S.D. Codified Laws § 38-21-15.3 — SD Code / Title 38 / Chapter 21 / Section 38-21-15.3
Existing bulk pesticide storage--Alteration--Plans prepared--Rules prohibited
Status: in_force

The secretary may not promulgate a rule requiring that plans, specifications, and supporting information submitted for an alteration of an existing bulk pesticide storage facility or the construction of a new site be prepared by a registered professional engineer. Nothing in this section prohibits an operator of a bulk pesticide storage facility from voluntarily having the plans, specifications, and supporting information prepared by a registered professional engineer.

Source: SL 1986, ch 332, § 11; SL 2020, ch 173, § 35.
S.D. Codified Laws § 38-19-35 — SD Code / Title 38 / Chapter 19 / Section 38-19-35
Annual publication of fertilizer data and analysis results--Separation by semiannual periods
Status: in_force

The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial fertilizers, together with such data on their production and use as he may consider advisable, and report of the results of the analyses based on official samples of commercial fertilizers sold within the state as compared with the analyses guaranteed under § 38-19-15 . Provided, however, that the information concerning production and use of commercial fertilizers shall be shown separately for the periods July first to December thirty - first and January first to June thirtieth of each year, and no disclosure shall be made of the operations of any person.

Source: SL 1949, ch 85, § 11; SDC Supp 1960, § 22.1711; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-27-14 — SD Code / Title 38 / Chapter 27 / Section 38-27-14
Records and reports--Remittance of assessment
Status: in_force

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 sunflowers, safflowers, canola, or flax received by the first purchaser. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the council pursuant to rules promulgated pursuant to chapter 1-26 .

Source: SL 1980, ch 273, § 12; SL 1985, ch 314, § 5; SL 1989, ch 346, § 13; SL 2010, ch 201, § 7.
S.D. Codified Laws § 38-19-24 — SD Code / Title 38 / Chapter 19 / Section 38-19-24
Intimate and uniform mixture required in custom mixing
Status: in_force

A licensee shall at all times produce an intimate and uniform mixture of fertilizer materials. When two or more fertilizer materials are delivered in the same load, they shall be intimately and uniformly mixed unless they are in separate compartments. To provide for intimate and uniform mixture of fertilizer materials, the secretary, pursuant to the provisions of chapter 1-26 , may promulgate rules to establish good manufacturing practices.

Source: SDC Supp 1960, § 22.1703(2)(b) as enacted by SL 1966, ch 66, § 3; SL 1982, ch 281, § 27; SL 1986, ch 326, § 30.
S.D. Codified Laws § 38-1-50 — SD Code / Title 38 / Chapter 1 / Section 38-1-50
Results to be sent to both parties by registered mail--Time
Status: in_force

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.
S.D. Codified Laws § 38-33-11 — SD Code / Title 38 / Chapter 33 / Section 38-33-11
Dissemination of information
Status: in_force

The commission, to inform the seller, shall develop and disseminate information and instructions relating to the purpose of the swine assessment and manner in which refunds may be claimed, and to this extent shall cooperate with government agencies, state and federal, and private businesses engaged in the purchase of swine.

Source: SL 2001, ch 219, § 15.
S.D. Codified Laws § 38-19-36.4 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.4
"Anhydrous ammonia" defined
Status: in_force

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 formula NH3. On a weight basis, the ratio is fourteen parts nitrogen to three parts hydrogen or approximately eighty - two percent nitrogen to eighteen percent hydrogen. Anhydrous ammonia may exist in either a gaseous or a liquid state.

Source: SL 2001, ch 216, § 1.
S.D. Codified Laws § 38-24B-24 — SD Code / Title 38 / Chapter 24B / Section 38-24B-24
Use of information
Status: in_force

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.
S.D. Codified Laws § 38-22-1.5 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.5
Composition of commission
Status: in_force

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 as nonvoting members, the secretary of transportation or a designee, the secretary of game, fish and parks or a designee, the commissioner of school and public lands or a designee, a member of the South Dakota Association of County Commissioners to be appointed by that association, and five members appointed by the Governor as provided in § 38-22-1.6 .

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 21; SL 2002, ch 189, § 1; SL 2010, ch 199, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-10-6 — SD Code / Title 38 / Chapter 10 / Section 38-10-6
Areas represented by appointive members of commission
Status: in_force

Two of the five members of the wheat commission referred to in §§ 38-10-4 and 38-10-5 shall be residents of and having farming operations in that area of the State of South Dakota west of the Missouri River; two of the members shall be residents of and having farming operations in that area of the State of South Dakota east of the Missouri River; and one member shall be selected as a member at large from the State of South Dakota. Members shall be selected with regard to representation of wheat classes and production in the state.

Source: SL 1961, ch 11, § 4 (3); SL 1993, ch 302, § 6.
S.D. Codified Laws § 38-19-10.1 — SD Code / Title 38 / Chapter 19 / Section 38-19-10.1
Additional inspection fee deposited in precision agriculture fund
Status: in_force

In addition to the fee imposed by § 38-19-10 , each licensed distributor of commercial fertilizer shall pay to the secretary of agriculture and natural resources for all commercial fertilizer distributed in this state an inspection fee of twenty-five cents per ton in accordance with the provisions of § 38-19-12 . Notwithstanding the provisions of § 38-19-14 , the fee imposed by this section shall be deposited in the precision agriculture fund created pursuant to § 13-49-38 .

Source: SL 2018, ch 123, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-11.1 — SD Code / Title 38 / Chapter 12A / Section 38-12A-11.1
Seed fund established--Purpose--Appropriations
Status: in_force

Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the seed fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the seed program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 2001, ch 215, § 2.
S.D. Codified Laws § 38-11-3 — SD Code / Title 38 / Chapter 11 / Section 38-11-3
Oath of board members--Officers of board
Status: in_force

The members of the State Seed Certification Board shall qualify by taking and subscribing to the oath of office required by civil officers of the state.

The board shall elect a president, vice - president, and secretary from among their number for a term of one year, beginning at the annual meeting at which they are elected.

Source: SL 1947, ch 18, § 1; SL 1949, ch 12; SDC Supp 1960, § 4.10B01.
S.D. Codified Laws § 38-24A-9.1 — SD Code / Title 38 / Chapter 24A / Section 38-24A-9.1
Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter1-26becomes applicable
Status: in_force

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 within twenty - one days of implementation of such measures, but no official decision need be undertaken at the conclusion of such hearing. Notice of such hearing shall be published at least once in at least one official newspaper in the infested area. Such emergency measures shall be valid for a period of ninety days from implementation of the measures. After ninety days, such measures shall be subject to the rule - making procedures of chapter 1-26 .

Source: SL 1986, ch 326, § 54.
S.D. Codified Laws § 38-33-2 — SD Code / Title 38 / Chapter 33 / Section 38-33-2
South Dakota Pork Commission established--Members--Terms of office--Elections--Meetings
Status: in_force

There is hereby established the South Dakota Pork Commission. The commission shall be composed of five members who:

(1) Are landowning residents of South Dakota;

(2) Are at least twenty - five years of age and residents of South Dakota;

(3) Have been actually engaged in raising swine in this state for a period of at least five years;

(4) Derive a substantial portion of their income from raising swine; and

(5) Are participating sellers.

The initial members shall be appointed by the secretary from a list of recommendations submitted to the secretary by the pork producers of the state. The terms of members are three years; the initial appointments shall be for staggered terms. The secretary is an ex officio, nonvoting member of the commission.

Each successor to the initial members shall be elected by the pork producers of the state under rules promulgated by the secretary pursuant to chapter 1-26 . No member may serve for more than two consecutive elected terms.

Source: SL 2001, ch 219, § 2, 3, 4.
S.D. Codified Laws § 38-19-36.5 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.5
Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty
Status: in_force

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, and authorized to transport anhydrous ammonia;

(3) Use, deliver, receive, sell, or transport a container designed and constructed to contain anhydrous ammonia without the express consent of the owner or authorized custodian of the container; or

(4) Tamper with any equipment or facility used to contain, store, or transport anhydrous ammonia.

For the purposes of this section, containers designed and constructed for the storage and transport of anhydrous ammonia are described in the Code of Federal Regulations, title 49 as of January 1, 2001. Any person who violates the provisions of this section is guilty of a Class 5 felony or is subject to a civil penalty not to exceed fifty thousand dollars or both.

Source: SL 2001, ch 216, § 2.
S.D. Codified Laws § 38-21-44 — SD Code / Title 38 / Chapter 21 / Section 38-21-44
Licensure action--Penalty
Status: in_force

The secretary, pending examination and after notice and opportunity for a hearing, pursuant to chapter 1-26 , may suspend, revoke, deny, or modify any provision of any license issued under this chapter and held by the violator, if the secretary finds that the holder or applicant has committed any of the following acts, each of which is declared to be a violation of this chapter:

(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;

(2) Made a pesticide recommendation or application inconsistent with the labeling, or mixed, loaded, stored, transported, disposed, displayed, or handled a pesticide or pesticide container inconsistent with the product label or labeling, provided a deviation may include:

(a) The loading and handling of the manufacturer's unbroken immediate container; and

(b) Actions permitted under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136(ee), as amended through January 1, 2023;

(3) Applied known ineffective or improper materials;

(4) Operated faulty or unsafe equipment;

(5) Operated in a faulty, careless, or negligent manner;

(6) Neglected or, after notice, refused to comply with this chapter, rules adopted under this chapter, or any lawful order of the secretary;

(7) Refused or neglected to keep and maintain records required by this chapter, or to make reports as required;

(8) Made false or fraudulent records, invoices, or reports;

(9) Engaged in the business of applying a pesticide on the lands of another, without having a license or certification required by this chapter;

(10) Used fraud or misrepresentation in applying for or renewing a license or certification;

(11) Refused or neglected to comply with any limitations or restrictions listed on an issued license;

(12) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, conspired with such a person to evade the provisions of this chapter, or allowed one's license or certification to be used by another person;

(13) Made false or misleading statements to the secretary or the secretary's agents during an inspection or investigation conducted under this chapter;

(14) Impersonated any federal, state, county, or city inspector or official;

(15) Failed to maintain the aerial requirements, as provided for in § 38-21-20 ;

(16) Transported, stored, used, disposed of, or handled any pesticide, pesticide container, rinsate, or application equipment in a manner that:

(a) Endangers or causes injury or damage to humans, vegetation, crops, livestock, wildlife, or beneficial insects; or

(b) Pollutes groundwater or surface water; or

(17) Violated agricultural pesticide application laws of any other state or violated federal agricultural pesticide application laws while in any other state.

In addition to the administrative sanctions available to the secretary pursuant to this section, a violation of this section is a Class 2 misdemeanor.

Any person who violates this section is also subject to a civil penalty, not to exceed five thousand dollars per violation. A civil penalty under this section must be imposed by the circuit court.

Any civil penalty collected must be deposited into the state general fund.

The secretary is not required to seek the administrative sanctions available under this section before referring charges or commencing any action against an alleged violator of this section.

Source: SL 1951, ch 113, § 3; SL 1953, ch 93, § 2; SDC Supp 1960, § 22.12B07; SDCL, § 38-21-12; SL 1974, ch 255, § 16; SL 1986, ch 332, § 10; SL 1987, ch 287, § 8; SL 1990, ch 321; SL 1991, ch 326, § 17; SL 2020, ch 174, § 14; SL 2023, ch 145, § 5.
S.D. Codified Laws § 38-24A-12.1 — SD Code / Title 38 / Chapter 24A / Section 38-24A-12.1
Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land
Status: in_force

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 are collected. The department shall keep an accurate account of the expenses incurred in itemized form and certify it to the county auditor of the county where the land is located. The county auditor shall place the amount upon the next tax list to be prepared in the county, in a separate column to be headed "for the control of pests." The county treasurer shall remit all money collected under this section to the state treasurer who shall deposit it in the general fund. The assessment is subject to all penalties provided for the nonpayment of taxes, and the entry of such expenses upon the tax list is presumptive evidence of the liability of the land to the tax.

Source: SL 1986, ch 334, § 3.
S.D. Codified Laws § 38-24B-13 — SD Code / Title 38 / Chapter 24B / Section 38-24B-13
Revocation of license--Hearing--Notice--Temporary cease and desist order
Status: in_force

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 1985, ch 313, § 13; SL 2016, ch 202, § 8.
S.D. Codified Laws § 38-34-20 — SD Code / Title 38 / Chapter 34 / Section 38-34-20
Referendum on raising or reducing assessment
Status: in_force

If fifteen percent of the participating growers, as disclosed by the records of the council for the preceding year, petition the council, the council shall conduct a referendum among the participating growers of the state to determine whether they wish the Legislature to raise or reduce the assessment imposed by this chapter. The referendum may be conducted only among participating growers who have paid all assessments pursuant to this chapter for the preceding year, and the ballots shall be prepared by the council and mailed to each participating grower at least thirty days before the last date for filing ballots. In addition, each ballot shall be accompanied by a notice to each participating grower:

(1) Of the date of the filing of the petition by the growers for the referendum and the number of signatures contained on the petition;

(2) Of the date and place where the council will open and tabulate the ballots. The date may be not less than five days after the last date for filing the ballots;

(3) Of the last date upon which ballots may be filed with the council, or postmarked if delivered to the council by mail; and

(4) That any participating grower may attend the meeting of the council at the time the ballots are opened and the votes tabulated.

If a majority of the participating growers voting upon the question are in favor of the proposed change, the council shall certify the result to the secretary with the request that the secretary prepare a bill to submit to the next legislative session to modify this chapter accordingly. The results of the referendum are advisory only, and the Legislature is not obligated to adopt legislation enacting the proposals contained in the referendum.

Source: SL 2005, ch 214, § 20.
S.D. Codified Laws § 38-27-16 — SD Code / Title 38 / Chapter 27 / Section 38-27-16
Refunds--Applications
Status: in_force

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 purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. However, a grower, for any reason, having paid the assessment more than once on the same sunflowers, safflowers, canola, or flax, upon furnishing proof of this to the council, is entitled to a refund of the overpayment.

Source: SL 1980, ch 273, § 13; SL 1985, ch 314, § 7; SL 1986, ch 336; SL 1989, ch 346, § 15; SL 1990, ch 322.
S.D. Codified Laws § 38-21-33.8 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.8
Pesticide dealer--Exemption
Status: in_force

Any person holding a pesticide dealer's license pursuant to § 38-21-33.1 is exempt from purchasing a poison license for any pesticide listed as a poison under chapter 34-20 and from maintaining a poison register as required in §§ 34-20 -4 and 34-20 -5.

Source: SL 1986, ch 282; SL 2020, ch 173, § 47.
S.D. Codified Laws § 38-22-23.8 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.8
Compensation and expense allowances of board members
Status: in_force

The board of county commissioners shall establish rates of compensation and expense and mileage allowances for the county weed and pest board members.

