S.D. Codified Laws § 38-17-17 — SD Code / Title 38 / Chapter 17 / Section 38-17-17
Innocent purchaser of crop protected against unfiled lien
Status: in_force

The provisions of § 38-17-14 shall not apply to an innocent purchaser of the grain, corn seeds, or agricultural products baled, mowed, ground, raked, or pulverized after the threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or pulverizing, unless the said lien be filed within ten days after completion of the service.

Source: SL 1889, ch 88, § 1; SL 1901, ch 174, § 1; RCCivP 1903, § 737; RC 1919, § 1683; SL 1921, ch 281, § 1; SL 1931, ch 175, § 1; SDC 1939, § 39.1301; SL 1957, ch 199.
S.D. Codified Laws § 38-35-4 — SD Code / Title 38 / Chapter 35 / Section 38-35-4
Application for processor license--Fee--Location notice
Status: in_force

After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to § 38-35-15 , any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for processing shall apply to the secretary for a processor license on an application form prescribed by the department and submit a nonrefundable annual application fee. The applicant may submit an application form for a processor license at any time. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund.

The applicant shall provide to the department the street address, legal description, and latitude and longitude coordinates for any location where hemp will be processed under the processor's license and certify that any location where hemp is to be processed is under the control of the applicant. A processor licensee shall provide notice of any change in ownership or location to the department within ten days of a change. Failure to amend change of ownership or location automatically invalidates the license, and a new license must be obtained.

Source: SL 2020, ch 176, § 4, eff. Mar. 27, 2020; SL 2021, ch 182, § 2, eff. Mar. 25, 2021; SL 2022, ch 155, § 5, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-8-52 — SD Code / Title 38 / Chapter 8 / Section 38-8-52
Cooperation between districts
Status: in_force

The supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.

Source: SL 1937, ch 19, § 12; SDC 1939, § 4.1514.
S.D. Codified Laws § 38-19-10 — SD Code / Title 38 / Chapter 19 / Section 38-19-10
Inspection fee on fertilizer distributed in state--Rules
Status: in_force

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 in accordance with the provisions of § 38-19-12 , not to exceed seventy-five cents per ton. The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish the inspection fee.

Source: SL 1949, ch 85, § 4; SDC Supp 1960, § 22.1704 (1); SL 1982, ch 281, § 15; SL 1989, ch 306, § 54; SL 1993, ch 304, § 1; SL 2001, ch 215, § 13; SL 2016, ch 201, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-34-1 — SD Code / Title 38 / Chapter 34 / Section 38-34-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Council," the South Dakota Pulse Crop Council;

(2) "First purchaser," any person, firm, corporation, association, partnership, agent, or broker buying, accepting for sale, or otherwise acquiring pulse crops after harvest from a grower. A grower selling unharvested pulse crops or delivering pulse crops from the farm on which they are produced to storage facilities, packing shed, or processing plant is not a first purchaser;

(3) "Grower," any person who is the legal initial owner of pulse crops harvested from more than ten acres;

(4) "Participating grower," a grower who has not requested a refund from the payment of assessments on pulse crops under this chapter for the current or previous year;

(5) "Pulse crops," lentils, dry peas, chickpeas, and lupines;

(6) "Secretary," the secretary of the Department of Agriculture and Natural Resources.

Source: SL 2005, ch 214, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-12 — SD Code / Title 38 / Chapter 12A / Section 38-12A-12
Contents of advertisement by person excepted from seed permit
Status: in_force

Any person excepted from a seed permit pursuant to § 38-12A-11 who advertise seed in this state shall comply with this chapter. The advertisement shall include but not be limited to:

(1) Kind, or kind and variety, or kind and "variety not stated";

(2) Percentages of purity and germination;

(3) The percentage by weight of other crop seed, if present;

(4) The rate of occurrence of any restricted noxious weed seed, if present;

(5) The percentage by weight of all weed seed, if present;

(6) The name and telephone number or the name and address of the person commissioning the advertisement.

Source: SL 1988, ch 314, § 12.
S.D. Codified Laws § 38-22-26 — SD Code / Title 38 / Chapter 22 / Section 38-22-26
Organization for weed and pest control prerequisite to appropriation
Status: in_force

No appropriations may be made pursuant to § 38-22-24 until the county has been organized for weed and pest control pursuant to this chapter.

Source: SL 1945, ch 349, § 6; SL 1947, ch 422; SL 1949, ch 437; SL 1951, ch 465; SL 1955, ch 437; SDC Supp 1960, § 62.0306; SL 1961, ch 10, § 6; SL 1983, ch 282, § 43; SL 1985, ch 77, § 25.
S.D. Codified Laws § 38-1-2 — SD Code / Title 38 / Chapter 1 / Section 38-1-2
Secretary of agriculture and natural resources as head of department--Appointment
Status: in_force

The head of the Department of Agriculture and Natural Resources shall be known as the secretary of agriculture and natural resources of the State of South Dakota, and wherever the word "secretary" appears in this title, it shall mean the "secretary of agriculture and natural resources of the State of South Dakota" unless the context indicates otherwise. The secretary shall be appointed by the Governor pursuant to S.D. Const., Art. IV, § 9 and to § 1-32-3 .

Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch I, art I, §§ 2, 4; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 65, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-29-5 — SD Code / Title 38 / Chapter 29 / Section 38-29-5
Officers--Quorum--Meetings
Status: in_force

The soybean research and promotion council shall annually elect a chairman and vice - chairman. A majority of voting members shall constitute a quorum. All meetings of the council shall be called by the chairman except special meetings may be called by three members of the council. The council shall adopt procedures for the calling of special meetings.

Source: SL 1984, ch 267, § 5.
S.D. Codified Laws § 38-20A-3 — SD Code / Title 38 / Chapter 20A / Section 38-20A-3
Declaration as pest--Public hearing
Status: in_force

The secretary is authorized, after holding a public hearing, to declare as a pest any form of plant or animal life or virus which is injurious to any plant, person, domestic animal, or substance.

Source: SL 1947, ch 99, § 6; SDC Supp 1960, § 22.12A06 (1) (a); SDCL, § 39-19-3; SL 1985, ch 15, § 51; SL 2020, ch 173, § 3.
S.D. Codified Laws § 38-18-13 — SD Code / Title 38 / Chapter 18 / Section 38-18-13
False information or hindering of enforcement as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to knowingly give false or incomplete information in any application or permit required by this chapter or to resist, impede, or hinder the secretary in the discharge of his duties pursuant to this chapter.

Source: SL 1947, ch 6, § 6; SL 1959, ch 2, § 5; SDC Supp 1960, § 4.1106; SL 1977, ch 190, § 320; SL 1986, ch 330, § 15.
S.D. Codified Laws § 38-35-17 — SD Code / Title 38 / Chapter 35 / Section 38-35-17
Transportation by person other than licensed hemp producer--Required documentation--Penalty
Status: in_force

If the transporter is not a licensed hemp producer, that transporter must have in the transporter's possession:

(1) A copy of the license under which the industrial hemp was grown or produced;

(2) A laboratory report produced by a Drug Enforcement Administration-registered laboratory confirming that the lot of origin of all hemp being transported complies with 7 U.S.C. §§ 1639o to 1639s, inclusive (January 1, 2026);

(3) A signed affirmation from the licensed hemp producer and the transporter that no illicit drugs or variations of hemp not explicitly authorized by 7 U.S.C. Chapter 38, Subchapter VII will be transported; and

(4) A bill of lading or manifest that includes the shipment contents, the specific name and address of the transporter, the specific name and address of the origin and lot of origin, the destination of the shipment, the total weight of the load, and the type of vehicle being used.

Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor.

Source: SL 2020, ch 176, § 17, eff. Mar. 27, 2020; SL 2021, ch 182, § 8, eff. Mar. 25, 2021; SL 2022, ch 155, § 15, eff. Mar. 18, 2022; SL 2026, ch 167, § 2, eff. Jan. 1, 2027.If the transporter is not a grower licensee, that transporter shall have in the transporter's possession the following documentation:

(1) A copy of the license under which the industrial hemp was grown or produced;

(2) A laboratory report produced by a Drug Enforcement Administration-registered laboratory that confirms the lot of origin of all hemp being transported 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;

(3) A signed affirmation from the licensee and the transporter that no illicit drugs or variations of hemp not explicitly authorized by 7 U.S.C. Chapter 38, Subchapter VII will be transported; and

(4) A bill of lading or manifest that includes the shipment contents, the specific name and address of the transporter, the specific name and address of the origin and lot of origin, the destination of the shipment, the total weight of the load, and the type of vehicle being used.

Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor.

Source: SL 2020, ch 176, § 17, eff. Mar. 27, 2020; SL 2021, ch 182, § 8, eff. Mar. 25, 2021; SL 2022, ch 155, § 15, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-12A-26 — SD Code / Title 38 / Chapter 12A / Section 38-12A-26
Purpose of committee--Nonbinding report--Evidence in litigation
Status: in_force

The purpose of the arbitration committee is to assist consumers and seedsmen, seed producers, and seed dealers in determining the validity of complaints made by consumers and recommend total money damages resulting from alleged failure of seed to produce as represented by label on the seed package. Any report of the arbitration committee is nonbinding. The consumer or the seedman, seed producer, or seed dealer may offer the report as evidence in any litigation.

Source: SL 1988, ch 314, § 25.
S.D. Codified Laws § 38-10-25 — SD Code / Title 38 / Chapter 10 / Section 38-10-25
Proof of purchase delivered by purchaser to grower--Contents
Status: in_force

The purchaser, at the time of settlement of the purchase, shall make and deliver a proof of purchase to the grower. This proof of purchase document may be a settlement sheet, a check stub, or other legible document showing:

(1) The name of the grower and seller;

(2) The name and address of the purchaser;

(3) The number of bushels of wheat sold;

(4) The date of the purchase; and

(5) The net market price.

Source: SL 1961, ch 11, § 15 (1); SL 1990, ch 318, § 2; SL 2014, ch 193, § 3.
S.D. Codified Laws § 38-7-17 — SD Code / Title 38 / Chapter 7 / Section 38-7-17
Coordination of district programs
Status: in_force

The Department of Agriculture and Natural Resources may coordinate the programs of conservation districts, so far as this may be done by advice and consultation.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1506 (3); SL 2024, ch 166, § 8.
S.D. Codified Laws § 38-29-1 — SD Code / Title 38 / Chapter 29 / Section 38-29-1
Definitions
Status: in_force

Terms used in this chapter, unless the context plainly otherwise requires, mean:

(1) "Council," the South Dakota Soybean Research and Promotion Council;

(2) "First purchaser," any person who initially places soybeans, whether as an owner or agent, into the channels of trade and commerce, or who is engaged in the processing of soybeans into any form. However, a grower who sells unharvested soybeans, or delivers soybeans from the farm on which they are produced to storage facilities, packing shed, or processing plant, within the state, is not a first purchaser;

(3) "Grower," any person who plants, raises, and harvests soybeans from more than ten acres;

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

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

(6) "Soybean," all varieties of soybeans marketed or harvested within the state;

(7) "Net market price," the sale price received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors.

Source: SL 1984, ch 267, § 1; SL 1985, ch 314, § 8; SL 2007, ch 229, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-8 — SD Code / Title 38 / Chapter 22 / Section 38-22-8
Cooperation with other state agencies--Functions of experiment station and extension service
Status: in_force

The South Dakota Weed and Pest Control Commission and the Department of Agriculture and Natural Resources shall at all times work in close cooperation with all state agencies, and particularly, they shall cooperate with the South Dakota State University agricultural experiment station in matters of research and their research shall be carried on by the experiment station; they shall cooperate with the South Dakota State University Agricultural Extension Service in matters of education and publicity and the extension service shall handle all matters of education and publicity.

Source: SL 1945, ch 349, § 5; SDC Supp 1960, § 62.0305; SL 1983, ch 282, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-7-12 — SD Code / Title 38 / Chapter 7 / Section 38-7-12
Employment of personnel by division--Legal services
Status: in_force

The Division of Resource Conservation and Forestry may employ such agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. The division may call upon the attorney general of the state for such legal services as it may require.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1505; SL 1959, ch 3, § 2.
S.D. Codified Laws § 38-17-6 — SD Code / Title 38 / Chapter 17 / Section 38-17-6
Seed lien affidavit on behalf of nonresident
Status: in_force

If the person furnishing any crop seed pursuant to §§ 38-17-3 to 38-17-9 , inclusive, is not a resident of this state, the affidavit required by § 38-17-5 may be made by the person's attorney or agent who is a resident of this state. The affidavit shall indicate the nonresidence of the person, and also the fact of the residence of the attorney or agent.

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, § 6.
S.D. Codified Laws § 38-8-91 — SD Code / Title 38 / Chapter 8 / Section 38-8-91
Frequency of petitions for dissolution of district
Status: in_force

The State Conservation Commission shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this chapter, more often than once in three years.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6.
S.D. Codified Laws § 38-8A-18 — SD Code / Title 38 / Chapter 8A / Section 38-8A-18
Violation of adopted standards by land-disturbing activities--Control plan required--District approval--Implementation of plan
Status: in_force

Upon the determination by the conservation district, pursuant to § 38-8A-20 , that a land - disturbing activity is violating adopted standards, the land disturber shall be required to prepare an erosion and sediment control plan within six months, and have the plan approved by the local conservation district. Upon approval of the plan by the conservation district, the land disturber shall be allowed six months to implement the plan.

Source: SL 1976, ch 242, § 15; SL 1997, ch 226, § 6.
S.D. Codified Laws § 38-1-13 — SD Code / Title 38 / Chapter 1 / Section 38-1-13
Terms of office of executives and employees--Discharge--Salaries
Status: in_force

The terms of office or employment of executives, directors, inspectors, and other employees appointed or employed pursuant to § 38-1-11 or 38-1-12 shall be as prescribed by the secretary of agriculture and natural resources, and any of them may be discharged at any time without cause upon recommendation of the secretary and the approval of the Governor. Their salaries shall be as prescribed by law or, in the absence of such prescription, then as fixed by the secretary and approved by the Governor and subject to regulations of the Bureau of Human Resources and Administration.

Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch III, art II, § 3; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2012, ch 23, § 98; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 38-22-38 — SD Code / Title 38 / Chapter 22 / Section 38-22-38
Expenditure of weed and pest control funds
Status: in_force

The commission may expend weed and pest control funds through grants or contracts to weed and pest control boards, governmental agencies, or other entities it considers appropriate for weed and pest control projects for the following:

(1) Employment of a new and innovative weed and pest control project or the development, implementation, or demonstration of any weed and pest control project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. Such expenditures shall be on a cost - share basis with such organizations;

(2) Weed and pest control cost - share programs with county weed and pest boards;

(3) Special grants to county weed and pest control boards to eradicate or contain significant weeds or pests newly introduced into the county. These grants may be issued without matching funds from the board;

(4) Assist county weed and pest boards in purchasing pesticides and application equipment and hiring labor necessary to protect against expansion of noxious weeds and declared pests;

(5) Support multi - county weed and pest control and eradication efforts;

(6) Promote landowner responsibility to control noxious weeds and pests in South Dakota;

(7) Support educational and research efforts to find new and better ways of controlling noxious weeds and pests.

A project is eligible to receive funds only if the county in which the project occurs has funded its own weed and pest program. The commission may also expend funds to pay for the costs of administering the weed and pest control fund not to exceed three percent of the allowable expenditure for each fiscal year and for administrative expenses incurred by the commission.

Source: SL 1989, ch 345, § 7; SL 1996, ch 246, § 2.
S.D. Codified Laws § 38-10-9 — SD Code / Title 38 / Chapter 10 / Section 38-10-9
Ex officio members of wheat commission--No vote
Status: in_force

Ex officio members of the wheat commission shall be the South Dakota secretary of agriculture and natural resources, the dean of agriculture of the South Dakota State University, and the president of the South Dakota Crop Improvement Association, such ex officio members not having a vote on the commission.

Source: SL 1961, ch 11, § 4 (2) (e); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-29-9.1 — SD Code / Title 38 / Chapter 29 / Section 38-29-9.1
Assessment conditioned on repeal of National Soybean Promotion, Research, and Consumer Information Act
Status: in_force

The assessment authorized pursuant to §§ 38-29-8 and 38-29-9 may be imposed and collected only if the National Soybean Promotion, Research, and Consumer Information Act, 7 U.S.C. §§ 6301-6311, as amended to January 1, 2007, is repealed.

Source: SL 2007, ch 229, § 6.
S.D. Codified Laws § 38-12A-24 — SD Code / Title 38 / Chapter 12A / Section 38-12A-24
Referring of complaint to arbitration committee--Discontinuation of investigation
Status: in_force

The secretary shall refer the complaint and the answer to the arbitration committee for investigation, findings, and recommendation on the matters complained of. Upon receipt of same, the secretary shall transmit the findings and recommendation of the arbitration committee to the consumer and to the seedsman, seed producer, or seed dealer by United States registered mail. The investigation of the committee may be discontinued at any time if the consumer and the seedsman, seed producer, or seed dealer satisfy the complaint and the consumer requests that it be withdrawn.

Source: SL 1988, ch 314, § 23.
S.D. Codified Laws § 38-8-90.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-90.1
Governing board resolution for dissolution of district--Vote at general election
Status: in_force

In lieu of the petition process authorized in § 38-8-90 , a conservation district governing board may propose and adopt a resolution calling for the dissolution of the district and present it to the people for a vote at the next general election under the requirements of § 38-8-39 .

