Title 38, AGRICULTURE AND HORTICULTURE

The term, guaranteed analysis, means the minimum percentage of plant nutrients claimed in the following order and form: (1) Total nitrogen (N) ____________ percent Available phosphoric acid (P 2 O 5 ) or available phosphate ____________ percent Soluble potash (K 2 O) ____________…

The Nutrient Research and Education Council is hereby established. The council shall consist of nine voting members, including three representing the fertilizer industry, two representing grower organizations, one representing the state's largest commodity organization, one repre…

The Nutrient Research and Education Council established in § 38-19-50 , acting in cooperation and conjunction with the South Dakota Agricultural Experiment Station, shall: (1) Prioritize nutrient research, water quality research, and education proposals and solicit research propo…

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 § 38-19-14 . Source: SL 1993, ch 304 , § 5.

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…

The State of South Dakota hereby accepts the benefits of the provisions of that part of section 426, title 7, U.S.C., providing for cooperation of the United States through its Fish and Wildlife Service of the United States Department of the Interior, with the various states, ind…

The secretary of agriculture and natural resources is authorized to make and enter into such cooperative agreements with the proper authorities of the United States Fish and Wildlife Service to accomplish the purposes of §§ 38-20-1 and 38-20-2 , and he is hereby authorized, in co…

The secretary of agriculture and natural resources is hereby authorized to accept and receive donations and contributions of money from any source for the purpose of establishing a fund to be matched with available federal funds and to be used for the purpose of grasshopper eradi…

Funds received under § 38-20-32 together with the available federal funds shall by the secretary of agriculture and natural resources be deposited with the state treasurer in the fund to be designated as grasshopper control fund, and which fund shall be paid out on warrants of th…

The Department of Agriculture and Natural Resources is authorized to enter into agreements with the United States Department of Agriculture, other state and federal agencies, and with local grasshopper control committees to promote the control and destruction of grasshoppers. The…

The Governor may declare a major grasshopper infestation and an emergency from major infestation in areas where landowners and lessees have formed a grasshopper control committee and have entered into an agreement with the State Department of Agriculture and Natural Resources. Up…

Terms used in this chapter mean: (1) "Active ingredient," any ingredient which prevents, destroys, repels, or mitigates insects, fungi, rodents, weeds, or other pests; (2) "Antidote," the most practical immediate treatment in case of poisoning, including first - aid treatment; (3…

If it appears to the secretary that the composition of the pesticide warrants the proposed claims for it, and if the pesticide, labeling, and other material required to be submitted meet the requirements in §§ 38-20A-16 to 38-20A-29 , inclusive, the secretary shall register the p…

In no event may registration of a pesticide be construed as a defense for the commission of any offense prohibited under the provisions of §§ 38-20A-26 to 38-20A-29 , inclusive. Source: SL 1947, ch 99 , § 5; SDC Supp 1960, § 22.12A05 (4); SDCL, § 39-19-11; SL 1983, ch 281 , § 6; …

If it does not appear to the secretary that the pesticide warrants the proposed claims for it or if the pesticide labeling and other material required to be submitted do not comply with the provisions of this chapter or the rules promulgated thereunder, the secretary shall notify…

The secretary may cancel the registration of a pesticide, subject to a hearing under the provisions of chapter 1-26 , if the secretary determines that the registered pesticide or its labeling: (1) Does not comply with the provisions of this chapter or rules promulgated under this…

It is a Class 1 misdemeanor for any person to use for the person's own advantage, or to reveal any information relative to formulas of products acquired in accordance with §§ 38-20A-4 to 38-20A-13 , inclusive. Notwithstanding the provisions of § 38-20A-4 8, it is a Class 2 misdem…

A pesticide is adulterated if its strength or purity does not meet the professed standard or quality, as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable ingredient of the pestici…

A pesticide is misbranded if: (1) The label bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading; (2) It is an imitation of or is offered for sale under the name of another pesticide; (3) The label bears …

A device is misbranded if its labeling bears any statement, design, or graphic representation relative to the device which is false or misleading. Source: SL 1983, ch 281 , § 20; SL 2020, ch 173 , § 12.

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is adulterated or misbranded, or any device which is misbranded. Source: SL 1947, ch 99 , § 4; SDC Supp 1960, § 22.12A04 (1) (e); SDCL, § 39-19-26; SL 1977, ch 190 , § 4…

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is not registered under the provisions of §§ 38-20A-4 to 38-20A-13 , inclusive; or any pesticide if any of the claims made or any of the directions for the pesticide's u…

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper if one exist…

No person may distribute, sell, or offer for sale within this state any pesticide which contains any substance in quantities highly toxic to persons, unless, in addition to any other information required by this chapter, the label bears the following: (1) A skull and crossbones a…

The secretary is authorized, after holding a public hearing, to declare as a pest any form of plant or animal life or virus which is injurious to any plant, person, domestic animal, or substance. Source: SL 1947, ch 99 , § 6; SDC Supp 1960, § 22.12A06 (1) (a); SDCL, § 39-19-3; SL…

The provisions of §§ 38-20A-26 to 38-20A-29 , inclusive, do not apply to a carrier while lawfully engaged in transporting a pesticide within this state if the carrier, upon request, permits the secretary to copy all records showing transactions in and movement of the pesticides. …

The provisions of §§ 38-20A-26 to 38-20A-29 , inclusive, do not apply to public officials of this state or the federal government when engaged in the performance of official duties. Source: SL 1947, ch 99 , § 8; SDC Supp 1960, § 22.12A08 (1) (b); SDCL, § 39-19-32; SL 1983, ch 281…

It is a petty offense for any person to detach, alter, deface, or destroy, in whole or in part, any label provided for in this chapter or rules promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that does not comply with any of…

No pesticide is in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of the chapter apply. Source: SL 194…