural Pesticide Application
22 Weed And Pest Control
23 Horticulture [Repealed]
24 Nursery Stock And Plant-Pest Control [Repealed]
24A Plant Quarantine And Treatment
24B Nursery Stock And Plant Pest Control
25 Forestry [Transferred]
26 Forest Insect And Disease Control [Transferred]
27 Oilseeds Council And Assessments
28 Agricultural Grain Marketing [Repealed]
29 Soybean Research And Promotion Council
30 Honey Industry Commission [Repealed]
31 Devices For Measuring Moisture And Protein Content [Repealed]
32 Corn Utilization Council
33 Pork Commission
34 Pulse Crops
35 Industrial Hemp
CHAPTER 38-1
STATE DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES
38-1-1 Department continued--Office--Service of process--Seal.
38-1-1.1 Department continued--Performance of functions.
38-1-2 Secretary of agriculture and natural resources as head of department--Appointment.
38-1-3 Oath of secretary.
38-1-4 General duties of secretary.
38-1-5.1 38-1-5.1. Repealed by SL 2015, ch 204, § 2.
38-1-6 38-1-6 to 38-1-10. Superseded
38-1-11 Executive assistants--Oath.
38-1-12 Employment of inspectors and other employees.
38-1-13 Terms of office of executives and employees--Discharge--Salaries.
38-1-14 Traveling expenses of departmental personnel.
38-1-15 Secretary and executives devote entire time to office--Restrictions on holding of other office.
38-1-16 Promulgation of rules.
38-1-17 38-1-17. Repealed by SL 1982, ch 16, § 36
38-1-18 Promotion of agricultural interests--Experimental and extension work--Marketing of farm products.
38-1-18.1 Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds.
38-1-19 Collection and publication of agricultural and marketing statistics.
38-1-19.1 38-1-19.1 to 38-1-20.1. Repealed by SL 1982, ch 17, §§ 23 to 29
38-1-21 Department as bureau of statistics--Dissemination of information--Cooperation with other agencies.
38-1-22 38-1-22. Repealed by SL 1981, ch 11, § 5
38-1-23 38-1-23. Repealed by SL 2015, ch 204, § 3.
38-1-24 Publication of promotional materials--Exhibits.
38-1-25 38-1-25. Repealed by SL 1980, ch 268
38-1-26 Cooperation with State Fair Commission.
38-1-27 38-1-27, 38-1-28. Repealed by SL 2017, ch 180, §§ 4, 5.
38-1-29 Apiaries and bees.
38-1-30 Cooperation with commissioner of school and public lands in forest protection.
38-1-31 38-1-31. Repealed by SL 1981, ch 11, § 6
38-1-32 Regulation of nursery stock.
38-1-33 38-1-33, 38-1-34. Repealed by SL 2015, ch 204, §§ 4, 5.
38-1-35 38-1-35. Repealed by SL 1986, ch 326, § 5
38-1-36 Cooperation in protection of fish and game.
38-1-37 Cooperation and coordination with other departments--Preventing duplication of effort.
38-1-38 Representation of agricultural interests before federal agencies.
38-1-38.1 Principles of state before federal government.
38-1-39 38-1-39. Repealed by SL 1986, ch 326, § 6
38-1-40 Prosecution by secretary of violations--Security for costs not required.
38-1-41 38-1-41. Repealed by SL 1993, ch 311, § 8
38-1-42 Transferred to § 1-53-21 by SL 2019, ch 235 (Ex. Ord. 19-1), § 40, eff. Apr. 14, 2019.
38-1-43 Transferred to § 1-53-22 by SL 2019, ch 235 (Ex. Ord. 19-1), § 41, eff. Apr. 14, 2019.
38-1-44 Definition of terms.
38-1-45 Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
38-1-46 Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking.
38-1-47 Patent holder may seek protection order--Limitations.
38-1-48 Samples--Where taken.
38-1-49 Promulgation of rules.
38-1-50 Results to be sent to both parties by registered mail--Time.
38-1-51 Information received by secretary not public records.
38-5-1
Agreements with federal government for annual census--Purpose.
38-5-2
Repealed.
38-5-3
Duties of other public officers and employees.
38-5-4 to 38-5-7. Repealed.
38-6-1
Transferred.
38-6-2
Repealed.
38-6-3
Transferred.
38-6-4
Transferred.
38-6-5
Transferred.
38-6-6
Transferred.
38-6-7
Transferred.
38-6-8
Transferred.
38-6-8.1
Transferred.
38-6-9
Transferred.
38-6-10
Transferred.
38-6-11
Transferred.
38-6-12
Transferred.
38-6-13
Transferred.
38-6-14
Transferred.
38-6-15
Transferred.
38-6-16
Transferred.
CHAPTER 38-7
DIVISION OF RESOURCE CONSERVATION AND FORESTRY
38-7-1 Policy of state--Purposes of chapters 38-7 and 38-8.
38-7-2 Definitions.
38-7-2.1 Division of Resource Conservation and Forestry created.
38-7-2.2 Repealed.
38-7-2.3 Conservation districts--Department oversight.
38-7-3 State Conservation Commission established.
38-7-3.1 Commission administered by department--Functions retained by commission.
38-7-4 Composition of commission--Appointment and terms of members--Vacancies.
38-7-5 Conservation district supervisor member areas.
38-7-6 Nonvoting members of commission--Tenure of office.
38-7-7 Accommodations, supplies, and equipment for commission.
38-7-8 Record of commission actions--Seal--Powers.
38-7-9 Quorum of commission.
38-7-10 Chairman of commission--Delegation of powers and duties.
38-7-11 38-7-11. Repealed by SL 1971, ch 23, § 2
38-7-12 Employment of personnel by division--Legal services.
38-7-13 Record of proceedings kept by division.
38-7-14 Detail of personnel to division by other state agencies.
38-7-15 Assistance in carrying out of district programs.
38-7-16 Interchange of information between districts and division.
38-7-17 Coordination of district programs.
38-7-18 Assistance provided to districts by federal and state agencies.
38-7-19 Dissemination of information--Encouraging formation of districts.
38-7-20 Authority to represent districts--Develop conservation policy--Cooperate with public and private agencies.
38-7-21 Recommendations on programs of local, state, and federal agencies and subdivisions.
38-7-22 Provision of funds and assistance to districts.
38-7-23 Accounting and financial reporting procedures by districts.
38-7-24 Request to Legislature for appropriations.
38-7-25 Coordinated natural resources conservation fund created--Purposes.
38-7-26 Source of money in coordinated natural resources conservation fund.
38-7-27 Coordinated natural resources conservation program established--Promulgation of rules.
38-7-28 Administration of coordinated natural resources conservation program.
38-7-29 Natural resources conservation award--Program established--Eligibility--Selection.
38-7-30 Natural resources conservation award--Sign--Promulgation of rules.
CHAPTER 38-8
CONSERVATION DISTRICTS
38-8-1 Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.
