37-4A-1      Definition of terms.
37-4A-2      Resolution by mediation.
37-4A-3      Liability of contractor.
37-4A-4      Good faith--Damages for violation.

37-4A-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Agricultural commodity," any material produced for use as food, feed, seed, or fiber and includes fiber crops, food crops, oilseeds, seeds, livestock, livestock products, poultry, poultry products, and other farm products. The term, agricultural commodity, does not include timber or trees;

(2)    "Contractor," any person who, in the ordinary course of business, contracts with a producer to grow or raise agricultural commodities in this state; and

(3)    "Producer," any person who produces or causes to be produced an agricultural commodity in a quantity beyond the person's own family use and is able to transfer title to another or who provides management, labor, machinery, facilities, or any other production input for the production of an agricultural commodity.

Source: SL 1997, ch 277, § 1.

37-4A-2. Resolution by mediation.

Any contract for an agricultural commodity, of more than one year duration, between a contractor and a producer shall contain language attempting to provide for resolution of contract disputes by mediation. Either party to a contract may initiate mediation services, as specified in the contract, to facilitate resolution of the dispute. Mediation shall be completed within forty-five days unless both parties agree to extend the time period, or the parties shall be released. No party may proceed to litigation until an attempt has been made to mediate the dispute.

Source: SL 1997, ch 277, § 2.

37-4A-3. Liability of contractor.

Any mediation or litigation to resolve a contract dispute shall apply the substantive contract law of the State of South Dakota.

Source: SL 1997, ch 277, § 3.

37-4A-4. Good faith--Damages for violation.

There is an implied promise of good faith as defined in subdivision 57A-1-201(19), by all parties to any agricultural contract. In any action to recover damages, if the court or a jury finds that there has been a violation of this provision, in addition to other damages authorized by law, attorney fees may be awarded.

Source: SL 1997, ch 277, § 4.