Source: SL 1983, ch 282, § 33.
S.D. Codified Laws § 38-20A-17.1 — SD Code / Title 38 / Chapter 20A / Section 38-20A-17.1
Misbranded pesticides
Status: in_force

(1) The label bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading;

(2) It is an imitation of or is offered for sale under the name of another pesticide;

(3) The label bears any reference to registration under the provisions of this chapter;

(4) The label does not contain necessary instructions for use which are adequate, if complied with, for the protection of the public;

(5) The label does not bear a necessary warning or caution statement which is adequate, if complied with, to prevent injury to living persons or other vertebrate animals;

(6) The label does not bear an ingredient statement on the immediate container and on the outside container or wrapper, if one exists through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

(7) The label fails to clearly and plainly show the name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured; the name, brand, or trademark under which the pesticide is registered and sold; and the net weight or measure of the contents of the container, subject, however, to any reasonable variations as the secretary of agriculture and natural resources may permit by regulation;

(8) Any word, statement, or other information required by the provisions of this chapter that appears on the labeling is not prominently placed on the labeling in a conspicuous manner, when compared with other words, statements, designs, or graphic material on the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(9) The pesticide is injurious to living persons or other vertebrate animals, or to vegetation, except weeds or pests, to which it is applied, or to the person applying the pesticide, when used as directed or in accordance with commonly recognized practices.

Source: SL 1983, ch 281, § 19; SL 2020, ch 173, § 11; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-25 — SD Code / Title 38 / Chapter 8 / Section 38-8-25
Appointment of supervisors for reorganized district
Status: in_force

Within sixty days after the hearing and determination pursuant to §§ 38-8-23 and 38-8-24 , the Division of Resource Conservation and Forestry shall appoint five supervisors to serve until the next general election, when all supervisors shall be elected.

Source: SDC 1939, § 4.1517 (1) (a) as enacted by SL 1947, ch 13; SL 1968, ch 1, § 13; SL 1969, ch 6, § 1; SL 1994, ch 316, § 15.
S.D. Codified Laws § 38-24B-7 — SD Code / Title 38 / Chapter 24B / Section 38-24B-7
Issuance of license--Annual fee
Status: in_force

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. However, the fee for a resident nurseryman with less than five thousand dollars in gross sales on nursery stock is forty-two dollars and fifty cents;

(2) Nursery stock dealer with less than five thousand dollars annual gross sales of nursery stock: seventy dollars;

(3) Nursery stock dealer with more than five thousand but less than twenty thousand dollars annual gross sales of nursery stock: one hundred fifteen dollars; or

(4) Nursery stock dealer with more than twenty thousand dollars annual gross sales of nursery stock: two hundred dollars.

Source: SL 1985, ch 313, § 7; SL 2001, ch 215, § 27; SL 2009, ch 197, § 2; SL 2016, ch 202, § 1; SL 2017, ch 181, § 2.
S.D. Codified Laws § 38-24B-30 — SD Code / Title 38 / Chapter 24B / Section 38-24B-30
Nursery fund established--Purpose--Appropriations
Status: in_force

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 received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the nursery program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 2001, ch 215, § 30.
S.D. Codified Laws § 38-8-24 — SD Code / Title 38 / Chapter 8 / Section 38-8-24
Determination of administrative practicability and feasibility of combining districts
Status: in_force

If the State Conservation Commission shall determine upon the facts presented at the hearing pursuant to § 38-8-23 and information as may be available that the combination of such districts or territory is economically practicable and feasible, the commission shall make and record such determination. If the commission shall determine after such hearing and giving due consideration to said facts and information that combination of such districts or territory is not practicable or economically feasible such petition shall be denied.

Source: SDC 1939, § 4.1517 (1) as enacted by SL 1947, ch 13; SL 1968, ch 1, § 13.
S.D. Codified Laws § 38-20A-26 — SD Code / Title 38 / Chapter 20A / Section 38-20A-26
Sale or distribution of adulterated or misbranded article prohibited
Status: in_force

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is adulterated or misbranded, or any device which is misbranded.

Source: SL 1947, ch 99, § 4; SDC Supp 1960, § 22.12A04 (1) (e); SDCL, § 39-19-26; SL 1977, ch 190, § 417; SL 1983, ch 281, § 22.
S.D. Codified Laws § 38-12A-8 — SD Code / Title 38 / Chapter 12A / Section 38-12A-8
Seed sold in bulk--Display of label on container--Customer copy--Exception
Status: in_force

If seed is offered or exposed for sale in bulk or sold from bulk, the label information requested by §§ 38-12A-2 to 38-12A-7 , inclusive, shall be conspicuously displayed on the container or bin. A copy of the label or label information shall be presented to the consumer upon sale except for sale of lawn and turf, vegetable, or flower seed when weighed or measured from bulk in the presence of the consumer.

Source: SL 1988, ch 314, § 8.
S.D. Codified Laws § 38-8-99 — SD Code / Title 38 / Chapter 8 / Section 38-8-99
Ordinances and regulations terminated on dissolution of district--Division substituted as party to contracts--Liens and pending actions
Status: in_force

Upon issuance of a certificate of dissolution under the provisions of this chapter, all ordinances and regulations theretofore adopted and in force within the conservation district shall be of no further force and effect. All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The Division of Resource Conservation and Forestry shall be substituted for the district or supervisors as party to such contracts. The division shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and to be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of such chapter, and the division shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6.
S.D. Codified Laws § 38-1-40 — SD Code / Title 38 / Chapter 1 / Section 38-1-40
Prosecution by secretary of violations--Security for costs not required
Status: in_force

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 any action or proceeding instituted by him or under his authority for the purpose of such enforcement, and it shall be the duty of all prosecuting officers of this state to prosecute all actions or proceedings instituted by the secretary of agriculture and natural resources.

Source: SL 1925, ch 115, ch III, art V, § 3; SDC 1939, § 4.0105; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-20-34 — SD Code / Title 38 / Chapter 20 / Section 38-20-34
Grasshoppers--Control and destruction--Agreements by department
Status: in_force

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 department is also authorized to enter into a cost - sharing program with these agencies and committees if funds are made available pursuant to chapter 4-8A or other funds available to the Department of Agriculture and Natural Resources. The state share may not exceed one - third of the costs of these programs.

Source: SL 1979, ch 265, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-34-17 — SD Code / Title 38 / Chapter 34 / Section 38-34-17
Enforcement of collection
Status: in_force

If any first purchaser fails to pay the assessment provided in this chapter, the council may enforce collection in any appropriate court within this state.

Source: SL 2005, ch 214, § 17.
S.D. Codified Laws § 38-18-11 — SD Code / Title 38 / Chapter 18 / Section 38-18-11
Exposure of infected bees or equipment as misdemeanor--Additional penalty
Status: in_force

No person may expose any bees, bee equipment, or appliances infected with pests in a manner or in a place where the pest could be transmitted or disseminated to other bees or bee equipment. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a further penalty not to exceed five hundred dollars per day for each day he remains in violation of this section.

Source: SL 1947, ch 6, § 9; SL 1959, ch 2, § 6; SDC Supp 1960, § 4.1109; SL 1986, ch 330, § 13.
S.D. Codified Laws § 38-8A-4 — SD Code / Title 38 / Chapter 8A / Section 38-8A-4
Content of guidelines
Status: in_force

The guidelines developed by the State Conservation Commission shall consist of recommended soil loss limits and suggested conservation practices.

Source: SL 1976, ch 242, § 4.
S.D. Codified Laws § 38-7-2.1 — SD Code / Title 38 / Chapter 7 / Section 38-7-2.1
Division of Resource Conservation and Forestry created
Status: in_force

There is hereby created within the Department of Agriculture and Natural Resources created by chapter 1-41 a Division of Resource Conservation and Forestry.

Source: SL 1975, ch 23, § 1; SL 1995, ch 310 (Ex. Ord. 95-1), §§ 16, 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-34-21 — SD Code / Title 38 / Chapter 34 / Section 38-34-21
Council may contract with Public Utilities Commission to inspect assessment and checkoff records
Status: in_force

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 council shall reimburse the Public Utilities Commission for the inspections.

Source: SL 2005, ch 214, § 21; SL 2009, ch 196, § 5.
S.D. Codified Laws § 38-20A-16 — SD Code / Title 38 / Chapter 20A / Section 38-20A-16
Adulterated pesticides
Status: in_force

A pesticide is adulterated if its strength or purity does not meet the professed standard or quality, as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable ingredient of the pesticide has been wholly or in part abstracted.

Source: SL 1943, ch 88, § 3; SL 1947, ch 99, § 3; SDC Supp 1960, § 22.12A03 (1); SDCL, § 39-19-16; SL 1983, ch 281, § 10; SL 2020, ch 173, § 10.
S.D. Codified Laws § 38-33-6 — SD Code / Title 38 / Chapter 33 / Section 38-33-6
Promulgation of rules
Status: in_force

The commission shall promulgate rules pursuant to chapter 1-26 concerning:

(1) The procedures for obtaining a declaratory ruling;

(2) The procedures for collecting assessments for swine sold to a purchaser and the amount of the assessment in accordance with § 38-33-7 ;

(3) The procedures for obtaining a refund of the assessment;

(4) The procedures for collecting delinquent assessments and assessing penalties;

(5) The record - keeping and reporting requirements of purchasers.

Source: SL 2001, ch 219, § 8.
S.D. Codified Laws § 38-18-21 — SD Code / Title 38 / Chapter 18 / Section 38-18-21
Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor
Status: in_force

All bees and used bee equipment brought into this state from other states shall be accompanied by a certificate of health issued by that state or a compliance agreement with this state. The certificate of health shall comply with § 38-18-23 . The transportation of bees into this state without a certificate of health or a compliance agreement by any person or common carrier is a Class 1 misdemeanor.

Source: SL 1947, ch 6, § 10; SDC Supp 1960, § 4.1110; SL 1986, ch 330, § 25; SL 1992, ch 280, § 9.
S.D. Codified Laws § 38-19A-12 — SD Code / Title 38 / Chapter 19A / Section 38-19A-12
Failure to file, false filing, or failure to pay inspection fee as grounds for registration revocation
Status: in_force

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. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-5-3 — SD Code / Title 38 / Chapter 5 / Section 38-5-3
Duties of other public officers and employees
Status: in_force

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 and natural resources.

Source: SL 1937, ch 17, § 2; SDC 1939, § 4.0602; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-35-12 — SD Code / Title 38 / Chapter 35 / Section 38-35-12
Department of Health--Promulgation of rules
Status: in_force

The Department of Health shall promulgate rules, pursuant to chapter 1-26 , to:

(1) Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture;

(2) Establish testing procedures to determine if the hemp tested contains the lawful amount of total delta-9 tetrahydrocannabinol concentration and certifying results; and

(3) Establish labeling requirements for industrial hemp products.

Source: SL 2020, ch 176, § 12, eff. Mar. 27, 2020; SL 2022, ch 155, § 12, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-8-54.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-54.1
Borrowing funds and pledging credit of district authorized
Status: in_force

The conservation districts may borrow funds to meet the necessities arising from the operation and maintenance of the conservation district, and may pledge the credit of the district for the payment of the obligations.

Source: SL 1979, ch 263.
S.D. Codified Laws § 38-1-38 — SD Code / Title 38 / Chapter 1 / Section 38-1-38
Representation of agricultural interests before federal agencies
Status: in_force

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 advantageous to the state, for the purpose of obtaining federal legislation or administrative rulings helpful to the agricultural interests of the country, either individually or cooperatively with another state or other states with like interests, or in cooperation with agricultural organizations.

Source: SL 1921, ch 190, § 5; SDC 1939, § 4.0104 (12); SL 1978, ch 281, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-1-45 — SD Code / Title 38 / Chapter 1 / Section 38-1-45
Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition
Status: in_force

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 that a patent infringement has occurred and request written permission to enter upon the farmer's land; and

(2) Shall obtain the written permission of the farmer.

The farmer shall grant or deny access within seven days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land.

Source: SL 2002, ch 188, § 2.
S.D. Codified Laws § 38-19-50 — SD Code / Title 38 / Chapter 19 / Section 38-19-50
Nutrient Research and Education Council created--Membership
Status: in_force

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 representing the specialty fertilizer industry, one representing the certified agronomy association, and one farmer member of the State Conservation Commission. The council shall also include five nonvoting members: two representing environmental organizations, one representing the director of the South Dakota Agricultural Experiment Station, and two representing the secretary of the Department of Agriculture and Natural Resources. The certified agronomy association and any association or organization representing the fertilizer industry, growers, and the environment may submit nominations to the secretary of agriculture and natural resources for their respective members. The secretary shall select from these nominations the members of the council. Members of the council may receive no compensation, but members may be reimbursed for travel and subsistence expense at the rates set pursuant to chapter 3-9 . The council shall meet at least twice each year. The council shall be provided with staff assistance from the South Dakota Agricultural Experiment Station. The council retains the respective quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions as defined in § 1-32-1 otherwise vested in the council. The council shall exercise those functions independently of the South Dakota Agricultural Experiment Station.

Source: SL 2016, ch 201, § 5; SL 2018, ch 242, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 67, eff. Apr. 19, 2021; SL 2024, ch 20, § 16.
S.D. Codified Laws § 38-8-60 — SD Code / Title 38 / Chapter 8 / Section 38-8-60
Construction, operation and maintenance of structures by district
Status: in_force

A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to construct, improve, operate, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (4); SL 1957, ch 4, § 4.
S.D. Codified Laws § 38-21-35 — SD Code / Title 38 / Chapter 21 / Section 38-21-35
Veterinarians --Exemption
Status: in_force

The licensing requirements of this chapter do not apply to a licensed veterinarian applying pesticides other than restricted-use pesticides to animals during the normal course of the veterinarian's practice if the veterinarian is not principally or regularly engaged in the business of applying pesticides and is not publicly identified as a pesticide applicator.

Source: SL 1974, ch 255, § 27; SL 2020, ch 173, § 48.
S.D. Codified Laws § 38-18-3.3 — SD Code / Title 38 / Chapter 18 / Section 38-18-3.3
Identification of apiary--Violation as misdemeanor
Status: in_force

Any person owning an apiary shall place a prominent sign within the apiary, with the name, address, and telephone number of the person in charge of maintaining the apiary. Any person who fails to identify an apiary as provided in this section is guilty of a Class 2 misdemeanor.

Source: SL 1986, ch 330, § 5.
S.D. Codified Laws § 38-10-17 — SD Code / Title 38 / Chapter 10 / Section 38-10-17
Research restricted to cooperation with other agencies
Status: in_force

The wheat commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with proper local, state, or national organizations, public or private, in carrying out the purposes of this chapter.

