Title 38 — AGRICULTURE AND HORTICULTURE

Terms used in this chapter, unless the context plainly otherwise requires, mean: (1) "Council," the South Dakota Soybean Research and Promotion Council; (2) "First purchaser," any person who initially places soybeans, whether as an owner or agent, into the channels of trade and c…

Any first purchaser of soybeans shall file an application with the Soybean Research and Promotion Council on forms prescribed and furnished by the council which shall contain the name under which the first purchaser is transacting business within the state, his place of business …

Any first purchaser shall keep as a part of his permanent records a record of all purchases of raw soybeans, which may be examined by the soybean research and promotion council at any reasonable time. Every first purchaser shall report to the council stating the quantity of soybe…

If a first purchaser fails to remit the assessment provided in this chapter, the soybean council may enforce collection in any appropriate court within this state. Source: SL 1985, ch 314 , § 14. 38-29-12. Repealed by SL 2007, ch 229 , § 4.

The Soybean Research and Promotion Council, to inform the grower, shall develop and disseminate information and instructions relating to the purpose of the soybean assessment and to this extent shall cooperate with governmental agencies, state and federal, and private businesses …

The council may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the amount the counci…

There is hereby established a South Dakota Soybean Research and Promotion Council. The council shall be composed of at least five but no more than nine members who shall be participating growers. The initial members shall be appointed by the secretary of agriculture and natural r…

Successors to the initial members and to any additional members appointed pursuant to § 38-29-2 shall be elected by the participating growers under rules promulgated pursuant to chapter 1-26 by the secretary of agriculture and natural resources. Source: SL 1984, ch 267 , § 3; SL …

If a member of the council ceases to be a participating grower, dies or resigns from office prior to the expiration of his term, the secretary of agriculture and natural resources shall appoint a successor for the balance of the term of office vacated. Source: SL 1984, ch 267 , §…

The soybean research and promotion council shall annually elect a chairman and vice - chairman. A majority of voting members shall constitute a quorum. All meetings of the council shall be called by the chairman except special meetings may be called by three members of the counci…

Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and shall be continuously appropriated to the soybean research and promotion council. Expenditures of these funds shall be made in accordance with the provisions of Ti…

The Soybean Research and Promotion Council may: (1) Enter into contracts, including loans and grants, and cooperate with any person, any local, state, or national organization, whether public or private, or with any governmental department or agency for the discovery, promotion, …

The council may promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for assessments collected for soybeans grown or sold to a first purchaser; (3) The procedures for obtaining a refund of the assessment; …

An assessment at the rate of one-half of one percent of the value of the net market price is imposed by the soybean research and promotion council upon all soybeans grown in the state or sold to a first purchaser within the state. This assessment is due upon any identifiable lot …

Any first purchaser of soybeans shall collect the assessment imposed by this chapter by deducting the assessment from the purchase price of all soybeans subject to the assessment and purchased by the first purchaser. Source: SL 1984, ch 267 , § 9; SL 1985, ch 314 , § 10.

The assessment authorized pursuant to §§ 38-29-8 and 38-29-9 may be imposed and collected only if the National Soybean Promotion, Research, and Consumer Information Act, 7 U.S.C. §§ 6301-6311, as amended to January 1, 2007, is repealed. Source: SL 2007, ch 229 , § 6.