38-8-2 Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.
38-8-3 Factors considered in hearing on petition for organization of district.
38-8-4 Determination of need for district--Establishment of boundaries.
38-8-5 Determination of no need and denial of petition--Time for filing new petitions.
38-8-6 Consideration of administrative practicability and feasibility of district.
38-8-7 Referendum on creation of district--Form of ballot--Right to vote.
38-8-8 Timing of referendum on creation of district.
38-8-9 Conduct of election on creation of district--Certification of results.
38-8-10 Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities.
38-8-11 Vote required to authorize creation of district--Extent of participation in voting required.
38-8-12 Publication of referendum results--Determination and recording of administrative practicability and feasibility.
38-8-13 Factors considered in determining administrative practicability and feasibility.
38-8-14 Time for filing new petitions after denial of district.
38-8-15 Election of initial supervisors--District as governmental subdivision.
38-8-16 Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission.
38-8-17 Filing and recording of application and statement--Issuance of certificate of organization.
38-8-18 Certificate of organization as proof of establishment of district.
38-8-19 Petition for inclusion of additional territory--Procedure.
38-8-20 Inclusion of additional territory by amendment of charter--Notice and hearing.
38-8-21 Resolution to include additional territory--Effective date.
38-8-22 Petition for combination or division of districts--Number of signers--Form.
38-8-22.1 Governing board resolution for combination or division of districts--Vote at general election.
38-8-23 Commission hearing on combination or division of districts.
38-8-24 Determination of administrative practicability and feasibility of combining districts.
38-8-24.1 Petition for referendum on organization of district--Commission action on petition.
38-8-25 Appointment of supervisors for reorganized district.
38-8-26 Certificates of organization for new districts--Certificate of dissolution--Assets and liabilities revert to new district.
38-8-27 38-8-27 to 38-8-29. Repealed by SL 1968, ch 1, § 13.
38-8-30 Petition for boundary adjustment between adjoining districts.
38-8-31 Notice and hearing on boundary adjustment between districts.
38-8-32 Determination of administrative practicability and feasibility of boundary adjustments--Factors considered--Notice to districts.
38-8-33 Application to secretary of state for certificate evidencing boundary changes--Accompanying statement by state commission--Issuance of certificate.
38-8-34 Petition for change of name of district--Action by state commission--Issuance by secretary of state.
38-8-35 38-8-35 to 38-8-37. Repealed by SL 1994, ch 316, §§ 18 to 20.
38-8-38 38-8-38. Repealed by SL 1968, ch 1, § 6.
38-8-39 Composition of district governing board--Number and qualifications of supervisors--Notice of available district offices--Nominating petitions--Election procedure.
38-8-39.1 38-8-39.1. Repealed by SL 1994, ch 316, § 22.
38-8-40 38-8-40. Repealed by SL 1968, ch 1, § 9.
38-8-41 38-8-41. Repealed by omission from SL 1968, ch 1, § 7.
38-8-42 Terms of office of district supervisors.
38-8-43 Removal of supervisor from office.
38-8-44 Filling of vacancies in district board.
38-8-45 Chairman and officers of district board--Quorum--Majority required for actions.
38-8-45.1 Meetings and hearings of district supervisors open to public.
38-8-46 Compensation and expenses of supervisors.
38-8-47 Employment of personnel by supervisors--Legal services--Delegation of powers.
38-8-48 Surety bonds required by district supervisors--Record of proceedings--Financial reports.
38-8-49 District as governmental subdivision and public body--General corporate powers.
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.
38-8-50 Comprehensive district plans for conservation of resources--Programs and practices included.
38-8-51 Advice and consultation with political subdivision governing bodies.
38-8-51.1 Cooperation with political subdivisions in implementing area-wide waste treatment.
38-8-52 Cooperation between districts.
38-8-53 Conservation district special revenue fund established--Purpose--Continuous appropriation--Promulgation of rules.
38-8-53.1 Conservation district special revenue fund available for loans to watershed districts.
38-8-54 District power to receive loans from special revenue fund.
38-8-54.1 Borrowing funds and pledging credit of district authorized.
38-8-55 County contributions to districts--Financial statement filed with county commissioners.
38-8-56 Notice and hearing on county contributions to districts.
38-8-57 Annual report filed with county contributing to district--Publication of report.
38-8-58 Acquisition, administration, improvement, and disposition of property by district.
38-8-59 Exemption from general laws applicable to public property.
38-8-60 Construction, operation and maintenance of structures by district.
38-8-61 District conservation measures on public and private land.
38-8-62 Administration and management of projects--Acceptance of contributions.
38-8-63 Cooperation with and aid to other public agencies or land occupiers in conservation measures.
38-8-64 Assistance to land owners.
38-8-65 Contributions and land-use agreements required as conditions to assistance provided by district.
38-8-66 38-8-66 to 38-8-89. Repealed by SL 1976, ch 242, § 21.
38-8-90 Petition for dissolution of district--Number of signers--Public meetings and hearings.
38-8-90.1 Governing board resolution for dissolution of district--Vote at general election.
38-8-91 Frequency of petitions for dissolution of district.
38-8-92 Referendum on petition for dissolution of district--Form of ballot--Right to vote.
38-8-93 Timing of referendum on dissolution of district.
38-8-94 Conduct of election on dissolution of district--Certification of results.
38-8-95 Referendum on dissolution of district valid despite informalities.
38-8-96 Determination of administrative practicability and feasibility of continued operation of district--Majority vote requiring discontinuance.
38-8-97 Termination of district affairs on determination by state commission--Disposition of district property.
38-8-98 Application to secretary of state for certificate of dissolution--Recitals in application--Issuance of certificate.
38-8-99 Ordinances and regulations terminated on dissolution of district--Division substituted as party to contracts--Liens and pending actions.
CHAPTER 38-8A
SOIL EROSION AND SEDIMENT DAMAGE CONTROL
38-8A-1 Definition of terms.
38-8A-2 "Land-disturbing activity" defined.
38-8A-3 Commission guidelines for erosion and sediment control--Citizen participation.
38-8A-4 Content of guidelines.
38-8A-5 Information and standards used as basis of guidelines.
38-8A-6 District standards for erosion and sediment control--Local government consulted--Time--Fragile land designation.
38-8A-7 38-8A-7. Repealed by SL 1997, ch 226, § 3
38-8A-8 Hearing on proposed standards or revisions--Publication of notice.
38-8A-9 Transmittal of proposed standards to commission for review.
38-8A-10 Review of standards by commission--Recommendations as to changes.
38-8A-11 Adoption of conservation standards by districts--Cooperation with other local units.
38-8A-12 Governing board resolution or voter petition for revision of conservation standards.
38-8A-12.1 Filing of petition--Submission of standards to election unless supervisors approve revision.
38-8A-12.2 Election procedures.
38-8A-13 District standards to be met by activities on publicly owned lands.