Source: SL 1961, ch 11, § 19.
S.D. Codified Laws § 38-32-9 — SD Code / Title 38 / Chapter 32 / Section 38-32-9
Districts from which directors elected
Status: in_force

One director shall be elected from each of the following districts:

District Number

Counties Comprising District

I

Union, Clay, Yankton, Lincoln, Turner

II

Minnehaha, Moody, Lake, Miner

III

Brookings, Kingsbury, Hamlin, Deuel, Codington

IV

Clark, Day, Grant, Roberts, Marshall

V

Brown, McPherson, Campbell, Walworth, Corson, Perkins, Harding

VI

Spink, Faulk, Edmunds, Potter

VII

Aurora, Sanborn, Jerauld, Buffalo, Beadle, Hand, Hyde

VIII

Bon Homme, Hutchinson, Douglas, McCook, Hanson, Davison

IX

Charles Mix, Gregory, Brule, Lyman, Hughes, Sully, Dewey, Stanley, Jones, Tripp, Todd, Mellette, Ziebach, Haakon, Jackson, Bennett, Oglala Lakota, Fall River, Custer, Pennington, Meade, Lawrence, Butte

Source: SL 1988, ch 318, § 9; SL 2010, ch 202, § 5; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 38-22-1.7 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.7
Functions of commission
Status: in_force

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.
S.D. Codified Laws § 38-12A-14 — SD Code / Title 38 / Chapter 12A / Section 38-12A-14
Secretary provided copy of records and access to premises
Status: in_force

Upon acknowledgment of signature of application for seed permit, each applicant shall agree to provide the secretary with a legible copy of any records, and access during customary business hours to premises where seed is sold, handled, or stored.

Source: SL 1988, ch 314, § 14.
S.D. Codified Laws § 38-19A-8 — SD Code / Title 38 / Chapter 19A / Section 38-19A-8
False or misleading statements, labeling, advertising, or oral claims prohibited
Status: in_force

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, ch 244, § 3.
S.D. Codified Laws § 38-8-43 — SD Code / Title 38 / Chapter 8 / Section 38-8-43
Removal of supervisor from office
Status: in_force

Any supervisor of a conservation district may be removed by the State Conservation Commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

Source: SL 1937, ch 19, § 7; SDC 1939, § 4.1509; SL 1947, ch 12; SDC Supp 1960, § 4.1509 (3); SL 1968, ch 1, § 8.
S.D. Codified Laws § 38-19-2.2 — SD Code / Title 38 / Chapter 19 / Section 38-19-2.2
Name and address required on application for distribution license and to appear on other materials of licensee
Status: in_force

An application for a commercial fertilizer distribution license shall include the name and address of the licensee. The licensee's name and address as it appears on the license shall appear on all labels and pertinent invoices used by the licensee and on all bulk storage units operated by the licensee in this state.

Source: SL 1982, ch 281, § 3; SL 2001, ch 215, § 9.
S.D. Codified Laws § 38-17-7 — SD Code / Title 38 / Chapter 17 / Section 38-17-7
Entry of seed lien statements by register of deeds--Notice to purchasers and encumbrancers
Status: in_force

The office of the register of deeds shall file and enter the statements required by § 38-17-5 in the manner required by law in the personal property index. The filing of the statements described in §§ 38-17-5 and 38-17-6 operates as a notice of the lien to all subsequent purchasers and encumbrancers of the property.

Source: SL 1887, ch 150, § 4; CL 1887, § 5493; RCCivP 1903, § 734; RC 1919, § 1680; SDC 1939, § 39.1202; SL 2018, ch 241, § 7.
S.D. Codified Laws § 38-18-15 — SD Code / Title 38 / Chapter 18 / Section 38-18-15
Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation
Status: in_force

If an apiary is inspected, a certificate of inspection shall be issued. The certificate of inspection shall indicate the findings of the inspector. If the apiary is found to be apparently free of regulated pests and to be in compliance with the provisions of this chapter, a certificate of health may be issued. A certificate of health may be revoked by the secretary for cause pursuant to chapter 1-26 .

Source: SL 1927, ch 62, § 1; SL 1931, ch 93; SDC 1939, § 4.1102; SL 1947, ch 6, § 3; SL 1959, ch 2, § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243, § 10; SL 1984, ch 265, § 1; SL 1986, ch 330, § 17; SL 1992, ch 280, § 6.
S.D. Codified Laws § 38-32-1 — SD Code / Title 38 / Chapter 32 / Section 38-32-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Bushel," fifty - six pounds of corn by weight;

(2) "Corn," all varieties of corn marketed within the state except sweet corn, popcorn, or seed corn;

(3) "Council," the South Dakota Corn Utilization Council;

(4) "First purchaser," any person who buys, accepts for shipment, or otherwise acquires corn from a grower, except any mortgagee, pledgee, lienor, or other person having a claim against a grower if actual or constructive possession of such corn is taken as partial payment or in satisfaction of such mortgage, pledge, lien, or claim. However, first purchaser does not include sales between growers not for resale;

(5) "Grower," any person who plants, raises, and harvests corn;

(6) "Participating grower," a grower who has not requested a refund from the payment of assessments on corn production under this chapter for a particular year, and any person who owns or operates an agricultural producing or growing facility for corn and shares in the profits and risks of loss from such operation, and who produces corn in South Dakota during the current or preceding marketing year;

(7) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources.

Source: SL 1988, ch 318, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-30.1 — SD Code / Title 38 / Chapter 19 / Section 38-19-30.1
Proof of claims required of licensed applicant or registrant--Sources of proof
Status: in_force

The secretary of agriculture and natural resources may require a license applicant or registrant to furnish proof of claims made for any product covered by this chapter and may require proof of value when used as directed or recommended. The secretary shall rely on replicate, or the data derived therefrom, performed by a reputable investigator. The experimental data shall be obtained under conditions similar to those in this state under which the product is intended to be used. The secretary may accept or reject other sources of proof as additional evidence.

Source: SL 1982, ch 281, § 22; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19A-17 — SD Code / Title 38 / Chapter 19A / Section 38-19A-17
Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses
Status: in_force

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 or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and such soil amendment is released in writing by the secretary, or such violation has been otherwise legally disposed of by written authority. The secretary shall release the soil amendment so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

Source: SL 1976, ch 244, § 16; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-30 — SD Code / Title 38 / Chapter 22 / Section 38-22-30
Prosecution of violations--Collection and disposition of forfeitures and fines
Status: in_force

The state's attorney shall, upon complaint, prosecute any person who violates any provision of this chapter and enforce the collection of forfeitures and fines. Such forfeitures or fines shall be deposited in the general fund of the county in which the prosecution is brought.

Source: SL 1890, ch 116, § 7; RPolC 1903, § 3182; SL 1913, ch 282, § 6; RC 1919, § 10410; SDC 1939, § 62.0102; SL 1983, ch 282, § 46.
S.D. Codified Laws § 38-12A-29 — SD Code / Title 38 / Chapter 12A / Section 38-12A-29
Investigation by majority of committee directed by chairman--Summary
Status: in_force

An investigation may be made by not less than a majority of the membership of the arbitration committee by written directive of the chairman. The investigation shall be summarized in writing and considered by the entire committee in reporting its findings and making its recommendation.

Source: SL 1988, ch 314, § 28.
S.D. Codified Laws § 38-21-15.1 — SD Code / Title 38 / Chapter 21 / Section 38-21-15.1
Bulk pesticide storage facility permit--Revocation of permit--Penalty
Status: in_force

No person may establish or operate a bulk pesticide storage facility without obtaining a bulk pesticide storage facility permit from the secretary. If a bulk pesticide storage facility is operating in violation of the permit requirements established in rules promulgated under this chapter, the secretary may grant a reasonable period of time for the facility to comply with the rules. If the facility does not comply with the rules in the prescribed period of time, the secretary shall revoke the operating permit pursuant to chapter 1-26 . A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 332, § 3; SL 2020, ch 173, § 33.
S.D. Codified Laws § 38-29-13 — SD Code / Title 38 / Chapter 29 / Section 38-29-13
Information and instructions to be disseminated by council
Status: in_force

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 engaged in the purchase of soybeans.

Source: SL 1984, ch 267, § 13; SL 2007, ch 229, § 5.
S.D. Codified Laws § 38-7-5 — SD Code / Title 38 / Chapter 7 / Section 38-7-5
Conservation district supervisor member areas
Status: in_force

One conservation district supervisor member shall be at-large and one conservation district supervisor member from each of the three conservation district supervisor member areas shall be appointed to the commission. This state is divided into three conservation district supervisor member areas as follows: all of that area east of the Missouri River and north of the southern boundaries of Hughes, Hyde, Hand, Beadle, Kingsbury, and Brookings counties shall be known and designated as Area I; all of that area east of the Missouri River and south of the northern boundaries of Buffalo, Jerauld, Sanborn, Miner, Lake, and Moody counties shall be known and designated as Area II; and all of that area west of the Missouri River shall be known and designated as Area III.

Source: SDC 1939, § 4.1503 as added by SL 1957, ch 4, § 2; SL 1968, ch 1, § 2; SL 2018, ch 240, § 3.
S.D. Codified Laws § 38-29-4 — SD Code / Title 38 / Chapter 29 / Section 38-29-4
Vacancies--Appointments to fill
Status: in_force

If a member of the council ceases to be a participating grower, dies or resigns from office prior to the expiration of his term, the secretary of agriculture and natural resources shall appoint a successor for the balance of the term of office vacated.

Source: SL 1984, ch 267, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-34-18 — SD Code / Title 38 / Chapter 34 / Section 38-34-18
Refund of assessment--Application--Time for refund
Status: in_force

Any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may apply to the council for a refund of the assessment. Upon return of the refund application accompanied by a record of the assessment by the first purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. Additionally, a grower, who for any reason, pays the assessment more than once on the same pulse crops, upon furnishing proof of this to the council, is entitled to a refund of the overpayment.

Source: SL 2005, ch 214, § 18.
S.D. Codified Laws § 38-1-51 — SD Code / Title 38 / Chapter 1 / Section 38-1-51
Information received by secretary not public records
Status: in_force

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 of § 1-27-1 .

Source: SL 1997, ch 224, § 1; SDCL § 38-6-12 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 52, eff. Apr. 14, 2019; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-23.10 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.10
Duties of board
Status: in_force

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 Natural Resources covering the activities of the board and submit reports to the board of county commissioners as the board may require;

(5) Employ supervisors and, if necessary, deputies;

(6) Make at least one annual inspection to determine the progress of weed and pest control within a county and make written reports covering the inspections available for public use; and

(7) Obtain competitive bids for any purchase in accordance with the requirements established by law for other county purchases.

Source: SL 1983, ch 282, § 35; SL 1984, ch 266, § 3; SL 1991, ch 327; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-90 — SD Code / Title 38 / Chapter 8 / Section 38-8-90
Petition for dissolution of district--Number of signers--Public meetings and hearings
Status: in_force

After five years following the organization of a district under the provisions of this chapter, but before April first of the year in which the general election is to be held, any ten percent of the voters registered for the last general election within the boundaries of the district may file a petition with the State Conservation Commission praying that the operations of the district be terminated and the existence of the district discontinued. The commission may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in considering the petition and in determining whether public support for the petition is sufficient to warrant a referendum.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6; SL 1994, ch 316, § 27.
S.D. Codified Laws § 38-19A-3 — SD Code / Title 38 / Chapter 19A / Section 38-19A-3
Distribution of misbranded soil amendments prohibited--Misbranding defined
Status: in_force

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 this chapter, or if it does not conform to ingredient form, minimums and investigational allowances in the regulations adopted by the secretary of agriculture and natural resources.

Source: SL 1976, ch 244, § 13; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-16 — SD Code / Title 38 / Chapter 8 / Section 38-8-16
Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission
Status: in_force

The five supervisors elected pursuant to § 38-8-15 shall present to the secretary of state an application signed and sworn to by them to complete the organization of the district. The application shall contain:

(1) A statement that a petition for the creation of the district was filed with the State Conservation Commission pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to the petition;

(2) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office and their term of office;

(3) The name proposed for the district;

(4) The location of the principal office for the district.

This application shall be accompanied by a statement of the State Conservation Commission setting forth the boundaries of the district and certifying that the proceedings specified in this chapter have been fulfilled.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (6); SL 1968, ch 1, § 5; SL 1994, ch 316, § 10.
S.D. Codified Laws § 38-20A-12 — SD Code / Title 38 / Chapter 20A / Section 38-20A-12
Notice to registrant--Failure to comply--Refusal of registration--Hearing
Status: in_force

If it does not appear to the secretary that the pesticide warrants the proposed claims for it or if the pesticide labeling and other material required to be submitted do not comply with the provisions of this chapter or the rules promulgated thereunder, the secretary shall notify the registrant of the reasons the pesticide, labeling, or other material fails to comply with the provisions of this chapter to provide the registrant an opportunity to make the necessary corrections. If, upon receipt of the notice, the registrant does not make the necessary corrections, the secretary may refuse to register the pesticide. If the secretary refuses to register the pesticide, the registrant may request a hearing under the provisions of chapter 1-26 .

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (4); SDCL, § 39-19-12; SL 1983, ch 281, § 7; SL 2020, ch 173, § 8.
S.D. Codified Laws § 38-12A-9 — SD Code / Title 38 / Chapter 12A / Section 38-12A-9
Seed test to determine label information
Status: in_force

Information on a label shall be determined by a seed test conducted by an official state or federal seed laboratory or under the supervision of a registered or certified seed technologist. However, any person may conduct seed tests in his own laboratory to determine label information for his own seed without the supervision of a registered or certified seed technologist.

Source: SL 1988, ch 314, § 9.
S.D. Codified Laws § 38-22-1.3 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.3
State Weed and Pest Control Commission abolished
Status: in_force

The State Weed and Pest Control Commission established in this chapter is abolished.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 19.
S.D. Codified Laws § 38-8A-13 — SD Code / Title 38 / Chapter 8A / Section 38-8A-13
District standards to be met by activities on publicly owned lands
Status: in_force

If proposed land - disturbing activities are to be performed on state lands or by or on behalf of a state or local unit of government, plans for erosion and sediment control shall be in accordance with standards for erosion and sediment control established pursuant to this chapter.

Source: SL 1937, ch 19, § 13; SDC 1939, § 4.1515; SDCL, § 38-8-89; SL 1976, ch 242, § 13.
S.D. Codified Laws § 38-24B-2 — SD Code / Title 38 / Chapter 24B / Section 38-24B-2
Promulgation of rules
Status: in_force

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 and revoking certificates of inspections;

(5) Restrictions for the movement of plants and hosts;

(6) Treatment provisions of infested hosts or premises;

(7) Provisions for issuance of special phytosanitary certificates;

(8) Provisions for quarantine or destruction of pests and hosts;

(9) Reporting requirements on suspected plants; and

(10) Criteria for the implementation and administration of the fee schedule contained in § 38-24B-7 .

