CHAPTER 38-29

SOYBEAN RESEARCH AND PROMOTION COUNCIL

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38-29-12      Repealed.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.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-1Definitions.

Terms used in this chapter, unless the context plainly otherwise requires, mean:

(1)    "Council," the South Dakota Soybean Research and Promotion Council;

(2)    "First purchaser," any person who initially places soybeans, whether as an owner or agent, into the channels of trade and commerce, or who is engaged in the processing of soybeans into any form. However, a grower who sells unharvested soybeans, or delivers soybeans from the farm on which they are produced to storage facilities, packing shed, or processing plant, within the state, is not a first purchaser;

(3)    "Grower," any person who plants, raises, and harvests soybeans from more than ten acres;

(4)    "Participating grower," a grower who has not requested a refund from the payment of assessments on soybean production under this chapter for a particular year and any person who owns or operates an agricultural producing or growing facility for soybeans and shares in the profits and risks of loss from such operation, and who produces soybeans in South Dakota during the current or preceding marketing year;

(5)    "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources;

(6)    "Soybean," all varieties of soybeans marketed or harvested within the state;

(7)    "Net market price," the sale price received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors.

Source: SL 1984, ch 267, § 1; SL 1985, ch 314, § 8; SL 2007, ch 229, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-2Soybean Research and Promotion Council--Establishment--Members--Terms.

There is hereby established a South Dakota Soybean Research and Promotion Council. The council shall be composed of at least five but no more than nine members who shall be participating growers. The initial members shall be appointed by the secretary of agriculture and natural resources. Any additional members authorized pursuant to this section shall be appointed by the secretary of agriculture and natural resources. The terms of members shall be three years; the initial appointments shall be for staggered terms. However, the secretary shall be an ex officio, nonvoting member of the council.

Source: SL 1984, ch 267, § 2; SL 1992, ch 285, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-3Election of members.

Successors to the initial members and to any additional members appointed pursuant to § 38-29-2 shall be elected by the participating growers under rules promulgated pursuant to chapter 1-26 by the secretary of agriculture and natural resources.

Source: SL 1984, ch 267, § 3; SL 1992, ch 285, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-4Vacancies--Appointments to fill.

If a member of the council ceases to be a participating grower, dies or resigns from office prior to the expiration of his term, the secretary of agriculture and natural resources shall appoint a successor for the balance of the term of office vacated.

Source: SL 1984, ch 267, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-5Officers--Quorum--Meetings.

The soybean research and promotion council shall annually elect a chairman and vice-chairman. A majority of voting members shall constitute a quorum. All meetings of the council shall be called by the chairman except special meetings may be called by three members of the council. The council shall adopt procedures for the calling of special meetings.

Source: SL 1984, ch 267, § 5.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-6Checkoff fees deposited into special fund--Appropriation--Expenditures.

Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and shall be continuously appropriated to the soybean research and promotion council. Expenditures of these funds shall be made in accordance with the provisions of Title 4.

Source: SL 1984, ch 267, § 6.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-7Powers of council.

The Soybean Research and Promotion Council may:

(1)    Enter into contracts, including loans and grants, and cooperate with any person, any local, state, or national organization, whether public or private, or with any governmental department or agency for the discovery, promotion, development, and expansion of domestic and export markets and industries and for research, education, and transportation;

(2)    Expend the funds collected pursuant to this chapter and appropriated for its administration;

(3)    Appoint, bond, employ, discharge, fix compensation for, and prescribe the duties of such personnel as it deems necessary;

(4)    Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the council;

(5)    Lease, purchase, own, maintain, operate, and dispose of equipment and supplies necessary to carry out the provisions of this chapter;

(6)    Formulate policies and programs regarding the discovery, promotion, and development of markets and industries for the use of soybeans grown within the state.

Source: SL 1984, ch 267, § 7; SL 1995, ch 233, § 1; SL 2007, ch 229, § 2.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-7.1Promulgation of rules.

