Title 38 — AGRICULTURE AND HORTICULTURE

Terms used in this chapter mean: (1) "Apiary," any place where one or more colonies of bees are kept; (2) "Appliances," any apparatus, tools, machines, or other devices, used in the handling and manipulating of bees, honey, wax, and hives. The term includes containers of honey an…

Any colony or apiary infested with a regulated pest is a public nuisance. The owner or person in charge of maintaining an apiary shall, upon finding that a regulated pest is present in the apiary, immediately treat the regulated pest or destroy or remove the infested apiary or up…

No person may expose any bees, bee equipment, or appliances infected with pests in a manner or in a place where the pest could be transmitted or disseminated to other bees or bee equipment. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalt…

The secretary shall establish an apiary and a honey house inspection program. The secretary shall employ personnel to investigate outbreaks of pests and take suitable measures for their eradication or control. The secretary may enter into compliance agreements or memorandums of u…

It is a Class 1 misdemeanor for any person to knowingly give false or incomplete information in any application or permit required by this chapter or to resist, impede, or hinder the secretary in the discharge of his duties pursuant to this chapter. Source: SL 1947, ch 6 , § 6; S…

The secretary may enter any private or public premises on which an apiary or any bee equipment is located to ascertain the existence of pests or regulated pests. Source: SL 1947, ch 6 , § 3; SL 1959, ch 2 , § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243 , § 9; SL 1986, ch 330 , § …

If an apiary is inspected, a certificate of inspection shall be issued. The certificate of inspection shall indicate the findings of the inspector. If the apiary is found to be apparently free of regulated pests and to be in compliance with the provisions of this chapter, a certi…

If any regulated pest is found to exist in an apiary, the secretary shall issue a written order to the person owning or in charge of the bees that the apiary or regulated pest shall be treated, destroyed or removed in a manner and time specified by the secretary. If the specified…

Any owner of an apiary who has been ordered to treat, destroy, or remove an apiary or regulated pest pursuant to § 38-18-16 , may request a hearing pursuant to chapter 1-26 before the date specified in the order. The request shall stay the effective date of the order unless the s…

Any person who fails to comply with a written notice pursuant to § 38-18-16 is strictly liable to the department for all costs accrued to the secretary for the destruction of the exotic bees, regulated pest, or apiary. Source: SL 1986, ch 330 , § 21. 38-18-17. Repealed by SL 1986…

38-18-18

38-18-19 Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary. 38-18-20 Written order to place honey house in sanitary condition--Failure to obey as misdemeanor. 38-18-21 Certificate of health …

The secretary may place any apiaries, bees, bee equipment, bee products, honey houses, or appliances where regulated pests are found to exist under quarantine. The removal or handling of any quarantined bees, apiaries, bee equipment, honey houses, or appliances without the writte…

38-18-3 Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty. 38-18-3.1 Minimum distance between apiaries--Beekeepers except…

If the secretary determines, pursuant to rules promulgated pursuant to the provisions of chapter 1-26 , that unsanitary conditions exist in the operation of any honey house, the secretary shall order the operator of the honey house in writing to place the honey house in a sanitar…

All bees and used bee equipment brought into this state from other states shall be accompanied by a certificate of health issued by that state or a compliance agreement with this state. The certificate of health shall comply with §

38-18-23 Certificate of health--Content--Based on actual inspection. 38-18-24

The certificate of health shall certify to the apparent freedom from regulated pests, and shall be based on actual inspection of bees and material within ninety days of the date of shipment. Source: SL 1947, ch 6 , § 11; SL 1959, ch 2 , § 7; SDC Supp 1960, § 4.1111; SL 1976, ch 2…

38-18-25 Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs. 38-18-26 Certificate of inspection required to trans…

Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees are found by the secretary to be infested by a regulated pest, the secretary may forthwith destroy the bees and bee equipment or may order treatment…

No person may sell, offer for sale, give away, or transfer ownership of any apiary, bees, or used bee equipment within this state without receiving a certificate of inspection from the secretary issued within six months prior to the disposition. The seller or giver shall issue a …

Any person may request to enter into a compliance agreement with the secretary or that the secretary make additional inspections of bees, bee equipment, or honey houses. The person requesting the agreement shall pay a fee of fifty dollars per compliance agreement. If an inspectio…

The secretary, pursuant to the provisions of chapter 1-26 , may promulgate rules consistent with the following: (1) To provide application forms and guidelines for location and colony registration and entrance permits; (2) To provide standards to allow apiaries to be located with…