Source: SL 1985, ch 313, § 2; SL 1986, ch 326, § 57; SL 2009, ch 197, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-11-1.1 — SD Code / Title 38 / Chapter 11 / Section 38-11-1.1
Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board
Status: in_force

The Seed Certification Board shall be administered under the direction and supervision of the College of Agriculture and Biological Sciences at South Dakota State University and the dean of the college, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions, as defined in § 1-32-1 , otherwise vested in it and shall exercise those functions independently of the dean and the college.

Source: SL 1973, ch 2, § 192; SL 2006, ch 205, § 2.
S.D. Codified Laws § 38-8-59 — SD Code / Title 38 / Chapter 8 / Section 38-8-59
Exemption from general laws applicable to public property
Status: in_force

No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized under this chapter unless the Legislature shall specifically so state.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (3).
S.D. Codified Laws § 38-8-65 — SD Code / Title 38 / Chapter 8 / Section 38-8-65
Contributions and land-use agreements required as conditions to assistance provided by district
Status: in_force

As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors of a conservation district may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (10); SL 1957, ch 4, § 10.
S.D. Codified Laws § 38-10-32 — SD Code / Title 38 / Chapter 10 / Section 38-10-32
Minor errors in fee collection overlooked
Status: in_force

In connection with the collection of the wheat promotional fee on Commodity Credit Corporation wheat loans disbursed and purchase agreement settlement made, undercollections or overcollections of the wheat promotional fee amounting to one dollar or less as a result of errors, will not require collection of the underpayment or refund of the overpayment by commodity credit corporation and their responsibility in such cases shall be waived.

Source: SL 1961, ch 11, § 12 (5).
S.D. Codified Laws § 38-34-9 — SD Code / Title 38 / Chapter 34 / Section 38-34-9
Effect of chapter on Department of Agriculture and Natural Resources or other agencies
Status: in_force

Nothing in this chapter abrogates or limits the rights, powers, duties, and functions of the Department of Agriculture and Natural Resources or any other agency of the state.

Source: SL 2005, ch 214, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-43 — SD Code / Title 38 / Chapter 19 / Section 38-19-43
Discretion in prosecution of minor violations--Warning
Status: in_force

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 will be best served by a suitable notice of warning in writing.

Source: SL 1949, ch 85, § 17; SDC Supp 1960, § 22.1717; SDC Supp 1960, § 22.1715 (1) (c) as added by SL 1966, ch 66, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-18-20 — SD Code / Title 38 / Chapter 18 / Section 38-18-20
Written order to place honey house in sanitary condition--Failure to obey as misdemeanor
Status: in_force

If the secretary determines, pursuant to rules promulgated pursuant to the provisions of chapter 1-26 , that unsanitary conditions exist in the operation of any honey house, the secretary shall order the operator of the honey house in writing to place the honey house in a sanitary condition within a reasonable period of time. Any operator of a honey house who fails to obey the order, is guilty of a Class 2 misdemeanor.

Source: SL 1947, ch 6, § 15; SDC Supp 1960, § 4.1114; SL 1976, ch 243, § 13; SL 1977, ch 190, § 321; SL 1986, ch 326, § 25; SL 1986, ch 330, § 24.
S.D. Codified Laws § 38-20A-37 — SD Code / Title 38 / Chapter 20A / Section 38-20A-37
Cooperation with other state and federal agencies
Status: in_force

The secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States Department of Agriculture, the United States Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulations.

Source: SL 1947, ch 99, § 12; SDC Supp 1960, § 22.12A11; SDCL, § 39-19-37; SL 2020, ch 173, § 22.
S.D. Codified Laws § 38-7-2 — SD Code / Title 38 / Chapter 7 / Section 38-7-2
Definitions
Status: in_force

Terms used in this chapter or chapter 38-8 mean:

(1) "Agency of this state," the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state;

(2) "Commission," the State Conservation Commission;

(3) "District" or "conservation district," a governmental subdivision of this state, and a public body, corporate and politic, organized in accordance with chapter 38-8 , for the purpose, with the powers, and subject to the restrictions set forth in chapter 38-8 ;

(4) "Division," the Division of Resource Conservation and Forestry;

(5) "Due notice," a notice published at least twice, with an interval of at least seven days between the publication dates, in a legal newspaper within the district or by posting copies of the notice in three of the most public places within the district for a period of at least ten days immediately preceding the date specified in the notice. At any hearing held pursuant to the notice, at the time and place designated in the notice, the adjournment may be made from time to time without the necessity of renewing the notice for adjourned dates;

(6) "Government" or "governmental," the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them; and

(7) "Supervisor," one of the members of the governing body of a district, elected or appointed in accordance with chapter 38-8 .

Source: SL 1937, ch 19, § 3; SDC 1939, § 4.1502; SL 1959, ch 3, § 1; SL 1964, ch 3; SL 2017, ch 181, § 6; SL 2018, ch 240, § 1; SL 2024, ch 166, § 4.
S.D. Codified Laws § 38-20A-56 — SD Code / Title 38 / Chapter 20A / Section 38-20A-56
Creation of pesticide recycling and disposal fund--Interest--Appropriation
Status: in_force

Moneys obtained pursuant to §§ 38-20A-54 to 38-20A-57 , inclusive, shall be deposited into the pesticide recycling and disposal fund, which is hereby created within the state treasury. Interest accrued on moneys contained in the fund shall be deposited to the fund. All moneys in the pesticide recycling and disposal fund are continuously appropriated to the Department of Agriculture and Natural Resources to carry out the provisions of §§ 38-20A-54 to 38-20A-57 , inclusive.

Source: SL 1992, ch 282, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-48 — SD Code / Title 38 / Chapter 8 / Section 38-8-48
Surety bonds required by district supervisors--Record of proceedings--Financial reports
Status: in_force

The supervisors of a conservation district may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions and orders issued or adopted; and, at the close of business of each fiscal year or as may be otherwise required by the State Conservation Commission, shall cause a financial report and report of principal activities to be made in accordance with sample forms and rules promulgated pursuant to chapter 1-26 by the commission. The reports shall be prepared within sixty days of the close of the district's fiscal year, and the written reports shall be kept at the principal place of business of both the Division of Resource Conservation and Forestry and the district.

Source: SL 1937, ch 19, § 7; SDC 1939, § 4.1509; SL 1947, ch 12; SDC Supp 1960, § 4.1509 (3); SL 1968, ch 1, § 8; SL 1970, ch 224; SL 1975, ch 247, § 3; SL 1994, ch 316, § 24.
S.D. Codified Laws § 38-22-1.2 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.2
Definitions
Status: in_force

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) "Commission," the South Dakota Weed and Pest Control Commission;

(5) "Control," the prevention or limiting of the growth, spread, or development of weeds or pests;

(6) "Department," the State Department of Agriculture and Natural Resources;

(7) "Pest," any rodent, bird, other than a game bird or a state or federally protected bird, insect, or nematode which the commission has found to be detrimental to the production of crop or livestock or to the welfare of persons residing within the state. Prairie dogs are included in the definition of a pest if all of the following conditions apply:

(a) Sylvatic plague has been reported in any prairie dog colony east of the Rocky Mountains;

(b) The South Dakota Department of Game, Fish and Parks has determined that the population of prairie dogs within the state, including tribal lands, exceeds the one hundred forty-five thousand acre level;

(c) Prairie dogs are colonizing on lands where the prairie dogs are unwanted by the owner of the impacted land;

(d) Lands adjacent to the impacted owner's land do not have a maintained one-mile buffer zone, or other mutually agreed border, in which prairie dog control is applied; and

(i) The owner of the impacted land has filed a written complaint of encroachment requesting mitigation or abatement with the South Dakota Department of Agriculture and Natural Resources and served a copy upon the owner of adjoining lands from which the prairie dogs are encroaching; or

(ii) The owner of the impacted land has filed a written complaint of the encroachment with the county weed and pest board;

(8) "Pesticide," a substance or mixture of substances for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulatory, defoliant, or desiccant or any substance or mixture of substances intended to be used as a spray adjuvant;

(9) "Secretary," the state secretary of the Department of Agriculture and Natural Resources;

(10) "Supervisor," any person appointed or employed by a board for the purpose of carrying out the provisions of this chapter;

(11) "Weed," any plant which the commission has found to be detrimental to the production of crops or livestock or to the welfare of persons residing within the state.

Source: SL 1983, ch 282, § 1; SL 1989, ch 345, § 1; SL 2005, ch 212, § 1; SL 2007, ch 228, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19A-15 — SD Code / Title 38 / Chapter 19A / Section 38-19A-15
Rules and regulations
Status: in_force

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 by volume rather than weight; and

(3) Labeling, inspection, sampling, analysis, and distribution of soil amendment products.

Source: SL 1976, ch 244, § 18; SL 1986, ch 326, § 38; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-18-23 — SD Code / Title 38 / Chapter 18 / Section 38-18-23
Certificate of health--Content--Based on actual inspection
Status: in_force

The certificate of health shall certify to the apparent freedom from regulated pests, and shall be based on actual inspection of bees and material within ninety days of the date of shipment.

Source: SL 1947, ch 6, § 11; SL 1959, ch 2, § 7; SDC Supp 1960, § 4.1111; SL 1976, ch 243, § 15; SL 1986, ch 330, § 27.
S.D. Codified Laws § 38-8A-10 — SD Code / Title 38 / Chapter 8A / Section 38-8A-10
Review of standards by commission--Recommendations as to changes
Status: in_force

The State Conservation Commission shall, within six months of receipt of a district's proposed standards, review and recommend any changes the commission deems necessary to the success of the district program.

Source: SL 1976, ch 242, § 7.
S.D. Codified Laws § 38-8-50 — SD Code / Title 38 / Chapter 8 / Section 38-8-50
Comprehensive district plans for conservation of resources--Programs and practices included
Status: in_force

A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to develop annual and long range ten - year comprehensive plans, which plans may be prepared with the cooperation and assistance of the State Planning Commission and other state and federal agencies, for the conservation of all renewable natural resources and for the control and prevention of soil erosion, flood prevention, or the conservation and development, utilization, and disposal of soil and water within the district, including but not limited to, the specification of engineering operations, methods of cultivation, pollution abatement, cropping systems, and changes in the use of land for all purposes. Such plans shall be developed and modified each year to maintain a ten - year projection.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (7); SL 1957, ch 4, § 7; SL 1968, ch 1, § 10.
S.D. Codified Laws § 38-32-14 — SD Code / Title 38 / Chapter 32 / Section 38-32-14
Promulgation of rules
Status: in_force

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 corn sold to a first purchaser;

(3) The procedures for obtaining a refund of the assessment;

(4) The procedures for collecting delinquent assessments and assessing penalties;

(5) The record keeping and reporting requirements of first purchasers; and

(6) Procedures, forms, public notices, and other requirements for nominating director candidates and for conducting and certifying elections.

Source: SL 1988, ch 318, § 14; SL 1991, ch 328, § 11.
S.D. Codified Laws § 38-24A-4 — SD Code / Title 38 / Chapter 24A / Section 38-24A-4
Cooperation with other agencies--Expenditure of funds
Status: in_force

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.

Source: SL 1971, ch 220, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-6 — SD Code / Title 38 / Chapter 8 / Section 38-8-6
Consideration of administrative practicability and feasibility of district
Status: in_force

After the State Conservation Commission has made and recorded a determination that there is need for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon conservation districts in this chapter is administratively practicable and feasible.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (3).
S.D. Codified Laws § 38-24B-23 — SD Code / Title 38 / Chapter 24B / Section 38-24B-23
Seller of infested stock to furnish names and addresses of buyers--Violation as misdemeanor
Status: in_force

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 all persons, together with their post office addresses as far as known to him to whom he has sold or delivered such nursery stock, decorative plants, annual plants, sod, or related plant products. A violation of this section is a Class 2 misdemeanor.

Source: SL 1985, ch 313, § 23; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-61 — SD Code / Title 38 / Chapter 8 / Section 38-8-61
District conservation measures on public and private land
Status: in_force

A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to carry out soil erosion preventive and control measures and works of improvement for flood prevention or the conservation development, utilization, and disposal of water within the districts on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the occupier of such lands or the necessary rights or interest in such lands.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (5); SL 1957, ch 4, § 5.
S.D. Codified Laws § 38-24B-6 — SD Code / Title 38 / Chapter 24B / Section 38-24B-6
Application for license
Status: in_force

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.
S.D. Codified Laws § 38-27-2 — SD Code / Title 38 / Chapter 27 / Section 38-27-2
Oilseeds council established--Composition
Status: in_force

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 agriculture and natural resources. One member shall reside west of the Missouri River. The secretary of agriculture and natural resources is an ex officio, nonvoting member.

Source: SL 1980, ch 273, § 3; SL 1982, ch 17, § 30; SL 1989, ch 346, § 2; SL 2010, ch 201, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-20A-58 — SD Code / Title 38 / Chapter 20A / Section 38-20A-58
Establishment of public lands weed and pest fund--Interest--Expenditures
Status: in_force

There is hereby established within the state treasury the public lands weed and pest fund. Interest accrued on money in the fund shall be deposited to the fund. All money in the public lands weed and pest fund shall be budgeted and expended in accordance with Title 4 by the Department of School and Public Lands for weed and pest control on school and public lands and meandered lake lands. At the end of each fiscal year, any unobligated cash in the public lands weed and pest fund in excess of three hundred thousand dollars shall revert to the weed and pest fund created in § 38-22-35 .

Source: SL 1993, ch 305, § 2; SL 1998, ch 247, § 7.
S.D. Codified Laws § 38-19A-16 — SD Code / Title 38 / Chapter 19A / Section 38-19A-16
Violation of chapter as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 38-8-7 — SD Code / Title 38 / Chapter 8 / Section 38-8-7
Referendum on creation of district--Form of ballot--Right to vote
Status: in_force

To assist the State Conservation Commission in the determination of the administrative practicability and feasibility of a conservation district, the commission shall hold a referendum within the proposed district upon the proposition of the creation of the district, and shall cause due notice of the referendum to be given. The question shall be submitted by ballot upon which the words "For creation of a conservation district of the lands below described and lying in the counties of __________ and __________" and "Against creation of a conservation district of the lands below described and lying in the counties of __________ and __________" shall be inserted, with a square before each proposition and a direction to insert a cross or check mark in the square before one or the other of said propositions as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the commission. Any voter registered for the most recent general election within the boundaries of the territory, as determined by the commission, may vote in the referendum. The Division of Resource Conservation and Forestry shall certify the need for a referendum to the county auditors of the counties comprising the territory of the proposed district. The certification shall be provided before June first of the year in which the general election is to be held, to facilitate the election required by § 38-8-15 , and pursuant to the requirements of § 38-8-39 .