The council may promulgate rules pursuant to chapter 1-26 concerning:

(1)    The procedures for obtaining a declaratory ruling;

(2)    The procedures for assessments collected for soybeans grown or sold to a first purchaser;

(3)    The procedures for obtaining a refund of the assessment;

(4)    The procedures for collecting delinquent assessments and assessing penalties;

(5)    The record-keeping and reporting requirements of first purchasers; and

(6)    The requirements governing grants and loans made pursuant to § 38-29-7, including eligibility requirements and requirements for application, awards, and administration.

Source: SL 1986, ch 326, § 59; SL 1995, ch 233, § 2.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-8Assessment on soybeans grown in state or sold to first purchaser within state--Rate--Exemption for organic soybeans.

An assessment at the rate of one-half of one percent of the value of the net market price is imposed by the soybean research and promotion council upon all soybeans grown in the state or sold to a first purchaser within the state. This assessment is due upon any identifiable lot or quantity of soybeans. Any soybean producer operating under a national organic program approved by the United States Department of Agriculture who produces and markets only commodities that may be labeled, one hundred percent organic, is eligible for exemption from paying the soybean assessment.

Source: SL 1984, ch 267, § 8; SL 1985, ch 314, § 9; SL 1985, ch 315; SL 2007, ch 229, § 3.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-9Collection of assessment.

Any first purchaser of soybeans shall collect the assessment imposed by this chapter by deducting the assessment from the purchase price of all soybeans subject to the assessment and purchased by the first purchaser.

Source: SL 1984, ch 267, § 9; SL 1985, ch 314, § 10.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-9.1Assessment conditioned on repeal of National Soybean Promotion, Research, and Consumer Information Act.

The assessment authorized pursuant to §§ 38-29-8 and 38-29-9 may be imposed and collected only if the National Soybean Promotion, Research, and Consumer Information Act, 7 U.S.C. §§ 6301-6311, as amended to January 1, 2007, is repealed.

Source: SL 2007, ch 229, § 6.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-10Application by first purchaser required.

Any first purchaser of soybeans shall file an application with the Soybean Research and Promotion Council on forms prescribed and furnished by the council which shall contain the name under which the first purchaser is transacting business within the state, his place of business and the location of loading places of the first purchaser.

Source: SL 1984, ch 267, § 10; SL 1985, ch 314, § 11.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-11Records and reports--Remittance of assessment.

Any first purchaser shall keep as a part of his permanent records a record of all purchases of raw soybeans, which may be examined by the soybean research and promotion council at any reasonable time. Every first purchaser shall report to the council stating the quantity of soybeans received by him. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the council pursuant to administrative rules promulgated pursuant to chapter 1-26.

Source: SL 1984, ch 267, § 11; SL 1985, ch 314, § 12.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-11.1Enforcement against first purchaser failing to remit assessments.

If a first purchaser fails to remit the assessment provided in this chapter, the soybean council may enforce collection in any appropriate court within this state.

Source: SL 1985, ch 314, § 14.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL 38-29-12
     38-29-12.   Repealed by SL 2007, ch 229, § 4.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-13Information and instructions to be disseminated by council.

The Soybean Research and Promotion Council, to inform the grower, shall develop and disseminate information and instructions relating to the purpose of the soybean assessment and to this extent shall cooperate with governmental agencies, state and federal, and private businesses engaged in the purchase of soybeans.

Source: SL 1984, ch 267, § 13; SL 2007, ch 229, § 5.




SDLRC - Codified Law 38-29 - SOYBEAN RESEARCH AND PROMOTION COUNCIL

38-29-14Council may contract with Public Utilities Commission to inspect assessment and checkoff records.

The council may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the amount the council shall reimburse the Public Utilities Commission for the inspections.

Source: SL 1996, ch 245, § 3; SL 2009, ch 196, § 3.