Title 38 — AGRICULTURE AND HORTICULTURE
43 chapters · 782 sections in this title.
SDCL § 38-24A-1 Definition of terms
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Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Certificate," a document issued or authorized by the secretary indicating that a regulated article is not contaminated with a pest and is eligible for movement; (2) "Designated agent," any United Sta…
SDCL § 38-24A-10 Movements contrary to quarantine rules prohibited
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Following establishment of a quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into, or through this state contrary to rules promulgated by the secretary of agriculture an…
SDCL § 38-24A-11 Quarantine violation as misdemeanor
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Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and rules, to remove all possibilities of infestation and damage, in effect at t…
SDCL § 38-24A-12 Seizure and treatment or disposal of infested articles--Notice to owner
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Whenever the secretary of agriculture and natural resources or his designated agent finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in this state, he may, upon giving notice to the owner or his rep…
SDCL § 38-24A-12.1 Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land
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Any person who owns the premises is liable for the actual and necessary expense in connection with the seizure, quarantine, treatment, or disposal of a pest, host, or regulated article. The liability may be assessed against the premises and collected in the same manner as taxes a…
SDCL § 38-24A-13 Public notice of large - scale treatment operations
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Where large areas or metropolitan areas, involving many people, are to be treated, notice may be by means of newspaper, radio, or other news media. Such notice if given by newspaper shall prominently appear at least ten days prior to treatment in at least two issues of a daily pa…
SDCL § 38-24A-14 Inspection powers of secretary--Notice
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To effectuate the purposes of this chapter, the secretary of agriculture and natural resources may, with a search warrant or the consent of the owner, make reasonable inspection of any property in this state. The secretary may, without a search warrant, with or without the assist…
SDCL § 38-24A-15 Issuance of search warrants
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The appropriate circuit and magistrate courts in this state shall have authority to issue search warrants for such inspections upon a showing by the secretary of agriculture and natural resources that there is probable cause to believe that there exists in or on the property to b…
SDCL § 38-24A-16 Compensation for uninfested articles destroyed
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The owner of any property destroyed or ordered to be treated or otherwise disposed of under this chapter may, in an action against this state in the appropriate court for the county in which he resides or the property was located, recover just compensation for any property so des…
SDCL § 38-24A-17 Violation as misdemeanor--Civil liability for damages
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Any person who violates any of the provisions of this chapter or who alters, forges, counterfeits, or uses without authority any certificate or permit or other document provided for in this chapter or in the rules of the secretary of agriculture and natural resources provided for…
SDCL § 38-24A-18 Severability of provisions
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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…
SDCL § 38-24A-19 Citation of chapter--Additional to other powers
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This chapter shall be known as the South Dakota Plant Quarantine Act and may not be construed to repeal any existing authority of the secretary of agriculture and natural resources but shall be in addition to any powers conferred upon the secretary by chapters 38-18 , 38-22 , and…
SDCL § 38-24A-2 Administration by secretary--Delegation of authority--Rules and regulations
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The secretary of agriculture and natural resources has the responsibility for administration of the provisions of this chapter. The secretary is authorized to assign functions provided for in this chapter to any unit of his department and to delegate any authority provided for in…
SDCL § 38-24A-20 Special certificates on plants for export
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The Department of Agriculture and Natural Resources may grant special phytosanitary certificates on any plants or plant products for individual shipment to other states in compliance with the plant inspection and plant quarantine regulations of the state of destination or to fore…
SDCL § 38-24A-21 Inspection of plants intended for export--Certificate--Fees
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Any owner of plants or plant products intending to ship those plants or plant products into another state or country may apply to the Department of Agriculture and Natural Resources for an inspection or for obtaining an official sample. The inspection shall determine the presence…
SDCL § 38-24A-3 Suppression and control activities authorized
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The secretary of agriculture and natural resources, either independently or in cooperation with counties or political subdivisions thereof, municipalities, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, is authorized to…
SDCL § 38-24A-4 Cooperation with other agencies--Expenditure of funds
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The secretary of agriculture and natural resources is authorized to cooperate with any agency he deems necessary to suppress, control, prevent, or retard the spread of any pest including the right to expend state funds on federal, state, and private lands for such purposes. Sourc…
SDCL § 38-24A-5 Interstate cooperation in control activities
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The secretary of agriculture and natural resources is authorized to cooperate with agencies of adjacent states in such operations and measures as he deems necessary to locate, suppress, control, or to prevent or retard the spread of any pest; provided, that the use of funds for o…
SDCL § 38-24A-6 Quarantines and embargoes authorized
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The secretary of agriculture and natural resources is authorized to quarantine this state or any portion thereof when he shall determine that such action is necessary to prevent or retard the spread of a pest within or from this state and to place an embargo on articles from any …
SDCL § 38-24A-7 Limitation of quarantined area--Extension
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The secretary of agriculture and natural resources may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include addit…
SDCL § 38-24A-9 Scope of rules relating to regulated area--Publication of notice
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The secretary may promulgate rules pursuant to chapter 1-26 : (1) To provide standards and procedures for location, suppression, prevention, retardation, and control of the spread of pests; (2) To provide standards and procedures for plant quarantines and embargoes; (3) To provid…
SDCL § 38-24A-9.1 Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable
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Other provisions of this chapter and the provisions of chapter 1-26 notwithstanding, the secretary may adopt emergency measures to quarantine or otherwise control plant infestations on an emergency basis. Such measures shall be subject to a public hearing, which shall be held wit…