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (3); SL 1994, ch 316, § 3.
S.D. Codified Laws § 38-18-12 — SD Code / Title 38 / Chapter 18 / Section 38-18-12
Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state
Status: in_force

The secretary shall establish an apiary and a honey house inspection program. The secretary shall employ personnel to investigate outbreaks of pests and take suitable measures for their eradication or control. The secretary may enter into compliance agreements or memorandums of understanding with beekeepers or with other states or agencies to aid the control of regulated pests and to facilitate the movement of bees and used bee equipment out of and back into this state.

Source: SL 1925, ch 115, ch III, art V, § 17; SDC 1939, § 4.1101; SL 1939, ch 4; SL 1943, ch 4; SL 1945, ch 9; SL 1945, ch 10, § 1; SL 1947, ch 6, § 2; SL 1959, ch 2, § 2; SDC Supp 1960, § 4.1102; SL 1976, ch 243, § 8; SL 1986, ch 326, § 24; SL 1986, ch 330, § 14; SL 1992, ch 280, § 4.
S.D. Codified Laws § 38-32-12 — SD Code / Title 38 / Chapter 32 / Section 38-32-12
Deposit of funds--Appropriation--Expenditures
Status: in_force

Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and shall be continuously appropriated to the council. Expenditures of these funds shall be made in accordance with the provisions of Title 4.

Source: SL 1988, ch 318, § 12.
S.D. Codified Laws § 38-19A-6 — SD Code / Title 38 / Chapter 19A / Section 38-19A-6
Minimum ingredients required for registration of soil amendments
Status: in_force

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, § 35; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-13 — SD Code / Title 38 / Chapter 8 / Section 38-8-13
Factors considered in determining administrative practicability and feasibility
Status: in_force

In determining whether the operation of a proposed district is administratively practicable and feasible, the State Conservation Commission shall give due regard and weight to the attitudes of the occupiers of land lying within the defined boundaries, the probable expense of carrying on erosion control operations within the district and other relevant economic and social factors pursuant to the legislative policy set forth in § 38-7-1 .

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SL 1959, ch 3, § 4; SDC Supp 1960, § 4.1507 (5); SL 1994, ch 316, § 8.
S.D. Codified Laws § 38-18-5.1 — SD Code / Title 38 / Chapter 18 / Section 38-18-5.1
Apiary fund established--Purpose--Appropriations
Status: in_force

Except as provided by § 38-18-36 , fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the apiary fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the apiary program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 2001, ch 215, § 6.
S.D. Codified Laws § 38-8-51.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-51.1
Cooperation with political subdivisions in implementing area-wide waste treatment
Status: in_force

A conservation district may join together with one or more political subdivisions to plan, consult, and coordinate their efforts to implement area - wide waste treatment under the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) within designated water quality management areas.

Source: SL 1981, ch 282, § 1.
S.D. Codified Laws § 38-8-58 — SD Code / Title 38 / Chapter 8 / Section 38-8-58
Acquisition, administration, improvement, and disposition of property by district
Status: in_force

A conservation district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter:

(1) To obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein;

(2) To maintain, administer, and improve any properties acquired;

(3) To receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and

(4) To sell, lease, or otherwise dispose of any of its property or interest therein in furtherance of the purposes and the provisions of this chapter.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (2).
S.D. Codified Laws § 38-17-15.1 — SD Code / Title 38 / Chapter 17 / Section 38-17-15.1
Agricultural processor’s lien--Sale or consignment before time to perfect expires--Notification--Written consent to sell or consign
Status: in_force

If the person for whom the processing pursuant to § 38-17-14 was done desires to sell or consign the grain, seed, hay, silage, or other agricultural product, before the time to perfect the lien has expired, the person must notify the consignee or purchaser that the debt for the threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or pulverizing has not been paid, and the lien created under § 38-17-14 applies to the purchase price paid by the purchaser or consignee.

If the agricultural product covered by the lien pursuant to § 38-17-14 is sold or consigned with the written consent of the person entitled to a lien, within sixty days after the date of the completion of the processing and no financing statement has been filed, the lien does not attach to the agricultural product covered by the lien pursuant to § 38-17-14 , or to the purchase proceeds, unless the person entitled to the lien notifies the purchaser in writing of the lien before the purchase.

Source: SL 2025, ch 166, § 3, eff. Jan. 1, 2027; SL 2026, ch 165, §§ 3, 6, eff. July 1, 2027.
S.D. Codified Laws § 38-24B-25 — SD Code / Title 38 / Chapter 24B / Section 38-24B-25
Agreements for certification of out-of-state and foreign nurserymen
Status: in_force

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, annual plants, sod, or related plant products in lieu of individual certification of out - of - state or foreign nurserymen pursuant to § 38-24B-9 . However, no agreement may prohibit the secretary from revoking the certification of an out - of - state or foreign nurseryman pursuant to the provisions of this chapter.

Source: SL 1985, ch 313, § 25; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-7-22 — SD Code / Title 38 / Chapter 7 / Section 38-7-22
Provision of funds and assistance to districts
Status: in_force

In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry, it shall have the duty and power to provide funds, grants, supplies, and staff assistance to conservation districts and to assist such districts in obtaining technical planning guidance from the State Planning Commission, and other state and federal agencies.

Source: SDC 1939, § 4.1506 as added by SL 1968, ch 1, § 4.
S.D. Codified Laws § 38-22-23.3 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.3
Time for selecting board
Status: in_force

Each board of county commissioners shall appoint or elect a county weed and pest board no later than March 1, 1984.

Source: SL 1983, ch 282, § 28.
S.D. Codified Laws § 38-22-1.8 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.8
End of current terms--Commencement of new terms--Term limits
Status: in_force

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 on January 1, 2011. The appointments may include former or currently serving commission members. No term previous to the reformulation of the commission pursuant to SL 2010, ch 199 may be considered in regard to term limitations.

Source: SL 2010, ch 199, § 3.
S.D. Codified Laws § 38-24B-9 — SD Code / Title 38 / Chapter 24B / Section 38-24B-9
License for out-of-state nurseryman--Fee--Waiver
Status: in_force

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 secretary may waive the payment of the fee if the applicant's state does not require a fee by South Dakota applicants for a like certificate in that state.

Source: SL 1985, ch 313, § 9; SL 2001, ch 215, § 28; SL 2009, ch 197, § 3; SL 2017, ch 181, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-20 — SD Code / Title 38 / Chapter 8A / Section 38-8A-20
Petition to allege violation of chapter--Investigation and action by petitioned agency
Status: in_force

Any person who is adversely affected by land - disturbing activities may file a petition with the conservation districts or with the permit - issuing authority having jurisdiction thereof, alleging a violation of this chapter. The petitioned agency shall investigate and determine the validity of the petition. The petitioned agency shall, within two months after receipt of the petition, take appropriate action and advise the petitioner of its disposition of his petition.

Source: SL 1976, ch 242, § 17.
S.D. Codified Laws § 38-10-18 — SD Code / Title 38 / Chapter 10 / Section 38-10-18
Education and publicity program
Status: in_force

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission shall have the power to adopt and devise a program of education and publicity.

Source: SL 1961, ch 11, § 9 (2).
S.D. Codified Laws § 38-10-16 — SD Code / Title 38 / Chapter 10 / Section 38-10-16
Wheat research and market development
Status: in_force

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may conduct, in addition to the things enumerated, any other program for the utilization, research, and market development of wheat grown in the State of South Dakota.

Source: SL 1961, ch 11, § 9 (5); SL 1993, ch 302, § 11.
S.D. Codified Laws § 38-12A-16 — SD Code / Title 38 / Chapter 12A / Section 38-12A-16
Unlawful sale, offer for sale, or transportation for sale of seed within state--Violation as misdemeanor
Status: in_force

It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any seed within this state:

(1) Unless a test to determine the percentage of germination has been made within specified time limits prescribed by the secretary pursuant to § 38-12A-20 , or the seed is sold only in the year for which the label states that it was packed, or the seed is sold before the expiration date stated on the label;

(2) Which is not labeled in accordance with the provisions of this chapter;

(3) Which has a false, misleading, or incomplete label;

(4) Which a false or misleading advertisement has been used in respect to its sale;

(5) Which contains prohibited noxious weed seeds in any amount;

(6) Which consists of or contains restricted noxious weed seeds in excess of standards prescribed by the secretary pursuant to § 38-12A-20 , or in excess of the number declared on the label attached to the container of the seed or associated with the seed;

(7) Which contains weed seeds in excess of standards prescribed by the secretary pursuant to § 38-12A-20 , or in excess of the amount declared on the label;

(8) If any label or advertisement represents such seed to be certified unless the certification has been determined by an official certifying agency and the seed bears an official label issued for the seed by that agency stating that the seed is certified;

(9) If a United States certificate of plant variety protection has been applied for or issued in accordance with the plant variety protection act for the kind and variety being sold, except with the approval of the owner of the variety or except by variety name as a class of certified seed in accordance with Title V of the Federal Seed Act.

A violation of this section is a Class 1 misdemeanor.

Source: SL 1988, ch 314, § 16.
S.D. Codified Laws § 38-35-2 — SD Code / Title 38 / Chapter 35 / Section 38-35-2
Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor
Status: in_force

No person may purchase, receive, or obtain industrial hemp or product in process, other than industrial hemp seed or industrial hemp product, for planting, storing, propagating, producing, or processing unless the person has a license as provided by this chapter or is working under contract with or under the direction of a licensee. The licensee is responsible, either civilly or criminally, for any person working under contract with or under the direction of a licensee for all sections of this chapter.

It is a Class 2 misdemeanor to purchase, receive, or obtain industrial hemp or product in process, other than industrial hemp product, for planting, storing, propagating, producing, or processing without a license. No unlicensed person is subject to criminal penalties for possession or distribution of hemp seed.

Source: SL 2020, ch 176, § 2, eff. Mar. 27, 2020; SL 2022, ch 155, § 2, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-20-1 — SD Code / Title 38 / Chapter 20 / Section 38-20-1
Acceptance of federal acts--Suppression or control of predator and unprotected birds and animals--Secretary of agriculture and natural resources as state agency--Cooperation with Bureau of Sport Fisheries and Wildlife
Status: in_force

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, individuals, public and private agencies, organizations and institutions, for the suppression and control of unprotected birds and nongame animals which are injurious to agriculture, horticulture and forestry. This state's cooperative program will also include repelling and suppression of unprotected birds and nongame animals that are injurious to stored or growing food products and to the public health. The secretary of agriculture and natural resources of this state is hereby designated as the state agency for this state, for the purpose of administering the provisions of §§ 38-20-1 and 38-20-2 , and the said secretary is authorized to cooperate with the Bureau of Sport Fisheries and Wildlife of the United States Department of the Interior in the furtherance of such unprotected birds and nongame animal damage control activities.

Source: SL 1941, ch 6, § 1; SDC Supp 1960, § 4.0107; SL 1971, ch 223, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-21-36 — SD Code / Title 38 / Chapter 21 / Section 38-21-36
Research applications under laboratory conditions exempt
Status: in_force

The licensing requirements of this chapter shall not apply to research personnel applying pesticides under laboratory conditions.

Source: SL 1974, ch 255, § 28; SL 1976, ch 245, § 5.
S.D. Codified Laws § 38-32-15 — SD Code / Title 38 / Chapter 32 / Section 38-32-15
Assessment on corn marketed to first purchaser within state
Status: in_force

An assessment of one cent per bushel is imposed by the council upon all corn marketed to a first purchaser within the state. This assessment shall be due upon any identifiable lot or quantity of corn. No assessment may be made until July 1, 1988.

Source: SL 1988, ch 318, § 15.
S.D. Codified Laws § 38-19A-7 — SD Code / Title 38 / Chapter 19A / Section 38-19A-7
Label required--Contents
Status: in_force

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 guarantee expressed as a percentage, a product that claims the presence of a microbe or microbes shall guarantee the microbe or microbes as follows:

(a) Minimum number of each claimed viable organism at the genus and species level in colony forming units (CFU), spores, or propagules per gram or milliliter (cm3);

(b) Expiration date; and

(c) Storage and handling instructions;

(4) Purpose of the product;

(5) Directions for application; and

(6) Name and address of the registrant.

The secretary of agriculture and natural resources may establish rules, pursuant to chapter 1-26 , to allow labeling by volume rather than weight pursuant to subdivision (1) of this section.

Source: SL 1976, ch 244, §§ 2, 6; SL 1986, ch 326, § 36; SL 2015, ch 203, § 18; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-98 — SD Code / Title 38 / Chapter 8 / Section 38-8-98
Application to secretary of state for certificate of dissolution--Recitals in application--Issuance of certificate
Status: in_force

Upon compliance with § 38-8-97 , the supervisors shall file an application, duly verified, with the secretary of state for the discontinuance of the conservation district, and shall transmit with such application the certificate of the State Conservation Commission setting forth the determination of the commission that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this chapter provided, and shall set forth a full accounting of such properties and proceeds of the sale. The secretary of state shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of record in his office. The secretary of state shall make no charge for the services herein required.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6.
S.D. Codified Laws § 38-1-19 — SD Code / Title 38 / Chapter 1 / Section 38-1-19
Collection and publication of agricultural and marketing statistics
Status: in_force

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 agricultural and allied interests of the state; and to cooperate with the federal government, the South Dakota State University and agricultural organizations in the matter of collecting such statistical information. Such published statistics shall be the official agricultural statistics of the state.

Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (4); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-24A-9 — SD Code / Title 38 / Chapter 24A / Section 38-24A-9
Scope of rules relating to regulated area--Publication of notice
Status: in_force

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 provide restrictions for the movement of pests, hosts, and regulated articles from quarantined or embargoed areas;

(4) To provide standards and procedures to seize, treat, or dispose of pests, hosts, or regulated articles;

(5) To provide standards for restrictions regarding inspection, disinfection, treatment, and certification of plants from quarantined or regulated areas; and

(6) To establish fees for inspection and certification or to recover costs for pest control efforts.

In addition to the reporting requirements of chapter 1-26 notice of the rules shall be published in such newspapers in the quarantined area as the secretary may select.

Source: SL 1971, ch 220, § 5; SL 1986, ch 326, § 56.
S.D. Codified Laws § 38-27-7 — SD Code / Title 38 / Chapter 27 / Section 38-27-7
Oilseeds fund--Expenditures
Status: in_force

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 funds shall be made in accordance with the provisions of chapter 4-7 .