Source: SL 2019, ch 179, § 2.
S.D. Codified Laws § 38-24B-26 — SD Code / Title 38 / Chapter 24B / Section 38-24B-26
Shipments of stock received from foreign country--Notice--Quarantine
Status: in_force

Any person receiving, directly or indirectly, any shipment of nursery stock from any foreign country shall notify the Department of Agriculture and Natural Resources of the arrival of such shipment, the contents thereof, and the name of the consignor and shall hold the shipment unopened until inspected or released by the department. The nursery stock may be required to be grown under the provision of a post - entry quarantine agreement as determined by the department. If any infested or infected stock is discovered in the shipment, the shipment is subject to the provisions of this chapter.

Source: SL 1985, ch 313, § 26; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-20A-39 — SD Code / Title 38 / Chapter 20A / Section 38-20A-39
Inspection and sampling--Access to premises and records--Identification and examination of samples
Status: in_force

The secretary may inspect and sample pesticides and devices kept or offered for sale, sold, or distributed within this state at the time and place and to the extent necessary to confirm compliance with the provisions of this chapter. The secretary has all the rights of visitation, inspection, sampling, and access to places, property, containers, and records as necessary to enforce the provisions of this chapter. All samples collected shall be sealed and properly identified in the presence of the dealer or person from whom taken and shall be promptly examined.

Source: SL 1949, ch 86; SDC Supp 1960, § 22.12A06 (2); SDCL, § 39-19-39; SL 1983, ch 281, § 32; SL 2020, ch 173, § 24.
S.D. Codified Laws § 38-20A-18.1 — SD Code / Title 38 / Chapter 20A / Section 38-20A-18.1
Misbranded device
Status: in_force

A device is misbranded if its labeling bears any statement, design, or graphic representation relative to the device which is false or misleading.

Source: SL 1983, ch 281, § 20; SL 2020, ch 173, § 12.
S.D. Codified Laws § 38-8-8 — SD Code / Title 38 / Chapter 8 / Section 38-8-8
Timing of referendum on creation of district
Status: in_force

The elections held under § 38-8-7 shall be conducted at the next general election within the county or counties comprising the territory of the proposed conservation district.

Source: SL 1959, ch 3, § 7; SDC Supp 1960, § 4.1507-1; SL 1994, ch 316, § 4.
S.D. Codified Laws § 38-8-97 — SD Code / Title 38 / Chapter 8 / Section 38-8-97
Termination of district affairs on determination by state commission--Disposition of district property
Status: in_force

Upon receipt from the State Conservation Commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this chapter, the supervisors shall terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and after all debts and obligations have been satisfied shall pay over the proceeds of such sale to the state conservation commission grant fund.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6; SL 1994, ch 316, § 32.
S.D. Codified Laws § 38-1-46 — SD Code / Title 38 / Chapter 1 / Section 38-1-46
Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking
Status: in_force

If either party requests the secretary of agriculture and natural resources to provide for the collection of samples under § 38-1-45 , or to participate in or conduct any other aspect of the sampling or analysis process, the secretary shall designate an employee or enter into an agreement with a person or entity to implement the specified activity as provided in rules under § 38-1-49 . The person or entity may be, but is not required to be, an employee or agency of the State of South Dakota. The patent holder shall pay the fee charged by the department under rules promulgated pursuant to § 38-1-49 . The farmer and the person holding the patent may each be present at any collection of samples conducted under §§ 38-1-44 to 38-1-50 , inclusive, and each shall be notified of the time and location of the sample taking in a timely manner.

Source: SL 2002, ch 188, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-1.1 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.1
Administration of commission under department supervision--Independent functions retained by commission
Status: in_force

The South Dakota Weed and Pest Control Commission shall be administered under the direction and supervision of the department and the secretary of agriculture and natural resources. The commission retains the quasi - judicial, quasi - legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1 ) otherwise vested in it and may exercise those functions independently of the secretary.

Source: SL 1973, ch 2, § 193; SL 1983, ch 282, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-17-19 — SD Code / Title 38 / Chapter 17 / Section 38-17-19
Foreclosure of crop liens
Status: in_force

Any person having a lien under the provisions of §§ 38-17-3 to 38-17-18 , inclusive, may foreclose the same under the provisions of chapter 57A-9 .

Source: SL 1887, ch 150, § 5; CL 1887, § 5494; SL 1889, ch 88, § 5; RCCivP 1903, §§ 735, 741; RC 1919, §§ 1681, 1687; SDC 1939, §§ 39.1207, 39.1305; SL 2025, ch 166, § 5, eff. Jan. 1. 2027; SL 2026, ch 165, §§ 5, 6, eff. July 1, 2027.Any person having a lien under the provisions of §§ 38-17-3 to 38-17-18 , inclusive, may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54 , subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53 .

Source: SL 1887, ch 150, § 5; CL 1887, § 5494; SL 1889, ch 88, § 5; RCCivP 1903, §§ 735, 741; RC 1919, §§ 1681, 1687; SDC 1939, §§ 39.1207, 39.1305.
S.D. Codified Laws § 38-22-17 — SD Code / Title 38 / Chapter 22 / Section 38-22-17
Notice to owner of infested land--Service--Contents
Status: in_force

No operations to rid lands of infestation may be undertaken pursuant to § 38-22-16 until notice of the declaration that such infested land constitutes a nuisance has been given to the owner. Notice shall be given by personal service upon the owner, if a resident of this state, a copy of the declaration filed in the office of the county auditor, in the manner that summons in civil actions are served, or by personal service upon the person in actual possession of the premises, together with a copy of the declaration provided for in § 38-22-16 , that unless the owner complies with the orders of the secretary of agriculture and natural resources within such time as the declaration states, which may be not less than three days nor more than fifteen days from the date of service, as specified in the notice, that protective operations shall be performed by the secretary and, if the owner does not pay the costs of such operations prior to the first day of November in the year in which the operations are performed, the cost shall become a lien against the lands of the owner.

Source: SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 18; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-31 — SD Code / Title 38 / Chapter 22 / Section 38-22-31
Prosecutions under drug laws not precluded
Status: in_force

The penalties provided in this chapter are not intended, nor may they be used, to prevent prosecution for the violation of any of the provisions of chapter 34-20B or chapter 39-15 .

Source: SL 1970, ch 225, § 4; SL 1983, ch 282, § 47.
S.D. Codified Laws § 38-35-18 — SD Code / Title 38 / Chapter 35 / Section 38-35-18
Rules of United States Department of Agriculture
Status: in_force

Each applicant, licensee, key participant, and transporter of industrial hemp, other than industrial hemp product, shall abide by any rules set forth by the United States Department of Agriculture and the United States Department of Agriculture-approved state hemp production plan.

Source: SL 2020, ch 176, § 18, eff. Mar. 27, 2020; SL 2022, ch 155, § 16, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-10-27 — SD Code / Title 38 / Chapter 10 / Section 38-10-27
Quarterly reports by wheat purchasers--Payment of fee
Status: in_force

The purchaser shall render and have on file a report with the commission by the thirtieth day following the end of each calendar quarter. The report shall be on forms provided by the commission and shall display the number of bushels of wheat purchased in the preceding quarter and the amount of fee being remitted. If no wheat was purchased, that information shall be so listed on the report.

Source: SL 1961, ch 11, § 15 (2); SL 1979, ch 264, § 2; SL 1990, ch 318, § 3.
S.D. Codified Laws § 38-17-5 — SD Code / Title 38 / Chapter 17 / Section 38-17-5
Filing of seed lien affidavit with register of deeds
Status: in_force

Any person entitled to a lien pursuant to § 38-17-3 shall provide a written account stating the kind, quantity, and value of the seed, the name of the person who furnished the seed, and a description of the land on which the seed has been or is to be planted or sown, and after making oath to the correctness of the account, shall file the same in the office of the register of deeds of the county in which the crop is to be planted.

Source: SL 1887, ch 150, § 3; CL 1887, § 5492; RCCivP 1903, § 733; RC 1919, § 1679; SDC 1939, § 39.1202; SL 2018, ch 241, § 5.
S.D. Codified Laws § 38-20A-15 — SD Code / Title 38 / Chapter 20A / Section 38-20A-15
Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions
Status: in_force

It is a Class 1 misdemeanor for any person to use for the person's own advantage, or to reveal any information relative to formulas of products acquired in accordance with §§ 38-20A-4 to 38-20A-13 , inclusive. Notwithstanding the provisions of § 38-20A-4 8, it is a Class 2 misdemeanor for any person to use or reveal information relative to formulas of products acquired in accordance with §§ 38-20A-4 to 38-20A-13 , inclusive, with the intent to defraud.

This section does not apply to information revealed to the secretary, or to any official or employee of this state, or to the courts of this state in response to a subpoena, or, in an emergency, to physicians, pharmacists, and other qualified persons for use in the preparation of antidotes.

Source: SL 1947, ch 99, §§ 4, 9; SDC Supp 1960, §§ 22.12A04 (2) (b), 22.9931; SDCL, § 39-19-15; SL 1977, ch 190, § 416; SL 1992, ch 158, § 100; SL 2020, ch 174, § 1.
S.D. Codified Laws § 38-8A-2 — SD Code / Title 38 / Chapter 8A / Section 38-8A-2
"Land-disturbing activity" defined
Status: in_force

The term, land - disturbing activity, as used in this chapter, means any clearing, tilling, grazing, grading, excavating, transporting, and filling of land, and the implementation of silviculture activities resulting in soil erosion from water or wind and the movement of sediments into any and all waters, public or private, on the surface of the ground, which are contained within, flow through or border lands in the state; or onto lands in the state. Land disturbing activities specifically regulated by other state agencies and that are subject to regulation under chapter 45-6B , chapter 34A-6 , or chapter 34A-13 , or which otherwise require plans for soil erosion and sediment damage control are exempt from the provisions of this chapter.

Source: SL 1976, ch 242, § 1 (4); SL 1997, ch 226, § 2.
S.D. Codified Laws § 38-1-15 — SD Code / Title 38 / Chapter 1 / Section 38-1-15
Secretary and executives devote entire time to office--Restrictions on holding of other office
Status: in_force

The secretary of agriculture and natural resources and all executive assistants and directors shall devote their entire time to the duties of the office and shall hold no other office or position of profit under the state government, but any of them may hold and administer any other office to which they may be appointed by the Governor, or head of their department with the consent of the Governor, but without additional compensation.

Source: SL 1925, ch 115, ch I, art I, § 5; SL 1931, ch 96, § 1; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-1-18 — SD Code / Title 38 / Chapter 1 / Section 38-1-18
Promotion of agricultural interests--Experimental and extension work--Marketing of farm products
Status: in_force

The Department of Agriculture and Natural Resources shall have power to encourage, protect, and promote, in every practical manner, the interests of agriculture, including horticulture, the livestock industry, dairying, cheese making, poultry, beekeeping, forestry, game and fish, the production of wool and all other allied industries; to promote methods of conducting these several industries, with a view of increasing the production and facilitating the distribution thereof at the least possible cost; cooperate with the South Dakota State University in its experimental and extension work; and to promote and encourage a system of marketing farm products, and cooperate with the federal government in the matter of securing new foreign markets for surplus farm products.

Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (1); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-1 — SD Code / Title 38 / Chapter 8A / Section 38-8A-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Commission," the State Conservation Commission established by § 38-7-3 ;

(2) "Conservation standards" or "standards," soil loss tolerance limits as developed pursuant to this chapter;

(3) "Districts," conservation districts established pursuant to chapter 38-8 ;

(4) "Person," a person as that term is defined by § 2-14-2 and also any public agency or political subdivision of this state, any interstate body, or any other legal entity;

(5) "Guidelines," recommendations of the commission to the conservation districts not possessing the force or effect of rules or statute;

(6) "Permit-issuing authority," a municipality or other political subdivision normally responsible for granting or issuing zoning, subdivision, building, or drainage permits;

(7) "Silviculture," the science and art of managing forest resources for the timber, protection, recreation, wildlife, water, and aesthetic purposes.

Source: SL 1976, ch 242, § 1; SL 1997, ch 226, § 1.
S.D. Codified Laws § 38-1-47 — SD Code / Title 38 / Chapter 1 / Section 38-1-47
Patent holder may seek protection order--Limitations
Status: in_force

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

Source: SL 2002, ch 188, § 4.
S.D. Codified Laws § 38-24B-3 — SD Code / Title 38 / Chapter 24B / Section 38-24B-3
Pests as public nuisances--Permitting existence of pests prohibited--Distributing infested plant products prohibited--Violation as misdemeanor
Status: in_force

A pest is declared to be a public nuisance. No person may knowingly permit pests to exist in or on his premises. No person may sell, offer for sale, or distribute any nursery stock, decorative plants, annual plants, sod, or related plant products infested with a pest. A violation of this section is a Class 1 misdemeanor.

Source: SL 1985, ch 313, § 3; SL 1986, ch 335, § 3.
S.D. Codified Laws § 38-1-30 — SD Code / Title 38 / Chapter 1 / Section 38-1-30
Cooperation with commissioner of school and public lands in forest protection
Status: in_force

The Department of Agriculture and Natural Resources shall have power to cooperate with the commissioner of school and public lands in protecting the forests of the State of South Dakota, and particularly in the matter of guarding against and preventing the devastation or destruction thereof by any insects, pests, or fires.

Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (6); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-38 — SD Code / Title 38 / Chapter 19 / Section 38-19-38
Stop-sale orders against fertilizer in violation
Status: in_force

It shall be the duty of the secretary of agriculture and natural resources to issue and enforce written or printed "stop - sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the secretary finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter or any regulation issued hereunder, until the law has been complied with and said commercial fertilizer is released in writing by the secretary or said violation has been otherwise legally disposed of by written authority.

Source: SL 1949, ch 85, § 14; SDC Supp 1960, § 22.1714; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-21 — SD Code / Title 38 / Chapter 8A / Section 38-8A-21
Injunctive or other relief to enforce chapter
Status: in_force

Either a permit - issuing authority, or a district may, upon petition or its own volition, in the enforcement of its orders, commence an action in circuit court for an injunction or other appropriate relief to enforce the provisions of this chapter.

Source: SL 1937, ch 19, § 10; SDC 1939, § 4.1512; SDCL, § 38-8-84; SL 1976, ch 242, § 18.
S.D. Codified Laws § 38-34-3 — SD Code / Title 38 / Chapter 34 / Section 38-34-3
Terms of members--Subsequent election of council members--Qualification--Vacancy
Status: in_force

The term of the members of the council is three years. However, the initial appointments shall be for staggered terms. Succeeding council members shall be nominated by participating growers and appointed by the secretary of agriculture and natural resources. No council member may serve more than four consecutive terms. If a member ceases to be a participating grower, the secretary shall declare the member's office vacant, and the secretary shall appoint a successor for the balance of the term of the office vacated.

Source: SL 2005, ch 214, § 3; SL 2013, ch 195, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-32-8 — SD Code / Title 38 / Chapter 32 / Section 38-32-8
Administration of subsequent election--Election judges--Ballot security--Certification
Status: in_force

After election of the initial directors, the council shall administer subsequent elections for directors of the council with the assistance of the secretary. The council shall appoint in each county of the district a committee of three persons to serve as election judges. If the council is unable to appoint a full committee of election judges, the secretary shall appoint the judges. One of the election judges shall be the South Dakota State University Cooperative Extension Service agent, or acting agent, for the county, if available. The election judges shall be responsible for ballot security and count and shall deliver the ballots, the election results and a completed certification of election form to the council office or a designated representative. The election judges shall also be responsible for certifying that all who vote are eligible voters according to § 38-32-3.3 .

The council shall canvass the results of the election within fifteen days after certification and shall declare elected the person receiving the highest number of votes for each office. The council shall provide a certificate of election to each person declared elected.

Source: SL 1988, ch 318, § 8; SL 1991, ch 328, § 9.
S.D. Codified Laws § 38-7-16 — SD Code / Title 38 / Chapter 7 / Section 38-7-16
Interchange of information between districts and division
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 keep the supervisors of each of the several districts organized under the provisions of chapter 38-8 informed of the activities and experience of all other districts organized thereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1506 (2).
S.D. Codified Laws § 38-22-17.1 — SD Code / Title 38 / Chapter 22 / Section 38-22-17.1
Noncompliance with orders as misdemeanor
Status: in_force

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

Source: SL 1970, ch 225, § 3; SL 1977, ch 190, § 333; SL 1983, ch 282, § 19; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-7-25 — SD Code / Title 38 / Chapter 7 / Section 38-7-25
Coordinated natural resources conservation fund created--Purposes
Status: in_force

There is hereby created a special fund known as the coordinated natural resources conservation fund. All money in the coordinated natural resources conservation fund is dedicated for the purposes identified in the South Dakota coordinated natural resources plan. Interest earned on money in the fund shall be deposited in the fund.

Source: SL 1992, ch 100, § 5; SL 1994, ch 313, § 1; SL 2007, ch 227, § 1.
S.D. Codified Laws § 38-35-9 — SD Code / Title 38 / Chapter 35 / Section 38-35-9
Entrance by department--Consent--Fee--Inspection, confiscation, and disposal--Costs--Liability for destruction--Records
Status: in_force

The secretary may contract with the Department of Public Safety to conduct inspections and sampling of lots and any processor location. The department and the Department of Public Safety may enter on any land or other property where hemp is grown, produced, stored, or processed for the purpose of inspections, sample collection, testing, or investigation while enforcing this chapter. Any person who holds a license under this chapter is deemed to have given consent to the reasonable search and seizure of any hemp without a warrant to determine the lawful amount of total delta-9 tetrahydrocannabinol concentration and for enforcement of the provisions of this chapter.

