Title 38 — AGRICULTURE AND HORTICULTURE

Source: SL 1993, ch 304 , § 5.

Terms as used in this chapter, unless the context otherwise requires, shall mean: (1) "Brand," any trademark, product name, or other specific designation under which any individual soil amendment is offered for sale; (2) "Bulk," nonpackaged form; (3) "Distributing," importing, co…

No soil amending ingredient may be listed or guaranteed on the labels or labeling of any soil amendment without the approval of the secretary of agriculture and natural resources. The secretary may allow any soil amending ingredient to be listed or guaranteed on the label or labe…

Every distributor shall file with the secretary, on forms furnished by the secretary of agriculture and natural resources, an annual statement for the period ending December thirty-first of each year setting forth the number of net tons of each soil amendment distributed in the s…

If the report is not filed or is filed falsely or the inspection fee is not paid within thirty days following each semiannual reporting period, the secretary of agriculture and natural resources may revoke the registration. Source: SL 1976, ch 244 , § 11; SL 2021, ch 1 (Ex. Ord. …

The secretary of agriculture and natural resources shall sample, inspect, make analyses of, and test soil amendments distributed within the state at any time and place and to such an extent as he may deem necessary to determine whether such soil amendments are in compliance with …

The secretary of agriculture and natural resources may refuse registration of any brand of soil amendment if he shall find the brand of soil amendment violates any section of this chapter or the rules and regulations promulgated pursuant to this chapter. The secretary may cancel …

The secretary of agriculture and natural resources may, pursuant to chapter 1-26 , adopt rules concerning: (1) The establishment of minimum amounts of soil amending ingredients that shall be present before a soil amendment can be registered and sold; (2) The allowance of labeling…

Any person violating any provisions of this chapter is guilty of a Class 2 misdemeanor. Source: SL 1976, ch 244 , § 17; SL 1977, ch 190 , § 326.

The secretary of agriculture and natural resources may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of soil amendment and to hold at a designated place when the secretary finds such soil amendment is being offered o…

Fees collected under this chapter shall be deposited in the fertilizer fund established pursuant to §

Any distributor of lime or lime sludge, compost as defined in § 38-19-1 , or sewage sludge, as defined in § 38-19-1 , shall make available, upon request, the analyses of any product to the Department of Agriculture and Natural Resources and the end user of the product. Source: SL…

No person shall distribute an adulterated soil amendment. A soil amendment shall be deemed to be adulterated if it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with dir…

No person shall distribute any misbranded soil amendment. A soil amendment shall be deemed misbranded if its labeling is false or misleading in any particular, or if it is not labeled as required pursuant to the provisions of this chapter and regulations promulgated pursuant to t…

Each separately identified soil conditioner product shall be registered before being distributed in this state. The application for registration shall be submitted to the secretary of agriculture and natural resources on the form furnished or approved by the secretary and shall b…

No distributor shall be required to register any brand of soil amendment which shall have already been registered under this chapter by another person; provided, however, that the label does not differ in any respect. Source: SL 1976, ch 244 , § 8.

The secretary of agriculture and natural resources may establish rules pursuant to chapter 1-26 to set the minimum amount of any soil amending ingredient that shall be present before a soil amendment can be registered and sold. Source: SL 1976, ch 244 , § 9; SL 1986, ch 326 , § 3…

A label, in a readable and conspicuous form, shall appear on the face or display side of any soil amendment and shall consist of: (1) Net weight; (2) Brand name; (3) Analysis, including any soil amending ingredient and other ingredients and the percentage of each. In lieu of a gu…

No information or statement shall appear on any package, label, delivery slip, or advertising matter nor shall any oral claim be made which is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the soil amendment. Source: SL 1976…

The secretary of agriculture and natural resources may require proof of claims made for any soil amendment. If no claim is made, he may, nevertheless, require proof of usefulness and value as a soil amendment. For evidence of proof the secretary may rely on experimental data, eva…