Title 38 — AGRICULTURE AND HORTICULTURE

For the purposes of §§ 38-19-36.4 to 38-19-36.7 , inclusive, the term, anhydrous ammonia, means a compound formed by the chemical combination of the elements nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen as shown by the chemical formul…

No person may: (1) Place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia; (2) Transport anhydrous ammonia in a container that is not designed, constructed, maintained…

Except as provided in § 38-19-36.7 , a person tampering with anhydrous ammonia containers or equipment under § 38-19-36.5 has no cause of action for damages arising out of the tampering against: (1) The owner or lawful custodian of the container or equipment; (2) A person respons…

The provisions of § 38-19-36.6 do not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose. Source: SL 2001, ch 216 ,…

Any person tampering with or assisting in tampering with anhydrous ammonia assumes the risk of personal injury, death, and any other economic or noneconomic loss or damage arising from tampering with or assisting in tampering with anhydrous ammonia. An owner of anhydrous ammonia …

For purposes of this §§ 38-19-36.8 to 38-19-36.10 , inclusive, the term, owner of anhydrous ammonia, means any person who, for any lawful purpose: (1) Owns anhydrous ammonia; (2) Owns a container, equipment, or storage facility containing anhydrous ammonia; (3) Is responsible for…

The secretary of agriculture and natural resources is charged with the administration and enforcement of this chapter and he and his deputies, assistants, agents, and employees shall have all the rights of visitation, inspection, sampling, examination, and access to places, prope…

Each license applicant or licensee shall, upon request of the secretary, furnish copies of labels and labeling in order to permit the secretary to determine compliance with the provisions of this chapter. Source: SL 2001, ch 215 , § 16.

It shall be the duty of the secretary of agriculture and natural resources to issue and enforce written or printed "stop - sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the secretary finds said co…

Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure and condemnation on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in the area in which said commercial fertili…

Repealed by SL 1982, ch 281 , § 8 38-19-4.1

38-19-6 38-19-6 to 38-19-9. Repealed by SL 1982, ch 281 , §§ 11 to 14 38-19-10 Inspection fee on fertilizer distributed in state--Rules. 38-19-10.1 Additional inspection fee deposited in precision agriculture fund. 38-19-11

The secretary of agriculture and natural resources is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgat…

Any person violating any of the provisions of this chapter or any rule or regulation promulgated hereunder is guilty of a Class 2 misdemeanor. Source: SL 1919, ch 207 , § 5; SDC 1939, § 22.9926; SL 1949, ch 85 , § 17; SDC Supp 1960, § 22.99 26-1 ; SDC Supp 1960, § 22.1715 (1) (b)…

38-19-44

Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to report for prosecution, or for the institution of seizure proceedings, minor violations of the chapter when he believes that the public interests wi…

38-19-46 Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application. 38-19-47 Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard. 38-19-48 Nutrient research and education …

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…

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 relating to transportation, use, application, disposal, posting of application sites, or notification of the public or other individuals who may be affected by a commercial fertilizer…

The secretary of agriculture and natural resources may reject the commercial fertilizer distribution license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial fertilizer license of any firm subsequently found not to be in …

There is hereby created a nutrient research and education fund for the purpose of advancing fertilizer-related, nutrient-related, and water quality-related purposes as provided in §

The state may accept and expend for the purposes of §§ 38-19-48 to 38-19-51 , inclusive, funds obtained from appropriations or any other source. Interest earned on money in the fund shall be deposited into the fund. Any money deposited into and distributed from the fund shall be …

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 §

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…