38-8A-14 Enforcement of standards under contract with public agency.
38-8A-15 Issuance of permits by commission or districts prohibited.
38-8A-16 Permit-issuing authorities to require compliance with district conservation standards.
38-8A-17 Land-disturbing activity plans, applications, and reports not required if standards not violated--Plan required for conversion of fragile land.
38-8A-18 Violation of adopted standards by land-disturbing activities--Control plan required--District approval--Implementation of plan.
38-8A-18.1 Noncompliance--Penalties.
38-8A-19 Variances to allow additional time for compliance.
38-8A-20 Petition to allege violation of chapter--Investigation and action by petitioned agency.
38-8A-21 Injunctive or other relief to enforce chapter.
38-8A-22 Dust blowing and soil erosion--Owner or operator to prevent.
38-8A-23 Blowing soil--Investigation and order for prevention by conservation district board.
38-8A-24 Emergency orders--Issuance--Posting.
38-8A-25 Preventive treatment--Grounds for performance by conservation district board.
38-8A-26 Assessment against land treated by board--Promulgation of rules.
38-8A-27 Disposition of assessment collections--Collection fee prohibited.
38-8A-28 Cooperation with federal, state, and local agencies to prevent erosion.
38-8A-29 Annual report of violations.
38-10-1
Policy of state.
38-10-2
Definition of terms.
38-10-3
Wheat commission--Members--Terms of office.
38-10-3.1
Independent functions retained by commission.
38-10-4
Qualifications of appointive members of commission.
38-10-5
Supervision of executive director.
38-10-6
Areas represented by appointive members of commission.
38-10-7
Terms of office of appointive members of commission--Vacancies.
38-10-8
Removal of wheat commission member.
38-10-9
Ex officio members of wheat commission--No vote.
38-10-10
Repealed.
38-10-11
Officers of wheat commission--Meetings.
38-10-12
Appointment of executive director--Compensation.
38-10-13
Repealed.
38-10-14
Powers of commission.
38-10-15
Formulation of general policies and programs for wheat promotion.
38-10-16
Wheat research and market development.
38-10-17
Research restricted to cooperation with other agencies.
38-10-18
Education and publicity program.
38-10-19
Cooperation with public and private organizations--Contracts.
38-10-20
Rules and regulations adopted by commission.
38-10-21
Commission records kept.
38-10-22
Promotional fee on wheat sold through commercial channels--Collection from first
purchaser.
38-10-23
Sales to federal government exempt from fee.
38-10-24
Fee applicable to wheat stored or sold outside state--Collection from grower.
38-10-25
Proof of purchase delivered by purchaser to grower--Contents.
38-10-26
Alteration of proof of purchase documents as misdemeanor.
38-10-27
Quarterly reports by wheat purchasers--Payment of fee.
38-10-28
Fee deducted when loan made by federal agency--Federal forms accepted in lieu of
invoice.
38-10-29
Supplemental and alternate forms used by commodity credit corporation.
38-10-30
Use by Commodity Credit Corporation of identification numbers--Access of state
officials to records.
38-10-31
Fee paid at time of federal loan as complete satisfaction.
38-10-32
Minor errors in fee collection overlooked.
38-10-33
Assessment of fee by director on failure to file report--Penalty--Time of payment.
38-10-34
Application for refund of fee erroneously collected--Time for refund--Waiver by
failure to file claim.
38-10-35
Deposit and appropriation of fees.
38-10-36
Repealed.
38-10-37
Violation of chapter as misdemeanor.
38-10-38
Citation of chapter.
38-10-39
Commission financial reports--Annual audit.
38-10-40
Liability for omissions.
38-10-41
Commission may contract with Public Utilities Commission to inspect assessment
and checkoff records.
38-11-1
Appointment and terms of board members--Vacancies.
38-11-1.1
Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board.
38-11-2
Composition and representation on board--Recommendations for appointment.
38-11-3
Oath of board members--Officers of board.
38-11-4
Meetings of board.
38-11-5
Repealed.
38-11-6
Official seed certifying agency for state.
38-11-7
Standards for certification--Rules and regulations.
38-11-8
Rules, regulations, and orders for execution of powers.
38-12A-1
Definition of terms.
38-12A-2
Label required for containers of agricultural seeds--Contents.
38-12A-3
Label required for containers of lawn and turf seed--Contents.
38-12A-4
Label required for containers of vegetable seeds in planting devices--Contents.
38-12A-5
Label required for containers of flower seeds or flower seeds in planting devices--Contents.
38-12A-6
Label required for containers of tree and shrub seeds--Contents--Exception.
38-12A-7
Contents of label for treated seed.
38-12A-8
Seed sold in bulk--Display of label on container--Customer copy--Exception.
38-12A-9
Seed test to determine label information.
38-12A-10
Exceptions to labeling requirements.
38-12A-11
Seed dealers permit required--Exception--Expiration--Fee.
38-12A-11.1
Seed fund established--Purpose--Appropriations.
38-12A-12
Contents of advertisement by person excepted from seed permit.
38-12A-13
Records of seed lots--File samples--Inspection--Use by secretary.
38-12A-14
Secretary provided copy of records and access to premises.
38-12A-15
Modification, revocation, or refusal to renew permit for violations.
38-12A-16
Unlawful sale, offer for sale, or transportation for sale of seed within state--Violation
as misdemeanor.
38-12A-17
Additional prohibited acts--Violation as misdemeanor.
38-12A-18
Additional civil penalty.
38-12A-19
Powers of secretary.
38-12A-20
Promulgation of rules by secretary.
38-12A-21
Right of consumer to submit claim to arbitration.
38-12A-22
Right of seedsman, seed producer, or seed dealer to submit claim to arbitration--Statutes of limitations and legal proceedings tolled.
38-12A-23
Filing of complaint against seedsman, seed producer, or seed dealer--Time limitation--Filing of answer.
38-12A-24
Referring of complaint to arbitration committee--Discontinuation of investigation.
38-12A-25
Appointment of committee members--Election of chairman and secretary.
38-12A-26
Purpose of committee--Nonbinding report--Evidence in litigation.
38-12A-27
Session called by secretary or upon direction of chairman.
38-12A-28
Investigation by committee--Recommendation--Hearings.
38-12A-29
Investigation by majority of committee directed by chairman--Summary.
38-12A-30
Members not compensated--Reimbursement for expenses.
38-12A-31
Federal permits for introduction of organisms and products produced through genetic
engineering authorized for use in state.
38-14-1 to 38-14-8. Repealed.
CHAPTER 38-15
POTATO GRADES AND STANDARDS [REPEALED]
38-15-1 38-15-1. Repealed by SL 2017, ch 180, § 1.
38-15-2 38-15-2. Repealed by SL 2013, ch 191, § 4.
38-15-2.1 38-15-2.1 to 38-15-4. Repealed by SL 1977, ch 307, § 12
38-15-5 38-15-5. Repealed by SL 2017, ch 180, § 2.
