Title 38 — AGRICULTURE AND HORTICULTURE

The penalties provided in this chapter are not intended, nor may they be used, to prevent prosecution for the violation of any of the provisions of chapter 34-20B or chapter 39-15 . Source: SL 1970, ch 225 , § 4; SL 1983, ch 282 , § 47.

The Department of Agriculture and Natural Resources may assist, advise, and coordinate the county weed and pest boards. The secretary of agriculture and natural resources may enter into cooperative agreements with any state or federal agency to accomplish the purposes of this cha…

It is a Class 2 misdemeanor for any person to transport hay, livestock feeds or other plant products containing weed seed in such a manner as may constitute a substantial risk of contaminating fields or other lands. Source: SL 1983, ch 282 , § 49.

With the approval of two - thirds of the landowners, a community may petition the county to assess a special levy to be used for weed and pest control programs in that community. For the purposes of this section, a community is any township, a natural or artificial geographic are…

All funds collected pursuant to § 38-22-36 shall be deposited with the state treasurer in a special fund known as the "weed and pest control fund." Source: SL 1989, ch 345 , § 2; SL 1993, ch 305 , § 1A; SL 1998, ch 247 , § 8.

The commission may accept gifts, grants, contracts, or other funds designated for weed and pest management. Such funds shall be deposited in the weed and pest control fund and may be expended pursuant to §

The commission may expend weed and pest control funds through grants or contracts to weed and pest control boards, governmental agencies, or other entities it considers appropriate for weed and pest control projects for the following: (1) Employment of a new and innovative weed a…

The South Dakota Weed and Pest Control Commission shall hold its meetings at such times as it may designate, but the annual meeting shall be held on such date as may be established by rules promulgated pursuant to chapter 1-26 at which meeting a president and vice - president sha…

The secretary of agriculture and natural resources shall appoint a state weed and pest coordinator, who may not be a member of the South Dakota Weed and Pest Control Commission. Source: SL 1945, ch 349 , §§ 2, 3; SL 1949, ch 437 ; SDC Supp 1960, §§ 62.0302, 62.0303; SL 1975, ch 2…

The South Dakota Weed and Pest Control Commission shall formulate a weed and pest program for the prevention, suppression, control, and eradication of weeds and pests in South Dakota. Source: SL 1945, ch 349 , § 3; SL 1949, ch 437 ; SDC Supp 1960, § 62.0303; SL 1983, ch 282 , § 8…

The South Dakota Weed and Pest Control Commission and the Department of Agriculture and Natural Resources shall at all times work in close cooperation with all state agencies, and particularly, they shall cooperate with the South Dakota State University agricultural experiment st…

The South Dakota Weed and Pest Control Commission, pursuant to rules promulgated pursuant to the provisions of chapter 1-26 , may determine which plants and animals shall be considered to be weeds and pests and shall from time to time prepare, and the Department of Agriculture an…

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Certificate," a document issued or authorized by the secretary indicating that a regulated article is not contaminated with a pest and is eligible for movement; (2) "Designated agent," any United Sta…

Following establishment of a quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into, or through this state contrary to rules promulgated by the secretary of agriculture an…

Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and rules, to remove all possibilities of infestation and damage, in effect at t…

Whenever the secretary of agriculture and natural resources or his designated agent finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in this state, he may, upon giving notice to the owner or his rep…

Any person who owns the premises is liable for the actual and necessary expense in connection with the seizure, quarantine, treatment, or disposal of a pest, host, or regulated article. The liability may be assessed against the premises and collected in the same manner as taxes a…

Where large areas or metropolitan areas, involving many people, are to be treated, notice may be by means of newspaper, radio, or other news media. Such notice if given by newspaper shall prominently appear at least ten days prior to treatment in at least two issues of a daily pa…

To effectuate the purposes of this chapter, the secretary of agriculture and natural resources may, with a search warrant or the consent of the owner, make reasonable inspection of any property in this state. The secretary may, without a search warrant, with or without the assist…

The appropriate circuit and magistrate courts in this state shall have authority to issue search warrants for such inspections upon a showing by the secretary of agriculture and natural resources that there is probable cause to believe that there exists in or on the property to b…

