Title 38 — AGRICULTURE AND HORTICULTURE

Any person who misappropriates any of the seed, or money loaned to purchase the seed, furnished by the United States or any agency, or any crop grown from the seed, and for which the United States or agency has a lien under the provisions of § 38-17-10 , to any purpose except tha…

All other statutes of South Dakota applicable to crop seed liens, including the duties of register of deeds, priorities, foreclosure, and penal provisions, except if a different intention plainly appears, are applicable to federal agency seed liens as provided in §§ 38-17-10 and

Any person owning and operating farm machinery to process a crop has a lien from the date of operation on all grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed, ground, raked, or pulverized by the person …

Any person entitled to a lien under § 38-17-14 shall perfect the lien as provided in chapter 57A-9 . Any financing statement filed to perfect the lien must contain or have attached to it the following information: (1) The name and address of the owner or operator claiming the lie…

If the person for whom the processing pursuant to § 38-17-14 was done desires to sell or consign the grain, seed, hay, silage, or other agricultural product, before the time to perfect the lien has expired, the person must notify the consignee or purchaser that the debt for the t…

Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain threshed or combined; corn shelled, husked or shredded; silage cut; seeds hulled; or agricultural products baled, mowed, ground, raked, or pulverized, if filed within sixty days from the d…

The provisions of § 38-17-14 shall not apply to an innocent purchaser of the grain, corn seeds, or agricultural products baled, mowed, ground, raked, or pulverized after the threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or…

Any person selling, secreting, or disposing of property covered by a threshing, harvesting, hulling, or other processing lien under the provisions of §§ 38-17-14 to 38-17-17 , inclusive, without the written consent of the owner of said lien, is guilty of a Class 2 misdemeanor. So…

Any person having a lien under the provisions of §§ 38-17-3 to 38-17-18 , inclusive, may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54 , subject to the right of any person adversely interested to require foreclosure under the pr…

In the absence of filing pursuant to § 38-17-1 , the provision of any contract reserving title to the grain, seed, or crop produced from a crop growing or to be grown on any lands in this state do not apply to and may not be enforced against an innocent purchaser of the grain, se…

Any person who provides crop seeds to be planted on any lands owned, used, or rented by another person has a lien on the crop produced from the seed if the person providing the seed files the notice described in §

Any corporation created by virtue of the laws of any other state or territory may furnish crop seed under the provisions of §§ 38-17-3 to 38-17-9 , inclusive, without complying with the laws in reference to foreign corporations doing business in this state. Source: SL 1887, ch 15…

Any person entitled to a lien pursuant to § 38-17-3 shall provide a written account stating the kind, quantity, and value of the seed, the name of the person who furnished the seed, and a description of the land on which the seed has been or is to be planted or sown, and after ma…

If the person furnishing any crop seed pursuant to §§ 38-17-3 to 38-17-9 , inclusive, is not a resident of this state, the affidavit required by § 38-17-5 may be made by the person's attorney or agent who is a resident of this state. The affidavit shall indicate the nonresidence …

The office of the register of deeds shall file and enter the statements required by § 38-17-5 in the manner required by law in the personal property index. The filing of the statements described in §§ 38-17-5 and 38-17-6 operates as a notice of the lien to all subsequent purchase…

Any lien under the provisions of §§ 38-17-3 to 38-17-7 , inclusive, if filed within thirty days after the crop seed is furnished, has preference in the order of the filing. The lien has priority over all other liens and encumbrances on the crop, except threshers' liens. Source: S…

Any person who obtains crop seeds subject to a lien under the provisions of §§ 38-17-3 to 38-17-8 , inclusive, and who uses the seed or any part of the seed without the written consent of the person who furnished the seed for any other purpose, is guilty of a Class 2 misdemeanor.…

Terms used in this chapter mean: (1) "Apiary," any place where one or more colonies of bees are kept; (2) "Appliances," any apparatus, tools, machines, or other devices, used in the handling and manipulating of bees, honey, wax, and hives. The term includes containers of honey an…

Any colony or apiary infested with a regulated pest is a public nuisance. The owner or person in charge of maintaining an apiary shall, upon finding that a regulated pest is present in the apiary, immediately treat the regulated pest or destroy or remove the infested apiary or up…

No person may expose any bees, bee equipment, or appliances infected with pests in a manner or in a place where the pest could be transmitted or disseminated to other bees or bee equipment. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalt…

The secretary shall establish an apiary and a honey house inspection program. The secretary shall employ personnel to investigate outbreaks of pests and take suitable measures for their eradication or control. The secretary may enter into compliance agreements or memorandums of u…

It is a Class 1 misdemeanor for any person to knowingly give false or incomplete information in any application or permit required by this chapter or to resist, impede, or hinder the secretary in the discharge of his duties pursuant to this chapter. Source: SL 1947, ch 6 , § 6; S…

The secretary may enter any private or public premises on which an apiary or any bee equipment is located to ascertain the existence of pests or regulated pests. Source: SL 1947, ch 6 , § 3; SL 1959, ch 2 , § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243 , § 9; SL 1986, ch 330 , § …

