Title 38, AGRICULTURE AND HORTICULTURE

If it appears from an examination pursuant to this chapter that there has been a violation of this chapter, and the secretary contemplates a referral to the state's attorney for criminal proceedings against a person, the secretary shall notify that person in writing. A person so …

Nothing in this chapter prevents the department from obtaining voluntary compliance with the provisions of this chapter through a conference, settlement, or any other appropriate means. The secretary may enter into an administrative settlement agreement regarding any violation of…

Nothing in this chapter may be construed to relieve any person from liability for any damage to another caused by the use of pesticides even though the use conforms to the rules promulgated under the authority of this chapter. Source: SL 1974, ch 255 , § 34; SL 2020, ch 174 , § 1…

Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of: (1) Thirty days after the date that the damages were observed or should have been observed; or (2) If a growing crop is all…

Upon notifying the applicator as required under § 38-21-46 , the person seeking reimbursement for the alleged damage shall permit the applicator and up to four representatives of the applicator to enter the person's property during reasonable hours for the purpose of observing an…

The failure to report an incident in accordance with the provisions of § 38-21-16 is not a violation of this chapter. If the person failing to file a report is the only one injured from the use or application of a pesticide by others, the secretary may, when in the public interes…

Civil penalties specified in §§ 38-21-15.2 , 38-21-17 , 38-21-23 , 38-21-33.1 , 38-21-39.1 , 38-21-39.2 , 38-21-39.3 , 38-21-40 , and 38-21-44 do not lessen the damages that may be awarded to any person injured. Source: SL 1987, ch 287 , § 11; SL 1991, ch 326 , § 20; SL 2020, ch …

The secretary may promulgate rules pursuant to chapter 1-26 providing for: (1) The inspection of storage and disposal areas; (2) The inspection of application equipment and equipment storage areas; (3) The establishment of restricted pesticide uses or methods of distribution; (4)…

The secretary may cooperate, receive grants - in - aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter; to secure uniformity of…

To perform any duty pursuant to the provisions of this chapter, the secretary may enter any public or private premises at any reasonable time to inspect any pesticide - related equipment and the premises on which the equipment is kept or stored, to inspect lands actually or repor…

The secretary may cause an action to commence in any court of competent jurisdiction to enjoin the violation or threatened violation of any provision of this chapter. Source: SL 1974, ch 255 , § 33; SL 2020, ch 173 , § 58.

The secretary may promulgate rules, pursuant to chapter 1-26 , to require posting of pesticide application sites and notifying the public or other individuals who may be affected by a pesticide application that has occurred or will occur in the future. Source: SL 1992, ch 284 , §…

Funds collected pursuant to §§ 38-21-17 , 38-21-23 , and 38-21-33.5 shall be deposited in a special revenue fund hereby created in the state treasury known as the pesticide regulatory fund. This fund shall consist of moneys from public and private sources including legislative ap…

Any commercial applicator who is licensed pursuant to this chapter to apply pesticides to agricultural land may apply pesticides to property owned by the applicator without a private applicator's license if the commercial categories in which the applicator is licensed are the app…

The South Dakota Weed and Pest Control Commission shall be administered under the direction and supervision of the department and the secretary of agriculture and natural resources. The commission retains the quasi - judicial, quasi - legislative, advisory, other nonadministrativ…

Terms used in this chapter mean: (1) "Agricultural chemical," any material used to control or eradicate weeds or pests; (2) "Board," any county weed and pest board; (3) "Board member area," a geographical area within a county from which a member of the board is appointed; (4) "Co…

The State Weed and Pest Control Commission established in this chapter is abolished. Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 19.

There is established the South Dakota Weed and Pest Control Commission. Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 20.

The South Dakota Weed and Pest Control Commission consists of the following members: the secretary of agriculture and natural resources or a designee and the dean of the college of agriculture and biological sciences of South Dakota State University or a designee who shall serve …

The five members of the South Dakota Weed and Pest Control Commission appointed by the Governor shall be selected from a list of nominees presented by the State Association of County Weed and Pest Boards, who shall submit at least three names for each appointment. One member from…

The South Dakota Weed and Pest Control Commission shall perform all of the functions and have all of the responsibilities of the former State Weed and Pest Control Commission established in this chapter. Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 23.

The terms of the appointed members of the South Dakota Weed and Pest Control Commission in office on July 1, 2010, continue until January 1, 2011, at which time their terms end. The Governor shall appoint five members pursuant to § 38-22-1.6 . Terms for those members shall begin …

The rules, processes, subpoenas, and orders of the South Dakota Weed and Pest Control Commission may be enforced by any court of competent jurisdiction. Source: SL 1949, ch 437 ; SDC Supp 1960, § 62.0303; SL 1983, ch 282 , § 13; SL 1986, ch 326 , § 50.

