Title 38, AGRICULTURE AND HORTICULTURE

Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the fertilizer fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees …

Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) Net weight; (2) Brand and grade; (3) Guaranteed analysis; (4) The source…

In the case of bulk shipments, a label stating the information required by § 38-19-15 shall accompany delivery and be supplied to the purchaser at time of delivery in written or printed form. A commercial fertilizer formulated according to specifications which are furnished by a …

Any distributor of sewage sludge, as defined in § 38-19-1 , shall comply with provisions of § 38-19-1 5 or 38-19-1 6, whichever is applicable. Any distributor shall make available, upon request, any analyses or information about the sewage sludge to the Department of Agriculture …

For the purposes of this chapter, a commercial fertilizer is deemed to be misbranded: (1) If the label or labeling carries any false or misleading statement either as to the materials contained in the fertilizer or concerning its agricultural value; (2) If it be so labeled or bra…

For the purposes of this chapter, a commercial fertilizer is deemed to be adulterated: (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or…

It is a Class 2 misdemeanor to sell, distribute, offer, or expose for sale or distribution any commercial fertilizer which is adulterated or misbranded. Source: SL 1949, ch 85 , § 6; SDC Supp 1960, § 22.1706 (3); SL 1977, ch 190 , § 324.

No person whose name appears on the label of a commercial fertilizer or who manufactures or mixes a commercial fertilizer in this state may distribute that fertilizer until the person has obtained a distribution license from the secretary of agriculture and natural resources. A d…

An application for a commercial fertilizer distribution license shall include the name and address of the licensee. The licensee's name and address as it appears on the license shall appear on all labels and pertinent invoices used by the licensee and on all bulk storage units op…

A licensee shall at all times produce an intimate and uniform mixture of fertilizer materials. When two or more fertilizer materials are delivered in the same load, they shall be intimately and uniformly mixed unless they are in separate compartments. To provide for intimate and …

In lieu of the guaranteed analysis, the person who mixes to the customer's order must furnish to the purchaser and consumer a written or printed statement showing the weight and guaranteed analysis of each of the fertilizer materials used in the intimate mixture or delivered in e…

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of commercial fertil…

The secretary of agriculture and natural resources may in his discretion hold public hearing open to all interested parties and with the aid of available and impartial data promulgate a list of grades of mixed fertilizers recommended as adapted to the agricultural needs of the st…

It shall be the duty of the secretary of agriculture and natural resources, who may act through his authorized agents, to inspect and sample commercial fertilizers offered for sale, sold, or distributed within this state at such time and place and to such an extent as he may deem…

The secretary of agriculture and natural resources may require a license applicant or registrant to furnish proof of claims made for any product covered by this chapter and may require proof of value when used as directed or recommended. The secretary shall rely on replicate, or …

An official fertilizer sample shall be one drawn in the manner prescribed by the secretary of agriculture and natural resources from a lot or shipment of fertilizer sold or exposed for sale in this state. In sampling a lot of commercial fertilizer packaged in small containers (le…

It shall be the duty of the director of laboratories to examine all samples submitted under the provisions of this chapter and to report results promptly to the secretary of agriculture and natural resources. Source: SL 1949, ch 85 , § 7; SDC Supp 1960, § 22.1707 (2); SL 2021, ch…

The methods of analysis shall be those adopted by the secretary of agriculture and natural resources, through rules promulgated pursuant to the provisions of chapter 1-26 , from published sources such as those of the association of official analytical chemists. Source: SL 1949, c…

The secretary of agriculture and natural resources shall have authority to publish analyses of all products within the purview of this chapter and to gather and disseminate for the benefit of the public useful information concerning fertilizers and fertilizer materials. Source: S…

The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial fertilizers, together with such data on their production and use as he may consider advisable, and report of the…

For enforcement of this chapter, the secretary of agriculture and natural resources may promulgate, pursuant to the provisions of chapter 1-26 , rules relating to labeling, storage, licensing, sampling, inspection, analysis, and distribution of commercial fertilizers to carry int…

The secretary, pursuant to the provisions of chapter 1-26 , may promulgate rules for siting of anhydrous ammonia storage facilities, for commercial fertilizer storage facilities and for commercial fertilizer production facilities. Source: SL 1986, ch 326 , § 34.