The secretary shall assess a grower inspection fee per lot for grower licensees, a research inspection fee per lot for research licenses, and a processor inspection fee per location for processor licensees.

Any substance found to be in violation of this chapter is subject to confiscation and disposal at the direction of the Department of Public Safety. Any costs arising from the loss of crop, destruction, confiscation, or disposal are the responsibility of the grower, producer, processor, or owner of the substance. The state is not liable for any confiscation, seizure, disposal, or destruction of any substance carried out under this chapter. Any testing, inspection, and investigation results must be provided to the licensee. Notice of any violation must be provided to the licensee in writing. Inspection and investigation records are not open records pursuant to chapter 1-27 .

Source: SL 2020, ch 176, § 9, eff. Mar. 27, 2020; SL 2022, ch 155, § 9, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-24A-14 — SD Code / Title 38 / Chapter 24A / Section 38-24A-14
Inspection powers of secretary--Notice
Status: in_force

To effectuate the purposes of this chapter, the secretary of agriculture and natural resources may, with a search warrant or the consent of the owner, make reasonable inspection of any property in this state. The secretary may, without a search warrant, with or without the assistance of any law enforcement agency, stop and inspect, in a reasonable manner, any means of conveyance moving within this state upon probable cause to believe it contains or carries any pest, host, or other article subject to the provisions of this chapter, and may make any other reasonable inspection of any premises or means of conveyance for which no search warrant is required. The secretary may, if he believes that a pest exists, investigate the suspected premises after giving written notice. Such notice is considered given if it is given to the owner or person in charge of the premises by personal service at least one day before entry, or if it is mailed by certified mail addressed to the last known address of the owner at least five days before entry.

Source: SL 1971, ch 220, § 8; SL 1986, ch 334, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-17-10 — SD Code / Title 38 / Chapter 17 / Section 38-17-10
Lien of federal agency furnishing seed or money
Status: in_force

The United States of America or any agency or instrumentality thereof, including production credit associations organized under the Farm Credit Act of 1933, furnishing seed or loaning money for the purchase of seed, to any person within the State of South Dakota for the purpose of sowing or planting crops upon lands owned, used, occupied, rented, or contracted to be purchased by such person, shall have a lien from the time of filing the notice in the manner specified in § 38-17-11 upon the seed so furnished or purchased, and upon the crop or crops produced from such seed, to secure payment for the seed so furnished or repayment of the money so loaned.

Source: SL 1935, ch 143, § 1; SDC 1939, § 39.1204.
S.D. Codified Laws § 38-22-1.6 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.6
Nomination of appointive members of commission--Areas represented--Length of terms
Status: in_force

The five members of the South Dakota Weed and Pest Control Commission appointed by the Governor shall be selected from a list of nominees presented by the State Association of County Weed and Pest Boards, who shall submit at least three names for each appointment. One member from District I shall reside within the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, or Spink; one member from District II shall reside within the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, or Yankton; one member from District III shall reside within the counties of Bennett, Campbell, Corson, Dewey, Gregory, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, or Ziebach; and one member from District IV shall reside within the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, or Perkins; and one additional South Dakota resident shall be appointed by the Governor to serve as an at-large member of the commission selected from a list of names representing one individual from each district. The term of each member appointed pursuant to this section shall be for no more than two consecutive four-year terms with the exception of the initial appointments which shall be made as follows: District I for a one-year term, District II for a two-year term, District III for a three-year term, and District IV for a four-year term. As the term of any gubernatorial member expires, a new member shall be appointed from the district for a period of four years. If a vacancy occurs in any of the terms, the Governor may appoint a successor in the manner described in this section to complete the term.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 22; SL 2010, ch 199, § 2; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 38-21-21 — SD Code / Title 38 / Chapter 21 / Section 38-21-21
Licensure--Denial or non-issuance--Written explanation
Status: in_force

If any applicator's license is denied or not issued as applied for, the secretary shall inform the applicant in writing of the reasons for the denial or non-issuance.

Source: SL 1974, ch 255, § 9; SL 2020, ch 173, § 39.
S.D. Codified Laws § 38-10-20 — SD Code / Title 38 / Chapter 10 / Section 38-10-20
Rules and regulations adopted by commission
Status: in_force

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may promulgate rules pursuant to chapter 1-26 concerning:

(1) The procedures for obtaining a declaratory ruling;

(2) The procedures for fee collection for wheat sold either in - state or out - of - state;

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

(4) The procedures for collecting delinquent fees and assessing penalties.

Source: SL 1961, ch 11, § 9(4); SL 1986, ch 326, § 14.
S.D. Codified Laws § 38-18-1 — SD Code / Title 38 / Chapter 18 / Section 38-18-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Apiary," any place where one or more colonies of bees are kept;

(2) "Appliances," any apparatus, tools, machines, or other devices, used in the handling and manipulating of bees, honey, wax, and hives. The term includes containers of honey and wax which may be used in an apiary or in transporting bees and their products and apiary supplies;

(3) "Bees," any stage of the common honeybee, Apis mellifera L;

(4) "Bee equipment," hives, supers, frames, or any parts thereof;

(5) "Colony," the bees in any hive including queens, workers, and drones;

(6) "Hive," any frame hive, box hive, box, barrel, log gum, skep, or any other container, which may be used as a domicile for bees;

(7) "Honey house," any building, or rooms within a building, where honey is handled, extracted, bottled, stored, or processed;

(8) "Location," any quarter - section or smaller portion of land where apiaries may be kept;

(9) "Nucleus," any division or portion of a hive that contains comb;

(10) "Package," an indefinite number of bees, in a bee - tight container, with or without a queen, without comb;

(11) "Permanent permit," a bee location permit issued by the secretary effective for an indefinite period of time;

(12) "Pest," any animal, plant, insect, or infectious, transmissible, or contagious disease or other organism which is or may be dangerous to the apiary industry of the state;

(13) "Pollination," the use of bees for the transfer of pollen in the production of agricultural crops;

(14) "Regulated pest," American foulbrood (Bacilius larvae), honeybee tracheal mite (Acarapis woodi), varroa mite (Varros jacobsoni), Africanized honeybee (apis mellifera scutellata), or any other pest which the secretary considers dangerous to the apiary industry and which warrants control or eradication;

(15) "Temporary permit," a bee location permit issued by the secretary effective for a limited period of time;

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

Source: SL 1947, ch 6, § 1; SL 1959, ch 2, § 1; SDC Supp 1960, § 4.1101; SL 1961, ch 3; SL 1976, ch 243, § 1; SL 1986, ch 330, § 1; SL 1992, ch 280, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-35-1 — SD Code / Title 38 / Chapter 35 / Section 38-35-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Hemp" or "industrial hemp," the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;

(2) "Industrial hemp product," a finished manufactured product, or consumer product made from industrial hemp with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp. This term does not include a product containing any of the following chemically derived cannabinoids:

(a) Delta-8 tetrahydrocannabinol, also known as delta-8-THC;

(b) Delta-10 tetrahydrocannabinol, also known as delta-10-THC;

(c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O;

(d) Hexahydrocannabinol, also known as HHC; or

(e) Tetrahydrocannabiphoral, also known as THCP;

(3) "Licensed hemp producer," a person licensed by the United States Department of Agriculture or a tribal program to produce hemp, as provided in 7 C.F.R. §§ 990.20 to 990.32, inclusive (January 1, 2026), and any authorized employee or agent of the person;

(4) "Process," to render raw industrial hemp plants or plant parts from their natural or original state to an initial processed form;

(5) "Processor," an entity that converts raw hemp into an initial processed form;

(6) "Produce," to grow, germinate, dry, sort, grade, bale, grind, mill, pelletize, and harvest hemp plants in the field or in a greenhouse;

(7) "Product in process," the industrial hemp being processed at no higher than one percent total delta-9 tetrahydrocannabinol by a hemp processor or the transfer of that product between one or more licensed hemp processors during the processing of state or federally approved, lab-tested biomass from a licensed grower into a finished industrial hemp product;

(8) "Total delta-9 tetrahydrocannabinol," the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expresses the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis; and

(9) "Transporter," any person transporting, hauling, or delivering immature or mature hemp or product in process, but not industrial hemp product or sterilized seeds that are incapable of beginning germination.

Source: SL 2020, ch 176, § 1, eff. Mar. 27, 2020; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2022, ch 155, § 1, eff. Mar. 18, 2022; SL 2024, ch 129, § 3; SL 2024, ch 168, § 1; SL 2026, ch 167, § 1, eff. Jan. 1, 2027.Terms used in this chapter mean:

(1) "Applicant," a person, including the state or any agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, limited liability company, association, or trust; and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or limited liability company, applying for an industrial hemp grower license, processor license, or both;

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

(3) "Chemically derived cannabinoid," a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant. The term does not include:

(a) Cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst;

(b) Non-psychoactive cannabinoids; or

(c) Cannabinoids in a topical cream product;

(4) "Greenhouse," any indoor structure or enclosed building capable of continuous cultivation throughout the year, no less than two thousand eight hundred and eighty square feet, not part of a residential dwelling. Greenhouses may contain multiple lots that are separated and identified;

(5) "Hemp" or "industrial hemp," the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;

(6) "Key participant," a sole proprietor, a partner in a partnership, a principal executive officer for a government entity, or a person with executive managerial control in a corporation or limited liability company;

(7) "Industrial hemp product," a finished manufactured product, or consumer product made from industrial hemp with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp. This term does not include a product containing chemically derived cannabinoids, including:

(a) Delta-8 tetrahydrocannabinol, also known as delta-8-THC;

(b) Delta-10 tetrahydrocannabinol, also known as delta-10-THC;

(c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O;

(d) Hexahydrocannabinol, also known as HHC; or

(e) Tetrahydrocannabiphoral, also known as THCP;

(8) "Industrial hemp stalk bale," a bale that contains two main types of fiber, bast or long fiber found in the bark (skin) and hurd (shive), or short fiber located in the core of the stem, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent;

(9) "Lot," a contiguous area in a field or greenhouse containing the same variety or strain of hemp throughout the area. In addition, "lot" means the terms, "farm," "tract," "field," and "subfield" used by the United States Department of Agriculture Farm Service Agency to mean "lot";

(10) "Measurement of uncertainty," the parameter associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement;

(11) "Process" or "processing," to render raw industrial hemp plants or plant parts from their natural or original state to an initial processed form. Typical processing includes decortication, devitalization, crushing, or extraction;

(12) "Processor," a person that converts raw hemp into an initial processed form;

(13) "Produce" or "producing," to grow, germinate, dry, sort, grade, bale, grind, mill, pelletize, and harvest hemp plants in the field or in a greenhouse;

(14) "Product in process," the product being processed by a state licensed hemp processor or the transfer of that product at no higher than one percent total delta-9 tetrahydrocannabinol between one or more licensed hemp processors during the process of processing state or federally approved, lab-tested biomass from a licensed grower into a finished industrial hemp product;

(15) "Remediation," the process of rendering non-compliant cannabis compliant using methods accepted by the USDA;

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

(17) "Total delta-9 THC or total delta-9 tetrahydrocannabinol," the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expresses the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis; and

(18) "Transporter," any person transporting, hauling, or delivering immature or mature hemp or product in process, but not industrial hemp product or sterilized seeds that are incapable of beginning germination.

Source: SL 2020, ch 176, § 1, eff. Mar. 27, 2020; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2022, ch 155, § 1, eff. Mar. 18, 2022; SL 2024, ch 129, § 3; SL 2024, ch 168, § 1.
S.D. Codified Laws § 38-19-32 — SD Code / Title 38 / Chapter 19 / Section 38-19-32
Examination of samples and reports by director of laboratories
Status: in_force

It shall be the duty of the director of laboratories to examine all samples submitted under the provisions of this chapter and to report results promptly to the secretary of agriculture and natural resources.

Source: SL 1949, ch 85, § 7; SDC Supp 1960, § 22.1707 (2); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-17-2 — SD Code / Title 38 / Chapter 17 / Section 38-17-2
Reserved title to grain, seed, or crop not enforceable against innocent third party unless filed
Status: in_force

In the absence of filing pursuant to § 38-17-1 , the provision of any contract reserving title to the grain, seed, or crop produced from a crop growing or to be grown on any lands in this state do not apply to and may not be enforced against an innocent purchaser of the grain, seeds, or crop or against any innocent encumbrancer perfecting a security interest in the grain, seeds, or crop under the provisions of title 57A.

Source: SL 1931, ch 132; SDC 1939, § 39.0125; SL 1967, ch 152; SL 2018, ch 241, § 2.
S.D. Codified Laws § 38-24A-12 — SD Code / Title 38 / Chapter 24A / Section 38-24A-12
Seizure and treatment or disposal of infested articles--Notice to owner
Status: in_force

Whenever the secretary of agriculture and natural resources or his designated agent finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in this state, he may, upon giving notice to the owner or his representative in possession thereof, seize, quarantine, treat, or otherwise dispose of such pest, host, or article in such manner as the secretary or his designated agent considers necessary to suppress, control, prevent, or retard the spread of the pest. The secretary or his designated agent may order such owner or agent to so treat or otherwise dispose of the pest, host, or article before removing from the quarantined area. A notice or order is considered given if it is given by personal service to the owner or his representative, or a copy is sent to the owner by certified mail addressed to the last known address of the owner at least five days before the effective date of the notice or order.

Source: SL 1971, ch 220, § 6; SL 1986, ch 334, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-22.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-22.1
Governing board resolution for combination or division of districts--Vote at general election
Status: in_force

In lieu of the petition process authorized under § 38-8-22 , the conservation district governing boards of the affected districts may propose and adopt a resolution calling for the combining or dividing of districts and present it to the registered voters for a vote at the next general election under the requirements of § 38-8-39 .

Source: SL 2019, ch 179, § 1.
S.D. Codified Laws § 38-7-7 — SD Code / Title 38 / Chapter 7 / Section 38-7-7
Accommodations, supplies, and equipment for commission
Status: in_force

The State Conservation Commission shall be supplied with suitable accommodations at the seat of the state government, and shall be furnished with the necessary supplies and equipment.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1505; SL 1959, ch 3, § 2.
S.D. Codified Laws § 38-8-14 — SD Code / Title 38 / Chapter 8 / Section 38-8-14
Time for filing new petitions after denial of district
Status: in_force

After six months shall have expired from the date of entry of a determination by the State Conservation Commission that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to such determination, subsequent petitions may be filed as provided by § 38-8-1 , and action taken thereon in accordance with the provisions of this chapter.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (7).
S.D. Codified Laws § 38-19-1 — SD Code / Title 38 / Chapter 19 / Section 38-19-1
Definition of terms
Status: in_force

Terms, as used in this chapter, mean:

(1) "Available phosphoric acid," the sum of the water-soluble and the citrate-soluble phosphoric acid and reported as phosphorus pentoxide;

(2) "Brand," a term, design, or trademark used in connection with one or several grades of commercial fertilizer;

(3) "Bulk commercial fertilizer," any volume of a commercial fertilizer which is transported or held for resale in an immediate reusable container in undivided quantities greater than one hundred pounds net dry weight or fifty-five U.S. gallons liquid measure;

(4) "Bulk commercial fertilizer storage facility," any area, location, tract of land, building, structure, or premises constructed in accordance with rules promulgated by the secretary for the storage of bulk commercial fertilizer;

(5) "Commercial fertilizer," any substance, including manipulated manure, containing any recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, lime sludge, sewage sludge, wood ashes, gypsum, compost, and other products excluded by rule;

(5A) "Compost," a group of organic residues or a mixture of organic residues and soil that have been piled, moistened, and allowed to undergo aerobic biological decomposition;

(6) "Distribute," to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, or otherwise supply commercial fertilizer in this state;

(7) "Distributor," any person who distributes commercial fertilizer in this state;

(8) "Fertilizer material," a commercial fertilizer which either:

(a) Contains important quantities of no more than one of the primary plant nutrients: nitrogen, phosphoric acid, and potash;

(b) Has approximately eighty-five percent of its plant nutrient content present in the form of a single chemical compound; or

(c) Is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration;

(9) "Grade," the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. However, speciality fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphoric acid, and soluble potash. Fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units;

(10) "Investigational allowance," allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer;

(11) "Label," a display of written, printed, or graphic matter on or attached to the immediate container of any article and the outside container or wrapper of the retail package, or a statement or document accompanying a commercial fertilizer;

(12) "Labeling," all written, printed, or graphic matter, upon or accompanying any commercial fertilizer or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizer;

(13) "Licensee," any person who receives a license to distribute a commercial fertilizer under the provisions of this chapter;

(13A) "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;

(14) "Metric ton," a net weight of one thousand kilograms;

(15) "Mixed fertilizer," a commercial fertilizer containing any combination or mixture of fertilizer materials;

(16) "Nitrogen," the element of nitrogen;

(17) "Official sample," any sample of commercial fertilizer taken by the secretary of agriculture and natural resources or department agent according to methods prescribed by this chapter;

(18) "Percent" or "percentage," the percentage by weight;

(19) "Primary nutrients," nitrogen, available phosphoric acid, and soluble potash;

(20) "Recognized plant nutrients," primary nutrients, secondary nutrients, and micro nutrients;

(21) Deleted by SL 2001, ch 215, § 7;

(22) "Secondary and micro nutrients," those nutrients other than primary nutrients that are essential for the normal growth of plants and that may need to be added to the growth medium. Secondary plant nutrients include calcium, magnesium, and sulfur; micro plant nutrients include boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc;

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

(24) "Sell:"

(a) The act of selling, transferring ownership;

(b) The offering and exposing for sale, exchange, or distribution;

(c) Giving away; or

(d) Receiving, accepting, holding or possession for sale, exchange, or distribution;

(25) "Sewage sludge," "sludge," "biosolids," any solid, semisolid, or liquid residue removed during the treatment of municipal or domestic sewage by publicly-owned treatment works regulated under 40 CFR Part 503, as amended to January 1, 1995, and the Clean Water Act as amended to January 1, 1995;

(26) "Soluble potash," that portion of the potash contained in fertilizers or fertilizer materials which is soluble in an aqueous ammoniacal solution of 0.8% ammonium oxalate, after boiling in a 1.14% solution of ammonium oxalate and reported as potassium oxide;

(27) "Ton," a net weight of two thousand pounds avoirdupois.