Source: SL 1980, ch 273, § 7; SL 1989, ch 346, § 6.
S.D. Codified Laws § 38-8-96 — SD Code / Title 38 / Chapter 8 / Section 38-8-96
Determination of administrative practicability and feasibility of continued operation of district--Majority vote requiring discontinuance
Status: in_force

The State Conservation Commission shall determine after a referendum pursuant to § 38-8-92 whether continued operation of the district is administratively practicable and feasible and shall certify such determination to the supervisors of the district. The commission may determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum are cast in favor of the discontinuance of the district. The referendum is void if less than a majority of the registered voters in the district have cast their vote.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6; SL 1994, ch 316, § 31.
S.D. Codified Laws § 38-17-1 — SD Code / Title 38 / Chapter 17 / Section 38-17-1
Contract reserving title to landlord to be filed with register of deeds
Status: in_force

Every contract whereby the ownership or title to crops growing or to be grown upon any lands in this state is reserved in the landlord until division thereof between such landlord and the cropper or tenant, shall be filed in the office of the register of deeds of the county wherein such lands are located.

Source: SL 1931, ch 132; SDC 1939, § 39.0125; SL 1967, ch 152.
S.D. Codified Laws § 38-20A-57 — SD Code / Title 38 / Chapter 20A / Section 38-20A-57
Acceptance of donations
Status: in_force

For the purposes of §§ 38-20A-54 to 38-20A-57 , inclusive, the secretary may accept donations of funds, property, services, or other assistance from public or private sources.

Source: SL 1992, ch 282, § 6.
S.D. Codified Laws § 38-22-23.16 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.16
Penalty for failure to reimburse board for requested operations
Status: in_force

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, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater, shall be charged as taxes against each tract of land on which the expenses were incurred pursuant to § 38-22-23.14 .

Source: SL 2001, ch 217, § 1.
S.D. Codified Laws § 38-22-35 — SD Code / Title 38 / Chapter 22 / Section 38-22-35
Weed and pest control fund
Status: in_force

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.
S.D. Codified Laws § 38-29-11.1 — SD Code / Title 38 / Chapter 29 / Section 38-29-11.1
Enforcement against first purchaser failing to remit assessments
Status: in_force

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.
S.D. Codified Laws § 38-32-2 — SD Code / Title 38 / Chapter 32 / Section 38-32-2
Corn utilization council established--Composition--Election--Secretary
Status: in_force

There is hereby established a South Dakota Corn Utilization Council. The council shall be composed of nine directors who shall be participating growers. The directors shall be elected by participating growers. The secretary shall be an ex officio, nonvoting director of the council.

Source: SL 1988, ch 318, § 2; SL 1991, ch 328, § 1; SL 2010, ch 202, § 1.
S.D. Codified Laws § 38-10-35 — SD Code / Title 38 / Chapter 10 / Section 38-10-35
Deposit and appropriation of fees
Status: in_force

All moneys received on behalf of the wheat commission from the fees assessed in § 38-10-22 , shall be deposited in a special revenue fund created in the state treasury and shall be continuously appropriated to the commission. Expenditures of these funds shall be disbursed solely by order of the commission in accordance with the provisions of Title 4 and the provisions of this chapter.

Source: SL 1961, ch 11, § 18; SL 1975, ch 62, § 2; SL 1993, ch 302, § 16.
S.D. Codified Laws § 38-20A-29 — SD Code / Title 38 / Chapter 20A / Section 38-20A-29
Label required--Contents of label
Status: in_force

No person may distribute, sell, or offer for sale within this state any pesticide which contains any substance in quantities highly toxic to persons, unless, in addition to any other information required by this chapter, the label bears the following:

(1) A skull and crossbones and the word "poison," both prominently printed in red figure and letters not less than one - fourth inch high on a background of distinctly contrasting color; and

(2) A statement of an antidote for the pesticide.

Source: SL 1947, ch 99, §§ 4, 6; SDC Supp 1960, §§ 22.12A04 (1) (c), 22.12A06 (1) (b); SDCL, § 39-19-29; SL 1977, ch 190, § 420; SL 1983, ch 281, § 25; SL 2020, ch 173, § 16.
S.D. Codified Laws § 38-32-24 — SD Code / Title 38 / Chapter 32 / Section 38-32-24
Council may contract with Public Utilities Commission to inspect assessment and checkoff records
Status: in_force

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 council shall reimburse the Public Utilities Commission for the inspections.

Source: SL 1996, ch 245, § 4; SL 2009, ch 196, § 4.
S.D. Codified Laws § 38-24A-10 — SD Code / Title 38 / Chapter 24A / Section 38-24A-10
Movements contrary to quarantine rules prohibited
Status: in_force

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 and natural resources.

Source: SL 1971, ch 220, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-36.3 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.3
Civil penalty--Injunctive relief
Status: in_force

Any person who operates a bulk commercial fertilizer storage facility without a permit or who violates the bulk commercial fertilizer storage facility permit provision of this section and §§ 38-19-1 and 38-19-36.2 is subject to a civil action in circuit court for the recovery of a civil penalty not to exceed five hundred dollars for each day of violation. In addition, the secretary, through the attorney general's office, may enforce the provisions of this section and §§ 38-19-1 and 38-19-36.2 by means of injunctive and declaratory relief in circuit court.

Source: SL 1988, ch 315, § 4.
S.D. Codified Laws § 38-24B-20 — SD Code / Title 38 / Chapter 24B / Section 38-24B-20
Treatment or destruction by secretary on failure of owner--Strict liability for costs--Assessment, collection, and disposition
Status: in_force

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 infested or infected plants or plant material, fields, premises, buildings, packing materials, or vehicles used in transporting such material. The owner or person in charge is strictly liable to the secretary for the actual and necessary expense associated therewith. That liability may be assessed against the premises and collected as taxes are collected. The department shall keep an accurate account in itemized form and certify it to the county auditor of the county where the land is situated. The county auditor shall place that amount upon the next tax list to be prepared in the county, in a separate column to be headed "For the destruction of diseased plants." The county treasurer shall remit all moneys collected under this chapter to the state treasurer who shall deposit it in the general fund. The amount certified shall be collected as other taxes are collected and is subject to all the penalties provided for the nonpayment of taxes, and the entry of such expense upon the tax list is presumptive evidence of the liability of the land to the tax.

Source: SL 1985, ch 313, § 20; SL 1986, ch 335, § 8; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-1-18.1 — SD Code / Title 38 / Chapter 1 / Section 38-1-18.1
Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds
Status: in_force

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 moneys received by the secretary of agriculture and natural resources under this section shall be deposited with the state treasurer and credited in a fund designated as "the Department of Agriculture and Natural Resources promotion fund." All moneys in said fund are hereby appropriated for the promotion of agriculture and to provide service in agriculture. Said fund shall be paid out on warrants drawn by the state auditor on vouchers approved by the secretary of agriculture and natural resources.

Source: SL 1970, ch 223; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-24B-5 — SD Code / Title 38 / Chapter 24B / Section 38-24B-5
License required to sell or distribute nursery stock--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 38-20A-41 — SD Code / Title 38 / Chapter 20A / Section 38-20A-41
Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order
Status: in_force

If the secretary has reasonable cause to believe a pesticide or a device is being distributed, sold, or offered for sale within this state in a manner inconsistent with any of the provisions of this chapter, or of any of the rules adopted under this chapter, the secretary may issue and serve a written "stop - sale" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available for service of the order, the order may be attached to the pesticide or device and the secretary shall notify the owner or custodian and the registrant. The pesticide or device may not be sold or used, and the stop-sale order may not be removed until the pesticide or device meets the provisions of this chapter and is released by written order under conditions specified by the secretary or the violation is otherwise rectified as provided in this chapter.

Source: SL 1977, ch 318; SL 1983, ch 281, § 34; SL 2020, ch 173, § 25.
S.D. Codified Laws § 38-18-9 — SD Code / Title 38 / Chapter 18 / Section 38-18-9
Sealing of diseased hives required--Violation as misdemeanor--Additional penalty
Status: in_force

Any hive which is infested with pests and in which the bees have died, shall be made tight so that robber bees cannot enter or leave the hive. The sealing of the hive shall be maintained as long as the hive remains infested with pests or remains in the apiary or in any place where robber bees can gain access to it. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a further penalty not in excess of five hundred dollars for each day he remains in violation of this section.

Source: SL 1947, ch 6, § 8; SDC Supp 1960, § 4.1108; SL 1976, ch 243, § 6; SL 1986, ch 330, § 11.
S.D. Codified Laws § 38-8-26 — SD Code / Title 38 / Chapter 8 / Section 38-8-26
Certificates of organization for new districts--Certificate of dissolution--Assets and liabilities revert to new district
Status: in_force

The requirements of §§ 38-8-16 to 38-8-18 , inclusive, apply to applications for issuance of certificates of organization for new districts pursuant to § 38-8-22 . Upon termination of the existing districts, the secretary of state shall issue and record a certificate of dissolution. All assets and liabilities of the original districts shall revert to the new district.

Source: SDC 1939, § 4.1517 (1) (a) as enacted by SL 1947, ch 13; SL 1968, ch 1, § 13; SL 1969, ch 6, § 2; SL 1994, ch 316, § 16.
S.D. Codified Laws § 38-8-63 — SD Code / Title 38 / Chapter 8 / Section 38-8-63
Cooperation with and aid to other public agencies or land occupiers in conservation measures
Status: in_force

A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district, in carrying on of erosion control and prevention operations and works of improvement for flood prevention for the conservation, development, utilization, and disposal of water within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (8); SL 1957, ch 4, § 8.
S.D. Codified Laws § 38-8A-25 — SD Code / Title 38 / Chapter 8A / Section 38-8A-25
Preventive treatment--Grounds for performance by conservation district board
Status: in_force

The board may perform the treatment ordered pursuant to § 38-8A-24 if the person named in the order fails to commence treatment within three days from the date of mailing, posting, or serving of notice, or at a later time specified by the order. The board may also perform the treatment if:

(1) The treatment is not performed in the manner and to the extent specified;

(2) Prior to the expiration date fixed in the order, the person named in the order advises the board he cannot or does not intend to accomplish the work.

Source: SL 1984, ch 263, § 4.
S.D. Codified Laws § 38-8-54 — SD Code / Title 38 / Chapter 8 / Section 38-8-54
District power to receive loans from special revenue fund
Status: in_force

A conservation district, and the supervisors thereof, shall have the power, in addition to others granted in other sections of this chapter, to make loans from the State of South Dakota from funds available through the conservation district special revenue fund on a reimbursable basis in accordance with policies and procedures prescribed by the State Conservation Commission.

Source: SDC 1939, § 4.1510 (11) as added by SL 1949, ch 11.
S.D. Codified Laws § 38-10-3.1 — SD Code / Title 38 / Chapter 10 / Section 38-10-3.1
Independent functions retained by commission
Status: in_force

The Wheat Utilization, Research and Market Development Commission shall have the quasi - judicial, quasi - legislative, advisory, other administrative and special budgetary functions (as defined in § 1-32-1 ) vested in it.

Source: SL 1973, ch 2, § 134; SL 1993, ch 302, § 3.
S.D. Codified Laws § 38-35-10 — SD Code / Title 38 / Chapter 35 / Section 38-35-10
Inspection timing and procedure
Status: in_force

At the discretion of the secretary, a grower licensee may be inspected and samples collected no more than thirty days before the hemp is harvested. The grower licensee shall contact the department prior to harvest to ensure a reasonable amount of time to schedule an inspection. The grower licensee is required to be present during the inspection. No harvested lot of hemp must be commingled with another harvested lot of hemp and no hemp may leave the dominion of control of the grower licensee until the grower licensee receives a laboratory result from the department that confirms each lot complies with 7 U.S.C. Chapter 38, Subchapter VII, as provided in 7 C.F.R §§ 990.70(d) and 990.71(d) in effect as of March 22, 2021.

Any location of the processor licensee is subject to random inspection. The processor licensee is required to be present during the inspection.

At the discretion of the secretary, a research licensee may be inspected, and samples may be collected. The research licensee is required to be present during the inspection.

Source: SL 2020, ch 176, § 10, eff. Mar. 27, 2020; SL 2021, ch 182, § 5, eff. Mar. 25, 2021; SL 2022, ch 155, § 10, eff. Mar. 18, 2022; SL 2024, ch 168, § 5.
S.D. Codified Laws § 38-12A-17 — SD Code / Title 38 / Chapter 12A / Section 38-12A-17
Additional prohibited acts--Violation as misdemeanor
Status: in_force

It is unlawful for any person:

(1) To alter or deface any label so that the information is false or misleading or to mutilate any label;

(2) To use in any manner any disclaimer, limited warranty or nonwarranty of information provided on a label pursuant to §§ 38-12A-2 to 38-12A-7 , inclusive;

(3) To disseminate any false or misleading advertisements concerning seed;

(4) To issue any statement, invoice or declaration as to the variety or certification of any seed which is false or misleading;

(5) To issue any statement or declaration identifying a lot of seed by variety name if the label states "variety not stated";

(6) To hinder or obstruct the secretary or an authorized agent in the performance of official duties under this chapter;

(7) To fail to comply with a "stop sale" order, or to move or otherwise handle or dispose of any quantity of seed held under a "stop sale" order, or a stop sale tag attached thereto, except with express permission of the agent who issued the stop sale in writing and except for the purpose specified therein;

(8) To plant seed which the person knows contains a prohibited noxious weed seed or restricted noxious weed seed in excess of the standards for that seed.

A violation of this section is a Class 1 misdemeanor.

Source: SL 1988, ch 314, § 17.
S.D. Codified Laws § 38-22-18 — SD Code / Title 38 / Chapter 22 / Section 38-22-18
Service of notice on nonresident owner of infested land
Status: in_force

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 the date of the posting and mailing of the notices, which shall be evidenced by the affidavit of a person qualified to serve civil process in this state to be filed with the county auditor. However personal service upon the owner outside of this state is sufficient.

Source: SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 20.
S.D. Codified Laws § 38-17-1.1 — SD Code / Title 38 / Chapter 17 / Section 38-17-1.1
Crop seeds defined
Status: in_force

For the purposes of this chapter, the term, crop seeds, means the seeds of grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed and combinations of such seeds.

Source: SL 2018, ch 241, § 1.
S.D. Codified Laws § 38-34-7 — SD Code / Title 38 / Chapter 34 / Section 38-34-7
Powers and duties of council
Status: in_force

The council shall promote the development, marketing, processing, and production of pulse crops in South Dakota. In the administration of this chapter, the council may:

(1) Contract and cooperate with any person or with any governmental department or agency for research, education, promotion, and transportation;

(2) Expend the funds collected pursuant to this chapter and appropriated for its administration;

(3) Appoint, discharge, fix compensation for, and prescribe the duties of personnel as necessary, subject to approval of the secretary;

(4) Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the council.