38-15-6 38-15-6 to 38-15-8. Repealed by SL 1977, ch 307, § 12
38-15-9 38-15-9, 38-15-10. Repealed by SL 2013, ch 191, §§ 5, 6.
38-15-11 38-15-11. Repealed by SL 1977, ch 307, § 12
38-15-12 38-15-12. Repealed by SL 2013, ch 191, § 7.
38-15-13 38-15-13 to 38-15-17. Repealed by SL 1977, ch 307, § 12
38-15-18 38-15-18. Repealed by SL 2013, ch 191, § 8.
38-15-19 38-15-19, 38-15-20. Repealed by SL 1977, ch 307, § 12
38-15-21 38-15-21. Repealed by SL 2013, ch 191, § 9.
38-15-22 38-15-22, 38-15-23. Repealed by SL 1977, ch 307, § 12
38-15-24 38-15-24, 38-15-25. Repealed by SL 2013, ch 191, §§ 10, 11.
38-15-26 38-15-26 to 38-15-30. Repealed by SL 1977, ch 307, § 12
38-15-31 38-15-31. Repealed by SL 2013, ch 191, § 12.
38-15-32 38-15-32, 38-15-33. Repealed by SL 1977, ch 307, § 12
38-17-1
Contract reserving title to landlord to be filed with register of deeds
.
38-17-1.1
Crop seeds defined.
38-17-2
Reserved title to grain, seed, or crop not enforceable against innocent third party
unless filed.
38-17-3
Lien on crop for seed furnished--Limitation on amount contained in farm lease.
38-17-4
Seed lien available to foreign corporations without qualifying.
38-17-5
Filing of seed lien affidavit with register of deeds.
38-17-6
Seed lien affidavit on behalf of nonresident.
38-17-7
Entry of seed lien statements by register of deeds--Notice to purchasers and
encumbrancers.
38-17-8
Priority of seed liens.
38-17-9
Unauthorized use of seed subject to lien as misdemeanor.
38-17-10
Lien of federal agency furnishing seed or money.
38-17-11
Filing of federal seed lien with register of deeds--Contents of notice.
38-17-12
Misappropriation of federally furnished seed or money as misdemeanor.
38-17-13
General law of seed liens applicable to federal liens.
38-17-14
Farm machinery owner's lien on processed agricultural products.
38-17-15
Account filed by processor with register of deeds--Contents--Notice to purchasers
and encumbrancers.
38-17-16
Priority of threshers' and processors' liens.
38-17-17
Innocent purchaser of crop protected against unfiled lien.
38-17-18
Unauthorized disposition of property subject to thresher's or processor's lien as
misdemeanor.
38-17-19
Foreclosure of crop liens.
CHAPTER 38-18
APIARIES
38-18-1 Definition of terms.
38-18-2 38-18-2. Repealed by SL 1983, ch 280, § 1.
38-18-3 Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty.
38-18-3.1 Minimum distance between apiaries--Beekeepers excepted on own property.
38-18-3.2 38-18-3.2. Repealed by SL 1986, ch 330, § 4.
38-18-3.3 Identification of apiary--Violation as misdemeanor.
38-18-3.4 Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
38-18-4 Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty.
38-18-5 Registration of apiary--Fees.
38-18-5.1 Apiary fund established--Purpose--Appropriations.
38-18-6 38-18-6. Repealed by SL 1976, ch 243, § 20.
38-18-7 38-18-7. Repealed by SL 1986, ch 330, § 9.
38-18-8 Movable frames required in hives--Violation as misdemeanor.
38-18-9 Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.
38-18-10 Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty.
38-18-11 Exposure of infected bees or equipment as misdemeanor--Additional penalty.
38-18-12 Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state.
38-18-13 False information or hindering of enforcement as misdemeanor.
38-18-14 Access of departmental personnel to premises and apiaries.
38-18-15 Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.
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 salvageable equipment and bees.
38-18-16.1 Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order.
38-18-16.2 Failure to comply with order--Strict liability for costs of destruction.
38-18-17 38-18-17. Repealed by SL 1986, ch 330, § 20.
38-18-18 38-18-18. Repealed by SL 1986, ch 330, § 22.
38-18-19 Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary.
38-18-20 Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.
38-18-21 Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor.
38-18-22 38-18-22. Repealed by SL 1986, ch 330, § 26.
38-18-23 Certificate of health--Content--Based on actual inspection.
38-18-24 38-18-24. Repealed by SL 1986, ch 330, § 28.
38-18-25 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 or remove bees from state--Assessments of costs.
38-18-26 Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor.
38-18-27 Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses.
38-18-28 Promulgation of rules by secretary.
38-18-28.1 Restriction on movement of bees and related articles from quarantined area--Promulgation of rules.
38-18-29 38-18-29. Repealed by SL 1986, ch 330, § 33.
38-18-30 38-18-30. Repealed by SL 1976, ch 243, § 20.
38-18-31 Promotion of honey and by-products.
38-18-32 Definitions.
38-18-33 Honey industry fund.
38-18-34 Administration of honey industry fund--Donation--Expenditures.
38-18-35 Promulgation of rules for honey industry fund.
38-18-36 Annual honey assessment.
38-18-37 Dissemination of information and instruction concerning honey assessment.
CHAPTER 38-19
COMMERCIAL FERTILIZER
38-19-1 Definition of terms.
38-19-2 38-19-2. Repealed by SL 1982, ch 281, § 4
38-19-2.1 Commercial fertilizer distribution license required--Fee--Penalty for violation--Notice.
38-19-2.2 Name and address required on application for distribution license and to appear on other materials of licensee.
38-19-3 38-19-3. Repealed by SL 1982, ch 281, § 5
38-19-3.1 38-19-3.1, 38-19-3.2. Repealed by SL 2001, ch 215, §§ 10, 11
38-19-4 38-19-4. Repealed by SL 1982, ch 281, § 8
38-19-4.1 38-19-4.1. Repealed by SL 2001, ch 215, § 12
38-19-5 Guaranteed analysis defined.
38-19-6 38-19-6 to 38-19-9. Repealed by SL 1982, ch 281, §§ 11 to 14
38-19-10 Inspection fee on fertilizer distributed in state--Rules.
38-19-10.1 Additional inspection fee deposited in precision agriculture fund.
38-19-11 38-19-11. Repealed by SL 1982, ch 281, § 16
38-19-12 Annual tonnage report--Inspection fees.
38-19-13 38-19-13. Repealed by SL 1982, ch 281, § 18
38-19-14 Fertilizer fund--Administration--Expenditures.
38-19-15 Labels required for fertilizer in containers--Contents.
38-19-16 Information to accompany bulk shipments--Fertilizer formulated under specifications furnished by consumer.
38-19-16.1 Labeling requirements applied to sewage sludge distributor--Availability of analyses.
