Title 38 — AGRICULTURE AND HORTICULTURE

Ord. 21-3 ), § 65, eff. Apr. 19, 2021.

The Department of Agriculture and Natural Resources of the State of South Dakota is continued with the powers, duties, and jurisdiction enumerated in this code. It shall maintain a central office in Pierre in rooms provided for the purpose, which shall be the official address of …

The Department of Agriculture and Natural Resources shall continue as such and shall continue to perform its functions as provided in § 1-41-4 , except for the inspection functions vested in the Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland Fi…

The secretary of agriculture and natural resources shall, with the advice and consent of the Governor, appoint executive assistants as may be authorized by law or as may be necessary to the efficient administration of the duties of the office. Each appointed executive assistant s…

The secretary of agriculture and natural resources may, with the advice and consent of the Governor, employ such inspectors, deputies, clerical assistants, and other necessary employees as shall be necessary for the efficient and economical administration of the department and no…

The terms of office or employment of executives, directors, inspectors, and other employees appointed or employed pursuant to § 38-1-11 or 38-1-12 shall be as prescribed by the secretary of agriculture and natural resources, and any of them may be discharged at any time without c…

The officials and employees of the Department of Agriculture and Natural Resources shall be allowed their necessary and actual traveling expenses, board, and lodging incurred in performance of duty when absent from their office. Source: SL 1907, ch 76 , § 15; RC 1919, § 7937; SL …

The secretary of agriculture and natural resources and all executive assistants and directors shall devote their entire time to the duties of the office and shall hold no other office or position of profit under the state government, but any of them may hold and administer any ot…

The secretary of agriculture and natural resources may promulgate administrative rules, pursuant to chapter 1-26 , concerning the administration of the department; the custody, use, and preservation of records, papers, books, property pertaining to the activities of the departmen…

38-1-18.1 Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds. 38-1-19 Collection and publication of agricultural and marketing statistics. 38-1-19.1 38-1-19.1 to 38-1-20.1. Repealed by SL 1982, ch 17 , §§ 23 to 29 38-1-21 Department…

The Department of Agriculture and Natural Resources shall have power to encourage, protect, and promote, in every practical manner, the interests of agriculture, including horticulture, the livestock industry, dairying, cheese making, poultry, beekeeping, forestry, game and fish,…

The secretary of agriculture and natural resources is hereby authorized to accept and receive grants, devises, bequests, donations, or gifts, in the form of money, for the purpose of establishing a fund to be used for the promotion of and provide service in agriculture. All money…

The Department of Agriculture and Natural Resources shall have power to collect and publish statistics relating to crop production, marketing and farm economics, the production and marketing of all farm products only so far as such statistical information may be of value to the a…

The head of the Department of Agriculture and Natural Resources shall be known as the secretary of agriculture and natural resources of the State of South Dakota, and wherever the word "secretary" appears in this title, it shall mean the "secretary of agriculture and natural reso…

The Department of Agriculture and Natural Resources shall also function as a bureau of statistics. It shall have authority to gather and disseminate timely information concerning the supply, demand, prices, and commercial movements of farm products including such as may be held i…

Repealed by SL 1981, ch 11 , § 5 38-1-23

38-1-24 Publication of promotional materials--Exhibits. 38-1-25

The secretary of agriculture and natural resources shall prepare, publish, and distribute by mail and otherwise, documents, articles, and advertisements designed to convey information on all matters pertaining to the agricultural, industrial, mining, and other resources and advan…

38-1-27 38-1-27 , 38-1-28. Repealed by SL 2017, ch 180 , §§ 4, 5. 38-1-29 Apiaries and bees. 38-1-30 Cooperation with commissioner of school and public lands in forest protection. 38-1-31

The Department of Agriculture and Natural Resources shall have power to cooperate with the State Fair Commission in furthering the agricultural interests of the state. Source: SL 1925, ch 115 , ch III, art I, § 2; SDC 1939, § 4.0104 (5); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff.…

The Department of Agriculture and Natural Resources shall have power to inspect apiaries and provide for the protection of bees. Source: SL 1925, ch 115 , ch III, art I, § 2; SDC 1939, § 4.0104 (10); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.

