Title 38, AGRICULTURE AND HORTICULTURE

The Department of Agriculture and Natural Resources may annually inspect all nurseries in this state. The department may inspect any field, orchard, garden, plantation, park, cemetery, packing ground, building, cellar, and all places, public or private, which may be infested or i…

If any pests are discovered in any nursery, the certificate of inspection shall be withheld until the pest has been abated, as provided in this chapter. The secretary of agriculture and natural resources may prohibit the sale or distribution of any nursery stock if upon inspectio…

If the Department of Agriculture and Natural Resources finds on examination any nursery, nursery stock, orchard, small - fruit plantation, park, cemetery, or any private or public premises infested with pests, he shall notify in writing the owner or person having charge of such p…

The secretary of agriculture and natural resources may promulgate rules pursuant to the provisions of chapter 1-26 to establish: (1) Standards for inspection and sampling; (2) Standards for inspection performance; (3) Forms for requests for inspection; (4) Procedures for issuing …

If the owner or person in charge of any premises refuses or neglects to comply with the orders of the secretary of agriculture and natural resources, within a reasonable period of time and after receiving a written notice, the secretary may proceed to treat or destroy the infeste…

No damages may be awarded to the owner for the loss of any infested or infected, nonviable, damaged or desiccated nursery stock, decorative plant, annual plant, sod, or related plant products under this chapter. Source: SL 1985, ch 313 , § 21.

Any person selling nursery stock, decorative plants, annual plants, sod, or related plant products in this state shall, if requested, furnish the Department of Agriculture and Natural Resources with copies of his order forms, contracts, invoices, and agreements which would verify…

Any person offering for sale in this state nursery stock, decorative plant, annual plant, sod, or related plant product that is known to be infested or infected with pests shall furnish the Department of Agriculture and Natural Resources within thirty days of such sale a list of …

The information furnished pursuant to §§ 38-24B-22 and 38-24B-23 is for the sole use of the secretary of agriculture and natural resources in carrying out the provisions of this chapter. Source: SL 1985, ch 313 , § 24; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.

The secretary of agriculture and natural resources may enter into an agreement with any agency of another state or with the United States Department of Agriculture and Natural Resources which is responsible for the inspection and certification of nursery stock, decorative plants,…

Any person receiving, directly or indirectly, any shipment of nursery stock from any foreign country shall notify the Department of Agriculture and Natural Resources of the arrival of such shipment, the contents thereof, and the name of the consignor and shall hold the shipment u…

If a nurseryman violates the provisions of this chapter, the nurseryman's license may be cancelled or revoked pursuant to chapter 1-26 . In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter. Source: SL 1985…

A pest is declared to be a public nuisance. No person may knowingly permit pests to exist in or on his premises. No person may sell, offer for sale, or distribute any nursery stock, decorative plants, annual plants, sod, or related plant products infested with a pest. A violation…

Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the nursery fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees rec…

No person may intentionally misrepresent the grade, character, variety, hardiness, or quality of nursery stock in a nursery or of nursery stock, decorative plants, annual plants, sod, or related plant products offered for sale or distribution. A violation of this section is a Cla…

No person may sell, offer for sale, or distribute any nursery stock until the person has obtained a license from the secretary. A violation of this section is a Class 2 misdemeanor. Source: SL 1985, ch 313 , § 5; SL 2016, ch 202 , § 3.

Any nurseryman desiring to sell or ship nursery stock in the state shall make application before the first day of March to the department for a license. Source: SL 1985, ch 313 , § 6; SL 2016, ch 202 , § 4.

The department shall issue a license to any nurseryman, operating as a resident nurseryman or dealer, who completes the application provided by the department and pays the license fee. The annual fee for the license is as follows: (1) Resident nurseryman: two hundred dollars. How…

The department shall issue a certificate of inspection to any nurseryman or dealer whose nursery stock has been officially inspected and found to be viable and free from pests. The inspection fee shall be two hundred and fifteen dollars per inspection. Source: SL 2016, ch 202 , §…

A separate license shall be obtained from the department for each location before selling, offering, or exposing nursery stock for sale. The license shall be displayed in a prominent manner wherever nursery stock is offered for sale. A violation of this section is a Class 2 misde…

Any nurseryman whose location is outside the state may obtain a license to sell nursery stock within the state by filing a certified copy of the official inspection certificate and paying a two hundred fifty dollar fee to the secretary of agriculture and natural resources. The se…

Terms used in this chapter mean: (1) "Council," the South Dakota Oilseeds Council; (2) "First purchaser," any person who initially places sunflowers, safflowers, canola, or flax, whether as an owner, agent, or otherwise, into the channels of trade and commerce, or who is engaged …