Source: SL 2005, ch 214, § 7.
S.D. Codified Laws § 38-24B-29 — SD Code / Title 38 / Chapter 24B / Section 38-24B-29
Violation of chapter--Revocation of license--Liability for damages
Status: in_force

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, ch 313, § 29; SL 2016, ch 202, § 10.
S.D. Codified Laws § 38-10-15 — SD Code / Title 38 / Chapter 10 / Section 38-10-15
Formulation of general policies and programs for wheat promotion
Status: in_force

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission shall have the power to formulate the general policies and programs of the State of South Dakota respecting the discovery, promotion, and development of markets and industries for the utilization of wheat grown within the State of South Dakota.

Source: SL 1961, ch 11, § 9 (1).
S.D. Codified Laws § 38-21-34 — SD Code / Title 38 / Chapter 21 / Section 38-21-34
Applicator's license--Limitations
Status: in_force

No applicator may hold more than one applicator's license simultaneously. Any private applicator's license held by a commercial applicator shall become invalid upon issuance of a commercial applicator's license by the secretary.

Source: SL 1955, ch 73; SDC Supp 1960, § 22.12B05; SDCL, § 38-21-10; SL 1974, ch 255, § 5; SL 2020, ch 174, § 10.
S.D. Codified Laws § 38-10-33 — SD Code / Title 38 / Chapter 10 / Section 38-10-33
Assessment of fee by director on failure to file report--Penalty--Time of payment
Status: in_force

If any person, business or entity, public or private, subject to the fee under § 38-10-22 , fails to make a report and remittance when and as required in this chapter, the executive director of the wheat commission shall determine the amount of such fee according to his best judgment and information, which amount so fixed shall be prima facie correct, and such person so having failed to make such report shall, within ten days after notice of the amount of the fee so fixed and computed by the director is mailed to such person, pay said fee, together with a penalty of five percent on the amount of the fee or he may dispute the fee as fixed by the director and request the commission to hold a hearing to determine the amount of the fee and penalty to be imposed. No payment may be made until the commission enters its order determining the amount of such payment, but such shall be paid within ten days of notice of such decision.

Source: SL 1961, ch 11, § 15 (3); SL 1993, ch 302, § 15.
S.D. Codified Laws § 38-19-40 — SD Code / Title 38 / Chapter 19 / Section 38-19-40
Injunction to prevent violations
Status: in_force

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 promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.

Source: SDC Supp 1960, § 22.1715 (1) (e) as added by SL 1966, ch 66, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-21-33.5 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.5
Pesticide dealer's license--Fee--Form of application
Status: in_force

An application for a pesticide dealer's license shall be accompanied by a seventy-five dollar license fee and shall be on a form prescribed by the secretary.

Source: SL 1975, ch 251, § 5; SL 2001, ch 215, § 23; SL 2020, ch 175, § 8.
S.D. Codified Laws § 38-10-12 — SD Code / Title 38 / Chapter 10 / Section 38-10-12
Appointment of executive director--Compensation
Status: in_force

The wheat commission may appoint a full-time executive director to carry out the provisions of this chapter. The executive director shall receive compensation as determined by the commission subject to § 38-10-14 . The executive director may not be one of the appointed commission members.

Source: SL 1961, ch 11, § 2; SL 1973, ch 2, § 134; SDCL Supp, § 38-10-3.1 ; SL 1993, ch 302, § 8; SL 2013, ch 193, § 2.
S.D. Codified Laws § 38-27-17 — SD Code / Title 38 / Chapter 27 / Section 38-27-17
Council to provide refund information
Status: in_force

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, and private businesses engaged in the purchase of sunflowers, safflowers, canola, or flax.

Source: SL 1980, ch 273, § 14; SL 1989, ch 346, § 16.
S.D. Codified Laws § 38-18-28 — SD Code / Title 38 / Chapter 18 / Section 38-18-28
Promulgation of rules by secretary
Status: in_force

The secretary, pursuant to the provisions of chapter 1-26 , may promulgate rules consistent with the following:

(1) To provide application forms and guidelines for location and colony registration and entrance permits;

(2) To provide standards to allow apiaries to be located within three miles of each other on a temporary or permanent basis;

(3) To provide for denial or revocation of locations or permits;

(4) To provide standards and procedures for handling diseased bees and bee equipment;

(5) To provide standards and procedures for an apiary inspection program;

(6) To provide standards and procedures for quarantine of bees, equipment and premises and areas and for lifting of quarantines;

(7) To provide standards and inspection procedures for honey houses;

(8) To provide standards and procedures for the seizure of unlawfully imported bees and bee equipment;

(9) To provide forms and standards to issue certificates of health or inspection for bees;

(10) To provide a procedure for contested cases;

(11) To provide standards for identification of apiaries;

(12) To provide standards and procedures for treatment and control of pests;

(13) To establish restrictions on the movement of quarantined bees or equipment and standards for the inspection, treatment, disposal, certification, permitting, and assignment of specified travel routes, locations and procedures for quarantined bees or equipment;

(14) To provide standards for compliance agreements;

(15) To provide standards for incidental expenses.

Source: SL 1947, ch 6, § 19; SDC Supp 1960, § 4.1117; SL 1986, ch 326, § 26; SL 1986, ch 330, § 32; SL 1992, ch 280, § 12.
S.D. Codified Laws § 38-32-16 — SD Code / Title 38 / Chapter 32 / Section 38-32-16
Deduction of assessment from purchase price
Status: in_force

Every first purchaser of corn shall collect the assessment imposed by this chapter by deducting the assessment from the purchase price of all corn subject to the assessment and purchased by the first purchaser.

Source: SL 1988, ch 318, § 16.
S.D. Codified Laws § 38-19-45 — SD Code / Title 38 / Chapter 19 / Section 38-19-45
Severability of provisions
Status: in_force

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, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Source: SL 1949, ch 85, § 18; SDC Supp 1960, § 22.1718.
S.D. Codified Laws § 38-32-22 — SD Code / Title 38 / Chapter 32 / Section 38-32-22
Compensation and expenses for corn utilization council
Status: in_force

Members of the corn utilization council shall receive per diem compensation pursuant to § 4-7-10.4 and shall be reimbursed for necessary expenses incurred in performing the duties prescribed by this chapter. The provisions of this section shall be retroactive in effect to July 1, 1988.

Source: SL 1989, ch 347.
S.D. Codified Laws § 38-1-4 — SD Code / Title 38 / Chapter 1 / Section 38-1-4
General duties of secretary
Status: in_force

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 I, art I, §§ 2, 3, 7; SL 1933, ch 59; SDC 1939, § 4.0102; SL 1943, ch 3; SL 1951, ch 298; SL 1953, ch 318; SL 1955, ch 224; SL 1957, ch 262; SL 1961, ch 260; SL 1965, ch 260; SL 1967, ch 239, § 1; SL 1969, ch 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19A-9 — SD Code / Title 38 / Chapter 19A / Section 38-19A-9
Proof required of claims or usefulness and value--Evidence of proof
Status: in_force

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, evaluations, or advice supplied from the agricultural experiment station. The experimental results shall be applicable to such regional conditions as to which the product is intended. The secretary may accept other sources of proof as additional evidence in evaluating soil amendments.

Source: SL 1976, ch 244, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-1-29 — SD Code / Title 38 / Chapter 1 / Section 38-1-29
Apiaries and bees
Status: in_force

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.
S.D. Codified Laws § 38-18-37 — SD Code / Title 38 / Chapter 18 / Section 38-18-37
Dissemination of information and instruction concerning honey assessment
Status: in_force

The department shall develop and disseminate information and instruction relating to the purpose of the honey assessment and to this purpose shall cooperate with state and federal governmental agencies and private businesses engaged in the purchase of honey.

Source: SL 1991, ch 324, § 8.
S.D. Codified Laws § 38-33-5 — SD Code / Title 38 / Chapter 33 / Section 38-33-5
Powers of commission
Status: in_force

The commission may:

(1) For purposes related to the swine industry, enter into contracts, including loans and grants, and cooperate with any person, any local, state, or national organization, whether public or private, or with any governmental department or agency for the discovery, promotion, development, and expansion of domestic and export markets and industries and for research, protection, education, transportation, and health issues;

(2) Expend the funds collected pursuant to §§ 38-33-1 to 38-33-12 , inclusive, and appropriated for its administration;

(3) Appoint, employ, discharge, fix compensation for, and prescribe the duties of such personnel as it deems necessary;

(4) Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the commission;

(5) Lease, purchase, own, maintain, operate, and dispose of equipment and supplies necessary to carry out the provisions of §§ 38-33-1 to 38-33-12 , inclusive.

Source: SL 2001, ch 219, § 7.
S.D. Codified Laws § 38-35-24 — SD Code / Title 38 / Chapter 35 / Section 38-35-24
Cultivation restricted to licensed producer
Status: in_force

Only a licensed hemp producer may cultivate hemp in this state.

Source: SL 2026, ch 167, § 4, eff. Jan. 1, 2027.
S.D. Codified Laws § 38-8-45.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-45.1
Meetings and hearings of district supervisors open to public
Status: in_force

Except as otherwise provided by law, all meetings and hearings of the board of supervisors shall be open to the public and publicized as may be determined by the board.

Source: SDC Supp 1960, § 4.1509 (4) as enacted by SL 1968, ch 1, § 9.
S.D. Codified Laws § 38-10-11 — SD Code / Title 38 / Chapter 10 / Section 38-10-11
Officers of wheat commission--Meetings
Status: in_force

The wheat commission shall elect a chairman, vice - chairman, secretary, and treasurer from among its members. The commission shall meet at least once every three months and at such other times as called by the chairman or by any two members of the commission.

Source: SL 1961, ch 11, § 8.
S.D. Codified Laws § 38-17-4 — SD Code / Title 38 / Chapter 17 / Section 38-17-4
Seed lien available to foreign corporations without qualifying
Status: in_force

Any corporation created by virtue of the laws of any other state or territory may furnish crop seed under the provisions of §§ 38-17-3 to 38-17-9 , inclusive, without complying with the laws in reference to foreign corporations doing business in this state.

Source: SL 1887, ch 150, § 3; CL 1887, § 5492; SL 1890, ch 60; RCCivP 1903, § 733; RC 1919, § 1679; SDC 1939, § 39.1202; SL 2018, ch 241, § 4.
S.D. Codified Laws § 38-19A-11 — SD Code / Title 38 / Chapter 19A / Section 38-19A-11
Annual tonnage statement--Inspection fees
Status: in_force

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 state during that period. The report shall be due within thirty-one days following each annual reporting period. If the report is not filed and the payment of the inspection fee is not made within the time period specified, a collection fee amounting to ten percent of the amount shall be assessed against the registrant. However, the minimum collection fee is ten dollars. The secretary may examine such records to verify statements of tonnage. The statement shall be accompanied by payment of an inspection fee of twenty cents per ton for all soil amendments distributed in this state. The secretary may allow payment of inspection fees on a calculated equivalent of volume to tons.

Source: SL 1976, ch 244, §§ 6, 10; SL 2001, ch 215, § 19; SL 2015, ch 203, § 19; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-32-10 — SD Code / Title 38 / Chapter 32 / Section 38-32-10
Vacancies
Status: in_force

If a director of the council ceases to be a participating grower, dies or resigns from office prior to the expiration of his term, the council shall appoint, subject to approval by the secretary, a participating grower from the district for the balance of the unexpired term.

Source: SL 1988, ch 318, § 10; SL 1991, ch 328, § 10.
S.D. Codified Laws § 38-7-3.1 — SD Code / Title 38 / Chapter 7 / Section 38-7-3.1
Commission administered by department--Functions retained by commission
Status: in_force

The commission is administered by the Department of Agriculture and Natural Resources. The commission shall retain the quasi - judicial, quasi - legislative, advisory, other nonadministrative, and special budgetary functions, as defined in § 1-32-1 , otherwise vested in it, and shall exercise those functions independently of the department.

Source: SL 1973, ch 2, § 104; SL 1975, ch 23, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2024, ch 166, § 7.
S.D. Codified Laws § 38-22-11 — SD Code / Title 38 / Chapter 22 / Section 38-22-11
Enforcement of commission rules, regulations, processes, subpoenas, and orders
Status: in_force

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.
S.D. Codified Laws § 38-19A-1 — SD Code / Title 38 / Chapter 19A / Section 38-19A-1
Definition of terms
Status: in_force

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, consigning, manufacturing, producing, compounding, mixing or blending any soil amendment, or offering for sale, selling, bartering, or otherwise supplying any soil amendment in this state;

(4) "Distributor," any person who distributes any soil amendment in this state;

(5) "Investigational allowance," any allowance for variations inherent in the taking, preparation and analysis of an official sample of a soil amendment;

(6) "Label," any display of all written, printed, or graphic matter upon the immediate container or statement accompanying a soil amendment;

(7) "Labeling," any written, printed, or graphic matter, upon or accompanying any soil amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of such soil amendment;

(7A) "Manipulated manure," any animal or vegetable manure collected or stored in a manner consistent with practices commonly implemented in agricultural production that has been subjected to practices including composting, mechanical dewatering, or pelletizing or altered in any way to change chemical, physical, or biological characteristics;

(7B) "Microbe," any microbiological organism or mixture of microbiological organisms intended to produce any physical, chemical, biochemical, biological, or other change in the soil;

(8) "Minimum percentage," that percentage of soil amendment ingredient that shall be present in a product before the product may be accepted for registration when distributed in any form or manner;

(9) "Official sample," any sample of a soil amendment taken by the secretary and so designated;

(10) "Percent," percentage by weight;

(11) "Registrant," any person who shall register any soil amendments under the provisions of this chapter;

(12) "Secretary," the secretary of the Department of Agriculture and Natural Resources of the State of South Dakota;

(13) "Soil amending ingredient," any substance which will improve the physical, chemical, or other characteristic of the soil or improve crop production;

(14) "Soil amendment," any substance which is intended to improve the physical, chemical, or other characteristics of the soil or improve crop production, except the following: commercial fertilizer, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, lime or lime sludge produced by a water treatment facility, sewage sludge, as defined in § 38-19-1 , and compost as defined in § 38-19-1 ;

(15) "Soil ingredient form," any ingredient or the chemical compound of an ingredient;

(16) "Ton," two thousand pounds avoirdupois net weight;

(17) "Weight," the weight of that material offered for sale.