The owner of any property destroyed or ordered to be treated or otherwise disposed of under this chapter may, in an action against this state in the appropriate court for the county in which he resides or the property was located, recover just compensation for any property so des…

Any person who violates any of the provisions of this chapter or who alters, forges, counterfeits, or uses without authority any certificate or permit or other document provided for in this chapter or in the rules of the secretary of agriculture and natural resources provided for…

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…

This chapter shall be known as the South Dakota Plant Quarantine Act and may not be construed to repeal any existing authority of the secretary of agriculture and natural resources but shall be in addition to any powers conferred upon the secretary by chapters 38-18 , 38-22 , and…

The secretary of agriculture and natural resources has the responsibility for administration of the provisions of this chapter. The secretary is authorized to assign functions provided for in this chapter to any unit of his department and to delegate any authority provided for in…

The Department of Agriculture and Natural Resources may grant special phytosanitary certificates on any plants or plant products for individual shipment to other states in compliance with the plant inspection and plant quarantine regulations of the state of destination or to fore…

Any owner of plants or plant products intending to ship those plants or plant products into another state or country may apply to the Department of Agriculture and Natural Resources for an inspection or for obtaining an official sample. The inspection shall determine the presence…

The secretary of agriculture and natural resources, either independently or in cooperation with counties or political subdivisions thereof, municipalities, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, is authorized to…

The secretary of agriculture and natural resources is authorized to cooperate with any agency he deems necessary to suppress, control, prevent, or retard the spread of any pest including the right to expend state funds on federal, state, and private lands for such purposes. Sourc…

The secretary of agriculture and natural resources is authorized to cooperate with agencies of adjacent states in such operations and measures as he deems necessary to locate, suppress, control, or to prevent or retard the spread of any pest; provided, that the use of funds for o…

The secretary of agriculture and natural resources is authorized to quarantine this state or any portion thereof when he shall determine that such action is necessary to prevent or retard the spread of a pest within or from this state and to place an embargo on articles from any …

The secretary of agriculture and natural resources may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include addit…

The secretary may promulgate rules pursuant to chapter 1-26 : (1) To provide standards and procedures for location, suppression, prevention, retardation, and control of the spread of pests; (2) To provide standards and procedures for plant quarantines and embargoes; (3) To provid…

Other provisions of this chapter and the provisions of chapter 1-26 notwithstanding, the secretary may adopt emergency measures to quarantine or otherwise control plant infestations on an emergency basis. Such measures shall be subject to a public hearing, which shall be held wit…

Terms, as used in this chapter, mean: (1) "Annual plants," ornamental or vegetable plants which are commonly grown in movable containers and transplanted to out of doors locations and which do not live for more than one growing season; (2) "Dealer," any person who is not a reside…

A sale or trade of nursery stock may be made by garden clubs and other nonprofit organizations only if notification of the time and place of the sale is given to the Department of Agriculture and Natural Resources at least ten days prior to the time of the intended sale. The noti…

No certificate of inspection or license may be issued to an applicant who purchases nursery stock from an uncertified nursery in this state or from a nonresident nursery or nursery stock dealer whose stock has not been inspected and certified by the regulatory official of the sta…

Any grower or dealer of decorative plants, annual plants, sod, or related plant products may apply to the department for a certificate of inspection. The department may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or related plant p…

The secretary may revoke a license for cause following a hearing pursuant to chapter 1-26 . The secretary may issue a temporary cease and desist order pending the hearing. At least ten days notice shall be given prior to conducting a hearing pursuant to this section. Source: SL 1…

A license issued pursuant to the provisions of this chapter is in effect for a period not to exceed one year and expires on December thirty-first of the year issued. Source: SL 1985, ch 313 , § 14; SL 2001, ch 215 , § 37; SL 2016, ch 202 , § 9; SL 2017, ch 181 , § 5.

Any person who engages in the selling and shipping of nursery stock, decorative plants, annual plants, or sod into this state or the selling and shipping of nursery stock out of this state shall attach to the bill of lading or to the outside of each package, box, bale, or carload…

No person may accept for shipment any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution without a valid certificate affixed to the bill of lading or on the outside of the package, bale, box, or car containing the shipment showi…

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 …