South Dakota Administrative Code

Rule 12:51:09:04 Attachment and disposition of certificates and permits. 12:51:09:04. Attachment and disposition of certificates and permits. The consignor must ensure that the certificate or permit authorizing intrastate or interstate movement of a regulated article is at all ti…

Rule 12:51:09:05 Costs. 12:51:09:05. Costs. The user is responsible for all costs arising from inspection, certification, and permitting of regulated articles. Procedures shall be conducted and costs shall be calculated in accordance with SDCL 38-24A-21. Source: 23 SDR 16, effect…

Rule 12:51:09:06 Cancellation of certificates, permits, or business agreements. 12:51:09:06. Cancellation of certificates, permits, or business agreements. Pursuant to SDCL chapter 1-26, any certificate, permit, or business agreement issued by the secretary may be canceled if the…

12:51:10:01. Definitions. Words and phrases defined in SDCL chapter 38-24A have the same meaning when used in this chapter. Terms used in this chapter mean: (1) "Firewood," tree parts in any measure or volume, whether for commercial or private purposes, that is intended to be bur…

Rule 12:51:10:02 Regulated insects. 12:51:10:02. Regulated insects. Emerald ash borer (Agrilus planipennis (Fairmaire)) is a regulated insect under SDCL 38-24A-6. Source: 45 SDR 84, effective December 19, 2018. General Authority: SDCL 38-24A-9. Law Implemented: SDCL 38-24A-6, 38-…

Rule 12:51:10:03 Regulated articles. 12:51:10:03. Regulated articles. The following articles that originate within the quarantine area are considered regulated articles: (1) The emerald ash borer, Agrilus planipennis (Fairmaire), in any living stage of development; (2) Entire ash…

Rule 12:51:10:04 Movement of regulated articles out of the quarantine area. 12:51:10:04. Movement of regulated articles out of the quarantine area. Regulated articles described in § 12:51:10:03 may be moved out of the quarantine area if each of the following conditions are met: (…

Rule 12:51:10:05 Movement of regulated articles through the quarantine area. 12:51:10:05. Movement of regulated articles through the quarantine area. The movement ofregulated articles, listed in § 12:51:10:03, originating from outside a quarantine area, through a quarantine area,…

12:51:10:06. Treatment of regulated articles. Regulated articles listed in § 12:51:10:03 may receive a permit from the secretary or a designated agent to authorize movement outside of the quarantine area. A permit will include specific treatment activities that must be performed …

Rule 12:51:10:07 Prohibited acts. 12:51:10:07. Prohibited acts. No person may transport, buy, sell, or offer for sale, in a manner contrary to § 12:51:10:04 or 12:51:10:05, any regulated article, as described in § 12:51:10:03. No person may move any regulated article from, into, …

Rule 12:51:10:08 USDA-APHIS-PPQ as a designated agent. 12:51:10:08. USDA-APHIS-PPQ as a designated agent. The USDA-APHIS-PPO is considered a designated agent as defined in SDCL subdivision 38-24A-1(2) working with the secretary to prevent the spread of emerald ash borer. As a des…

12:51:10:09. External embargoed articles. All regulated articles described in § 12:51:10:03 that originate from an external embargoed area, and that have not been treated as described in § 12:51:10:06, are embargoed, except when each of the following conditions are met: (1) The a…

Rule 12:53:01:01 Definitions. 12:53:01:01. Definitions. Words defined in SDCL 39-14-39 have the same meaning when used in this article. In addition, terms used in this article mean: (1) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources…

12:53:01:02. Guidelines for commercial feeds. The secretary shall follow the model bill and regulations from the 2023 Official Publication of the Association of American Feed Control Officials, Incorporated. The secretary shall insert the term "secretary of the Department of Agri…

Rule 12:53:01:03 Repealed. 12:53:01:03. Commodities exempt from the definition of commercial feed.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:04 Repealed. 12:53:01:04. Special purpose products to guarantee ingredients. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 2015, ch 204, § 44, effective July 1, 2015.