For the purposes of §§ 38-19-36.8 to 38-19-36.10 , inclusive, the term, tampering, means unlawfully releasing, transferring, or attempting to release or transfer anhydrous ammonia from its present container, equipment, or storage facility to another container, equipment, or stora…

No person may establish or operate a bulk commercial fertilizer storage facility without obtaining a bulk commercial fertilizer storage facility permit from the secretary. The secretary may establish by rule, promulgated pursuant to chapter 1-26 , a bulk commercial fertilizer sto…

Any person who operates a bulk commercial fertilizer storage facility without a permit or who violates the bulk commercial fertilizer storage facility permit provision of this section and §§ 38-19-1 and 38-19-36.2 is subject to a civil action in circuit court for the recovery of …

For the purposes of §§ 38-19-36.4 to 38-19-36.7 , inclusive, the term, anhydrous ammonia, means a compound formed by the chemical combination of the elements nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen as shown by the chemical formul…

No person may: (1) Place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia; (2) Transport anhydrous ammonia in a container that is not designed, constructed, maintained…

Except as provided in § 38-19-36.7 , a person tampering with anhydrous ammonia containers or equipment under § 38-19-36.5 has no cause of action for damages arising out of the tampering against: (1) The owner or lawful custodian of the container or equipment; (2) A person respons…

The provisions of § 38-19-36.6 do not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose. Source: SL 2001, ch 216 ,…

Any person tampering with or assisting in tampering with anhydrous ammonia assumes the risk of personal injury, death, and any other economic or noneconomic loss or damage arising from tampering with or assisting in tampering with anhydrous ammonia. An owner of anhydrous ammonia …

For purposes of this §§ 38-19-36.8 to 38-19-36.10 , inclusive, the term, owner of anhydrous ammonia, means any person who, for any lawful purpose: (1) Owns anhydrous ammonia; (2) Owns a container, equipment, or storage facility containing anhydrous ammonia; (3) Is responsible for…

The secretary of agriculture and natural resources is charged with the administration and enforcement of this chapter and he and his deputies, assistants, agents, and employees shall have all the rights of visitation, inspection, sampling, examination, and access to places, prope…

Each license applicant or licensee shall, upon request of the secretary, furnish copies of labels and labeling in order to permit the secretary to determine compliance with the provisions of this chapter. Source: SL 2001, ch 215 , § 16.

It shall be the duty of the secretary of agriculture and natural resources to issue and enforce written or printed "stop - sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the secretary finds said co…

Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure and condemnation on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in the area in which said commercial fertili…

The secretary of agriculture and natural resources is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgat…

Any person violating any of the provisions of this chapter or any rule or regulation promulgated hereunder is guilty of a Class 2 misdemeanor. Source: SL 1919, ch 207 , § 5; SDC 1939, § 22.9926; SL 1949, ch 85 , § 17; SDC Supp 1960, § 22.99 26-1 ; SDC Supp 1960, § 22.1715 (1) (b)…

Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to report for prosecution, or for the institution of seizure proceedings, minor violations of the chapter when he believes that the public interests wi…

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, p…

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 relating to transportation, use, application, disposal, posting of application sites, or notification of the public or other individuals who may be affected by a commercial fertilizer…

The secretary of agriculture and natural resources may reject the commercial fertilizer distribution license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial fertilizer license of any firm subsequently found not to be in …

There is hereby created a nutrient research and education fund for the purpose of advancing fertilizer-related, nutrient-related, and water quality-related purposes as provided in § 38-19-49 . Any money in the nutrient research and education fund is continuously appropriated to t…

Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. Source: SL 1949, ch 85 , § 4; SDC Supp 1960, § 22.1704 (4); SL 1993, ch 304 , § 2; SL 2016, ch 201 , § 3.

The term, guaranteed analysis, means the minimum percentage of plant nutrients claimed in the following order and form: (1) Total nitrogen (N) ____________ percent Available phosphoric acid (P 2 O 5 ) or available phosphate ____________ percent Soluble potash (K 2 O) ____________…

The Nutrient Research and Education Council is hereby established. The council shall consist of nine voting members, including three representing the fertilizer industry, two representing grower organizations, one representing the state's largest commodity organization, one repre…

The Nutrient Research and Education Council established in § 38-19-50 , acting in cooperation and conjunction with the South Dakota Agricultural Experiment Station, shall: (1) Prioritize nutrient research, water quality research, and education proposals and solicit research propo…