The secretary of agriculture and natural resources shall qualify by taking and filing the constitutional oath of office with the secretary of state. Source: SL 1921, ch 190 , § 1; SL 1925, ch 115 , ch I, art I, § 6; SL 1933, ch 58 ; SDC 1939, § 4.0102; SL 1943, ch 3 ; SL 2015, ch…

The Department of Agriculture and Natural Resources shall have power to cooperate with the commissioner of school and public lands in protecting the forests of the State of South Dakota, and particularly in the matter of guarding against and preventing the devastation or destruct…

38-1-33 38-1-33 , 38-1-34. Repealed by SL 2015, ch 204 , §§ 4, 5. 38-1-35

The Department of Agriculture and Natural Resources shall have power to inspect and control the importation and sale of nursery stock. Source: SL 1925, ch 115 , ch III, art I, § 2; SDC 1939, § 4.0104 (9); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021. 38-1-33, 38-1-34.…

38-1-37 Cooperation and coordination with other departments--Preventing duplication of effort. 38-1-38 Representation of agricultural interests before federal agencies. 38-1-38.1 Principles of state before federal government. 38-1-39

The Department of Agriculture and Natural Resources shall have power to cooperate with the Department of Game, Fish and Parks of the State of South Dakota in the protection, preservation, propagation, and distribution of fish, game, and wild animals. Source: SDC 1939, § 4.0104 (7…

The secretary of agriculture and natural resources shall furnish such cooperation, coordination, data, and information to other departments, subdivisions, or officers of the state government as may promote the most efficient administration of the state government as a whole and a…

The secretary of agriculture and natural resources shall have power to arrange, subject to approval of the Governor, for representation before legislative and administrative agencies of the federal government, at such times as it seems advisable and in the manner deemed most adva…

The State of South Dakota, its agencies and representatives shall adhere to the following principles whenever representing the State of South Dakota before the United States Congress, the President, the United States Department of Agriculture, or any other federal agency in any m…

38-1-41

The secretary of agriculture and natural resources, under the general direction and control of the Governor, shall execute the powers and discharge the duties vested by law in the Department of Agriculture and Natural Resources. Source: SL 1921, ch 190 , § 1; SL 1925, ch 115 , ch…

The secretary of agriculture and natural resources may make complaint against any person violating any of the provisions of the laws he is empowered to enforce or administer, before any court having jurisdiction, and security for costs shall not be required of the complainant in …

Ord. 19-1 ), § 40, eff. Apr. 14, 2019. 38-1-43 Transferred to § 1-53-22 by SL 2019, ch 235 (Ex. Ord. 19-1 ), § 41, eff. Apr. 14, 2019. 38-1-44 Definition of terms. 38-1-45 Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition. 38-1-46 Request that s…

Ord. 19-1 ), § 40, eff. Apr. 14, 2019.

Ord. 19-1 ), § 41, eff. Apr. 14, 2019.

Terms used in §§ 38-1-44 to 38-1-50 , inclusive mean: (1) "Farmer," the person responsible for planting a crop on, managing the crop, and harvesting the crop from land on which a patent infringement is alleged to have occurred; and (2) "Transgenic organism," an organism that has …

Before a person holding a patent on transgenic seed may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent: (1) Shall notify the farmer in writing of the allegation t…

If either party requests the secretary of agriculture and natural resources to provide for the collection of samples under § 38-1-45 , or to participate in or conduct any other aspect of the sampling or analysis process, the secretary shall designate an employee or enter into an …

If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protection order from the circuit court. The protection order may not interrupt or interfere with normal farming pra…

The samples may be taken from a standing crop, from representative standing plants in the field, or from crops remaining in the field after harvest. Source: SL 2002, ch 188 , § 5.

The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26 , to determine the following sampling protocols: (1) To determine who is authorized to collect samples or conduct related activity; (2) To determine methods of sample storage; (3) To…

Superseded 38-1-5.1

38-1-6 38-1-6 to 38-1-10. Superseded 38-1-11 Executive assistants--Oath. 38-1-12 Employment of inspectors and other employees. 38-1-13 Terms of office of executives and employees--Discharge--Salaries. 38-1-14 Traveling expenses of departmental personnel. 38-1-15 Secretary and exe…

The results of any testing conducted under §§ 38-1-44 to 38-1-50 , inclusive, shall be sent by registered letter to either party by the other within thirty days after the results are reported from the testing laboratory. Source: SL 2002, ch 188 , § 7.

Data or financial information made or received by the secretary of agriculture and natural resources for the purpose of application for loans, marketing assistance, agricultural finance counseling, and farm loan mediation are not public records and are exempt from the provisions …

The secretary of agriculture and natural resources of the State of South Dakota is hereby authorized and directed to enter into cooperative agreements with any officers or agencies of the federal government for the taking of annual agricultural censuses by the regularly appointed…

It shall be the duty of other public officers and employees within the state to comply with and perform all the duties imposed upon them or required by the provisions of cooperative agreements entered into pursuant to § 38-5-1 and the directions of the secretary of agriculture an…

Ord. 19-1 ), § 42, eff. Apr. 14, 2019. 38-6-2. Repealed by SL 2015, ch 204 , § 7.

Ord. 19-1 ), § 51, eff. Apr. 14, 2019.