The secretary may promulgate rules, pursuant to the provisions of chapter 1-26 , establishing restrictions on movement of bees or any other related article from a quarantined area within or without the state to any other area within or without the state. Such rules shall include …

38-18-30

Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiar…

Unless permitted by the secretary, no apiary may be located within three miles of any other apiary. However, any beekeeper who owns property may locate an apiary anywhere on that property. Source: SL 1976, ch 243 § 19; SL 1986, ch 326 , § 23; SL 1986, ch 330 , § 3. 38-18-3.2. Rep…

38-18-3.3 Identification of apiary--Violation as misdemeanor. 38-18-3.4 Abandoned apiary--Destruction, treatment or seizure of bees and equipment. 38-18-4 Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty. 38-18-5 Regi…

Any person owning an apiary shall place a prominent sign within the apiary, with the name, address, and telephone number of the person in charge of maintaining the apiary. Any person who fails to identify an apiary as provided in this section is guilty of a Class 2 misdemeanor. S…

The failure to file an application registering an apiary pursuant to § 38-18-3 , or the failure to identify a location pursuant to § 38-18-3.3 , constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secr…

38-18-31 Promotion of honey and by-products. 38-18-32 Definitions. 38-18-33 Honey industry fund. 38-18-34 Administration of honey industry fund--Donation--Expenditures. 38-18-35 Promulgation of rules for honey industry fund. 38-18-36 Annual honey assessment. 38-18-37 Disseminatio…

The department may engage in activities provided for in § 38-18-34 for the purpose of promoting the processing, marketing, sale, and consumption of honey and honey by - products produced in this state. Source: SL 1991, ch 324 , § 2.

Terms used in §§ 38-18-31 to 38-18-37 , inclusive, mean: (1) "Bee location," any quarter section or smaller portion of land where apiaries may be kept; (2) "Department," the Department of Agriculture and Natural Resources; (3) "Honey producer" or "beekeeper," any person, firm or …

Funds collected pursuant to §§ 38-18-31 to 38-18-37 , inclusive, shall be deposited with the state treasurer in a special fund known as the honey industry fund. Expenditures of these funds shall be made pursuant to the provisions of chapter 4-7 . Source: SL 1991, ch 324 , § 3.

In the administration of §§ 38-18-31 to 38-18-37 , inclusive, the department may: (1) Contract and cooperate with any person or group for the administration of the honey industry fund; (2) Contract and cooperate with any person or with any governmental department or agency for re…

The department may promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for collecting assessments for bee locations; (3) The procedures for collecting delinquent assessments; (4) The record - keeping and …

There is hereby imposed upon each bee location within the state, at the time of registration, a continuing annual assessment of one dollar per location. The Department of Agriculture and Natural Resources shall collect and deposit the funds in the honey industry fund. Source: SL …

The department shall develop and disseminate information and instruction relating to the purpose of the honey assessment and to this purpose shall cooperate with state and federal governmental agencies and private businesses engaged in the purchase of honey. Source: SL 1991, ch 3…

Thirty days before transporting bees or used bee equipment not included in a compliance agreement into the state, a person shall file with the secretary an application for an entrance permit. A certificate of health, pursuant to § 38-18-23 , shall be filed with the secretary prio…

Any person registering an apiary pursuant to § 38-18-3 shall pay a registration fee of sixteen dollars per permanent location and forty dollars per temporary location. Source: SDC Supp 1960, § 4.1104 as enacted by SL 1963, ch 4 ; SL 1965, ch 5 ; SL 1975, ch 249 ; SL 1976, ch 243 …

Except as provided by § 38-18-36 , fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the apiary fund. This fund shall consist of moneys from public and private sources including legislative appropriations, feder…

38-18-7

38-18-8 Movable frames required in hives--Violation as misdemeanor. 38-18-9 Sealing of diseased hives required--Violation as misdemeanor--Additional penalty. 38-18-10 Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdeme…

Any person engaged in beekeeping shall provide movable frames in all hives in their apiary, and cause the bees to construct brood combs in the frames so that any of the frames may be removed from the hive without causing injury to other combs in the hive. Any violation of this se…

Any hive which is infested with pests and in which the bees have died, shall be made tight so that robber bees cannot enter or leave the hive. The sealing of the hive shall be maintained as long as the hive remains infested with pests or remains in the apiary or in any place wher…