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 Repealed by SL 2015, ch 204, § 2.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 Superseded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 Repealed by SL 1982, ch 16, § 36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 Repealed by SL 1982, ch 17, §§ 23 to 29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 Repealed by SL 1981, ch 11, § 5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 Repealed by SL 2015, ch 204, § 3.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 Repealed by SL 1980, ch 268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 Repealed by SL 2017, ch 180, §§ 4, 5.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 Repealed by SL 1981, ch 11, § 6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 Repealed by SL 2015, ch 204, §§ 4, 5.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 Repealed by SL 1986, ch 326, § 5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 Repealed by SL 1986, ch 326, § 6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 Repealed by SL 1993, ch 311, § 8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.
38-1-1. Department continued--Office--Service of process--Seal.
The Department of Agriculture and Natural Resources of the State of South Dakota is continued with the powers, duties, and jurisdiction enumerated in this code. It shall maintain a central office in Pierre in rooms provided for the purpose, which shall be the official address of the department and the place for serving process or papers of any kind upon it. The department shall have an official seal.
Source: SL 1925, ch 115, ch I, art I, §§ 9, 10; SDC 1939, § 4.0101; SL 2013, ch 191, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-1.1. Department continued--Performance of functions.
The Department of Agriculture and Natural Resources shall continue as such and shall continue to perform its functions as provided in § 1-41-4, except for the inspection functions vested in the Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland Fire functions vested in the Department of Public Safety by Executive Reorganization Order 2021-03.
Source: SL 1973, ch 2, § 131; SL 2004, ch 17, § 277; SL 2021, ch 1 (Ex. Ord. 21-3), § 64, eff. Apr. 19, 2021.
38-1-2. Secretary of agriculture and natural resources as head of department--Appointment.
The head of the Department of Agriculture and Natural Resources shall be known as the secretary of agriculture and natural resources of the State of South Dakota, and wherever the word "secretary" appears in this title, it shall mean the "secretary of agriculture and natural resources of the State of South Dakota" unless the context indicates otherwise. The secretary shall be appointed by the Governor pursuant to S.D. Const., Art. IV, § 9 and to § 1-32-3.
Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch I, art I, §§ 2, 4; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 65, eff. Apr. 19, 2021.
38-1-3. Oath of secretary.
The secretary of agriculture and natural resources shall qualify by taking and filing the constitutional oath of office with the secretary of state.
Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch I, art I, § 6; SL 1933, ch 58; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2015, ch 203, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-4. General duties of secretary.
The secretary of agriculture and natural resources, under the general direction and control of the Governor, shall execute the powers and discharge the duties vested by law in the Department of Agriculture and Natural Resources.
Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch I, art I, §§ 2, 3, 7; SL 1933, ch 59; SDC 1939, § 4.0102; SL 1943, ch 3; SL 1951, ch 298; SL 1953, ch 318; SL 1955, ch 224; SL 1957, ch 262; SL 1961, ch 260; SL 1965, ch 260; SL 1967, ch 239, § 1; SL 1969, ch 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-11. Executive assistants--Oath.
The secretary of agriculture and natural resources shall, with the advice and consent of the Governor, appoint executive assistants as may be authorized by law or as may be necessary to the efficient administration of the duties of the office. Each appointed executive assistant shall qualify by taking and filing the constitutional oath of office with the secretary of state.
Source: SDC 1939, § 4.0102; SL 1943, ch 3; SL 2015, ch 203, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-12. Employment of inspectors and other employees.
The secretary of agriculture and natural resources may, with the advice and consent of the Governor, employ such inspectors, deputies, clerical assistants, and other necessary employees as shall be necessary for the efficient and economical administration of the department and not inconsistent with the rules and regulations of the Bureau of Human Resources and Administration.
Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch III, art II, § 3; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2012, ch 23, § 97; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
38-1-13. Terms of office of executives and employees--Discharge--Salaries.
The terms of office or employment of executives, directors, inspectors, and other employees appointed or employed pursuant to § 38-1-11 or 38-1-12 shall be as prescribed by the secretary of agriculture and natural resources, and any of them may be discharged at any time without cause upon recommendation of the secretary and the approval of the Governor. Their salaries shall be as prescribed by law or, in the absence of such prescription, then as fixed by the secretary and approved by the Governor and subject to regulations of the Bureau of Human Resources and Administration.
Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch III, art II, § 3; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2012, ch 23, § 98; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
38-1-14. Traveling expenses of departmental personnel.
The officials and employees of the Department of Agriculture and Natural Resources shall be allowed their necessary and actual traveling expenses, board, and lodging incurred in performance of duty when absent from their office.
Source: SL 1907, ch 76, § 15; RC 1919, § 7937; SL 1925, ch 115, ch III, art II, § 2; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-15. Secretary and executives devote entire time to office--Restrictions on holding of other office.
The secretary of agriculture and natural resources and all executive assistants and directors shall devote their entire time to the duties of the office and shall hold no other office or position of profit under the state government, but any of them may hold and administer any other office to which they may be appointed by the Governor, or head of their department with the consent of the Governor, but without additional compensation.
