South Dakota Administrative Code

Rule 12:41:03:09 Denial of permanent permits whose purpose is securing territory. 12:41:03:09. Denial of permanent permits whose purpose is securing territory. The secretary may disapprove applications and may revoke permits for permanent locations if the secretary determines tha…

Rule 12:41:03:10 Revocation of permits. 12:41:03:10. Revocation of permits. Bee location permits may be revoked if the locations do not have colonies of bees located on them and they are not used for honey production two out of the last five honey producing seasons. Beekeepers mu…

Rule 12:41:03:11 Repealed. 12:41:03:11. Limited permits.Repealed. Source: 15 SDR 197, effective June 25, 1989; repealed, 17 SDR 188, effective June 11, 1991.

Rule 12:41:04:01 Frequency of inspection. 12:41:04:01. Frequency of inspection. Every honey house and apiary may be inspected yearly or more often as required by the secretary. Source: 3 SDR 38, effective November 38, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 15…

Rule 12:41:04:02 Number of colonies to be inspected. 12:41:04:02. Number of colonies to be inspected. Ten percent of the total colonies in an apiary or a minimum of five colonies unless fewer exist in the apiary shall be inspected. If a regulated pest is found, the secretary may …

Rule 12:41:04:03 Laboratory tests. 12:41:04:03. Laboratory tests. An inspector may take a sample of bees or material from a hive suspected of containing a regulated pest. Such samples shall be submitted to the state health laboratory or to the secretary to test for the presence o…

Rule 12:41:04:04 Method for obtaining bee samples. 12:41:04:04. Method for obtaining bee samples. Sampling of bees for examination shall be done in the following manner: (1) A composite sample shall be collected from each apiary selected for inspection; (2) Samples shall be rando…

Rule 12:41:04:05 Repealed. 12:41:04:05. Bees infested with tracheal mite considered apparently free after treatment. Repealed. Source: 15 SDR 20, effective August 8, 1988; transferred from § 12:41:07:02.01, effective 15 SDR 197, June 25, 1989; repealed, 37 SDR 18, effective Augus…

Rule 12:41:04:06 Bees infested with varroa mite considered apparently free after treatment. 12:41:04:06. Bees infested with varroa mite considered apparently free after treatment. Bees that have a varroa mite infestation as determined by an alcohol wash, ether roll, or powdered s…

Rule 12:41:05.01:01 Doors and windows. 12:41:05.01:01. Doors and windows. Doors, windows, or other openings to the honey house shall be constructed in a manner that prevents the entry of insects and rodents. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effec…

Rule 12:41:05.01:02 Ventilation. 12:41:05.01:02. Ventilation. Appliances and equipment shall be installed and operated in a manner that prevents the accumulation of dust, odors, and gasses. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.…

Rule 12:41:05.01:03 Lighting. 12:41:05.01:03. Lighting. Honey houses shall be lighted to permit safe operation. Lights shall be constructed and located so that honey is protected from contamination through the breakage of light bulbs and other glass fixtures. Source: 11 SDR 1, ef…

Rule 12:41:05.01:04 Interior walls, ceilings, and floors. 12:41:05.01:04. Interior walls, ceilings, and floors. The interior walls, ceilings, and floors of the honey house shall be constructed of a washable material. Dirt floors are not permitted in any room where honey is handle…

Rule 12:41:05.01:05 Water supply. 12:41:05.01:05. Water supply. A supply of clean water shall be provided for the cleaning of equipment and premises. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986. General Authority: SDCL 38-18-12, 38-18…

Rule 12:41:05.01:06 Toilet and washroom facilities. 12:41:05.01:06. Toilet and washroom facilities. All honey houses shall have toilet and washroom facilities located either on the premises or within walking distance. Toilet facilities shall be completely enclosed. A sink with ho…

Rule 12:41:05.01:07 Honey house premises. 12:41:05.01:07. Honey house premises. Honey houses and the immediate premises shall be kept clean and free of conditions that attract or permit the harborage of insects and rodents. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 1…

Rule 12:41:05.01:08 Honey house interior. 12:41:05.01:08. Honey house interior. The interior of the honey house shall be kept free of insects and rodents. Honey bees brought into or attracted to the honey house shall be abated. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 12…

Rule 12:41:05.01:09 Honey supers. 12:41:05.01:09. Honey supers. Honey supers shall be stored in a manner that is inaccessible to bees or other insects and rodents, and kept clean and they shall be free from contamination from pesticides and other harmful chemicals. Source: 11 SDR…

Rule 12:41:05.01:10 Equipment. 12:41:05.01:10. Equipment. Equipment used for handling, extracting, or bottling of honey shall be kept clean and sanitary. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986. General Authority: SDCL 38-18-12, 3…

Rule 12:41:05.01:11 Protection of honey. 12:41:05.01:11. Protection of honey. Honey shall be protected from dust, dirt, insects, rodents, pesticides, or other contamination during extracting, bottling, and storage. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154…

Rule 12:41:05.01:12 Containers. 12:41:05.01:12. Containers. Honey may be placed only in clean and sanitary containers and only in containers either intended or previously used for human food. Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 198…

Rule 12:41:05.01:13 Pest control. 12:41:05.01:13. Pest control. Only registered pesticides or approved methods may be used within the honey house for control of pests. The use, storage, application, and disposal of chemicals in any form shall be performed in accordance with label…

Rule 12:41:06:01 Initiation of contested case hearing. 12:41:06:01. Initiation of contested case hearing. A person whose application for an entry permit or for a location is refused, whose location permit is cancelled, who has another beekeeper applying for a location within thre…

Rule 12:41:06:02 Repealed. 12:41:06:02. Contested case hearing. Repealed. Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 37 SDR 18, effective August 18, 2010.