Source: SL 1949, ch 85, § 2; SDC Supp 1960, § 22.1702; SL 1966, ch 66, §§ 1, 2; SL 1982, ch 281, § 1; SL 1986, ch 331, §§ 1, 2; SL 1988, ch 315, § 2; SL 1995, ch 324, §§ 1 to 3; SL 2001, ch 215, § 7; SL 2015, ch 203, § 13; SL 2016, ch 200, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-10-5 — SD Code / Title 38 / Chapter 10 / Section 38-10-5
Supervision of executive director
Status: in_force

With the exception of the ex officio members, the Governor shall appoint a commission to be known as the South Dakota Wheat Utilization, Research and Market Development Commission. The commission may appoint, advise, direct, and supervise an executive director of the Wheat Utilization, Research and Market Development Commission.

Source: SL 1961, ch 11, § 4 (1); SL 1973, ch 2, § 134; SL 1993, ch 302, § 5; SL 2013, ch 193, § 1.
S.D. Codified Laws § 38-32-9.1 — SD Code / Title 38 / Chapter 32 / Section 38-32-9.1
Assignment of directors during transition
Status: in_force

Within sixty days of July 1, 2010, the council shall assign or reassign one director to each of the nine districts on the basis of residency and equity. Any director not so assigned or reassigned shall serve at large until the expiration of that director's term. During the transition interval, the council may, notwithstanding the provisions of § 38-32-2 , exceed nine directors.

Source: SL 2010, ch 202, § 7.
S.D. Codified Laws § 38-32-6.1 — SD Code / Title 38 / Chapter 32 / Section 38-32-6.1
Notice of pending expiration of term--Time--Required information
Status: in_force

The council shall publish at least once, in at least one newspaper of general circulation in each council district in which a director is to be elected, a notice of the pending expiration of the director's term. The notice shall be published at least twenty - one days, but no more than forty days, before the deadline for filing nominating petitions. The notice shall specify how nominating petition forms may be obtained, the time and place for filing nominating petitions and the time and place of the election.

Source: SL 1991, ch 328, § 3.
S.D. Codified Laws § 38-20A-13 — SD Code / Title 38 / Chapter 20A / Section 38-20A-13
Cancellation of registration--Hearing--Grounds
Status: in_force

The secretary may cancel the registration of a pesticide, subject to a hearing under the provisions of chapter 1-26 , if the secretary determines that the registered pesticide or its labeling:

(1) Does not comply with the provisions of this chapter or rules promulgated under this chapter; or

(2) Is adulterated or misbranded.

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (4); SDCL, § 39-19-13; SL 1983, ch 281, § 8; SL 2020, ch 173, § 9; SL 2026, ch 166, § 1.
S.D. Codified Laws § 38-11-8 — SD Code / Title 38 / Chapter 11 / Section 38-11-8
Rules, regulations, and orders for execution of powers
Status: in_force

The State Seed Certification Board is hereby authorized to make orders for the execution of the powers conferred upon it and the performance of its duties, so as to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. The board may likewise amend or repeal all such orders.

Source: SL 1947, ch 18, § 3; SDC Supp 1960, § 4.10B03 (2) (a); SL 1986, ch 326, § 16.
S.D. Codified Laws § 38-20-32 — SD Code / Title 38 / Chapter 20 / Section 38-20-32
Acceptance of contributions for grasshopper control--Agreement with federal government
Status: in_force

The secretary of agriculture and natural resources is hereby authorized to accept and receive donations and contributions of money from any source for the purpose of establishing a fund to be matched with available federal funds and to be used for the purpose of grasshopper eradication and controlling grasshopper infestation and for the purpose may enter into all necessary agreements with the United States of America on behalf of the State of South Dakota.

Source: SL 1951, ch 3, § 1; SDC Supp 1960, § 4.0104-1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-17-8 — SD Code / Title 38 / Chapter 17 / Section 38-17-8
Priority of seed liens
Status: in_force

Any lien under the provisions of §§ 38-17-3 to 38-17-7 , inclusive, if filed within thirty days after the crop seed is furnished, has preference in the order of the filing. The lien has priority over all other liens and encumbrances on the crop, except threshers' liens.

Source: SL 1887, ch 150, § 2; CL 1887, § 5491; RCCivP 1903, § 732; RC 1919, § 1678; SDC 1939, § 39.1203; SL 2018, ch 241, § 8.
S.D. Codified Laws § 38-27-8.1 — SD Code / Title 38 / Chapter 27 / Section 38-27-8.1
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 sunflowers, safflowers, canola, or flax grown or 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; and

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

Source: SL 1986, ch 326, § 58; SL 1989, ch 346, § 8.
S.D. Codified Laws § 38-7-27 — SD Code / Title 38 / Chapter 7 / Section 38-7-27
Coordinated natural resources conservation program established--Promulgation of rules
Status: in_force

The coordinated natural resources conservation program is hereby established. Under this program, the State Conservation Commission may grant funds from the coordinated natural resources conservation fund. The Conservation Commission shall promulgate rules pursuant to chapter 1-26 for administration, terms, and conditions for the disbursement of grants to conservation districts and to establish criteria for the selection of projects to receive grants through the coordinated natural resources conservation program.

Source: SL 1992, ch 100, § 7; SL 1994, ch 313, § 4; SL 2007, ch 227, § 3.
S.D. Codified Laws § 38-19-16.1 — SD Code / Title 38 / Chapter 19 / Section 38-19-16.1
Labeling requirements applied to sewage sludge distributor--Availability of analyses
Status: in_force

Any distributor of sewage sludge, as defined in § 38-19-1 , shall comply with provisions of § 38-19-1 5 or 38-19-1 6, whichever is applicable. Any distributor shall make available, upon request, any analyses or information about the sewage sludge to the Department of Agriculture and Natural Resources and the end user of the product.

Source: SL 1995, ch 324, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-20 — SD Code / Title 38 / Chapter 8 / Section 38-8-20
Inclusion of additional territory by amendment of charter--Notice and hearing
Status: in_force

Supervisors of a conservation district are hereby authorized, to amend the district charter of organization, to include lands previously excluded from the district and lying within the district boundaries as hereinafter provided.

The conservation district supervisors shall give due notice, as determined by the supervisors, of the intent to include such lands within the district and said notice to include the time, date and place of a hearing upon the inclusion of such lands. Said notice shall be given not less than thirty days prior to the date set for said hearing. All persons attending the hearing shall have an opportunity to be heard on the proposition of including such lands within the district.

Source: SL 1964, ch 7.
S.D. Codified Laws § 38-17-14 — SD Code / Title 38 / Chapter 17 / Section 38-17-14
Agricultural processor’s lien--Applicability
Status: in_force

Any person owning or leasing and operating farm machinery to process a crop has a lien from the date of operation on all grain threshed or combined; corn shelled, husked or shredded; silage cut; seeds hulled; or agricultural products baled, mowed, ground, raked, or pulverized by the person for the value of the services.

Source: SL 1889, ch 88, § 1; SL 1901, ch 174, § 1; RCCivP 1903, § 737; RC 1919, § 1683; SL 1921, ch 281, § 1; SL 1931, ch 175, § 1; SDC 1939, § 39.1301; SL 1957, ch 199; SL 2018, ch 241, § 13; SL 2025, ch 166, § 1, eff. Jan. 1, 2027; SL 2026, ch 165, §§ 1, 6, eff. July 1, 2027.Any person owning and operating farm machinery has a lien from the date of operation on all grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed, ground, raked, or pulverized by the person with the machine for the value of the services so rendered in operation.

Source: SL 1889, ch 88, § 1; SL 1901, ch 174, § 1; RCCivP 1903, § 737; RC 1919, § 1683; SL 1921, ch 281, § 1; SL 1931, ch 175, § 1; SDC 1939, § 39.1301; SL 1957, ch 199; SL 2018, ch 241, § 13.
S.D. Codified Laws § 38-22-22 — SD Code / Title 38 / Chapter 22 / Section 38-22-22
Responsibility for cost of operations on publicly owned land
Status: in_force

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

Source: SL 1943, ch 312, § 6; SL 1945, ch 349, § 7; SDC Supp 1960, § 62.0307; SL 1983, ch 282, § 24.
S.D. Codified Laws § 38-10-4 — SD Code / Title 38 / Chapter 10 / Section 38-10-4
Qualifications of appointive members of commission
Status: in_force

The wheat 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 growing wheat in this state for a period of at least five years;

(4) Derive a substantial portion of their income from growing wheat; and

(5) Are participating growers.

Source: SL 1961, ch 11, § 4 (2); SL 1993, ch 302, § 4.
S.D. Codified Laws § 38-21-17.1 — SD Code / Title 38 / Chapter 21 / Section 38-21-17.1
Commercial applicator's license--Expiration
Status: in_force

A commercial applicator's license expires on March thirty-first of the second year following the year of issuance, unless the license is revoked before the expiration, by the secretary, as provided for in § 38-21-44 .

Source: SL 2020, ch 175, § 4; SL 2023, ch 145, § 2.
S.D. Codified Laws § 38-7-30 — SD Code / Title 38 / Chapter 7 / Section 38-7-30
Natural resources conservation award--Sign--Promulgation of rules
Status: in_force

Each recipient shall receive a sign displaying the words "South Dakota Natural Resources Conservation Award" and "Award Winning Soil Conservation Farm," and the year of the award. The commission shall promulgate rules, pursuant to chapter 1-26 , governing the natural resources conservation award program. The rules must include:

(1) Criteria for selecting award recipients in accordance with the requirements of § 38-7-29 and this section, which must include efforts to maintain grass waterways and eliminate the cultivation of waterways; terracing; crop rotation; leaving crop residue after harvesting; and utilizing no-till farming;

(2) Procedures for nominating and selecting award recipients;

(3) Procedures to publicize and raise awareness of the need for natural resources conservation practices, as outlined in subdivision (1) of this section; and

(4) Other procedures necessary for the administration of the award program.

Source: SL 2008, ch 207, § 2; SL 2024, ch 166, § 11.
S.D. Codified Laws § 38-32-3.1 — SD Code / Title 38 / Chapter 32 / Section 38-32-3.1
Election procedure when director's term is to expire--Polling location--No election if only one nominee
Status: in_force

An election shall be held in each district in which a director's term is to expire. The election date and time shall be determined by the council but shall be between January first to February fifteenth, inclusive, closest to the pending vacancy's expiration date. The election shall be by official ballot, which shall be made available at the polling location. The council shall designate at least one polling location in each county within the district. The principal polling location in the county shall be at the county office of the Cooperative Extension Service of South Dakota State University, if available, or at a place specified by the council. If only one candidate is nominated in a district, no election is required in the district, and the council shall declare the nominee as elected and shall provide the nominee with a certificate of election pursuant to § 38-32-8 .

Source: SL 1991, ch 328, § 5.
S.D. Codified Laws § 38-12A-21 — SD Code / Title 38 / Chapter 12A / Section 38-12A-21
Right of consumer to submit claim to arbitration
Status: in_force

If any consumer is damaged by the failure of seed to produce or perform as represented by the label attached to the seed, or by warranty, or as a result of negligence, the consumer shall have the right to submit the claim to arbitration as provided in this chapter. The filing of a claim for arbitration is not a prerequisite to the consumer's right to maintain a legal action.

Source: SL 1988, ch 314, § 21.
S.D. Codified Laws § 38-10-41 — SD Code / Title 38 / Chapter 10 / Section 38-10-41
Commission may contract with Public Utilities Commission to inspect assessment and checkoff records
Status: in_force

The commission 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 commission shall reimburse the Public Utilities Commission for the inspections.

Source: SL 1996, ch 245, § 1; SL 2009, ch 196, § 1.
S.D. Codified Laws § 38-18-19 — SD Code / Title 38 / Chapter 18 / Section 38-18-19
Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary
Status: in_force

The secretary may place any apiaries, bees, bee equipment, bee products, honey houses, or appliances where regulated pests are found to exist under quarantine. The removal or handling of any quarantined bees, apiaries, bee equipment, honey houses, or appliances without the written permission of the secretary, is a Class 1 misdemeanor. A quarantine shall exist until the secretary determines the bee, apiary, bee equipment, honey house, or appliance is apparently free from the regulated pest. The secretary may quarantine additional premises he considers necessary.

Source: SL 1927, ch 62, § 2; SDC 1939, § 4.1103; SL 1947, ch 6, § 5; SDC Supp 1960, § 4.1105; SL 1976, ch 243, § 12; SL 1983, ch 280, § 3; SL 1986, ch 330, § 23.
S.D. Codified Laws § 38-18-25 — SD Code / Title 38 / Chapter 18 / Section 38-18-25
Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs
Status: in_force

Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees are found by the secretary to be infested by a regulated pest, the secretary may forthwith destroy the bees and bee equipment or may order treatment of the bees. Following seizure, the secretary shall serve notice upon the owner, if known, by certified mail, return receipt requested, and if the owner is unknown, publish in the county where the apiary is located, a notice of seizure. The notice shall describe the apiary, the original location of the apiary, and the date and time of a hearing, to be conducted pursuant to chapter 1-26 , at which any person may make claim to the apiary. If the apiary is not claimed, it is considered abandoned and the secretary may utilize or sell the bees and equipment. If the apiary is shown to be owned by a particular person, the secretary shall order the owner to comply with the provisions of this chapter or to remove the bees from the state within ten days. In addition the secretary shall, before releasing the apiary to the owner, assess against the owner of the bees the costs of seizure, treatment or destruction of the bees.

Source: SL 1947, ch 6, § 18; SDC Supp 1960, § 4.9908; SL 1983, ch 280, § 4; SL 1986, ch 330, § 29; SL 1989, ch 344, § 5; SL 1992, ch 280, § 10.
S.D. Codified Laws § 38-12A-20 — SD Code / Title 38 / Chapter 12A / Section 38-12A-20
Promulgation of rules by secretary
Status: in_force

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

(1) To provide application forms for seed permits;

(2) To provide for procedures for contested cases;

(3) To designate which weed seeds are prohibited or restricted;

(4) To establish standards for sampling, inspecting, analyzing, and testing seeds;

(5) To establish the tolerances to be used;

(6) To establish which kinds of seed have to be labeled as to variety, variety not stated, type or performance characteristics;

(7) To establish standards for allowable weed seed or restricted noxious weed seed;

(8) To establish the length of time for which a germination test shall be acceptable;

(9) To establish standards for percentage of germination and inert matter;

(10) To establish which seeds a farmer can produce and sell without a label;

(11) To establish which seeds are subject to specific labeling and germination requirements;

(12) To establish standards for enforcement of plant variety protection;

(13) To provide procedures for releasing seed from stop sales;

(14) To establish standards for imposing civil penalties;

(15) To establish standards for labels;

(16) To establish standards for size of file samples;

(17) To establish procedures and standards for the arbitration committee and the arbitration process;

(18) To establish standards for the sale, transportation, storage, planting, disposal, or other use of seed and for the posting of planted sites and notification of seed use.

Source: SL 1988, ch 314, § 20; SL 2005, ch 211, § 1.
S.D. Codified Laws § 38-8-46 — SD Code / Title 38 / Chapter 8 / Section 38-8-46
Compensation and expenses of supervisors
Status: in_force

A supervisor of a conservation district may receive compensation for his services and he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties.

Source: SL 1937, ch 19, § 7; SDC 1939, § 4.1509; SL 1947, ch 12; SL 1953, ch 7, § 2; SDC Supp 1960, § 4.1509 (2); SL 1968, ch 1, § 7.
S.D. Codified Laws § 38-21-46 — SD Code / Title 38 / Chapter 21 / Section 38-21-46
Notice of damage--Requirements--Exception
Status: in_force

(1) Thirty days after the date that the damages were observed or should have been observed; or

(2) If a growing crop is alleged to have been damaged, before the time that twenty - five percent of the crop has been harvested or destroyed.

This section does not apply if the person seeking reimbursement for damage was the applicator of the pesticide.

Source: SL 1974, ch 255, § 20; SL 1991, ch 326, § 18; SL 2020, ch 174, § 18.
S.D. Codified Laws § 38-22-23.12 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.12
Investigation of suspected land--Notice required for entry
Status: in_force

If a county weed and pest board has probable cause to believe there is land upon which exist weeds or pests that may spread or contribute to the injury or detriment of others, it shall investigate the suspected premises. The designated representative of the board, after giving the landowner written notice, may go upon the premises without interference or obstruction for purposes of making a reasonable investigation of the infested area. Such notice is considered given if it is given to the landowner or operator personally at least one day before entry or if it is mailed, by certified mail, addressed to the last known address of the landowner at least five days before entry. A board may serve notice of intent to inspect on all landowners by publishing a legal notice of such intent at least thirty days before entry in the county's official newspaper.