38-19-17 Fertilizer deemed misbranded.
38-19-18 Fertilizer deemed adulterated.
38-19-19 Sale or distribution of adulterated or misbranded fertilizer as misdemeanor.
38-19-20 38-19-20. Repealed by SL 2001, ch 215, § 15
38-19-21 38-19-21 to 38-19-23. Repealed by SL 1982, ch 281, §§ 24 to 26
38-19-23.1 38-19-23.1. Repealed by SL 1977, ch 308, § 1
38-19-24 Intimate and uniform mixture required in custom mixing.
38-19-25 38-19-25. Repealed by SL 1982, ch 281, § 28
38-19-26 Guaranteed analysis of custom mix or fertilizer materials.
38-19-27 Sales and exchanges to manufacturers and mixers exempt from requirements.
38-19-28 Recommendation of grades of fertilizers for use in state--Publication of recommended lists.
38-19-29 38-19-29. Repealed by SL 1982, ch 281, § 29
38-19-30 Inspection and sampling to determine compliance with chapter.
38-19-30.1 Proof of claims required of licensed applicant or registrant--Sources of proof.
38-19-31 Manner of drawing and sealing official samples--Forwarding to director of laboratories.
38-19-32 Examination of samples and reports by director of laboratories.
38-19-33 Analytical methods used by director of laboratories.
38-19-34 Publication of analyses--Dissemination of information.
38-19-35 Annual publication of fertilizer data and analysis results--Separation by semiannual periods.
38-19-36 Rules and regulations for labeling, storage, and distribution.
38-19-36.1 Rules for siting of ammonia, fertilizer, and fertilizer production facilities.
38-19-36.2 Operation of bulk commercial fertilizer storage facility without permit prohibited--Rules--Revocation of permit--Violation as misdemeanor.
38-19-36.3 Civil penalty--Injunctive relief.
38-19-36.4 "Anhydrous ammonia" defined.
38-19-36.5 Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty.
38-19-36.6 Action for damages against certain persons unavailable to person who tampers with equipment.
38-19-36.7 Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia.
38-19-36.8 Assumption of risk by person tampering with anhydrous ammonia--Immunity from liability for owners.
38-19-36.9 Owner of anhydrous ammonia defined.
38-19-36.10 Tampering defined.
38-19-37 Secretary charged with enforcement--Access to property and records.
38-19-37.1 Secretary to be given copies of labels and labeling.
38-19-38 Stop-sale orders against fertilizer in violation.
38-19-39 Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant.
38-19-40 Injunction to prevent violations.
38-19-41 Violation of chapter, rule or regulation as misdemeanor.
38-19-42 38-19-42. Repealed by SL 1982, ch 281, § 30
38-19-43 Discretion in prosecution of minor violations--Warning.
38-19-44 38-19-44. Repealed by SL 1982, ch 281, § 31
38-19-45 Severability of provisions.
38-19-46 Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application.
38-19-47 Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard.
38-19-48 Nutrient research and education fund created.
38-19-49 Deposit of inspection fees into nutrient research and education fund--Purposes of disbursements.
38-19-50 Nutrient Research and Education Council created--Membership.
38-19-51 Duties of Nutrient Research and Education Council.
38-19A-1
Definition of terms.
38-19A-2
Distribution of adulterated soil amendments prohibited--Adulteration defined.
38-19A-3
Distribution of misbranded soil amendments prohibited--Misbranding defined.
38-19A-4
Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted.
38-19A-5
Duplicate registration not required if labels do not differ.
38-19A-6
Minimum ingredients required for registration of soil amendments.
38-19A-7
Label required--Contents.
38-19A-8
False or misleading statements, labeling, advertising, or oral claims prohibited.
38-19A-9
Proof required of claims or usefulness and value--Evidence of proof.
38-19A-10
Approval required for listing or guaranteeing of ingredients on labels--Supportive
data--Inspection and analysis--Quantities of ingredients required.
38-19A-11
Annual tonnage statement--Inspection fees.
38-19A-12
Failure to file, false filing, or failure to pay inspection fee as grounds for registration
revocation.
38-19A-13
Inspection and analysis of soil amendments by secretary--Entry upon premises or
carriers.
38-19A-14
Refusal of registration if soil amendment violates chapter or rules--Cancellation for
fraud or deceptive practices--Hearing before revocation.
38-19A-15
Rules and regulations.
38-19A-16
Violation of chapter as misdemeanor.
38-19A-17
Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses.
38-19A-18
Deposit of fees.
38-19A-19
Analyses of lime or lime sludge compost provided by distributor.
CHAPTER 38-20
PEST CONTROL ACTIVITIES
38-20-1 Acceptance of federal acts--Suppression or control of predator and unprotected birds and animals--Secretary of agriculture and natural resources as state agency--Cooperation with Bureau of Sport Fisheries and Wildlife.
38-20-2 Rodent control agreements with Fish and Wildlife Service--Employment of assistance--Purchase of supplies and equipment.
38-20-3 38-20-3 to 38-20-5. Repealed by SL 2006, ch 2, §§ 26 to 28.
38-20-4 38-20-4. Repealed by SL 2006, ch 2, § 27.
38-20-5 38-20-5. Repealed by SL 2006, ch 2, § 28.
38-20-6 38-20-6 to 38-20-31. Repealed by SL 1983, ch 282, § 50
38-20-32 Acceptance of contributions for grasshopper control--Agreement with federal government.
38-20-33 Deposit of contributions in grasshopper control fund--Use of fund.
38-20-34 Grasshoppers--Control and destruction--Agreements by department.
38-20-35 Major grasshopper infestation and emergency--Declaration by Governor--Availability of funds.
CHAPTER 38-20A
PESTICIDES
38-20A-1 Definitions.
38-20A-2 Repealed.
38-20A-3 Declaration as pest--Public hearing.
38-20A-4 Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation.
38-20A-5 38-20A-5. Repealed by SL 1983, ch 281, § 3
38-20A-6 Interplant shipments--Exception from registration.
38-20A-7 38-20A-7. Repealed by SL 1998, ch 247, § 3
38-20A-8 Registration--Requirements--Submission contents.
38-20A-9 38-20A-9, 38-20A-9.1. Repealed by 1998, ch 247, §§ 4, 5
38-20A-10 Registration of pesticide by secretary.
38-20A-11 Registration not a defense.
38-20A-12 Notice to registrant--Failure to comply--Refusal of registration--Hearing.
38-20A-13 Cancellation of registration--Hearing.
38-20A-14 38-20A-14. Repealed by SL 1983, ch 281, § 9
38-20A-15 Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions.
38-20A-16 Adulterated pesticides.
38-20A-17 38-20A-17. Repealed by SL 1983, ch 281, § 11
38-20A-17.1 Misbranded pesticides.
38-20A-18 38-20A-18. Repealed by SL 1983, ch 281, § 12
38-20A-18.1 Misbranded device.
