Title 38 — AGRICULTURE AND HORTICULTURE

Terms used in §§ 38-33-1 to 38-33-1 2, inclusive, mean: (1) "Assessment," a per head fee collected on the sale of all varieties of swine in South Dakota; (2) "Commission," the South Dakota Pork Commission; (3) "Participating seller," any person who owns or operates an agricultura…

Within ninety days following the assessment, any seller subject to the assessment provided in §§ 38-33-1 to 38-33-12 , inclusive, may apply to the commission for a refund of the assessment. The refund application shall be accompanied by a copy of the record of the assessment on t…

The commission, to inform the seller, shall develop and disseminate information and instructions relating to the purpose of the swine assessment and manner in which refunds may be claimed, and to this extent shall cooperate with government agencies, state and federal, and private…

If any national promotion, research, or consumer information program that uses an assessment mechanism on the sale of swine and is under the supervision of an agency of the federal government is resumed or established, the collection of assessments under §§ 38-33-1 to 38-33-12 , …

There is hereby established the South Dakota Pork Commission. The commission shall be composed of five members who: (1) Are landowning residents of South Dakota; (2) Are at least twenty - five years of age and residents of South Dakota; (3) Have been actually engaged in raising s…

If a member of the commission ceases to be a participating seller or resigns from office before the expiration of the member's term, the secretary shall appoint a successor for the balance of the term of office vacated. Source: SL 2001, ch 219 , § 5.

The commission shall annually elect a chair and a vice chair. A majority of voting members constitutes a quorum. All meetings of the commission shall be called by the chair except that special meetings may be called by three members of the commission. The commission shall adopt p…

The commission may: (1) For purposes related to the swine industry, 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 discov…

The commission shall promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for collecting assessments for swine sold to a purchaser and the amount of the assessment in accordance with § 38-33-7 ; (3) The pr…

An assessment not to exceed 0.45 percent of the market value of each swine when sold is imposed by the commission upon all swine sold in the state by a South Dakota resident. However the commission may enter into reciprocal agreements with other states that also have a swine chec…

Each purchaser shall keep a permanent record for three years of all purchases of swine, which may be examined by the commission at any reasonable time. Each purchaser shall report to the commission stating the seller and quantity of swine. The report and remittance of the assessm…

If a purchaser disputes an assessment made under §§ 38-33-1 to 38-33-12 , inclusive, the purchaser may appeal to the commission, which shall conduct a hearing and resolve the matter pursuant to the contested case provisions of chapter 1-26 . If a purchaser fails to remit the asse…