Source: SL 1983, ch 282, § 37; SL 1984, ch 266, § 5.
S.D. Codified Laws § 38-8-64 — SD Code / Title 38 / Chapter 8 / Section 38-8-64
Assistance to land owners
Status: in_force

A conservation district and its supervisors may make available, on terms as it prescribes, to land owners within the district, equipment, material, or supplies as may be available to assist the land owners to carry on operations for the conservation of natural resources and for the prevention and control of soil erosion, flood prevention of the conservation, development, utilization, and disposal of water.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (9); SL 1957, ch 4, § 9; SL 2015, ch 203, § 11.
S.D. Codified Laws § 38-8-10 — SD Code / Title 38 / Chapter 8 / Section 38-8-10
Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities
Status: in_force

The Division of Resource Conservation and Forestry shall issue the notices and conduct the hearings and referenda required by § 38-8-2 . No informalities in the conduct of the referendum or in any related matters may invalidate the referendum or the result of the referendum if notice of the referendum has been given substantially as provided in subdivision 38-7-2(5) and the referendum has been fairly conducted.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (4); SL 1986, ch 326, § 10; SL 1994, ch 316, § 6.
S.D. Codified Laws § 38-8A-23 — SD Code / Title 38 / Chapter 8A / Section 38-8A-23
Blowing soil--Investigation and order for prevention by conservation district board
Status: in_force

If the board of supervisors of any district is advised, in a written or electronic form, that soil is blowing from any land, or if any land in the county, roads, or public property, is being damaged, as the result of blowing soil, the board must inspect the land. If the board finds soil is blowing from the land, in excess of local conservation district standards, to the point that it is injurious to other land, roads, or public property, the board must determine what can be done to prevent or lessen the blowing of soil from the land. If the board finds, after consulting with the commission, if appropriate, that the blowing can be prevented or lessened by treatment of the soil, the board must issue an order to the owner of record, and to the operator, if known to the board, stating the treatment required, and the date the treatment is to be started and completed.

Source: SL 1984, ch 263, § 2; SL 2024, ch 167, § 3.
S.D. Codified Laws § 38-8-5 — SD Code / Title 38 / Chapter 8 / Section 38-8-5
Determination of no need and denial of petition--Time for filing new petitions
Status: in_force

If the State Conservation Commission shall determine after a hearing pursuant to § 38-8-2 , after due consideration of the relevant facts mentioned in § 38-8-3 , that there is no need for a conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as provided by § 38-8-1 and new hearings held and determinations made thereon.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (2).
S.D. Codified Laws § 38-17-18 — SD Code / Title 38 / Chapter 17 / Section 38-17-18
Unauthorized disposition of property subject to thresher's or processor's lien as misdemeanor
Status: in_force

Any person selling, secreting, or disposing of property covered by a threshing, harvesting, hulling, or other processing lien under the provisions of §§ 38-17-14 to 38-17-17 , inclusive, without the written consent of the owner of said lien, is guilty of a Class 2 misdemeanor.

Source: SL 1889, ch 88, § 6; RCCivP 1903, § 742; RC 1919, § 1688; SDC 1939, § 39.9904; SL 1977, ch 190, § 318.
S.D. Codified Laws § 38-12A-2 — SD Code / Title 38 / Chapter 12A / Section 38-12A-2
Label required for containers of agricultural seeds--Contents
Status: in_force

Each container of agricultural seed which is sold, offered for sale, or exposed for sale, held for storage, or transported within this state with the intent to sell for sowing purposes shall bear or have attached in a conspicuous place a plainly written or printed label giving the following information:

(1) The name of the kind or kind and variety or kind and "variety not stated" for each agricultural seed component in excess of five percent of the whole and the percentage by weight of each in order of its predominance. Mixtures shall be listed on the label using the term "mixture," "mixed," or "mix";

(2) Hybrids shall be labeled as hybrids except if the pure seed contains less than seventy - five percent hybrid seed. If the percentage of the hybrid seed is greater than seventy - five percent, but less than ninety - five percent, the percentage of hybrid shall be labeled parenthetically following the variety;

(3) Lot number or other lot identification;

(4) Origin as to state or foreign country, if known, of perennials when grown in this state. If unknown, the label shall state that the origin is unknown;

(5) Percentage by weight of all weed seed;

(6) Name and rate of occurrence of each kind of restricted noxious weed seed, listed under the heading "noxious weed seeds";

(7) Percentage by weight of agricultural seeds other than those required to be named on label, listed under the heading "Other Crop";

(8) Percentage by weight of inert matter;

(9) For each named agricultural seed:

(a) Percentage of germination, exclusive of hard and dormant seed;

(b) Percentage of hard and dormant seed, if present;

(c) The additional statement "total germination and hard and dormant seed" may be stated if desired;

(d) The calendar month and year the test was completed to determine such percentages;

(10) Tetrazolium tests may be substituted for germination tests for the kinds and time prescribed by the secretary in accordance with § 38-12A-20 ;

(11) Name and address of the seedsman or seed producer who labeled the seed.

Source: SL 1988, ch 314, § 2.
S.D. Codified Laws § 38-18-4 — SD Code / Title 38 / Chapter 18 / Section 38-18-4
Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty
Status: in_force

Thirty days before transporting bees or used bee equipment not included in a compliance agreement into the state, a person shall file with the secretary an application for an entrance permit. A certificate of health, pursuant to § 38-18-23 , shall be filed with the secretary prior to approval of the entrance permit. The secretary shall act upon an application within thirty days and may revoke entrance permits and conduct contested case hearings in accordance with this chapter or rules promulgated pursuant to chapter 1-26 . The failure to apply for an entrance permit is a Class 2 misdemeanor. Any person failing to apply for an entrance permit is also subject to a civil penalty not to exceed five hundred dollars for each day he remains in violation of this section.

Source: SL 1945, ch 10, § 2; SL 1947, ch 6, § 4; SL 1953, ch 6; SL 1959, ch 2, § 4; SDC Supp 1960, § 4.1104; SL 1961, ch 4; SL 1963, ch 4; SL 1965, ch 5; SL 1976, ch 243, § 4; SL 1983, ch 27, § 4; SL 1986, ch 330, § 7; SL 1989, ch 344, § 3; SL 1992, ch 280, § 3.
S.D. Codified Laws § 38-11-1 — SD Code / Title 38 / Chapter 11 / Section 38-11-1
Appointment and terms of board members--Vacancies
Status: in_force

The State Seed Certification Board shall consist of five members appointed by the secretary of agriculture and natural resources, with terms of office so arranged that one and only one expires each year, and as each expires the succeeding term shall be for a period of five years and until a successor is appointed and qualifies. Vacancies may be filled by appointment by the secretary of agriculture and natural resources for the balance of the unexpired term.

Source: SL 1947, ch 18, § 1; SL 1949, ch 12; SDC Supp 1960, § 4.10B01; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-51 — SD Code / Title 38 / Chapter 19 / Section 38-19-51
Duties of Nutrient Research and Education Council
Status: in_force

The Nutrient Research and Education Council established in § 38-19-50 , acting in cooperation and conjunction with the South Dakota Agricultural Experiment Station, shall:

(1) Prioritize nutrient research, water quality research, and education proposals and solicit research proposals to generate findings and make recommendations to the council based on the findings;

(2) Evaluate the proposed budget for each research project and make recommendations as necessary;

(3) Arrange for peer review of all research proposals for scientific merit and methods;

(4) Disseminate the findings of all research projects to the appropriate agricultural sector in the manner deemed most effective; and

(5) Cooperate with other programs with similar goals, if practicable.

The council shall publish an annual financial and activities report, including the amount of funds collected and expenditures for nutrient programs.

Source: SL 2016, ch 201, § 6.
S.D. Codified Laws § 38-8-30 — SD Code / Title 38 / Chapter 8 / Section 38-8-30
Petition for boundary adjustment between adjoining districts
Status: in_force

Petitions signed by a majority of the members of each of the governing bodies of adjoining conservation districts may be filed with the State Conservation Commission asking that the boundary line between such districts be changed. Such petitions shall set out the existing boundary line between the districts and the proposed new boundary.

Source: SDC 1939, § 4.1517 (2) as enacted by SL 1947, ch 13.
S.D. Codified Laws § 38-19A-2 — SD Code / Title 38 / Chapter 19A / Section 38-19A-2
Distribution of adulterated soil amendments prohibited--Adulteration defined
Status: in_force

No person shall distribute an adulterated soil amendment. A soil amendment shall be deemed to be adulterated if it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with directions for use on the label or if it contains unwanted crop or weed seed.

Source: SL 1976, ch 244, § 14.
S.D. Codified Laws § 38-10-29 — SD Code / Title 38 / Chapter 10 / Section 38-10-29
Supplemental and alternate forms used by commodity credit corporation
Status: in_force

Forms supplemental or alternate to those approved in § 38-10-28 which may be proposed by the Commodity Credit Corporation and contain the necessary information may be used without revision of this chapter.

Source: SL 1961, ch 11, § 12 (2).
S.D. Codified Laws § 38-34-5 — SD Code / Title 38 / Chapter 34 / Section 38-34-5
Compensation of members
Status: in_force

Compensation for the members of the council shall be paid pursuant to § 4-7-10.4 .

Source: SL 2005, ch 214, § 5.
S.D. Codified Laws § 38-24A-2 — SD Code / Title 38 / Chapter 24A / Section 38-24A-2
Administration by secretary--Delegation of authority--Rules and regulations
Status: in_force

The secretary of agriculture and natural resources has the responsibility for administration of the provisions of this chapter. The secretary is authorized to assign functions provided for in this chapter to any unit of his department and to delegate any authority provided for in this chapter to a designated agent to be exercised under his general supervision.

Source: SL 1971, ch 220, § 2; SL 1986, ch 326, § 53; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-18-8 — SD Code / Title 38 / Chapter 18 / Section 38-18-8
Movable frames required in hives--Violation as misdemeanor
Status: in_force

Any person engaged in beekeeping shall provide movable frames in all hives in their apiary, and cause the bees to construct brood combs in the frames so that any of the frames may be removed from the hive without causing injury to other combs in the hive. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1927, ch 62, § 1; SL 1931, ch 93; SDC 1939, § 4.1102; SL 1947, ch 6, § 8; SDC Supp 1960, § 4.1108; SL 1986, ch 330, § 10.
S.D. Codified Laws § 38-7-19 — SD Code / Title 38 / Chapter 7 / Section 38-7-19
Dissemination of information--Encouraging formation of districts
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 disseminate information throughout the state concerning the activities and programs of the conservation districts organized under chapter 38-8 , and to encourage the formation of such districts in areas where their organization is desirable.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1506 (5).
S.D. Codified Laws § 38-22-23.6 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.6
Removal of board members
Status: in_force

The board of county commissioners may remove a member for repeated failure to attend meetings or for refusal or incapacity to act as a county weed and pest board member.

Source: SL 1983, ch 282, § 31.
S.D. Codified Laws § 38-32-21 — SD Code / Title 38 / Chapter 32 / Section 38-32-21
Development and dissemination of information by council--Cooperation with agencies and businesses
Status: in_force

The council shall develop and disseminate information and instructions relating to the purpose of the corn assessment and the 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 corn.

Source: SL 1988, ch 318, § 21.
S.D. Codified Laws § 38-35-16 — SD Code / Title 38 / Chapter 35 / Section 38-35-16
Transportation--Consent to search and seizure--Inspection by law enforcement--Penalty
Status: in_force

Any transporter is deemed to have given consent to the reasonable search and seizure by law enforcement of any hemp without a warrant to determine the lawful amount of total delta-9 tetrahydrocannabinol concentration. For purposes of this section, product in process that is properly documented is compliant. Any law enforcement officer may require any transporter to stop for the purposes of inspection. During a stop, a law enforcement officer may collect a sample of any hemp for the purpose of testing for any concentration of total delta-9 tetrahydrocannabinol that exceeds three-tenths of one percent on a dry weight basis. Each sample collected by law enforcement may not exceed eight ounces.

It is a Class 2 misdemeanor to transport industrial hemp or product in process, but not industrial hemp product, without appropriate documentation demonstrating compliance with an industrial hemp program of a federal, state, or tribal authority, in addition to any permit or documentation required by § 38-35-17 .

Source: SL 2020, ch 176, § 16, eff. Mar. 27, 2020; SL 2022, ch 155, § 14, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-34-15 — SD Code / Title 38 / Chapter 34 / Section 38-34-15
Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage--Exception
Status: in_force

If pulse crops described in § 38-34-14 remain in farm storage for the duration of the pledge or mortgage, the assessment paid at the time the loan was made completely satisfies the assessment liability unless upon subsequent actual delivery of the pulse crop from farm storage in satisfaction of the pledge, or mortgage in the amount of one dollar or more, any underpayment is due solely to the necessity of estimating the quantity of the pulse crops placed in farm storage.

Source: SL 2005, ch 214, § 15.
S.D. Codified Laws § 38-19-36.7 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.7
Section38-19-36.6not applicable against unlawful possessor of anhydrous ammonia
Status: in_force

The provisions of § 38-19-36.6 do not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose.

Source: SL 2001, ch 216, § 4.
S.D. Codified Laws § 38-20A-32 — SD Code / Title 38 / Chapter 20A / Section 38-20A-32
State and federal officials exempt from penalties
Status: in_force

The provisions of §§ 38-20A-26 to 38-20A-29 , inclusive, do not apply to public officials of this state or the federal government when engaged in the performance of official duties.

Source: SL 1947, ch 99, § 8; SDC Supp 1960, § 22.12A08 (1) (b); SDCL, § 39-19-32; SL 1983, ch 281, § 28; SL 2020, ch 173, § 18.
S.D. Codified Laws § 38-18-32 — SD Code / Title 38 / Chapter 18 / Section 38-18-32
Definitions
Status: in_force

Terms used in §§ 38-18-31 to 38-18-37 , inclusive, mean:

(1) "Bee location," any quarter section or smaller portion of land where apiaries may be kept;

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

(3) "Honey producer" or "beekeeper," any person, firm or corporation engaged in the act of raising, harboring, keeping, or breeding domesticated honey bees for the pollination of crops or the production of honey, beeswax, or by - products, either for personal or commercial use;

(4) "Honey by - product," any item using honey as a base such as creamed honey or whipped honey;

(5) "Participation producer," a honey producer or beekeeper who has not requested a refund from the payment of assessments on a bee location for any particular year.

Source: SL 1991, ch 324, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-18-14 — SD Code / Title 38 / Chapter 18 / Section 38-18-14
Access of departmental personnel to premises and apiaries
Status: in_force

The secretary may enter any private or public premises on which an apiary or any bee equipment is located to ascertain the existence of pests or regulated pests.

Source: SL 1947, ch 6, § 3; SL 1959, ch 2, § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243, § 9; SL 1986, ch 330, § 16; SL 1992, ch 280, § 5.
S.D. Codified Laws § 38-34-2 — SD Code / Title 38 / Chapter 34 / Section 38-34-2
South Dakota Pulse Crops Council--Initial appointment of members
Status: in_force

The South Dakota Pulse Crops Council is composed of five members who are participating growers of dry peas, lentils, chickpeas, or lupines. The secretary shall make the initial appointments to the council and the secretary or a designee may serve as a nonvoting ex officio member. Initial appointments to the council shall include five participating growers, including a dry pea grower, a chickpea grower, a lentil or lupine grower, and two at-large pulse producers. If no grower representing one of these crops is available or willing to serve, then another at-large grower shall be appointed.

Source: SL 2005, ch 214, § 2.
S.D. Codified Laws § 38-22-23.17 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.17
Civil penalty for continued failure to perform minimum remedial requirements
Status: in_force

Any owner, occupant, or other person who maintains or exercises control or management over land who is issued a resolution by the county weed and pest board pursuant to § 38-22-23.13 for three consecutive years and fails to perform the minimum remedial requirements for control is subject to a civil penalty of up to five hundred dollars. Any owner, occupant, or other person who maintains or exercises control or management over land on which the county weed and pest board has performed remedial requirements pursuant to § 38-22-23.14 for three consecutive years is subject to a civil penalty of up to five hundred dollars.

Source: SL 2001, ch 217, § 3.
S.D. Codified Laws § 38-22-23.15 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.15
Responsibility for control costs on state lands
Status: in_force

The costs of controlling weeds and pests on lands owned or supervised by the state shall be paid out of funds appropriated to the state agency that has responsibility for those lands.

Source: SL 1983, ch 282, § 40.
S.D. Codified Laws § 38-35-17.1 — SD Code / Title 38 / Chapter 35 / Section 38-35-17.1
Transportation by licensed hemp producer--Required documentation--Penalty
Status: in_force

A licensed hemp producer transporting hemp shall have in the licensee's possession the following:

(1) A copy of the producer's license under which the industrial hemp was grown or produced; and

(2) A manifest that includes the name and address of the transporter, the lot from which the industrial hemp being transported was harvested, the destination storage location for the hemp, and the type of vehicle being used.

Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor.

Source: SL 2021, ch 182, § 9, eff. Mar. 25, 2021; SL 2026, ch 167, § 3, eff. Jan. 1, 2027.A grower licensee traveling from the land as described in the licensee's application to the storage location as described in the licensee's application shall have in the transporter's possession the following:

(1) A copy of the grower license under which the industrial hemp was grown or produced; and

(2) A manifest that includes the specific name and address of the transporter, the specific lot from which the industrial hemp being transported was harvested, the destination storage location for the hemp, and the type of vehicle being used.

Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor .

Source: SL 2021, ch 182, § 9, eff. Mar. 25, 2021.
S.D. Codified Laws § 38-19-36.9 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.9
Owner of anhydrous ammonia defined
Status: in_force

For purposes of this §§ 38-19-36.8 to 38-19-36.10 , inclusive, the term, owner of anhydrous ammonia, means any person who, for any lawful purpose:

(1) Owns anhydrous ammonia;

(2) Owns a container, equipment, or storage facility containing anhydrous ammonia;

(3) Is responsible for the installation or operation of a container, equipment, or storage facility containing anhydrous ammonia;

(4) Sells anhydrous ammonia;

(5) Purchases anhydrous ammonia; or

(6) Operates or uses anhydrous ammonia containers, equipment, or storage facilities.

Source: SL 2004, ch 258, § 2.
S.D. Codified Laws § 38-19A-4 — SD Code / Title 38 / Chapter 19A / Section 38-19A-4
Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted
Status: in_force

Each separately identified soil conditioner product shall be registered before being distributed in this state. The application for registration shall be submitted to the secretary of agriculture and natural resources on the form furnished or approved by the secretary and shall be accompanied by a fee of twenty - five dollars per product. Upon approval by the secretary, a copy of the registration shall be furnished to the applicant. Each registration shall expire on December thirty - first of the year following the date of issuance. Each registrant shall submit to the secretary a copy of labels and advertising literature with the registration request for each soil amendment.

Source: SL 1976, ch 244, § 7; SL 2001, ch 215, § 18; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19A-13 — SD Code / Title 38 / Chapter 19A / Section 38-19A-13
Inspection and analysis of soil amendments by secretary--Entry upon premises or carriers
Status: in_force

The secretary of agriculture and natural resources shall sample, inspect, make analyses of, and test soil amendments distributed within the state at any time and place and to such an extent as he may deem necessary to determine whether such soil amendments are in compliance with the provisions of this chapter. The secretary may enter upon any public or private premises or carriers during regular business hours in order to have access to soil amendments subject to the provisions of this chapter and the rules and regulations pertaining thereto and to the records relating to their distribution.

Source: SL 1976, ch 244, § 12; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-20A-59 — SD Code / Title 38 / Chapter 20A / Section 38-20A-59
Registration fees--Distribution
Status: in_force

The annual registration fee for each pesticide registered in § 38-20A-4 shall be distributed as follows:

(1) Forty-five dollars shall be deposited in the pesticide regulatory fund created in § 38-21-57 ;

(2) Thirty-three dollars and seventy-five cents shall be deposited in the weed and pest fund created in § 38-22-35 ;

(3) Twenty-one dollars and twenty-five cents shall be deposited in the public lands weed and pest fund created in § 38-20A-58 ;

(4) Fifteen dollars shall be deposited within the agricultural experiment station pursuant to chapter 13-58 ;

(5) Ten dollars shall be deposited within the cooperative extension service pursuant to chapter 13-54 ; and

(6) Forty dollars shall be deposited in the pesticide recycling and disposal fund created in § 38-20A-56 .

The late renewal fee in § 38-20A-4 shall be divided equally among the weed and pest fund created in § 38-22-35 , the pesticide regulatory fund created in § 38-21-57 , and the public lands weed and pest fund created in § 38-20A-58 .

Source: SL 1998, ch 247, § 2; SL 2008, ch 208, § 3, eff. Mar. 13, 2008; SL 2018, ch 243, § 2; SL 2020, ch 175, § 2.
S.D. Codified Laws § 38-33-4 — SD Code / Title 38 / Chapter 33 / Section 38-33-4
Election of officers--Quorum--Calling meetings
Status: in_force

The commission shall annually elect a chair and a vice chair. A majority of voting members constitutes a quorum. All meetings of the commission shall be called by the chair except that special meetings may be called by three members of the commission. The commission shall adopt procedures for the calling of special meetings.

Source: SL 2001, ch 219, § 6.
S.D. Codified Laws § 38-8-39 — SD Code / Title 38 / Chapter 8 / Section 38-8-39
Composition of district governing board--Number and qualifications of supervisors--Notice of available district offices--Nominating petitions--Election procedure
Status: in_force

The governing body of a district shall consist of a board of supervisors.

Each conservation district shall have a board of supervisors consisting of five members, each of whom shall be elected on a nonpartisan ballot at a general election and whose term of office shall be four years commencing on the first of January following election. Supervisors shall be registered voters within the district, to be elected at large.

The board of supervisors may, at its discretion, choose to elect its supervisors in precincts that contain as near as possible an equal number of residents, as determined by the last preceding federal decennial census.

Before any general election, the board of supervisors of an organized conservation district shall give notice of any district offices for which nominations may be filed. The notice shall be published at least once each week for two consecutive weeks in the official newspaper or newspapers of any counties within the territory of the district. The last publication may not be less than ten nor more than fifteen days before the deadline for filing nominating petitions. The Division of Resource Conservation and Forestry shall provide the required notice before a referendum regarding establishment of a new district.

Supervisors shall be nominated by a petition signed by fifteen or more voters in the district for which the candidate seeks election.

The petition shall be verified by the circulator and be accompanied by the declaration of the candidate in a form substantially conforming to nominating petitions prescribed under the primary election laws of this state governing nominating petitions for nonpolitical candidates. The petition shall be filed on or before July first of the year in which the general election is to be held, with the county auditor of the county, or where more than one county is within the territorial limits of the district, with the secretary of state. The auditor shall prepare ballots substantially in the form of the nonpolitical ballot and give notice thereof as provided by the general election laws of this state. The supervisors shall be elected by plurality. The election shall be conducted, canvassed, recounted, and contested as elections under the general laws of this state, except as otherwise provided in this chapter, and unless the general laws are inapplicable. If the details concerning the conduct, canvassing, recounting or contest of the election are not set forth within this chapter, and the general election laws are not applicable, then the commission shall promulgate rules pursuant to chapter 1-26 to make possible the submission to an election any matter which by the terms of this chapter may be submitted to a vote of the voters of any proposed or established district.

Source: SL 1937, ch 19, § 7; SDC 1939, § 4.1509; SL 1947, ch 12; SL 1953, ch 7, § 1; SL 1957, ch 4, § 3; SDC Supp 1960, § 4.1509 (1); SL 1968, ch 1, § 6; SL 1969, ch 5, § 1; SL 1985, ch 15, § 49; SL 1987, ch 284; SL 1994, ch 316, § 21; SL 2017, ch 179, § 1; SL 2019, ch 180, § 1.
S.D. Codified Laws § 38-11-2 — SD Code / Title 38 / Chapter 11 / Section 38-11-2
Composition and representation on board--Recommendations for appointment
Status: in_force

All members of the State Seed Certification Board shall be electors of the state; two shall be persons recommended for appointment by the South Dakota Crop Improvement Association; one shall be a representative of the State Department of Agriculture and Natural Resources; two shall be persons recommended by the dean of agriculture at South Dakota State University. The members of the board shall be appointed so as to represent all areas of the state. The secretary of agriculture and natural resources shall make these appointments from lists of two or more names submitted for each position on the board.

Source: SL 1947, ch 18, § 1; SL 1949, ch 12; SDC Supp 1960, § 4.10B01; SL 2006, ch 205, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-27 — SD Code / Title 38 / Chapter 8A / Section 38-8A-27
Disposition of assessment collections--Collection fee prohibited
Status: in_force

All amounts collected shall be transmitted to the county treasurer, who shall credit the money to the local conservation district. The county treasurer may not collect any fees for the collection of the assessments.

Source: SL 1984, ch 263, § 6.
S.D. Codified Laws § 38-22-21 — SD Code / Title 38 / Chapter 22 / Section 38-22-21
Certification to county auditor of cost of protective operations on infested land--Collection as taxes
Status: in_force

Upon completion of protective operations, the secretary of agriculture and natural resources shall certify to the county auditor the expenses for the performance of the protective operations, and the county auditor shall issue a warrant to the party entitled to payment of the costs of such protective operations from funds appropriated for that purpose. The owner of such infested land is indebted to the county for such expense actually incurred, and if not paid on or before the first day of November following such operations, such county auditor shall extend the amount of such indebtedness on the tax list against the infested land and all land owned by such owner contiguous thereto, in a separate column headed "weed and pest control" and the amount shall be collected as other taxes are collected.

Source: SL 1890, ch 116, § 4; RPolC 1903, § 3179; SL 1913, ch 282, § 4; SL 1917, ch 319, § 4; RC 1919, § 10408; SDC 1939, § 62.0304; SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1974, ch 256; SL 1983, ch 282, § 23; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19A-5 — SD Code / Title 38 / Chapter 19A / Section 38-19A-5
Duplicate registration not required if labels do not differ
Status: in_force

No distributor shall be required to register any brand of soil amendment which shall have already been registered under this chapter by another person; provided, however, that the label does not differ in any respect.

Source: SL 1976, ch 244, § 8.
S.D. Codified Laws § 38-19-36.8 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.8
Assumption of risk by person tampering with anhydrous ammonia--Immunity from liability for owners
Status: in_force

Any person tampering with or assisting in tampering with anhydrous ammonia assumes the risk of personal injury, death, and any other economic or noneconomic loss or damage arising from tampering with or assisting in tampering with anhydrous ammonia. An owner of anhydrous ammonia is not liable to such person for personal injury, death, or any other economic or noneconomic loss or damage arising out of tampering with or assisting in tampering with anhydrous ammonia, except in any case in which such loss or damage was caused by conduct of the owner that was willful, wanton, reckless, or grossly negligent.

Source: SL 2004, ch 258, § 1.
S.D. Codified Laws § 38-7-8 — SD Code / Title 38 / Chapter 7 / Section 38-7-8
Record of commission actions--Seal--Powers
Status: in_force

The State Conservation Commission shall keep a record of its official actions; shall adopt a seal, which seal shall be judicially noticed; and may perform acts, hold hearings, and promulgate rules, pursuant to chapter 1-26 , concerning:

(1) The organization and operation of the commission;

(2) Cooperation and assistance provided to conservation districts;

(3) The reporting of election results and financial affairs of the conservation districts; and

(4) The governing and administration of conservation district elections.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1503; SL 1945, ch 13; SL 1949, ch 10; SL 1957, ch 4, § 2; SL 1968, ch 1, § 2; SL 1974, ch 254, § 4; SL 1986, ch 326, § 8; SL 2015, ch 203, § 7.
S.D. Codified Laws § 38-8-42 — SD Code / Title 38 / Chapter 8 / Section 38-8-42
Terms of office of district supervisors
Status: in_force

For the purpose of staggering terms, at the first general election, the three at-large candidates receiving the largest number of votes shall be elected for a four-year term, and the two candidates receiving the next highest number of votes shall be elected for two-year terms. In succeeding elections all supervisors shall be elected for four-year terms commencing the following January first.

Source: SL 1937, ch 19, § 7; SDC 1939, § 4.1509; SL 1947, ch 12; SL 1953, ch 7, § 1; SL 1957, ch 4, § 3; SDC Supp 1960, § 4.1509 (1); SDCL § 38-8-38 ; SL 1968, ch 1, § 6; SL 1994, ch 316, § 23; SL 2017, ch 179, § 2.
S.D. Codified Laws § 38-22-23.5 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.5
Board member to be appointed or elected from first or second class municipality
Status: in_force

In any county containing a first or second class municipality with a population of five thousand or more, at least one county weed and pest board member shall be appointed or elected from within the limits of the municipality.

Source: SL 1983, ch 282, § 30; SL 1984, ch 266, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 38-20A-27 — SD Code / Title 38 / Chapter 20A / Section 38-20A-27
Unregistered pesticides--Prohibitions--Change in labeling or formula
Status: in_force

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is not registered under the provisions of §§ 38-20A-4 to 38-20A-13 , inclusive; or any pesticide if any of the claims made or any of the directions for the pesticide's use differ in substance from the representations made in connection with its registration; or any pesticide if the composition of the pesticide differs from the composition represented in its registration. The secretary may allow a change in the labeling or formula of a pesticide within a registration period without requiring reregistration of the pesticide.

Source: SL 1947, ch 99, §§ 4, 9; SDC Supp 1960, §§ 22.12A04 (1) (a), 22.9929; SDCL, § 39-19-27; SL 1977, ch 190, § 418; SL 1983, ch 281, § 23; SL 2020, ch 173, § 14.
S.D. Codified Laws § 38-19-36 — SD Code / Title 38 / Chapter 19 / Section 38-19-36
Rules and regulations for labeling, storage, and distribution
Status: in_force

For enforcement of this chapter, the secretary of agriculture and natural resources may promulgate, pursuant to the provisions of chapter 1-26 , rules relating to labeling, storage, licensing, sampling, inspection, analysis, and distribution of commercial fertilizers to carry into effect the full intent and meaning of this chapter.

Source: SL 1949, ch 85, § 12; SDC Supp 1960, § 22.1712; SL 1966, ch 66, § 5; SL 1986, ch 326, § 32; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-27-3 — SD Code / Title 38 / Chapter 27 / Section 38-27-3
Necessity, purposes, and objectives for council
Status: in_force

The production, development, marketing, and promotion of sunflowers, safflowers, canola, and flax in South Dakota is important to the general welfare of the people of South Dakota. It is in the public interest that better methods of production, processing, and marketing of sunflowers, safflowers, canola, and flax be developed and that advertising and promoting of sunflowers, safflowers, canola, and flax grown in South Dakota be fostered, encouraged, developed, and improved so the sunflower, safflower, canola, and flax industries within the state, the people directly or indirectly employed by these industries and the people of South Dakota should be benefited thereby, the accomplishment of which requires and demands the establishment of a South Dakota Oilseeds Council for the purposes and with the objectives of contributing to the stabilization and improvement of the agricultural economy of this state.

Source: SL 1980, ch 273, § 1; SL 1989, ch 346, § 3.
S.D. Codified Laws § 38-1-11 — SD Code / Title 38 / Chapter 1 / Section 38-1-11
Executive assistants--Oath
Status: in_force

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

Source: SDC 1939, § 4.0102; SL 1943, ch 3; SL 2015, ch 203, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-28 — SD Code / Title 38 / Chapter 8A / Section 38-8A-28
Cooperation with federal, state, and local agencies to prevent erosion
Status: in_force

The board of supervisors of any conservation district where land is being eroded may enter into any agreement with the federal government or any agency thereof, the State of South Dakota or any agency thereof, or any other conservation district, or other county or counties, for cooperation in preventing or attempting to prevent soil erosion by wind.

Source: SL 1984, ch 263, § 7.
S.D. Codified Laws § 38-24B-19 — SD Code / Title 38 / Chapter 24B / Section 38-24B-19
Finding of pest infestation--Notice--Orders to prevent spread and to treat or destroy plant material--Notice of orders--Violation as misdemeanor
Status: in_force

If the Department of Agriculture and Natural Resources finds on examination any nursery, nursery stock, orchard, small - fruit plantation, park, cemetery, or any private or public premises infested with pests, he shall notify in writing the owner or person having charge of such premises, to that effect. The department may prohibit and prevent the removal, shipment, or transportation of plant material and any other material from any private or public property for such periods and under such conditions as necessary in order to prevent the further spread of the infestation or infection. During the existence of such order no person may remove or ship any such material, except by special permission or direction of the secretary. The owner or person having charge of the premises shall within reasonable time after such notice treat them as the secretary of agriculture and natural resources directs or cause the removal and destruction of such plant material, if incapable of successful treatment. The secretary may also order treatment of any fields, premises, building, packing materials, or vehicles used in transporting infected material. Any notice or order issued by the secretary shall be delivered by personal service to the owner or person having charge of the premises or by certified mail to the last known address of the owner. A violation of this section is a Class 1 misdemeanor.

Source: SL 1985, ch 313, § 19; SL 1986, ch 335, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-7-10 — SD Code / Title 38 / Chapter 7 / Section 38-7-10
Chairman of commission--Delegation of powers and duties
Status: in_force

The State Conservation Commission shall designate its chairman annually. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper.

Source: SL 1937, ch 19, § 4; SDC 1939, §§ 4.1504, 4.1505; SL 1959, ch 3, § 2; SL 1963, ch 6; SL 1968, ch 1, § 3.
S.D. Codified Laws § 38-18-3 — SD Code / Title 38 / Chapter 18 / Section 38-18-3
Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty
Status: in_force

Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiary or before moving bees into the state and shall contain each location by legal description, the name of the landowner or lessee of the location, the number of colonies of bees in each apiary, and any other information required by the secretary. The landowner or lessee authorizing the placement of an apiary on a location may revoke the authorization by notifying the owner of the apiary and the secretary in writing. Such revocation of authorization by a landowner or lessee is not sufficient justification for a contested case hearing. If any person fails to register an apiary within the time specified by this section, the landowner authorization for that location is invalid.

A registration application shall be approved or rejected by the secretary in compliance with this chapter or rules promulgated pursuant to chapter 1-26 . The secretary may deny applications, revoke permits, or conduct contested case hearings in accordance with rules promulgated pursuant to chapter 1-26 . Any person failing to register an apiary or bees pursuant to this section is guilty of a Class 2 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a civil penalty not to exceed five hundred dollars for each location that the person has failed to register.