38-20A-19 38-20A-19 to 38-20A-24. Repealed by SL 1983, ch 281, §§ 13 to 18
38-20A-25 Repealed.
38-20A-26 Sale or distribution of adulterated or misbranded article prohibited.
38-20A-27 Unregistered pesticides--Prohibitions--Change in labeling or formula.
38-20A-28 Authorized container--Requirements--Prohibitions.
38-20A-29 Label required--Contents of label.
38-20A-30 38-20A-30. Repealed by SL 1983, ch 281, § 26
38-20A-31 Exemption for carriers--Access to records.
38-20A-32 State and federal officials exempt from penalties.
38-20A-33 38-20A-33. Repealed by SL 1983, ch 281, § 29
38-20A-34 Alteration or destruction of label as petty offense--Changing composition of substance.
38-20A-35 Exemption of pesticide packed for export--Provisions applicable if not exported.
38-20A-36 Promulgation of rules.
38-20A-37 Cooperation with other state and federal agencies.
38-20A-38 Repealed.
38-20A-39 Inspection and sampling--Access to premises and records--Identification and examination of samples.
38-20A-40 38-20A-40. Repealed by SL 1983, ch 281, § 33
38-20A-41 Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.
38-20A-42 38-20A-42 to 38-20A-45. Repealed by SL 1983, ch 281, §§ 35 to 38
38-20A-46 Stop-sale--Payment of costs.
38-20A-47 Prohibited contracts void--Action on contract prohibited.
38-20A-48 38-20A-48.Violation of chapter--Penalties.
38-20A-49 38-20A-49.Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.
38-20A-50 38-20A-50.Minor violations--Written warning.
38-20A-50.1 38-20A-50.1.Voluntary compliance--Administrative settlement agreements.
38-20A-51 Repealed.
38-20A-52 Repealed.
38-20A-53 Repealed.
38-20A-54 Waste pesticide--Development of program--Promulgation of rules.
38-20A-55 Repealed.
38-20A-56 Creation of pesticide recycling and disposal fund--Interest--Appropriation.
38-20A-57 Acceptance of donations.
38-20A-58 Establishment of public lands weed and pest fund--Interest--Expenditures.
38-20A-59 Registration fees--Distribution.
CHAPTER 38-21
AGRICULTURAL PESTICIDE APPLICATION
38-21-1 38-21-1 to 38-21-13. Repealed by SL 1974, ch 255, § 35.
38-21-14 Definitions.
38-21-14.1 38-21-14.1. Repealed by SL 2015, ch 204, § 24.
38-21-15 Repealed.
38-21-15.1 Bulk pesticide storage facility permit--Revocation of permit--Penalty.
38-21-15.2 Operation without permit--Civil penalty, injunctive, or declaratory relief.
38-21-15.3 Existing bulk pesticide storage--Alteration--Plans prepared--Rules prohibited.
38-21-15.4 Bulk pesticide storage facility--Promulgation of rules.
38-21-16 Pesticide incidents--Report of damage--Inspection by secretary.
38-21-17 Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty.
38-21-17.1 Commercial applicator's license--Expiration.
38-21-18 Standards for certification of applicators--Promulgation of rules.
38-21-19 38-21-19. Repealed by SL 1976, ch 245, § 6.
38-21-20 Qualified applicants--Issuance of license--Denial of application.
38-21-21 Licensure--Denial or non-issuance--Written explanation.
38-21-22 Applicator's license--Restrictions.
38-21-23 Private applicator's license--Requirement--Fee--Promulgation of rules--Penalty for violation.
38-21-23.1 Private applicator's license--Expiration.
38-21-24 Private and commercial applicators--Records--Promulgation of rules.
38-21-25 38-21-25. Repealed by SL 1976, ch 245, § 6.
38-21-26 Repealed.
38-21-27 38-21-27 to 38-21-32. Repealed by SL 1991, ch 326, §§ 6 to 11.
38-21-33 Classes of certifications and licenses.
38-21-33.1 Pesticide dealer--Unlicensed operation--Misdemeanor--Civil penalty.
38-21-33.2 Physicians, veterinarians, and pharmacists--Exemption.
38-21-33.3 Pesticide applicators and government agencies--Exemption.
38-21-33.4 License required for outlets--Transitory locations prohibited.
38-21-33.5 Pesticide dealer's license--Fee--Form of application.
38-21-33.6 Denial, suspension, or revocation of dealer's license--Hearing.
38-21-33.7 38-21-33.7. Repealed by SL 1986, ch 332, § 7.
38-21-33.8 Pesticide dealer--Exemption.
38-21-33.9 Pesticide dealer's license--Expiration.
38-21-34 Applicator's license--Limitations.
38-21-35 Veterinarians --Exemption.
38-21-36 Research applications under laboratory conditions exempt.
38-21-37 Application without compensation--Exemption.
38-21-38 Repealed.
38-21-39 Restricted-use pesticide classifications--Promulgation of rules.
38-21-39.1 Unlicensed sale of restricted-use pesticide--Misdemeanor--Civil penalty.
38-21-39.2 Sale of restricted-use pesticide to unlicensed person--Misdemeanor--Civil penalty.
38-21-39.3 Unlicensed buying of restricted-use pesticide--Misdemeanor--Civil penalty.
38-21-40 Restricted-use pesticides--Licensure required--Restrictions--Criteria--Penalty.
38-21-41 Reciprocal waiver of examinations.
38-21-42 Renewal of license--Requirements--Exceptions.
38-21-43 Repealed.
38-21-44 Licensure action--Penalty.
38-21-44.1 Contemplated criminal proceedings--Notice--Opportunity to present views--Referral to state's attorney.
38-21-44.2 Obtaining voluntary compliance--Administrative settlement agreements.
38-21-45 Pesticide damage--Liability.
38-21-46 Notice of damage--Requirements--Exception.
38-21-47 Inspection of damages--Requirements.
38-21-48 Repealed.
38-21-49 Pesticide incident--Failure to report.
38-21-50 38-21-50. Repealed by SL 1987, ch 287, § 9.
38-21-50.1 Repealed.
38-21-50.2 Damages to injured person.
38-21-51 Administration and enforcement of chapter--Promulgation of rules.
38-21-52 Cooperation with other agencies.
38-21-53 Entry and inspection by secretary.
38-21-54 Repealed.
38-21-55 Cause of action--Injunction.
38-21-56 Notification of pesticide application--Promulgation of rules.
38-21-57 Pesticide regulatory fund--Administration and uses--Expenditures.
38-21-58 Application of pesticide--Licensed commercial applicator--Personal property.
38-22-1
Superseded.
38-22-1.1
Administration of commission under department supervision--Independent functions
retained by commission.
38-22-1.2
Definitions.
38-22-1.3
State Weed and Pest Control Commission abolished.
38-22-1.4
South Dakota Weed and Pest Control Commission established.
38-22-1.5
Composition of commission.
