39-1-17 Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, an...
Preemption of local regulation of certain seed, commercial fertilizer, commercial
feed, animal remedies, and pesticide.
The provisions of South Dakota law and rules preempt any
local legislation adopted by any political subdivision of the state that is related to the production, use,
advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification,
registration, application, planting, or disposal of seed as defined in § 38-12A-1, commercial fertilizer
as defined in § 38-19-1, commercial feed as defined in § 39-14-39, animal remedies as defined in
§ 39-18-1, and pesticide as defined in § 38-20A-1. No political subdivision may adopt or continue
in effect any such local legislation regardless of whether a statute or a rule adopted by the state
specifically preempts the local legislation. Local legislation in violation of this section is void and
unenforceable. For purposes of this section, the term, local legislation, means any ordinance, motion,
resolution, amendment, regulation, or rule adopted by a political subdivision of the state.
Back to Chapter 39-1
Nothing in this section preempts or otherwise limits the authority of any county or municipality
to adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions.
Source: SL 2006, ch 210, § 1.
Get Chapter 39-1