Source: SL 1945, ch 10, § 2; SL 1947, ch 6, § 4; SL 1953, ch 6; SL 1959, ch 2, § 4; SDC Supp 1960, § 4.1104; SL 1961, ch 4; SL 1963, ch 4; SL 1965, ch 5; SL 1976, ch 243, § 3; SL 1983, ch 280, § 2; SL 1986, ch 326, § 22; SL 1986, ch 330, § 2; SL 1989, ch 344, § 1; SL 1992, ch 280, § 2; SL 2001, ch 215, § 3.
S.D. Codified Laws § 38-18-33 — SD Code / Title 38 / Chapter 18 / Section 38-18-33
Honey industry fund
Status: in_force

Funds collected pursuant to §§ 38-18-31 to 38-18-37 , inclusive, shall be deposited with the state treasurer in a special fund known as the honey industry fund. Expenditures of these funds shall be made pursuant to the provisions of chapter 4-7 .

Source: SL 1991, ch 324, § 3.
S.D. Codified Laws § 38-8A-5 — SD Code / Title 38 / Chapter 8A / Section 38-8A-5
Information and standards used as basis of guidelines
Status: in_force

The guidelines for carrying out the program shall be based upon the following:

(1) Relevant physical and developmental information concerning the watersheds and drainage basins of the state, including, but not limited to, data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation, and public facilities and services;

(2) Existing surveys of lands and waters as may be deemed appropriate by the State Conservation Commission or required by any applicable law to identify areas, including multijurisdictional and watershed areas, with critical erosion and sediment problems; and

(3) Conservation standards for various types of soils and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land - disturbing activities.

Source: SL 1976, ch 242, § 3.
S.D. Codified Laws § 38-7-28 — SD Code / Title 38 / Chapter 7 / Section 38-7-28
Administration of coordinated natural resources conservation program
Status: in_force

The Division of Resource Conservation and Forestry of the Department of Agriculture and Natural Resources shall implement and administer the coordinated natural resources conservation program. Expenses associated with administration of this program and other purposes as authorized by chapter 38-7 and chapter 38-8 shall be expended from the coordinated natural resources conservation fund as determined in the general appropriations act according to Title 4.

Source: SL 1994, ch 313, § 5; SL 2007, ch 227, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-17-15 — SD Code / Title 38 / Chapter 17 / Section 38-17-15
Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers
Status: in_force

Any person entitled to a lien under § 38-17-14 shall provide a written account stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which may not exceed the price usually charged for the service, the name of the person for whom the work was done, and a description of the land on which the crop was grown. After making oath to the correctness of the account, the person shall file the account in the office of the register of deeds in the county in which the land producing the crop is located, and also in the county of the residence of the person who produced the crop, if the person is a resident of this state. The office of the register of deeds shall file and enter the account in the manner required by law in the personal property index. The filing serves as notice to all purchasers and encumbrancers subsequent to the date of the filing.

Source: SL 1889, ch 88, §§ 3, 4; RCCivP 1903, §§ 739, 740; RC 1919, §§ 1685, 1686; SL 1921, ch 281, § 3; SL 1931, ch 175, § 3; SL 1933, ch 130; SDC 1939, § 39.1302; SL 2018, ch 241, § 14.Any person entitled to a lien under § 38-17-14 shall perfect the lien as provided in chapter 57A-9 and in this section. Any financing statement filed to perfect the lien must contain or have attached to it the following information:

(1) The name and address of the owner or lessee and operator claiming the lien;

(2) The name and address of the person for whom a service specified in § 38-17-14 was performed;

(3) The amount due for the service;

(4) The amount of grain, seed, hay, silage, or other agricultural product covered by the lien;

(5) The place where the grain, seed, hay, silage, or other agricultural product is located;

(6) The date on which the service was commenced; and

(7) The date on which the service was completed.

After making oath to the correctness of the statement, the person shall file the statement electronically with the secretary of state. The filing serves as notice of the lien, to all, including purchasers and encumbrancers, subsequent to the date of the filing.

To perfect the lien, the financing statement must be filed within sixty days of the date the processing of the crop was finished. At the time the financing statement is filed, the lienholder shall provide a copy of the financing statement to the person for whom the work was done.

Source: SL 1889, ch 88, §§ 3, 4; RCCivP 1903, §§ 739, 740; RC 1919, §§ 1685, 1686; SL 1921, ch 281, § 3; SL 1931, ch 175, § 3; SL 1933, ch 130; SDC 1939, § 39.1302; SL 2018, ch 241, § 14; SL 2025 ch 166, § 2, eff. Jan. 1, 2027; SL 2026, ch 165, §§ 2, 6, eff. July 1, 2027.
S.D. Codified Laws § 38-21-42 — SD Code / Title 38 / Chapter 21 / Section 38-21-42
Renewal of license--Requirements--Exceptions
Status: in_force

Any person holding a current valid license may renew the license for the next biennium without taking another examination unless the secretary determines that additional knowledge related to classifications for which the applicant has applied makes a new examination necessary or if additional demonstration of qualifications is determined necessary for a person who has had a license suspended or revoked or has had one or more previous violations of this chapter. Any person whose license has expired and has not been renewed in accordance with this chapter before the expiration, shall be required to take the examination to obtain a new license.

Source: SL 1974, ch 255, § 15; SL 1986, ch 332, § 8; SL 1988, ch 316, § 5; SL 2001, ch 215, § 24; SL 2020, ch 174, § 13.
S.D. Codified Laws § 38-18-26 — SD Code / Title 38 / Chapter 18 / Section 38-18-26
Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor
Status: in_force

No person may sell, offer for sale, give away, or transfer ownership of any apiary, bees, or used bee equipment within this state without receiving a certificate of inspection from the secretary issued within six months prior to the disposition. The seller or giver shall issue a copy of the certificate to the purchaser or person receiving the colony at the time of delivery. A violation of this section is a Class 2 misdemeanor.

Source: SL 1947, ch 6, § 13; SL 1959, ch 2, § 8; SDC Supp 1960, § 4.1113; SL 1976, ch 243, § 17; SL 1984, ch 265, § 2; SL 1986, ch 330, § 30.
S.D. Codified Laws § 38-22-23.1 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.1
Meeting to appoint or provide for election of county weed and pest board--Notice
Status: in_force

The board of county commissioners of each county shall hold a public meeting to appoint or provide for the election of a county weed and pest board no later than February 1, 1984. Prior to the meeting the board of county commissioners shall establish the number of members of the board and shall establish board member areas. Each board member area shall be compact and contiguous. Notice of the meeting shall be advertised by publication in the official newspapers of the county, at least ten days before the meeting, and in any other manner as the board of county commissioners may provide.

Source: SL 1983, ch 282, § 26.
S.D. Codified Laws § 38-27-4 — SD Code / Title 38 / Chapter 27 / Section 38-27-4
Terms of members--Vacancies
Status: in_force

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

Source: SL 1980, ch 273, § 4; SL 2010, ch 201, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-29-7 — SD Code / Title 38 / Chapter 29 / Section 38-29-7
Powers of council
Status: in_force

The Soybean Research and Promotion Council may:

(1) 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, education, and transportation;

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

(3) Appoint, bond, 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 council;

(5) Lease, purchase, own, maintain, operate, and dispose of equipment and supplies necessary to carry out the provisions of this chapter;

(6) Formulate policies and programs regarding the discovery, promotion, and development of markets and industries for the use of soybeans grown within the state.

Source: SL 1984, ch 267, § 7; SL 1995, ch 233, § 1; SL 2007, ch 229, § 2.
S.D. Codified Laws § 38-21-33.3 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.3
Pesticide applicators and government agencies--Exemption
Status: in_force

The provisions of § 38-21-33.1 do not apply to any commercial pesticide applicator who sells pesticides only as an integral part of an application service if the pesticides are dispensed only through equipment used for pesticide application, or any federal, state, county, or municipal agency that provides pesticides only for the agency's own programs.

Source: SL 1975, ch 251, § 6; SL 1977, ch 309, § 2; SL 2020, ch 173, § 44.
S.D. Codified Laws § 38-24A-20 — SD Code / Title 38 / Chapter 24A / Section 38-24A-20
Special certificates on plants for export
Status: in_force

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

Source: SL 2001, ch 218, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-17 — SD Code / Title 38 / Chapter 8 / Section 38-8-17
Filing and recording of application and statement--Issuance of certificate of organization
Status: in_force

The secretary of state shall file and record the application and statement required by § 38-8-16 in an appropriate book of record in his office and shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The secretary of state shall make no charge for the services herein required.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (6).
S.D. Codified Laws § 38-10-30 — SD Code / Title 38 / Chapter 10 / Section 38-10-30
Use by Commodity Credit Corporation of identification numbers--Access of state officials to records
Status: in_force

The Commodity Credit Corporation's use of identification numbers in lieu of the name of the grower from whom the fee was collected is hereby approved, such approval being in consideration of assurance received from the Commodity Credit Corporation that authorized officials of the State of South Dakota will have access at all reasonable times to records in the county agricultural stabilization and conservation offices showing the names of growers to whom such identification numbers have been assigned.

Source: SL 1961, ch 11, § 12 (3).
S.D. Codified Laws § 38-35-22 — SD Code / Title 38 / Chapter 35 / Section 38-35-22
Industrial hemp used in wildlife food plots
Status: in_force

Industrial hemp used in wildlife food plots not intended to be harvested must be sampled by November 1 of the year planted. No cannabidiol varieties shall be grown for the purpose of wildlife food plots.

Source: SL 2022, ch 155, § 17, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-22-17.2 — SD Code / Title 38 / Chapter 22 / Section 38-22-17.2
Intervention on federal land by State Weed and Pest Control Commission
Status: in_force

If any agency of the United States fails or refuses to suppress weeds or pests on any land owned or controlled by such agency after receiving notice of such infestation by the county weed and pest board pursuant to this chapter, the South Dakota Weed and Pest Control Commission, at the request of the county board, shall intervene on its behalf. The attorney general shall provide such legal counsel as the South Dakota Weed and Pest Control Commission may require to resolve any such dispute.

Source: SL 1987, ch 290.
S.D. Codified Laws § 38-21-52 — SD Code / Title 38 / Chapter 21 / Section 38-21-52
Cooperation with other agencies
Status: in_force

The secretary may cooperate, receive grants - in - aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter; to secure uniformity of regulations; to cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs; to develop and administer state programs for training and certification of certified applicators consistent with federal standards; to contract for training with other agencies including federal agencies for the purpose of training certified applicators; to contract for monitoring pesticides for the national plan; to prepare and submit state plans to meet federal certification standards and issuance of experimental permits; and to regulate certified applicators.

Source: SL 1974, ch 255, § 14; SL 2020, ch 173, § 55.
S.D. Codified Laws § 38-1-32 — SD Code / Title 38 / Chapter 1 / Section 38-1-32
Regulation of nursery stock
Status: in_force

The Department of Agriculture and Natural Resources shall have power to inspect and control the importation and sale of nursery stock.

Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (9); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-1 — SD Code / Title 38 / Chapter 12A / Section 38-12A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Advertisement," all representation, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter;

(2) "Agricultural seeds," 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;

(3) "Certified seed," any seed of specific genetic purity and identity that has been officially certified by a certifying agency;

(4) "Certified seed technologist," any seed technologist who has been certified by the Association of Official Seed Analysts;

(5) "Certifying agency," an agency authorized by chapter 38-11 to officially certify seed to assure the genetic purity and identity of the seed certified;

(6) "Conditioning," drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information;

(7) "Consumer," any person who purchases or otherwise obtains seed for sowing, but not for resale;

(8) "Dormant seed," any viable seed, other than hard seed, which fails to germinate when provided favorable conditions for the kind of seed in question;

(9) "Flower seed," the seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name flower seeds in this state;

(10) "Germination," the emergence and development from the seed embryo of those essential structures which are indicative of the ability to produce a normal plant under favorable conditions;

(11) "Hard seed," any seed which remains hard at the end of a prescribed germination test period because it has not absorbed water due to an impermeable seed coat;

(12) "Hybrid," includes the first generation seed of a cross produced by controlling the pollination and by combining:

(a) Two or more inlines;

(b) One inbred or single cross with an open pollinated variety;

(c) Two varieties or species, except open - pollinated varieties of corn (Zea mays). Subsequent generations from such crosses may not be regarded as hybrids. Hybrid designations shall be treated as variety names;

(13) "Inert matter," all matter not seed which includes broken seeds, sterile florets, chaff, fungus bodies, and other material;

(14) "Kind," one or more related species or subspecies which singly or collectively is known by one common name;

(15) "Label," a tag or other written, printed or graphic representations, in any format whatsoever, accompanying or pertaining to any seed, whether in bulk or in containers purporting to set forth the information required on the label by this chapter;

(16) "Lawn and turf seeds," the seeds of grass commonly grown for ornamental purposes and commonly known and sold as lawn and turf seed;

(17) "Lot," a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling;

(18) "Mixture," a seed lot consisting of more than one kind;

(19) "Prohibited noxious weed seed," any weed seed which is prohibited from being present in seed, such as the seeds of weeds which are highly destructive and difficult to control by good cultural practice and the use of herbicides;

(20) "Pure seed," seed, exclusive of inert matter, and all other seed not of the kind or variety being considered;

(21) "Record," any and all information which relates to the origin, transport, treatment, germination, purity, kind, and variety of each lot of seed sold in this state. Such information includes seed samples and records of declaration, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations;

(22) "Registered seed technologist," any seed technologist who has been certified by the society of commercial seed technologists;

(23) "Restricted noxious weed seed," any weed seeds which are highly objectionable and difficult to control in specific crops, fields, lawns, and gardens of this state and which can be generally controlled by good cultural practices or the use of herbicides;

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

(25) "Seed," all propagation materials, within the context of this chapter ultimately intended for planting purposes;

(26) "Seed dealer," any person who exposes seed for sale, maintains an unsold inventory and sells seed, or takes and fills orders for seed for a seedsman or seed producer but does not condition or label seed;

(27) "Seedsman," any person who purchases, conditions, labels, or sells seed as a major part of his business;

(28) "Seed producer," any person who labels and sells seed only of his own production;

(29) "Seizure," a legal process carried out by a court order pertaining to a definite amount of seed;

(30) "Stop sale," an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed;

(31) "Tetrazolium test or TZ test," a chemical test which indicates seed viability;

(32) "Treated seed," any seed that has received an application of a substance or that has been subjected to a procedure or coating, for which a claim is made or which is designed to reduce, control, or repel disease organism, insects or other pests which attack seed or seedlings;

(33) "Tree and shrub seeds," the seeds of woody plants commonly known and sold as tree and shrub seeds in this state;

(34) "Tolerance," the allowable deviation from any figure used on a label to designate the percentage of any component or the number of seeds given for the lot in question and is based on the law of normal variation from a mean;

(35) "Variety," a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind;

(36) "Vegetable seed," the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seed in this state;

(37) "Weed seeds," any seed of plants commonly recognized as weeds within this state including prohibited and restricted noxious weed seeds.

Source: SL 1988, ch 314, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-23.11 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.11
Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor
Status: in_force

The county weed and pest board may purchase such quantities of agricultural chemicals, poisons, and equipment and hire such labor necessary to carry out the provisions of this chapter. The board may sell and apply agricultural chemicals and poisons for weed and pest control if such services, chemicals, and poisons are not available through commercial sources.

Source: SL 1983, ch 282, § 36; SL 1984, ch 266, § 4; SL 1986, ch 333, § 2.
S.D. Codified Laws § 38-8-56 — SD Code / Title 38 / Chapter 8 / Section 38-8-56
Notice and hearing on county contributions to districts
Status: in_force

The power granted by § 38-8-55 can only be exercised after at least one public hearing on the matter. The board of county commissioners shall give at least ten days' notice of such hearing by publication and by posting a copy of such notice at three of the most public places in the county.

Source: SDC 1939, § 12.0617 (15) as added by SL 1963, ch 37.
S.D. Codified Laws § 38-19-34 — SD Code / Title 38 / Chapter 19 / Section 38-19-34
Publication of analyses--Dissemination of information
Status: in_force

The secretary of agriculture and natural resources shall have authority to publish analyses of all products within the purview of this chapter and to gather and disseminate for the benefit of the public useful information concerning fertilizers and fertilizer materials.

Source: SL 1919, ch 207, § 6; SDC 1939, § 22.1701; SL 1949, ch 85, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-32-23 — SD Code / Title 38 / Chapter 32 / Section 38-32-23
Nomination of directors by petition--Certification--Ballot position
Status: in_force

Director candidates may be nominated by a written petition signed by at least fifteen participating growers who reside in the district. Petition forms shall be provided by the council and shall be filed with the council at least thirty days before the election. The council shall certify the nomination of candidates and prepare official ballots for the election of directors. Ballot position shall be determined by lot.

Source: SL 1991, ch 328, § 4.
S.D. Codified Laws § 38-27-9 — SD Code / Title 38 / Chapter 27 / Section 38-27-9
Supplementary nature of chapter--Agriculture and natural resources department and other agency functions not limited
Status: in_force

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

Source: SL 1980, ch 273, § 1; SL 2010, ch 201, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-36.6 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.6
Action for damages against certain persons unavailable to person who tampers with equipment
Status: in_force

Except as provided in § 38-19-36.7 , a person tampering with anhydrous ammonia containers or equipment under § 38-19-36.5 has no cause of action for damages arising out of the tampering against:

(1) The owner or lawful custodian of the container or equipment;

(2) A person responsible for the installation or maintenance of the container or equipment; or

(3) A person lawfully selling or offering for sale the anhydrous ammonia.

Source: SL 2001, ch 216, § 3.
S.D. Codified Laws § 38-8A-19 — SD Code / Title 38 / Chapter 8A / Section 38-8A-19
Variances to allow additional time for compliance
Status: in_force

The conservation districts or permit - issuing authority may, in carrying out their responsibilities under this chapter, grant a variance to any land disturber to allow additional time in meeting the requirements of this chapter.