38-22-1.6
Nomination of appointive members of commission--Areas represented--Length of
terms.
38-22-1.7
Functions of commission.
38-22-1.8
End of current terms--Commencement of new terms--Term limits.
38-22-2, 38-22-3. Obsolete.
38-22-4
Repealed.
38-22-5
Meetings of commission--Election and terms of officers.
38-22-6
Appointment of state weed and pest coordinator.
38-22-7
Formulation of weed and pest program.
38-22-8
Cooperation with other state agencies--Functions of experiment station and extension
service.
38-22-9
Determination and publication of lists of state weeds and pests.
38-22-9.1, 38-22-10. Repealed.
38-22-11
Enforcement of commission rules, regulations, processes, subpoenas, and orders.
38-22-11.1
Promulgation of rules.
38-22-12
Administration of state weed and pest program.
38-22-13
Moving agricultural machinery without cleaning as misdemeanor.
38-22-14
Repealed.
38-22-15
Repealed.
38-22-16
Infested land declared public nuisance--Protective operations by secretary.
38-22-16.1
Weeds or pests in any amount considered infestation.
38-22-16.2
Property owner who allows spread of infestation of noxious weeds or mountain pine
beetle responsible for remedy.
38-22-17
Notice to owner of infested land--Service--Contents.
38-22-17.1
Noncompliance with orders as misdemeanor.
38-22-17.2
Intervention on federal land by State Weed and Pest Control Commission.
38-22-18
Service of notice on nonresident owner of infested land.
38-22-19
Police powers of state personnel in enforcement of chapter.
38-22-20
Entry by state personnel not deemed trespass--Crop damage not assessed.
38-22-21
Certification to county auditor of cost of protective operations on infested land--Collection as taxes.
38-22-22
Responsibility for cost of operations on publicly owned land.
38-22-22.1
Responsibility for weed and pest control.
38-22-23
Repealed.
38-22-23.1
Meeting to appoint or provide for election of county weed and pest board--Notice.
38-22-23.2
Members of county weed and pest board--Number--Terms--Qualifications.
38-22-23.3
Time for selecting board.
38-22-23.4
Subsequent appointment or election of weed board.
38-22-23.5
Board member to be appointed or elected from first or second class municipality.
38-22-23.6
Removal of board members.
38-22-23.7 Initial officers of board--Election.
38-22-23.8 Compensation and expense allowances of board members.
38-22-23.9 Powers of board.
38-22-23.10 Duties of board.
38-22-23.11 Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor.
38-22-23.12 Investigation of suspected land--Notice required for entry.
38-22-23.13 Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution.
38-22-23.14 Remedial action by board on owner's failure--Certification of expenses--Collection.
38-22-23.15 Responsibility for control costs on state lands.
38-22-23.16 Penalty for failure to reimburse board for requested operations.
38-22-23.17 Civil penalty for continued failure to perform minimum remedial requirements.
38-22-24 Expenditure of county funds.
38-22-25 Repealed.
38-22-26 Organization for weed and pest control prerequisite to appropriation.
38-22-27 Repealed.
38-22-28 Repealed.
38-22-29 Repealed.
38-22-30 Prosecution of violations--Collection and disposition of forfeitures and fines.
38-22-31 Prosecutions under drug laws not precluded.
38-22-32 Department assisting boards--Agreements with federal agencies--Employment and purchases authorized.
38-22-33 Transportation of plant products containing weed seed as misdemeanor.
38-22-34 Levy for weed and pest control programs in community--Administration by board.
38-22-35 Weed and pest control fund.
38-22-36 Funds for weed and pest control fund.
38-22-37 Repealed.
38-22-38 Expenditure of weed and pest control funds.
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.
38-24B-1
Definitions.
38-24B-2
Promulgation of rules.
38-24B-3
Pests as public nuisances--Permitting existence of pests prohibited--Distributing
infested plant products prohibited--Violation as misdemeanor.
38-24B-4
Misrepresentation of nursery stock and plants offered for distribution--Violation as
misdemeanor.
38-24B-5
License required to sell or distribute nursery stock--Violation as misdemeanor.
38-24B-6
Application for license.
38-24B-7
Issuance of license--Annual fee.
38-24B-7.1
Certificate of inspection_Fee.
38-24B-8
Separate certificate for each sale location--Display--Violation as misdemeanor.
38-24B-9
License for out-of-state nurseryman--Fee--Waiver.
38-24B-10
Inspection and certification sales by nonprofit organizations--Violations as
misdemeanors.
38-24B-11
Certain applicants prohibited from receiving license or certificate of inspection.
38-24B-12
Growers and dealers--Certificate of inspection--Fees.
38-24B-13
Revocation of license--Hearing--Notice--Temporary cease and desist order.
38-24B-14
Term of license.
38-24B-15
Importation of plants--Certificate or copy to be attached--Violation as misdemeanor.
38-24B-16
Accepting plants for shipment without certificate prohibited--Carrier to report
imported plants without indicia of inspection--Quarantine--Disposition--Violation
as misdemeanor.
38-24B-17
Inspection of nurseries, places of possible pest infestation and nursery stock--Hindering as misdemeanor.
38-24B-18
Withholding certificate where pests discovered--Prohibiting distribution of infested
or defective stock.
38-24B-19
Finding of pest infestation--Notice--Orders to prevent spread and to treat or destroy
plant material--Notice of orders--Violation as misdemeanor.
38-24B-20
Treatment or destruction by secretary on failure of owner--Strict liability for costs--Assessment, collection, and disposition.
38-24B-21
Damages for loss of infested or defective stock prohibited.
38-24B-22
Seller to furnish documents showing point of origin of stock--Violation as
misdemeanor.
38-24B-23
Seller of infested stock to furnish names and addresses of buyers--Violation as
misdemeanor.
38-24B-24
Use of information.
38-24B-25
Agreements for certification of out-of-state and foreign nurserymen.
38-24B-26
Shipments of stock received from foreign country--Notice--Quarantine.
38-24B-27, 38-24B-28. Repealed.
38-24B-29
Violation of chapter--Revocation of license--Liability for damages.
38-24B-30
Nursery fund established--Purpose--Appropriations.
CHAPTER 38-27
OILSEEDS COUNCIL AND ASSESSMENTS
38-27-1 Definition of terms.
38-27-2 Oilseeds council established--Composition.
38-27-3 Necessity, purposes, and objectives for council.
38-27-4 Terms of members--Vacancies.
38-27-5 Officers--Quorum--Meetings.
38-27-6 Compensation of members.
38-27-7 Oilseeds fund--Expenditures.
38-27-8 Powers of council.
38-27-8.1 Promulgation of rules.
38-27-9 Supplementary nature of chapter--Agriculture and natural resources department and other agency functions not limited.
38-27-10 38-27-10. Repealed by SL 1989, ch 346, § 9
38-27-11 Assessment on sunflowers, safflowers, canola, and flax grown or sold--Rate.