An assessment at the rate of four cents per hundredweight shall be levied and imposed upon all sunflowers, safflowers, and canola grown in the state or sold to a first purchaser, and an assessment at the rate of one cent per bushel shall be levied and imposed upon all flax grown …

Any first purchaser of sunflowers, safflowers, canola, or flax shall collect the assessment imposed by this chapter by charging and collecting from the seller the assessment at the prescribed rate by deducting the assessment from the purchase price of all sunflowers, safflowers, …

Any first purchaser of sunflowers, safflowers, canola, or flax shall file an application or affidavit with the oilseeds council on forms prescribed and furnished by the council. The application or affidavit shall contain the name under which the first purchaser is transacting bus…

Any first purchaser shall keep a permanent record of all purchases by the first purchaser of raw sunflowers, safflowers, canola, or flax, which may be examined by the oilseeds council at any reasonable time. The first purchaser shall report to the council stating the quantity of …

If any first purchaser fails to pay the assessment provided in this chapter the oilseeds council may enforce collection in any appropriate court within this state. Source: SL 1980, ch 273 , § 16; SL 1985, ch 314 , § 6; SL 1989, ch 346 , § 14.

Any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may make application to the oilseeds council for a refund of the assessment. Upon return of the refund application accompanied by a record of the assessment by the first pur…

The oilseeds council, to inform the grower, shall develop and disseminate information and instructions relating to the purpose of the oilseeds assessment and manner in which refunds may be claimed, and to this extent shall cooperate with governmental agencies, state and federal, …

The council may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the amount the counci…

There is hereby established a South Dakota Oilseeds Council. The council is composed of seven members who shall be participating growers of oilseeds. One member shall be a participating grower of safflowers, canola, or flax. All members shall be appointed by the secretary of agri…

The production, development, marketing, and promotion of sunflowers, safflowers, canola, and flax in South Dakota is important to the general welfare of the people of South Dakota. It is in the public interest that better methods of production, processing, and marketing of sunflo…

The term of the members shall be for a period of four years, provided that the initial appointments shall be for staggered terms. If a member ceases to be a participating grower, the secretary of agriculture and natural resources shall declare the member's office vacant, and the …

The oilseeds council shall annually elect a chairman and vice - chairman. A majority of voting members constitutes a quorum. All meetings of the council shall be called by the chairman except special meetings may be called by five members of the council. The council shall adopt p…

Compensation for the oilseeds council shall be paid pursuant to § 4-7-10.4 . The compensation of the secretary shall be paid by funds of the Department of Agriculture and Natural Resources. Source: SL 1980, ch 273 , § 6; SL 1982, ch 17 , § 31; SL 1989, ch 346 , § 5; SL 2021, ch 1…

Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the "oilseeds fund." Any funds remaining in the "sunflower fund" shall be transferred to the "oilseeds fund" upon implementation of the new fund. Expenditures of these …

In the administration of this chapter, the oilseeds council may: (1) Contract and cooperate with any person or with any governmental department or agency for research, education, and transportation; (2) Expend the funds collected pursuant to this chapter and appropriated for its …

The council may promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for assessments collected for sunflowers, safflowers, canola, or flax grown or sold to a first purchaser; (3) The procedures for obtaini…

This chapter does not abrogate or limit in any way the rights, powers, duties, and functions of the Department of Agriculture and Natural Resources or any other agency of the state, but is supplementary to and in aid and cooperation with such rights, powers, duties, and functions…

Terms used in this chapter, unless the context plainly otherwise requires, mean: (1) "Council," the South Dakota Soybean Research and Promotion Council; (2) "First purchaser," any person who initially places soybeans, whether as an owner or agent, into the channels of trade and c…

Any first purchaser of soybeans shall file an application with the Soybean Research and Promotion Council on forms prescribed and furnished by the council which shall contain the name under which the first purchaser is transacting business within the state, his place of business …

Any first purchaser shall keep as a part of his permanent records a record of all purchases of raw soybeans, which may be examined by the soybean research and promotion council at any reasonable time. Every first purchaser shall report to the council stating the quantity of soybe…

If a first purchaser fails to remit the assessment provided in this chapter, the soybean council may enforce collection in any appropriate court within this state. Source: SL 1985, ch 314 , § 14.

The Soybean Research and Promotion Council, to inform the grower, shall develop and disseminate information and instructions relating to the purpose of the soybean assessment and to this extent shall cooperate with governmental agencies, state and federal, and private businesses …

The council may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the amount the counci…

There is hereby established a South Dakota Soybean Research and Promotion Council. The council shall be composed of at least five but no more than nine members who shall be participating growers. The initial members shall be appointed by the secretary of agriculture and natural r…