Rule 12:41:06:03 Repealed. 12:41:06:03. Final decision. Repealed. Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 37 SDR 18, effective August 18, 2010.

Rule 12:41:06:04 Amendment of application or registration. 12:41:06:04. Amendment of application or registration. A person whose application for an entry permit or for a location is refused or whose permit for a location is cancelled may amend the application to bring it into com…

Rule 12:41:07:01 Repealed. 12:41:07:01. Entrance permits denied for bees from states infested with Africanized bees. Repealed. Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective Janua…

Rule 12:41:07:01.01 Repealed. 12:41:07:01.01. Entrance permits for bees from states free from Africanized bees. Repealed. Source: 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

Rule 12:41:07:01.02 Repealed. 12:41:07:01.02. Entrance permits for bees from states infested with Africanized bees. Repealed. Source: 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

Rule 12:41:07:01.03 Repealed. 12:41:07:01.03. Dated sales receipt needed for European queens or cells for honey bees originating from known Africanized areas. Repealed. Source: 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

Rule 12:41:07:02 Repealed. 12:41:07:02. Entrance permits for bees with tracheal mite.Repealed. Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective January 29, 1988; 15 SDR 197, effecti…

Rule 12:41:07:02.01 Transferred. 12:41:07:02.01. Transferred to § 12:41:04:05.

Rule 12:41:07:03 Transferred. 12:41:07:03. Transferred to § 12:41:04:04.

Rule 12:41:07:04 Repealed. 12:41:07:04. Entrance permits for bees from tracheal mite-free states.Repealed. Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective January 25, 1988; 15 SDR …

Rule 12:41:07:05 Repealed. 12:41:07:05. Bee colony history required of unregistered keepers and bees.Repealed. Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 99, effective January 25, 1988; repealed, 26 SDR 1, effective July 18, …

Rule 12:41:07:06 Repealed. 12:41:07:06. Entrance permits for bees from states free from varroa mite.Repealed. Source: 15 SDR 20, effective August 8, 1988; repealed, 26 SDR 1, effective July 18, 1999.

Rule 12:41:07:07 Entrance permits for bees in colonies from states infested with varroa mite. 12:41:07:07. Entrance permits for bees in colonies infested with varroa mite. Entrance permits may be issued for bees in colonies infested with varroa mite only after the bees are certif…

Rule 12:41:07:08 Repealed. 12:41:07:08. Entrance permits for bees in colonies infested with varroa mite. Repealed. Source: 15 SDR 20, effective August 8, 1988; 17 SDR 188, effective June 11, 1991; 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

Rule 12:41:07:09 Entrance permits for bees from states infested with American foulbrood. 12:41:07:09. Entrance permits for bees in colonies infested with American foulbrood. Entrance permits may be issued for bees in colonies from states infested with American foulbrood only afte…

Rule 12:41:07:10 Entrance permits for queen bees and bees in combless packages. 12:41:07:10. Entrance permits for queen bees and bees in combless packages. Entrance permits for queen bees and bees in combless packages from states infested with varroa mite may be issued if parent …

Rule 12:41:07:11 Entrance permits for bees on comb, combless packages, queens, and equipment from states infested with small hive beetle. 12:41:07:11. Entrance permits for bees on comb from states infested with small hive beetle. Entrance permits may be issued for any bees from a…

Rule 12:41:07:12 Entrance permits for bees included in a compliance agreement. 12:41:07:12. Entrance permits for bees included in a compliance agreement. An entrance permit may be issued for bees in colonies which have been inspected in South Dakota within twelve months before en…

Rule 12:44:03:01 Requirements for storage and handling of anhydrous ammonia. 12:44:03:01. Requirements for storage and handling of anhydrous ammonia. The requirements for storage and handling of anhydrous ammonia are those contained in 29 C.F.R. § 1910.111, July 1, 2010, The Amer…

Rule 12:44:05:01 Definitions. 12:44:05:01. Definitions. Terms defined in SDCL 38-19-1 have the same meaning in this chapter. In addition, terms used in this chapter mean: (1) "Bulk commercial fertilizer storage facility," any area, location, tract of land, building, structure, or…

Rule 12:44:05:02 Permanent liquid bulk commercial fertilizer storage containers. 12:44:05:02. Permanent liquid bulk commercial fertilizer storage containers. Individual permanent liquid bulk commercial fertilizer storage containers, except anhydrous ammonia storage containers, ca…

Rule 12:44:05:03 Liquid bulk commercial fertilizer storage facility construction. 12:44:05:03. Liquid bulk commercial fertilizer storage facility construction. A person may not construct a liquid bulk commercial fertilizer storage facility for the storage of permanent liquid bulk…

Rule 12:44:05:04 Repealed. 12:44:05:04. Exemptions. Repealed. Source: 15 SDR 194, effective July 1, 1989; repealed, SL 2015, ch 204, § 40, effective July 1, 2015.

Rule 12:44:05:05 Repealed. 12:44:05:05. Alternative means for second bottom for containers with the capacity of 100,000 gallons or more. Repealed. Source: 15 SDR 194, effective July 1, 1989; repealed, SL 2015, ch 204, § 41, effective July 1, 2015.

Rule 12:44:05:06 Nonliquid bulk commercial fertilizer secondary containment. 12:44:05:06. Nonliquid bulk commercial fertilizer secondary containment. Unless stored in a totally enclosed building, all nonliquid fertilizer materials must be covered and stored within a secondary con…

Rule 12:44:05:07 Secondary containment. 12:44:05:07. Secondary containment. Secondary containment constructed after July 1, 1989, must be constructed according to professional engineering practices, which include the following: (1) The walls and base must be constructed by means …