38-27-12 Collection of assessment by deduction from purchase price.
38-27-13 Filing by first purchaser required.
38-27-14 Records and reports--Remittance of assessment.
38-27-15 Enforcing collection of assessment.
38-27-16 Refunds--Applications.
38-27-17 Council to provide refund information.
38-27-18 38-27-18. Repealed by SL 2010, ch 201, § 8.
38-27-19 Council may contract with Public Utilities Commission to inspect assessment and checkoff records.
38-29-1
Definitions.
38-29-2
Soybean Research and Promotion Council--Establishment--Members--Terms.
38-29-3
Election of members.
38-29-4
Vacancies--Appointments to fill.
38-29-5
Officers--Quorum--Meetings.
38-29-6
Checkoff fees deposited into special fund--Appropriation--Expenditures.
38-29-7
Powers of council.
38-29-7.1
Promulgation of rules.
38-29-8
Assessment on soybeans grown in state or sold to first purchaser within state--Rate--Exemption for organic soybeans.
38-29-9
Collection of assessment.
38-29-9.1
Assessment conditioned on repeal of National Soybean Promotion, Research, and
Consumer Information Act.
38-29-10
Application by first purchaser required.
38-29-11
Records and reports--Remittance of assessment.
38-29-11.1
Enforcement against first purchaser failing to remit assessments.
38-29-12
Repealed.
38-29-13
Information and instructions to be disseminated by council.
38-29-14
Council may contract with Public Utilities Commission to inspect assessment and
checkoff records.
38-31-1 to 38-31-9. Repealed .
38-32-1
Definitions.
38-32-2
Corn utilization council established--Composition--Election--Secretary.
38-32-3
Repealed.
38-32-3.1
Election procedure when director's term is to expire--Polling location--No election
if only one nominee.
38-32-3.2
Absentee voting.
38-32-3.3
Voting eligibility of participating growers--Affidavit.
38-32-4, 38-32-5. Repealed.
38-32-6
Notice of subsequent elections.
38-32-6.1
Notice of pending expiration of term--Time--Required information.
38-32-7
Receipt of highest number of votes by winning candidate--Terms of directors.
38-32-8
Administration of subsequent election--Election judges--Ballot security--Certification.
38-32-9
Districts from which directors elected.
38-32-9.1
Assignment of directors during transition.
38-32-10
Vacancies.
38-32-11
President and officers--Quorum--Calling of meetings.
38-32-12
Deposit of funds--Appropriation--Expenditures.
38-32-13
Powers of council.
38-32-14
Promulgation of rules.
38-32-15
Assessment on corn marketed to first purchaser within state.
38-32-16
Deduction of assessment from purchase price.
38-32-17
Application to be filed by first purchaser--Contents.
38-32-18
First purchaser to keep record of corn purchases--Examination by council--Report to
council and remittance of assessment--Rules.
38-32-19
Enforcement of collection.
38-32-20
Refund to grower--Application--When refund made.
38-32-21
Development and dissemination of information by council--Cooperation with
agencies and businesses.
38-32-22
Compensation and expenses for corn utilization council.
38-32-23
Nomination of directors by petition--Certification--Ballot position.
38-32-24
Council may contract with Public Utilities Commission to inspect assessment and
checkoff records.
38-33-1
Definitions.
38-33-2
South Dakota Pork Commission established--Members--Terms of office--Elections--Meetings.
38-33-3
Filling of vacancies on commission.
38-33-4
Election of officers--Quorum--Calling meetings.
38-33-5
Powers of commission.
38-33-6
Promulgation of rules.
38-33-7
Assessment--Collection--Deposit.
38-33-8
Records--Reports and remittances.
38-33-9
Appeal and enforcement.
38-33-10
Application for refund.
38-33-11
Dissemination of information.
38-33-12
Dissolution of commission--Resumption of activities.
CHAPTER 38-34
PULSE CROPS
38-34-1 Definitions.
38-34-2 South Dakota Pulse Crops Council--Initial appointment of members.
38-34-3 Terms of members--Subsequent election of council members--Qualification--Vacancy.
38-34-4 Election of officers--Quorum--Meetings.
38-34-5 Compensation of members.
38-34-6 Pulse crops fund--Collection and expenditure of funds.
38-34-7 Powers and duties of council.
38-34-8 Promulgation of rules.
38-34-9 Effect of chapter on Department of Agriculture and Natural Resources or other agencies.
38-34-10 Assessment on pulse crop--Rate--Reciprocal agreements.
38-34-11 Collection and remission of assessment.
38-34-12 First purchaser of pulse crops--Information required on application or affidavit.
38-34-13 Record of purchases of pulse crops--Quantity--Rules on report and assessment.
38-34-14 Pledge or mortgage of pulse crops as security for loan under federal price support program--Procedures for payment of assessment.
38-34-15 Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage--Exception.
38-34-16 Undercollections or overcollections of one dollar or less--Commodity Credit Corporation not required to collect or refund.
38-34-17 Enforcement of collection.
38-34-18 Refund of assessment--Application--Time for refund.
38-34-19 Information on purpose of assessment and claim of refund--Development and dissemination.
38-34-20 Referendum on raising or reducing assessment.
38-34-21 Council may contract with Public Utilities Commission to inspect assessment and checkoff records.
CHAPTER 38-35
INDUSTRIAL HEMP
38-35-1 Definitions.
38-35-2 Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor.
38-35-3 Application for grower license--Location and size requirements.
38-35-3.1 Application for a research license.
38-35-4 Application for processor license--Fee--Location notice.
38-35-5 Criminal background check--Denial of license for conviction--Licensure exemption.
38-35-6 Hemp regulatory program fund--Purpose--Expenditures.
38-35-7 License issuance--Denial, revocation, or suspension--Contested case.
38-35-8 Planting verification--Documentation to be filed--Contents.
38-35-9 Entrance by department--Consent--Fee--Inspection, confiscation, and disposal--Costs--Liability for destruction--Records.
38-35-10 Inspection timing and procedure.
38-35-11 Promulgation of rules--Fees.
38-35-12 Department of Health--Promulgation of rules.
38-35-13 Repealed.
38-35-14 Testing samples--Exceeding concentration--Destruction or remediation of lot.
38-35-15 State hemp production plan--Submission to United States Department of Agriculture--Establishment of program.
38-35-16 Transportation--Consent to search and seizure--Inspection by law enforcement--Penalty.
38-35-17 Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor.
38-35-17.1 Grower licensee transportation documentation requirements--Violation as misdemeanor.
38-35-18 Rules of United States Department of Agriculture.
38-35-19 Reporting to attorney general.
38-35-20 Coordination with other government entities.
38-35-21 Industrial hemp for smoking prohibited--Violation as misdemeanor.
38-35-22 Industrial hemp used in wildlife food plots.
38-35-23 Prohibition on industrial hemp and marijuana being commingled.