The commission may promulgate rules pursuant to chapter 1-26 : (1) To provide procedures for enforcement of weed and pest control; (2) To provide for records and reports; (3) To prescribe county weed and pest board activities; (4) To prescribe what constitutes a weed or pest; (5)…

The state weed and pest coordinator shall administer the state weed and pest program formulated by the South Dakota Weed and Pest Control Commission. Source: SL 1945, ch 349 , § 5; SDC Supp 1960, § 62.0305; SL 1983, ch 282 , § 14.

It is a Class 2 misdemeanor for any person to move any harvesting or portable seed cleaning or agricultural processing equipment or vehicles on which the equipment is transported into this state or from any field within the state in which it has been used to another field without…

If any owner of weed or pest infested land fails to rid the land of such infestation and the secretary of agriculture and natural resources finds that such infestation is a menace to neighboring lands or to the state or its people he may declare such infested land to constitute a…

The existence of weeds or pests in any amount or quantity upon land is sufficient to determine that such land is infested. Source: SL 1970, ch 225 , § 2; SL 1983, ch 282 , § 17.

If an infestation of noxious weeds or an infestation of mountain pine beetle spreads to adjacent private or public land, the person or entity owning the property from which the infestation spread is responsible for remedying the problems caused by the infestation, to the extent t…

No operations to rid lands of infestation may be undertaken pursuant to § 38-22-16 until notice of the declaration that such infested land constitutes a nuisance has been given to the owner. Notice shall be given by personal service upon the owner, if a resident of this state, a …

It is a Class 2 misdemeanor for any owner, occupant, or other person who maintains or exercises control or management over land to fail to comply with any order of the secretary of agriculture and natural resources or the South Dakota Weed and Pest Control Commission to effectuat…

If any agency of the United States fails or refuses to suppress weeds or pests on any land owned or controlled by such agency after receiving notice of such infestation by the county weed and pest board pursuant to this chapter, the South Dakota Weed and Pest Control Commission, …

If the owner of infested land is not a resident of South Dakota, service of notice may be made by posting such notice at the courthouse in the county in which the land is situated, and by mailing to the last known address of the owner. Service is deemed complete five days after t…

In the performance of their duties, pursuant to this chapter, the South Dakota Weed and Pest Control Commission, the secretary of agriculture and natural resources, his assistants, inspectors, agents, and employees are vested with police powers. Source: SL 1949, ch 437 ; SDC Supp…

The entrance by an agent or employee of the secretary of agriculture and natural resources, county or supervisor, upon property, in performing his duties, pursuant to this chapter, does not constitute trespass, nor may damage be assessed against the state, the secretary, his agen…

Upon completion of protective operations, the secretary of agriculture and natural resources shall certify to the county auditor the expenses for the performance of the protective operations, and the county auditor shall issue a warrant to the party entitled to payment of the cos…

The responsibility for and the cost of controlling and eradicating weeds and pests on all lands or highways owned or supervised by a state agency or subdivision shall be upon the state agency or subdivision supervising such lands or highways, and paid out of funds appropriated to…

All provisions, requirements, and responsibility for weed and pest control included in this chapter apply to all state government agencies and subdivisions on lands, highways, and roads owned, managed, maintained, or supervised by the government entity. Source: SL 1998, ch 248 , …

The board of county commissioners of each county shall hold a public meeting to appoint or provide for the election of a county weed and pest board no later than February 1, 1984. Prior to the meeting the board of county commissioners shall establish the number of members of the …

The county weed and pest board shall: (1) Implement and pursue an effective program for the control of weeds and pests; (2) Hold regular meetings; (3) Keep minutes of all meetings and a record of all official acts; (4) Submit a yearly report to the Department of Agriculture and N…

The county weed and pest board may purchase such quantities of agricultural chemicals, poisons, and equipment and hire such labor necessary to carry out the provisions of this chapter. The board may sell and apply agricultural chemicals and poisons for weed and pest control if su…

If a county weed and pest board has probable cause to believe there is land upon which exist weeds or pests that may spread or contribute to the injury or detriment of others, it shall investigate the suspected premises. The designated representative of the board, after giving th…

If the suspected area is found to contain weeds or pests, the county weed and pest board, by resolution adopted by a majority of its members, shall confirm such fact and set forth minimum remedial requirements for control of the area. The board shall mail, by certified mail, to t…

If the landowner fails or refuses to perform as required within the time designated, the county weed and pest board may proceed to perform the requirements. The board shall certify its expenses to the county auditor, and the auditor shall bill the landowner for the amount of the …

The costs of controlling weeds and pests on lands owned or supervised by the state shall be paid out of funds appropriated to the state agency that has responsibility for those lands. Source: SL 1983, ch 282 , § 40.

If the county weed and pest board is requested by an individual to perform weed and pest control operations on the individual's property and the individual fails to reimburse the county by November first in the year in which the operations are performed, the cost of the control, …