If an apiary is inspected, a certificate of inspection shall be issued. The certificate of inspection shall indicate the findings of the inspector. If the apiary is found to be apparently free of regulated pests and to be in compliance with the provisions of this chapter, a certi…

If any regulated pest is found to exist in an apiary, the secretary shall issue a written order to the person owning or in charge of the bees that the apiary or regulated pest shall be treated, destroyed or removed in a manner and time specified by the secretary. If the specified…

Any owner of an apiary who has been ordered to treat, destroy, or remove an apiary or regulated pest pursuant to § 38-18-16 , may request a hearing pursuant to chapter 1-26 before the date specified in the order. The request shall stay the effective date of the order unless the s…

Any person who fails to comply with a written notice pursuant to § 38-18-16 is strictly liable to the department for all costs accrued to the secretary for the destruction of the exotic bees, regulated pest, or apiary. Source: SL 1986, ch 330 , § 21. 38-18-17. Repealed by SL 1986…

38-18-18

38-18-19 Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary. 38-18-20 Written order to place honey house in sanitary condition--Failure to obey as misdemeanor. 38-18-21 Certificate of health …

The secretary may place any apiaries, bees, bee equipment, bee products, honey houses, or appliances where regulated pests are found to exist under quarantine. The removal or handling of any quarantined bees, apiaries, bee equipment, honey houses, or appliances without the writte…

38-18-3 Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty. 38-18-3.1 Minimum distance between apiaries--Beekeepers except…

If the secretary determines, pursuant to rules promulgated pursuant to the provisions of chapter 1-26 , that unsanitary conditions exist in the operation of any honey house, the secretary shall order the operator of the honey house in writing to place the honey house in a sanitar…

All bees and used bee equipment brought into this state from other states shall be accompanied by a certificate of health issued by that state or a compliance agreement with this state. The certificate of health shall comply with §

38-18-23 Certificate of health--Content--Based on actual inspection. 38-18-24

The certificate of health shall certify to the apparent freedom from regulated pests, and shall be based on actual inspection of bees and material within ninety days of the date of shipment. Source: SL 1947, ch 6 , § 11; SL 1959, ch 2 , § 7; SDC Supp 1960, § 4.1111; SL 1976, ch 2…

38-18-25 Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs. 38-18-26 Certificate of inspection required to trans…

Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees are found by the secretary to be infested by a regulated pest, the secretary may forthwith destroy the bees and bee equipment or may order treatment…

No person may sell, offer for sale, give away, or transfer ownership of any apiary, bees, or used bee equipment within this state without receiving a certificate of inspection from the secretary issued within six months prior to the disposition. The seller or giver shall issue a …

Any person may request to enter into a compliance agreement with the secretary or that the secretary make additional inspections of bees, bee equipment, or honey houses. The person requesting the agreement shall pay a fee of fifty dollars per compliance agreement. If an inspectio…

The secretary, pursuant to the provisions of chapter 1-26 , may promulgate rules consistent with the following: (1) To provide application forms and guidelines for location and colony registration and entrance permits; (2) To provide standards to allow apiaries to be located with…

The secretary may promulgate rules, pursuant to the provisions of chapter 1-26 , establishing restrictions on movement of bees or any other related article from a quarantined area within or without the state to any other area within or without the state. Such rules shall include …

38-18-30

Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiar…

Unless permitted by the secretary, no apiary may be located within three miles of any other apiary. However, any beekeeper who owns property may locate an apiary anywhere on that property. Source: SL 1976, ch 243 § 19; SL 1986, ch 326 , § 23; SL 1986, ch 330 , § 3. 38-18-3.2. Rep…

38-18-3.3 Identification of apiary--Violation as misdemeanor. 38-18-3.4 Abandoned apiary--Destruction, treatment or seizure of bees and equipment. 38-18-4 Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty. 38-18-5 Regi…

Any person owning an apiary shall place a prominent sign within the apiary, with the name, address, and telephone number of the person in charge of maintaining the apiary. Any person who fails to identify an apiary as provided in this section is guilty of a Class 2 misdemeanor. S…

The failure to file an application registering an apiary pursuant to § 38-18-3 , or the failure to identify a location pursuant to § 38-18-3.3 , constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secr…

38-18-31 Promotion of honey and by-products. 38-18-32 Definitions. 38-18-33 Honey industry fund. 38-18-34 Administration of honey industry fund--Donation--Expenditures. 38-18-35 Promulgation of rules for honey industry fund. 38-18-36 Annual honey assessment. 38-18-37 Disseminatio…

The department may engage in activities provided for in § 38-18-34 for the purpose of promoting the processing, marketing, sale, and consumption of honey and honey by - products produced in this state. Source: SL 1991, ch 324 , § 2.

Terms used in §§ 38-18-31 to 38-18-37 , inclusive, mean: (1) "Bee location," any quarter section or smaller portion of land where apiaries may be kept; (2) "Department," the Department of Agriculture and Natural Resources; (3) "Honey producer" or "beekeeper," any person, firm or …