Source: SL 1925, ch 115, ch I, art I, § 5; SL 1931, ch 96, § 1; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-16. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate administrative rules, pursuant to chapter 1-26, concerning the administration of the department; the custody, use, and preservation of records, papers, books, property pertaining to the activities of the department; and fees for permits, inspection, and reinspection relating to any permits issued by the department.
Source: SL 1925, ch 115, ch I, art I, § 8; SDC 1939, § 4.0103; SL 1986, ch 326, § 4; SL 2013, ch 191, § 3; SL 2015, ch 203, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-18. Promotion of agricultural interests--Experimental and extension work--Marketing of farm products.
The Department of Agriculture and Natural Resources shall have power to encourage, protect, and promote, in every practical manner, the interests of agriculture, including horticulture, the livestock industry, dairying, cheese making, poultry, beekeeping, forestry, game and fish, the production of wool and all other allied industries; to promote methods of conducting these several industries, with a view of increasing the production and facilitating the distribution thereof at the least possible cost; cooperate with the South Dakota State University in its experimental and extension work; and to promote and encourage a system of marketing farm products, and cooperate with the federal government in the matter of securing new foreign markets for surplus farm products.
Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (1); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-18.1. Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds.
The secretary of agriculture and natural resources is hereby authorized to accept and receive grants, devises, bequests, donations, or gifts, in the form of money, for the purpose of establishing a fund to be used for the promotion of and provide service in agriculture.
All moneys received by the secretary of agriculture and natural resources under this section shall be deposited with the state treasurer and credited in a fund designated as "the Department of Agriculture and Natural Resources promotion fund." All moneys in said fund are hereby appropriated for the promotion of agriculture and to provide service in agriculture. Said fund shall be paid out on warrants drawn by the state auditor on vouchers approved by the secretary of agriculture and natural resources.
Source: SL 1970, ch 223; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-19. Collection and publication of agricultural and marketing statistics.
The Department of Agriculture and Natural Resources shall have power to collect and publish statistics relating to crop production, marketing and farm economics, the production and marketing of all farm products only so far as such statistical information may be of value to the agricultural and allied interests of the state; and to cooperate with the federal government, the South Dakota State University and agricultural organizations in the matter of collecting such statistical information. Such published statistics shall be the official agricultural statistics of the state.
Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (4); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-21. Department as bureau of statistics--Dissemination of information--Cooperation with other agencies.
The Department of Agriculture and Natural Resources shall also function as a bureau of statistics. It shall have authority to gather and disseminate timely information concerning the supply, demand, prices, and commercial movements of farm products including such as may be held in cold storage. It shall interchange such information with the United States Department of Agriculture and with various farm organizations, both state and local. It shall also cooperate with the secretary of revenue in compiling and distributing a complete list of all crop statistics.
Source: SL 1925, ch 115, ch III, art IV, §§ 2, 6; SDC 1939, § 4.0203; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-24. Publication of promotional materials--Exhibits.
The secretary of agriculture and natural resources shall prepare, publish, and distribute by mail and otherwise, documents, articles, and advertisements designed to convey information on all matters pertaining to the agricultural, industrial, mining, and other resources and advantages of the state. He may also prepare displays for exhibits of agriculture, horticulture, manufactured, and mineral products of the state.
Source: SL 1925, ch 115, ch III, art IV, § 7; SDC 1939, § 4.0204; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-26. Cooperation with State Fair Commission.
The Department of Agriculture and Natural Resources shall have power to cooperate with the State Fair Commission in furthering the agricultural interests of the state.
Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (5); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-29. Apiaries and bees.
The Department of Agriculture and Natural Resources shall have power to inspect apiaries and provide for the protection of bees.
Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (10); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-30. Cooperation with commissioner of school and public lands in forest protection.
The Department of Agriculture and Natural Resources shall have power to cooperate with the commissioner of school and public lands in protecting the forests of the State of South Dakota, and particularly in the matter of guarding against and preventing the devastation or destruction thereof by any insects, pests, or fires.
Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (6); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-32. Regulation of nursery stock.
The Department of Agriculture and Natural Resources shall have power to inspect and control the importation and sale of nursery stock.
Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (9); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-36. Cooperation in protection of fish and game.
The Department of Agriculture and Natural Resources shall have power to cooperate with the Department of Game, Fish and Parks of the State of South Dakota in the protection, preservation, propagation, and distribution of fish, game, and wild animals.
Source: SDC 1939, § 4.0104 (7); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-37. Cooperation and coordination with other departments--Preventing duplication of effort.
The secretary of agriculture and natural resources shall furnish such cooperation, coordination, data, and information to other departments, subdivisions, or officers of the state government as may promote the most efficient administration of the state government as a whole and as may tend to prevent duplication of effort and expense in administration of such government, and he shall have the right to require the same for such purposes from other departments, subdivisions, or officers of the state government.