Rule 12:53:01:05 Repealed. 12:53:01:05. Exception to guidelines.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:06 Commercial feed stored in bulk to be labeled. 12:53:01:06. Commercial feed stored in bulk to be labeled. When a commercial feed is stored in bulk bins or other containers, the label shall be placed on or affixed to the container. When a commercial feed is distrib…

Rule 12:53:01:07 Repealed. 12:53:01:07. Designation of secretary pursuant to Reg 3(f) Official Publication of American Feed Control Officials, Incorporated.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:08 Water to be listed as ingredient when part of liquid protein supplement. 12:53:01:08. Water to be listed as ingredient when part of liquid protein supplement. Water shall be listed as an ingredient when it is part of a liquid protein supplement. Source: SL 1975, …

Rule 12:53:01:09 Liquid feed labels to state guarantees for maximum moisture content. 12:53:01:09. Liquid feed labels to state guarantees for maximum moisture content. The labels of feeds shall state the maximum moisture content when the moisture content exceeds 20%. The labels t…

Rule 12:53:01:10 Weed seed tolerance in commercial feeds. 12:53:01:10. Weed seed tolerance in commercial feeds. All screenings or byproducts of grains and seeds containing prohibited or restricted weed seeds, as defined in chapter 12:36:03, when used in commercial feed or sold as…

Rule 12:53:01:11 Repealed. 12:53:01:11. The term secretary of agriculture inserted in regulations.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:12 Requirements for direct-fed microbial products. 12:53:01:12. Requirements for direct-fed microbial products. A commercial feed that is a direct-fed microbial product must meet the following requirements: (1) The product meets the particular fermentation product d…

Rule 12:53:01:13 Commercial feed tonnage inspection fee. 12:53:01:13. Commercial feed tonnage inspection fee. Subject to the provisions and exceptions in SDCL 39-14-43, the tonnage inspection fee for commercial feeds is ten cents a ton. Source: 19 SDR 198, effective July 1, 1993;…

Rule 12:53:01:14 Repealed. 12:53:01:14. Format of advisory statements on labels of ruminant livestock feeds. Repealed. Source: 28 SDR 12, effective August 8, 2001; SL 2018, ch 246, § 3, effective July 1, 2018.

Rule 12:53:01:15 Repealed. 12:53:01:15. Handling or storage of prohibited animal protein products in facilities that manufacture ruminant livestock feeds. Repealed. Source: 28 SDR 12, effective August 8, 2001; SL 2018, ch 246, § 4, effective July 1, 2018.

Rule 12:53:01:16 Repealed. 12:53:01:16. Handling or storage of prohibited animal protein products by persons that transport or store ruminant livestock feeds. Repealed. Source: 28 SDR 12, effective August 8, 2001; 28 SDR 119 effective March 3, 2002; SL 2018, ch 246, § 5, effectiv…

Rule 12:53:01:17 Disposition of spilled feed products. 12:53:01:17. Disposition of spilled feed products. Any person who stores, handles, or transports packaged feed products containing prohibited animal proteins must dispose of any spilled feed materials in an appropriate manner…

Rule 12:53:01:18 Maximum sulfur percentage required on label of distillers products and corn gluten feed. 12:53:01:18. Maximum sulfur percentage required on label of distillers products and corn gluten feed. The label of distillers products and corn gluten feed, as defined in the…

Rule 12:53:02:01 Initiation of contested case hearing. 12:53:02:01. Initiation of contested case hearing. A person whose application for registration of commercial feed is refused or whose registration of commercial feed is cancelled may request a contested case hearing regarding…

Rule 12:53:02:02 Contested case hearing. 12:53:02:02. Contested case hearing. A contested case hearing shall be held by the secretary or a hearing examiner appointed by him within 30 days after the receipt of a sufficient request. Source: 9 SDR 81, effective December 26, 1982; 12…

Rule 12:53:02:03 Final decision. 12:53:02:03. Final decision. The secretary shall issue a final decision in a contested case hearing within 20 days after the hearing. The secretary may take an additional 10 days to issue his final decision upon written notice to all parties. Sour…

Rule 12:53:02:04 Amendment of application of registration. 12:53:02:04. Amendment of application or registration. The secretary shall allow a person whose application for registration of commercial feed is refused or whose registration of commercial feed is cancelled to amend the…