Source: SL 1976, ch 244, § 1; SL 1995, ch 324, § 5; SL 2015, ch 203, § 17; SL 2016, ch 200, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-10 — SD Code / Title 38 / Chapter 12A / Section 38-12A-10
Exceptions to labeling requirements
Status: in_force

The provisions of §§ 38-12A-2 to 38-12A-6 , inclusive, do not apply to:

(1) Seed or grain not intended for sowing purposes;

(2) Seed in storage in or being transported or consigned to a conditioning establishment for conditioning, provided that the invoice or labeling accompanying any lot of seed bears the statement "seed for conditioning" and provided that any labeling or other representation which may be made with respect to the unconditioned seed shall be subject to this chapter;

(3) Seed which is in the possession of a seedsman or seed producer and has been conditioned or carried over from a previous sales season or is being transported to another seedsman provided that the seed is not exposed to consumers and that either a test to determine label information is in progress or that the records or a representative label with or accompanying each lot contain current label information;

(4) Any carrier with respect to seed transported or delivered for transportation in the ordinary course of its business as a carrier, provided that the carrier is not engaged in producing, conditioning, or marketing seeds subject to this chapter;

(5) A farmer, when certain large or coarse seeds prescribed by the secretary pursuant to § 38-12A-20 that do retain their identity are grown, sold and delivered by that farmer on his own premises to a seedsman or consumer. Such seeds, if taken to community sales for sale or if publicly advertised for sale or containing "noxious weeds" shall be labeled in accordance with this chapter.

Source: SL 1988, ch 314, § 10.
S.D. Codified Laws § 38-8A-15 — SD Code / Title 38 / Chapter 8A / Section 38-8A-15
Issuance of permits by commission or districts prohibited
Status: in_force

Neither the State Conservation Commission nor the conservation districts may issue permits under the provisions of this chapter.

Source: SL 1976, ch 242, § 12.
S.D. Codified Laws § 38-17-3 — SD Code / Title 38 / Chapter 17 / Section 38-17-3
Lien on crop for seed furnished--Limitation on amount contained in farm lease
Status: in_force

Any person who provides crop seeds to be planted on any lands owned, used, or rented by another person has a lien on the crop produced from the seed if the person providing the seed files the notice described in § 38-17-5 . A landlord and tenant may limit the amount of seed to be furnished to a tenant by a provision in a lease if the lease is filed in the office of the register of deeds before the seed is furnished to the tenant.

Source: SL 1887, ch 150, § 1; CL 1887, § 5490; RCCivP 1903, § 731; RC 1919, § 1677; SL 1937, ch 15; SDC 1939, § 39.1201; SL 1985, ch 310, § 1; SL 2018, ch 241, § 3.
S.D. Codified Laws § 38-21-37 — SD Code / Title 38 / Chapter 21 / Section 38-21-37
Application without compensation--Exemption
Status: in_force

The licensing requirements of this chapter do not apply to any person using hand-powered equipment to apply pesticides, other than restricted-use pesticides, to lawns, or to ornamental shrubs and trees not in excess of twelve feet high, if applied without compensation.

Source: SL 1974, ch 255, § 26; SL 1991, ch 326, § 12; SL 2020, ch 173, § 49.
S.D. Codified Laws § 38-10-23 — SD Code / Title 38 / Chapter 10 / Section 38-10-23
Sales to federal government exempt from fee
Status: in_force

The fee, herein levied and imposed by the provisions of § 38-10-22 , shall not apply to the sale of wheat to the federal government for ultimate use or consumption by the people of the United States, where the State of South Dakota is prohibited from imposing such fee by the Constitution of the United States and laws enacted pursuant thereto.

Source: SL 1961, ch 11, § 14.
S.D. Codified Laws § 38-22-16.1 — SD Code / Title 38 / Chapter 22 / Section 38-22-16.1
Weeds or pests in any amount considered infestation
Status: in_force

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.
S.D. Codified Laws § 38-20A-6 — SD Code / Title 38 / Chapter 20A / Section 38-20A-6
Interplant shipments--Exception from registration
Status: in_force

Notwithstanding any other provision of this chapter, registration is not required if a pesticide is shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person, and the pesticide is not sold or offered for sale in this state.

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (5); SDCL, § 39-19-6; SL 2020, ch 173, § 4.
S.D. Codified Laws § 38-24B-4 — SD Code / Title 38 / Chapter 24B / Section 38-24B-4
Misrepresentation of nursery stock and plants offered for distribution--Violation as misdemeanor
Status: in_force

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 Class 1 misdemeanor.

Source: SL 1985, ch 313, § 4; SL 1986, ch 335, § 4.
S.D. Codified Laws § 38-19-5 — SD Code / Title 38 / Chapter 19 / Section 38-19-5
Guaranteed analysis defined
Status: in_force

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) ____________ percent

(2) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphoric acid and the degree of fineness shall be stated. For bone, tankage, and other organic phosphatic materials, total phosphoric acid shall be stated.

(3) Guarantees for plant nutrients other than nitrogen, phosphoric acid, and potash may be permitted or required by regulations of the secretary of agriculture and natural resources. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the secretary and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed they shall be subject to inspection, analysis, and minimum standards in accord with the methods prescribed by this chapter and the regulations promulgated hereunder.

Source: SDC Supp 1960, § 22.1702 (20) (a) as added by SL 1966, ch 66, § 2; SL 1982, ch 281, § 10; SL 2015, ch 203, § 14; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-7-4 — SD Code / Title 38 / Chapter 7 / Section 38-7-4
Composition of commission--Appointment and terms of members--Vacancies
Status: in_force

The State Conservation Commission is composed of nine members appointed by the Governor. Eight members shall be appointed as follows: one member from a list of three names recommended to the Governor from the South Dakota Municipal League, from its membership to represent the urban interests; one member from a list of three names recommended to the Governor from the directors of the water development districts; two members who are engaged in the tree industry; and four members who are or have been conservation district supervisor members as designated in § 38-7-5 . No more than five members may be from one political party. Each appointed member shall serve a three-year term. Each conservation district supervisor member shall be, or shall have been a supervisor of a conservation district. A member shall take office on the first day of January of the year following the member's appointment. Each appointment shall be made on or before the first day of December.

The Governor shall appoint the conservation district supervisor members from a list of names of qualified persons submitted to the Governor by the State Association of Conservation Districts. The association shall, at times consistent with the terms of this section and in a manner determined at its annual convention, submit a list of three nominees for each membership on the commission to be filled by appointment of the Governor.

Any vacancy arising from reasons other than the natural expiration of a term shall be filled for the unexpired term as in the case of original appointments.

Source: SDC 1939, § 4.1503 as added by SL 1949, ch 10; SL 1957, ch 4, § 2; SL 1968, ch 1, § 2; SL 1974, ch 254, § 2; SL 1975, ch 23, § 7; SL 1979, ch 354, § 33; SL 1981, ch 374, § 29; SL 1985, ch 306; SL 1989, ch 341; SL 2018, ch 240, § 2.
S.D. Codified Laws § 38-24B-7.1 — SD Code / Title 38 / Chapter 24B / Section 38-24B-7.1
Certificate of inspection--Fee
Status: in_force

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, § 2; SL 2017, ch 181, § 3.
S.D. Codified Laws § 38-7-21 — SD Code / Title 38 / Chapter 7 / Section 38-7-21
Recommendations on programs of local, state, and federal agencies and subdivisions
Status: in_force

In addition to the duties and powers conferred upon the State Conservation Commission in chapter 38-8 , it shall have the duty and power to review and make recommendations within its discretion, in cooperation and consultation with affected districts, on all natural resource development programs proposed or planned by local, state, and federal agencies and subdivisions.

Source: SDC 1939, § 4.1506 as added by SL 1968, ch 1, § 4.
S.D. Codified Laws § 38-8A-17 — SD Code / Title 38 / Chapter 8A / Section 38-8A-17
Land-disturbing activity plans, applications, and reports not required if standards not violated--Plan required for conversion of fragile land
Status: in_force

No person engaging in land - disturbing activities is required to prepare a plan, file an application or otherwise report these activities to the conservation district, except as provided for in § 38-8A-18 . The district may require a conservation plan preceding the conversion to cropland of any land which has been designated fragile land as provided by § 38-8A-6 .

Source: SL 1976, ch 242, § 14; SL 1984, ch 263, § 9; SL 1997, ch 226, § 5.
S.D. Codified Laws § 38-22-16 — SD Code / Title 38 / Chapter 22 / Section 38-22-16
Infested land declared public nuisance--Protective operations by secretary
Status: in_force

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 public nuisance and may enter such infested areas and perform such protective operations as may be necessary.

Source: SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1970, ch 225, § 5; SL 1983, ch 282, § 16; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-11.1 — SD Code / Title 38 / Chapter 22 / Section 38-22-11.1
Promulgation of rules
Status: in_force

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) To prescribe when an infestation constitutes a menace; and

(6) To establish standards for application, economic feasibility, technical feasibility, reporting, and evaluation of weed and pest control projects.

Source: SL 1986, ch 326, § 51; SL 1989, ch 345, § 8.
S.D. Codified Laws § 38-1-38.1 — SD Code / Title 38 / Chapter 1 / Section 38-1-38.1
Principles of state before federal government
Status: in_force

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 matter concerning the cattle industry:

(1) Federal beef import quotas should be broadened to cover all classification of cattle, beef, and beef products;

(2) Federal beef import quotas should be correlated with domestic beef production so that beef imports will increase when domestic production is low and decrease when domestic production is high;

(3) The federal government should require all imported beef and beef products to be clearly labeled so as to identify the country of origin;

(4) No meat may be imported into this country unless it meets federal meat inspection standards;

(5) Federal health inspection of imported live cattle should be at least as stringent as the import health inspection of the exporting country;

(6) The federal government should vigorously enforce all existing statutes and treaty restrictions against unfair international trade practices, such as beef export subsidies, rebates, and production credits.

Source: SL 1979, ch 261, § 2.
S.D. Codified Laws § 38-8A-24 — SD Code / Title 38 / Chapter 8A / Section 38-8A-24
Emergency orders--Issuance--Posting
Status: in_force

Upon a finding by the board of supervisors that an emergency exists, the board of supervisors shall notify the county commissioners who shall issue an order to each of the persons at the address shown on the records of the county director of equalization. The order shall be issued by registered mail or as provided by the South Dakota Rules of Civil Procedure for the service of summons. The order shall also be posted in a public place in the county courthouse in the county in which the land is located.

Source: SL 1984, ch 263, § 3.
S.D. Codified Laws § 38-22-23.14 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.14
Remedial action by board on owner's failure--Certification of expenses--Collection
Status: in_force

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 expenses, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater. If the landowner has not paid the bill by November first of the calendar year in which the expenses were incurred, the amount of the bill shall be further increased by ten percent, and the adjusted amount shall be charged as taxes against each tract of land on which the expenses were incurred. The adjusted amount shall be collected as other taxes and credited to the general fund.

Source: SL 1983, ch 282, § 39; SL 1996, ch 247; SL 2001, ch 217, § 2.
S.D. Codified Laws § 38-8-11 — SD Code / Title 38 / Chapter 8 / Section 38-8-11
Vote required to authorize creation of district--Extent of participation in voting required
Status: in_force

The State Conservation Commission may not determine that the operation of a proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district are cast in favor of the creation of the district.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SL 1959, ch 3, § 4; SDC Supp 1960, § 4.1507 (5); SL 1994, ch 316, § 7.
S.D. Codified Laws § 38-8A-11 — SD Code / Title 38 / Chapter 8A / Section 38-8A-11
Adoption of conservation standards by districts--Cooperation with other local units
Status: in_force

To carry out its program, each district, in cooperation with other local units of government, shall, within three months after the guidelines have been reviewed by the commission, adopt conservation standards consistent with the control of erosion and sediment resulting from land - disturbing activities.

Source: SL 1976, ch 242, § 8.
S.D. Codified Laws § 38-27-12 — SD Code / Title 38 / Chapter 27 / Section 38-27-12
Collection of assessment by deduction from purchase price
Status: in_force

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, canola, or flax subject to the assessment and purchased by the first purchaser.

Source: SL 1980, ch 273, § 10; SL 1985, ch 314, § 3; SL 1989, ch 346, § 11.
S.D. Codified Laws § 38-8A-14 — SD Code / Title 38 / Chapter 8A / Section 38-8A-14
Enforcement of standards under contract with public agency
Status: in_force

Land - disturbing activities, carried out under contract with an agency of the state or with any of its local political subdivisions, shall be subject to the enforcement action of such agency or subdivision.

Source: SL 1976, ch 242, § 16.
S.D. Codified Laws § 38-19-26 — SD Code / Title 38 / Chapter 19 / Section 38-19-26
Guaranteed analysis of custom mix or fertilizer materials
Status: in_force

In lieu of the guaranteed analysis, the person who mixes to the customer's order must furnish to the purchaser and consumer a written or printed statement showing the weight and guaranteed analysis of each of the fertilizer materials used in the intimate mixture or delivered in each of the separate compartments in the load.

Source: SDC Supp 1960, § 22.1703 (2) (c) as enacted by SL 1966, ch 66, § 3.
S.D. Codified Laws § 38-27-8 — SD Code / Title 38 / Chapter 27 / Section 38-27-8
Powers of council
Status: in_force

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 administration;

(3) Appoint, discharge, fix compensation for, and prescribe the duties of personnel as necessary, subject to approval of the secretary;

(4) Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the council.

Source: SL 1980, ch 273, § 8; SL 1989, ch 346, § 7.
S.D. Codified Laws § 38-33-12 — SD Code / Title 38 / Chapter 33 / Section 38-33-12
Dissolution of commission--Resumption of activities
Status: in_force

If any national promotion, research, or consumer information program that uses an assessment mechanism on the sale of swine and is under the supervision of an agency of the federal government is resumed or established, the collection of assessments under §§ 38-33-1 to 38-33-12 , inclusive, is suspended beginning sixty days after the collection of assessments under the national program begins. If the collection of assessments under §§ 38-33-1 to 38-33-12 , inclusive, remains suspended for more than two years, the commission is dissolved and the assets and liabilities of the commission shall be managed as the Legislature shall determine. If, after the commission has been dissolved, the collection of assessments by the national program ceases for a period of sixty days, new members of the commission shall be appointed and subsequent commission members elected as provided in §§ 38-33-1 to 38-33-12 , inclusive, and the activities of the commission shall resume.

Source: SL 2001, ch 219, § 16.
S.D. Codified Laws § 38-7-18 — SD Code / Title 38 / Chapter 7 / Section 38-7-18
Assistance provided to districts by federal and state agencies
Status: in_force

In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry in chapter 38-8 , it shall have the duty and power to secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of the several conservation districts.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1506 (4).
S.D. Codified Laws § 38-22-16.2 — SD Code / Title 38 / Chapter 22 / Section 38-22-16.2
Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy
Status: in_force

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 that the person or entity is responsible for allowing the infestation to spread to the adjacent private or public land.

Source: SL 2000, ch 202, § 1.