Source: SL 1925, ch 115, ch I, art I, §§ 12, 13; SDC 1939, § 4.0103; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-38. Representation of agricultural interests before federal agencies.
The secretary of agriculture and natural resources shall have power to arrange, subject to approval of the Governor, for representation before legislative and administrative agencies of the federal government, at such times as it seems advisable and in the manner deemed most advantageous to the state, for the purpose of obtaining federal legislation or administrative rulings helpful to the agricultural interests of the country, either individually or cooperatively with another state or other states with like interests, or in cooperation with agricultural organizations.
Source: SL 1921, ch 190, § 5; SDC 1939, § 4.0104 (12); SL 1978, ch 281, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-38.1. Principles of state before federal government.
The State of South Dakota, its agencies and representatives shall adhere to the following principles whenever representing the State of South Dakota before the United States Congress, the President, the United States Department of Agriculture, or any other federal agency in any matter concerning the cattle industry:
(1) Federal beef import quotas should be broadened to cover all classification of cattle, beef, and beef products;
(2) Federal beef import quotas should be correlated with domestic beef production so that beef imports will increase when domestic production is low and decrease when domestic production is high;
(3) The federal government should require all imported beef and beef products to be clearly labeled so as to identify the country of origin;
(4) No meat may be imported into this country unless it meets federal meat inspection standards;
(5) Federal health inspection of imported live cattle should be at least as stringent as the import health inspection of the exporting country;
(6) The federal government should vigorously enforce all existing statutes and treaty restrictions against unfair international trade practices, such as beef export subsidies, rebates, and production credits.
Source: SL 1979, ch 261, § 2.
38-1-40. Prosecution by secretary of violations--Security for costs not required.
The secretary of agriculture and natural resources may make complaint against any person violating any of the provisions of the laws he is empowered to enforce or administer, before any court having jurisdiction, and security for costs shall not be required of the complainant in any action or proceeding instituted by him or under his authority for the purpose of such enforcement, and it shall be the duty of all prosecuting officers of this state to prosecute all actions or proceedings instituted by the secretary of agriculture and natural resources.
Source: SL 1925, ch 115, ch III, art V, § 3; SDC 1939, § 4.0105; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-44. Definition of terms.
Terms used in §§ 38-1-44 to 38-1-50, inclusive mean:
(1) "Farmer," the person responsible for planting a crop on, managing the crop, and harvesting the crop from land on which a patent infringement is alleged to have occurred; and
(2) "Transgenic organism," an organism that has been modified by genetic engineering to contain DNA from an outside source.
Source: SL 2002, ch 188, § 1.
38-1-45. Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
Before a person holding a patent on transgenic seed may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent:
(1) Shall notify the farmer in writing of the allegation that a patent infringement has occurred and request written permission to enter upon the farmer's land; and
(2) Shall obtain the written permission of the farmer.
The farmer shall grant or deny access within seven days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land.
Source: SL 2002, ch 188, § 2.
38-1-46. Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking.
If either party requests the secretary of agriculture and natural resources to provide for the collection of samples under § 38-1-45, or to participate in or conduct any other aspect of the sampling or analysis process, the secretary shall designate an employee or enter into an agreement with a person or entity to implement the specified activity as provided in rules under § 38-1-49. The person or entity may be, but is not required to be, an employee or agency of the State of South Dakota. The patent holder shall pay the fee charged by the department under rules promulgated pursuant to § 38-1-49. The farmer and the person holding the patent may each be present at any collection of samples conducted under §§ 38-1-44 to 38-1-50, inclusive, and each shall be notified of the time and location of the sample taking in a timely manner.
Source: SL 2002, ch 188, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-47. Patent holder may seek protection order--Limitations.
If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protection order from the circuit court. The protection order may not interrupt or interfere with normal farming practices, including harvest and tillage.
Source: SL 2002, ch 188, § 4.
38-1-48. Samples--Where taken.
The samples may be taken from a standing crop, from representative standing plants in the field, or from crops remaining in the field after harvest.
Source: SL 2002, ch 188, § 5.
38-1-49. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26, to determine the following sampling protocols:
(1) To determine who is authorized to collect samples or conduct related activity;
(2) To determine methods of sample storage;
(3) To establish standards for sampling, inspecting, analyzing, and testing seeds; and
(4) To implement fees to recover sampling and related costs.
Source: SL 2002, ch 188, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-1-50. Results to be sent to both parties by registered mail--Time.
The results of any testing conducted under §§ 38-1-44 to 38-1-50, inclusive, shall be sent by registered letter to either party by the other within thirty days after the results are reported from the testing laboratory.
Source: SL 2002, ch 188, § 7.
38-1-51. Information received by secretary not public records.
Data or financial information made or received by the secretary of agriculture and natural resources for the purpose of application for loans, marketing assistance, agricultural finance counseling, and farm loan mediation are not public records and are exempt from the provisions of § 1-27-1.
Source: SL 1997, ch 224, § 1; SDCL § 38-6-12; SL 2019, ch 235 (Ex. Ord. 19-1), § 52, eff. Apr. 14, 2019; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