Rule 12:56:01:01 Definitions. 12:56:01:01. Definitions. Terms defined in SDCL 38-21-14 have the same meaning in this article. As used in this article: (1) "Incident" means an event caused by the use of a pesticide; (2) "Act" means the Federal Insecticide, Fungicide, and Rodentici…

Rule 12:56:02:01 Permissible disposal procedures. 12:56:02:01. Permissible disposal procedures. Pesticides may be disposed of as follows: (1) Using them for the legal purposes originally intended, at the prescribed dosage; (2) Returning the pesticides to the manufacturer for pote…

Rule 12:56:02:02 Prohibited storage and disposal procedures. 12:56:02:02. Prohibited storage and disposal procedures. No person may dispose of or store or receive for disposal or storage any pesticide or pesticide container or pesticide container residues as follows: (1) So as to…

Rule 12:56:02:03 Repealed. 12:56:02:03. Procedures for disposal of pesticides -- Exceptions. Repealed. Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 20…

Rule 12:56:02:04 Repealed. 12:56:02:04. Procedures for the disposal of organic mercury, lead, cadmium, arsenic, beryllium, selenium, and all inorganic pesticides. Repealed. Source: 1 SDR 65, effective March 27, 1975; 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, …

Rule 12:56:02:04.01 Disposal of pesticides identified as hazardous wastes. 12:56:02:04.01. Disposal of pesticides identified as hazardous wastes. Any pesticide which has been identified as a hazardous waste by § 74:28:22:01 shall be treated, stored, and disposed of in accordance …

Rule 12:56:02:05 Disposal of pesticide containers and residues. 12:56:02:05. Disposal of pesticide containers and residues. All pesticide containers that have been triple rinsed shall be disposed of according to one or more of the following procedures: (1) Return to the manufactu…

Rule 12:56:02:06 Procedures for disposal of pesticide residue. 12:56:02:06. Procedures for disposal of pesticide residue. Residue and rinse liquids which are not added to spray mixtures in the field shall be disposed of in the manner prescribed for each specific type of pesticide…

Rule 12:56:02:07 Exemption for disposal of single containers. 12:56:02:07. Exemption for disposal of single containers. Sections 12:56:02:01 to 12:56:02:06, inclusive, do not apply to pesticides and single containers of pesticides designed for use in the home and garden if dispos…

Rule 12:56:02:08 Repealed. 12:56:02:08. Storage facilities.Repealed. Source: 1 SDR 65, effective March 27, 1975; 4 SDR 23, effective October 20, 1977; 12 SDR 96, repealed December 8, 1985.

Rule 12:56:03:01 Transportation by commercial carriers. 12:56:03:01. Transportation by commercial carriers. Pesticides transported by commercial carriers shall be packaged in the manufacturer's original container. Pesticides which are identified as hazardous materials shall compl…

Rule 12:56:03:01.01 Spills during transport. 12:56:03:01.01. Spills during transport. The commercial carrier shall notify the department or division of emergency and disaster services within 12 hours after the spill of more than 5 gallons of liquid or 50 pounds of dry pesticide w…

Rule 12:56:03:02 Pesticides to be isolated during transportation. 12:56:03:02. Pesticides to be isolated during transportation. Pesticides shall not be transported by a commercial carrier in the same compartment of the vehicle with clothes, food, feed, or other material intended …

Rule 12:56:03:03 Transportation of bulk pesticides. 12:56:03:03. Transportation of bulk pesticides. A bulk pesticide storage container being transported shall comply with department of commerce and regulation requirements in § 61:23:01:02 and shall be secured to prevent significa…

12:56:04:01. Agricultural plant pest control. Commercial applicators using pesticides on lands used in the production of agricultural commodities, including grains, soybeans, forage, vegetables, small fruits, tree fruits, and nuts, or feed and forage crops, grasslands and non-cro…

12:56:04:02. Agricultural livestock pest control. Commercial applicators using pesticides on animals, including beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and other livestock or at places on or in which animals are confined, must be certified for agricultura…