Source: SL 1976, ch 242, § 19.
S.D. Codified Laws § 38-27-1 — SD Code / Title 38 / Chapter 27 / Section 38-27-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Council," the South Dakota Oilseeds Council;

(2) "First purchaser," any person who initially places sunflowers, safflowers, canola, or flax, whether as an owner, agent, or otherwise, into the channels of trade and commerce, or who is engaged in the processing of sunflowers, safflowers, canola, or flax into any form;

(3) "Grower," any person who plants, raises, and harvests sunflowers, safflowers, canola, or flax from more than ten acres;

(4) "Hundredweight," a one hundred pound unit or a combination of packages making a one hundred pound unit or any one hundred pound shipment of sunflowers, safflowers, or canola based on invoices or bills of lading records;

(5) "Oilseeds," any variety of sunflowers, safflowers, canola (rapeseed), or flax marketed or harvested within the state;

(6) "Participating grower," a grower who has not requested a refund from the payment of assessments on sunflower, safflower, canola, or flax production under this chapter in the last three calendar years, including the current calendar year;

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

Source: SL 1980, ch 273, § 2; SL 1985, ch 314, § 1; SL 1989, ch 346, § 1; SL 2010, ch 201, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-18-34 — SD Code / Title 38 / Chapter 18 / Section 38-18-34
Administration of honey industry fund--Donation--Expenditures
Status: in_force

In the administration of §§ 38-18-31 to 38-18-37 , inclusive, the department may:

(1) Contract and cooperate with any person or group for the administration of the honey industry fund;

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

(3) Expend the funds collected pursuant to §§ 38-18-31 to 38-18-37 , inclusive, and appropriated for its administration;

(4) Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of §§ 38-18-31 to 38-18-37 , inclusive;

(5) Expend up to ten percent of the honey industry fund for department administrative costs associated with the administration of the honey industry fund.

Source: SL 1991, ch 324, § 4.
S.D. Codified Laws § 38-8A-26 — SD Code / Title 38 / Chapter 8A / Section 38-8A-26
Assessment against land treated by board--Promulgation of rules
Status: in_force

Upon the completion of the treatment performed pursuant to § 38-8A-25 , the board of supervisors shall determine the land so benefited and notify the board of county commissioners, who shall assess against that land the cost of the treatment. The assessment may be made only against that portion of any tract of land which is the source of the wind or soil erosion.

Except as otherwise provided in this section, the assessment may not exceed the actual cost of the treatment or thirty-seven dollars per acre, whichever is less.

Beginning January 1, 2021, the commission may, by rules promulgated in accordance with chapter 1-26 , annually increase the maximum assessment per acre authorized by this section by the lesser of:

(1) Three percent; or

(2) The rate of inflation for the preceding calendar year, as established by the United States Department of Labor Bureau of Labor Statistics.

The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county director of equalization, and a copy sent by registered mail to the landowner at the address shown on the records of the county director of equalization and to the operator.

Source: SL 1984, ch 263, § 5; SL 2020, ch 177, § 1.
S.D. Codified Laws § 38-10-28 — SD Code / Title 38 / Chapter 10 / Section 38-10-28
Fee deducted when loan made by federal agency--Federal forms accepted in lieu of invoice
Status: in_force

In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, the fee assessed by § 38-10-22 shall be deducted from the proceeds of such loans at the time the loans are made, or be deducted thereafter by agencies of the federal government, and producer's note and loan agreement (commodity loan Form B) or producer's note and supplemental loan agreement (commodity loan Form A) or delivery instructions (commodity purchaser Form 3) issued by the federal agency to the grower are hereby approved as fulfilling the requirements for invoices, and the forms herein approved shall be deemed to constitute proof of payment of such promotional fee on the wheat listed thereon.

Source: SL 1961, ch 11, § 12 (1).
S.D. Codified Laws § 38-7-15 — SD Code / Title 38 / Chapter 7 / Section 38-7-15
Assistance in carrying out of district programs
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 offer such assistance as may be appropriate to the supervisors of conservation districts, organized as provided in chapter 38-8 , in the carrying out of any of their powers and programs.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1506 (1).
S.D. Codified Laws § 38-8A-8 — SD Code / Title 38 / Chapter 8A / Section 38-8A-8
Hearing on proposed standards or revisions--Publication of notice
Status: in_force

Before adopting or revising conservation standards, a district shall conduct a public hearing on the proposed standards or revisions. Notice of such hearing shall be published once a week for at least two successive weeks in a newspaper of general circulation in the area affected, giving the time and place, when and where such hearing shall be held, and inviting all interested persons to appear and be heard.

Source: SL 1976, ch 242, § 10.
S.D. Codified Laws § 38-20A-47 — SD Code / Title 38 / Chapter 20A / Section 38-20A-47
Prohibited contracts void--Action on contract prohibited
Status: in_force

Any contract for the sale of a pesticide or device in violation of the provisions of this chapter is void. No action may be maintained in any court for the purchase price or value of any pesticide or device, the sale of which is prohibited. No person is liable for the price or value of any pesticide or device furnished in violation of any of the provisions of this chapter.

Source: SL 1917, ch 242, § 22; RC 1919, § 7803; SDC 1939, § 22.0106; SDCL, § 39-1-7; SL 1983, ch 281, § 40; SL 2020, ch 173, § 28.
S.D. Codified Laws § 38-32-7 — SD Code / Title 38 / Chapter 32 / Section 38-32-7
Receipt of highest number of votes by winning candidate--Terms of directors
Status: in_force

In any election held pursuant to this chapter, the candidate receiving the highest number of votes in the district shall be elected. Director terms shall be for three years and no director of the council may serve for more than two complete consecutive terms. The terms of office for the initial directors shall be determined by lot. One - third of the initial directors shall serve for one year, one - third of the initial directors shall serve for two years, and one - third of the initial directors shall serve for three years. Directors shall take office on March first of the year of the election.

Source: SL 1988, ch 318, § 7; SL 1991, ch 328, § 7.
S.D. Codified Laws § 38-18-31 — SD Code / Title 38 / Chapter 18 / Section 38-18-31
Promotion of honey and by-products
Status: in_force

The department may engage in activities provided for in § 38-18-34 for the purpose of promoting the processing, marketing, sale, and consumption of honey and honey by - products produced in this state.

Source: SL 1991, ch 324, § 2.
S.D. Codified Laws § 38-33-7 — SD Code / Title 38 / Chapter 33 / Section 38-33-7
Assessment--Collection--Deposit
Status: in_force

An assessment not to exceed 0.45 percent of the market value of each swine when sold is imposed by the commission upon all swine sold in the state by a South Dakota resident. However the commission may enter into reciprocal agreements with other states that also have a swine checkoff fee to remit the assessment to the state where the swine were grown.

Any purchaser of swine shall collect the assessment imposed by §§ 38-33-1 to 38-33-12 , inclusive, by deducting the assessment from the purchase prices of all swine subject to the assessment.

Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and are continuously appropriated to the commission.

Source: SL 2001, ch 219, §§ 9, 10, 11.
S.D. Codified Laws § 38-21-33.4 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.4
License required for outlets--Transitory locations prohibited
Status: in_force

A pesticide dealer's license is required for each location or outlet located within this state from which pesticides are distributed. A manufacturer, registrant, or distributor who has no location licensed within this state, but who distributes pesticides directly into this state shall obtain a pesticide dealer license for the principal out - of - state location or outlet of the manufacturer, registrant, or distributor. A licensed location may not be transitory.

Source: SL 1975, ch 251, § 4; SL 2020, ch 173, § 45.
S.D. Codified Laws § 38-27-13 — SD Code / Title 38 / Chapter 27 / Section 38-27-13
Filing by first purchaser required
Status: in_force

Any first purchaser of sunflowers, safflowers, canola, or flax shall file an application or affidavit with the oilseeds council on forms prescribed and furnished by the council. The application or affidavit shall contain the name under which the first purchaser is transacting business within the state, the first purchaser's place of business, and the location of loading places of the first purchaser.

Source: SL 1980, ch 273, § 11; SL 1985, ch 314, § 4; SL 1989, ch 346, § 12; SL 2010, ch 201, § 6.
S.D. Codified Laws § 38-7-14 — SD Code / Title 38 / Chapter 7 / Section 38-7-14
Detail of personnel to division by other state agencies
Status: in_force

Upon request of the Division of Resource Conservation and Forestry for the purpose of carrying out any of its functions, the supervising officer of any state agency, or any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard to the needs of the agency to which the request is directed, assign or detail to the division, members of the staff or personnel of such agency or institution of learning, and making such special reports, surveys, or studies as the division may request.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1505; SL 1959, ch 3, § 2.
S.D. Codified Laws § 38-34-4 — SD Code / Title 38 / Chapter 34 / Section 38-34-4
Election of officers--Quorum--Meetings
Status: in_force

The council shall annually elect a chair and vice-chair. A majority of voting members constitutes a quorum. All meetings of the council shall be called by the chair. However, special meetings may be called by three members of the council. The council shall adopt procedures for the calling of special meetings.

Source: SL 2005, ch 214, § 4.
S.D. Codified Laws § 38-10-39 — SD Code / Title 38 / Chapter 10 / Section 38-10-39
Commission financial reports--Annual audit
Status: in_force

The commission shall annually submit a financial report and informational budget to the secretary of agriculture and natural resources in accordance with § 4-7-7.2 . Accounts of the commission are subject to annual audit by the auditor general.

Source: SL 1993, ch 302, § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-24A-16 — SD Code / Title 38 / Chapter 24A / Section 38-24A-16
Compensation for uninfested articles destroyed
Status: in_force

The owner of any property destroyed or ordered to be treated or otherwise disposed of under this chapter may, in an action against this state in the appropriate court for the county in which he resides or the property was located, recover just compensation for any property so destroyed and the reasonable costs of disposal of any property ordered destroyed, if he establishes that the property was not a pest, host, or infested article.

Source: SL 1971, ch 220, § 7.
S.D. Codified Laws § 38-12A-6 — SD Code / Title 38 / Chapter 12A / Section 38-12A-6
Label required for containers of tree and shrub seeds--Contents--Exception
Status: in_force

Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached hereto in a conspicuous place a plainly written or printed label or tag, giving the following information. However, labeling of tree and shrub seed supplied under contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or on the invoice if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling:

(1) Common name of the species of seed and subspecies, if appropriate;

(2) The scientific name of the genus and species and subspecies, if appropriate;

(3) Lot number or other lot identification;

(4) Origin;

(a) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as state or county;

(b) For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand or state "origin not indigenous";

(5) Purity as a percentage of pure seed by weight;

(6) For those species for which standard germination testing procedures are prescribed by the secretary pursuant to § 38-12A-20 , the following:

(a) Percentage germination exclusive of hard and dormant seed;

(b) Percentage of hard and dormant seed, if present;

(c) The calendar month and year the test was completed to determine such percentages.

In lieu of germination information the seed may be labeled "Test is in process, results shall be supplied upon request";

(7) For those species for which standard germination testing procedures have not been prescribed, the calendar year in which the seed was collected;

(8) The name and address of the seedsman or seed producer who labeled the seed.

Source: SL 1988, ch 314, § 6.
S.D. Codified Laws § 38-10-2 — SD Code / Title 38 / Chapter 10 / Section 38-10-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Commercial channels," the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat;

(2) "Commission" or "wheat commission," the Wheat Utilization, Research and Market Development Commission;

(3) "First purchaser," any person, public or private corporation, or partnership buying, accepting for shipment (either in state or out of state), or otherwise acquiring the property in or to wheat from a grower. The term includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, if the actual or constructive possession of the wheat is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim;

(4) "Grower," anyone personally engaged in growing wheat, including both the owner and tenant jointly, a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and any other business units, devices, and arrangements;

(5) "Participating grower," a grower who has not requested a refund from the payment of the promotional fee for the past three years; and

(6) "Net market price," the sale price received by a grower for wheat after adjustment for any premium or discount based on grading or quality factors.

Source: SL 1961, ch 11, § 3; SL 1993, ch 302, § 1; SL 1994, ch 351, § 90; SL 2014, ch 193, § 1.
S.D. Codified Laws § 38-8A-22 — SD Code / Title 38 / Chapter 8A / Section 38-8A-22
Dust blowing and soil erosion--Owner or operator to prevent
Status: in_force

The owner or operator of real property in this state shall prevent dust blowing and soil erosion, as nearly as can be done, by practices which will prevent or minimize blowing dust and erosion of the soil. If dust blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil.

Source: SL 1984, ch 263, § 1.
S.D. Codified Laws § 38-8-95 — SD Code / Title 38 / Chapter 8 / Section 38-8-95
Referendum on dissolution of district valid despite informalities
Status: in_force

No informalities in the conduct of a referendum pursuant to § 38-8-92 or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in subdivision 38-7-2(5) and said referendum shall have been fairly conducted.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6.
S.D. Codified Laws § 38-12A-25 — SD Code / Title 38 / Chapter 12A / Section 38-12A-25
Appointment of committee members--Election of chairman and secretary
Status: in_force

The secretary shall appoint an arbitration committee composed of five members and five alternate members.

One member and one alternate member shall be appointed upon recommendation of each of the following:

(1) Director of extension at South Dakota State University;

(2) Director of the agriculture experiment station at South Dakota State University;

(3) President, South Dakota Seed Trade Association;

(4) President, a farmer organization as the secretary may determine to be appropriate;

(5) Secretary, Department of Agriculture and Natural Resources.

Each member and alternate shall continue to serve until replaced by the secretary. Each alternate member shall serve only in the absence of the member for whom he is an alternate. The committee shall elect a chairman and a secretary from its membership. The chairman shall conduct all meetings and deliberations held by the committee and direct all other activities of the committee. The secretary shall keep accurate and correct records on all meetings and deliberations and perform other duties for the committee as directed by the chairman.

Source: SL 1988, ch 314, § 24; SL 1989, ch 30, § 66A; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-32 — SD Code / Title 38 / Chapter 22 / Section 38-22-32
Department assisting boards--Agreements with federal agencies--Employment and purchases authorized
Status: in_force

The Department of Agriculture and Natural Resources may assist, advise, and coordinate the county weed and pest boards. The secretary of agriculture and natural resources may enter into cooperative agreements with any state or federal agency to accomplish the purposes of this chapter, and he may employ such assistance and purchase such supplies and equipment as may be necessary.

Source: SL 1983, ch 282, § 48; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-23.9 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.9
Powers of board
Status: in_force

The county weed and pest board may:

(1) Employ administrative personnel and determine duties and conditions of employment;

(2) Coordinate activities with state and federal agencies and enter into cooperative agreements, including agreements entered into pursuant to chapter 1-24 ;

(3) Control and disburse money received from any source, including state and federal agencies;

(4) Secure and maintain bonds or liability insurance.

Source: SL 1983, ch 282, § 34.
S.D. Codified Laws § 38-29-7.1 — SD Code / Title 38 / Chapter 29 / Section 38-29-7.1
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 soybeans grown or 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) The requirements governing grants and loans made pursuant to § 38-29-7 , including eligibility requirements and requirements for application, awards, and administration.

Source: SL 1986, ch 326, § 59; SL 1995, ch 233, § 2.
S.D. Codified Laws § 38-29-6 — SD Code / Title 38 / Chapter 29 / Section 38-29-6
Checkoff fees deposited into special fund--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 soybean research and promotion council. Expenditures of these funds shall be made in accordance with the provisions of Title 4.

Source: SL 1984, ch 267, § 6.
S.D. Codified Laws § 38-19-18 — SD Code / Title 38 / Chapter 19 / Section 38-19-18
Fertilizer deemed adulterated
Status: in_force

For the purposes of this chapter, a commercial fertilizer is deemed to be adulterated:

(1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown on the label;

(2) If its composition falls below or differs from that which it is purported to possess by its labeling;

(3) If it contains unwanted crop seed or weed seed; or

(4) If it contains any deleterious or harmful ingredient in sufficient amount that, if the product is used in accordance with label instructions, it renders the commodity that is derived from the treated crop injurious to humans, wildlife, livestock, or the environment or renders the commodity unsaleable.

Source: SL 1949, ch 85, § 6; SDC Supp 1960, § 22.1706 (1); SL 1982, ch 281, § 21; SL 2001, ch 215, § 14.
S.D. Codified Laws § 38-19-2.1 — SD Code / Title 38 / Chapter 19 / Section 38-19-2.1
Commercial fertilizer distribution license required--Fee--Penalty for violation--Notice
Status: in_force

No person whose name appears on the label of a commercial fertilizer or who manufactures or mixes a commercial fertilizer in this state may distribute that fertilizer until the person has obtained a distribution license from the secretary of agriculture and natural resources. A distribution license is required for each location where commercial fertilizer is manufactured or mixed. The license may be granted only after payment of a fee of twenty - five dollars by the licensee. Each license expires on the thirty - first day of December of the year after the date of issuance. Any distribution license application for renewal received after the thirty - first day of January of any year shall be assessed a late payment fee equal to the original license fee, which shall be added to the original fee and shall be paid by the applicant before the renewal license is issued. Any person who fails to obtain the proper license is subject to a civil penalty not to exceed one thousand dollars per violation. Notice shall be given by registered mail prior to the imposition of any civil penalty.

Source: SL 1982, ch 281, § 2; SL 1987, ch 286; SL 2001, ch 215, § 8; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-21-20 — SD Code / Title 38 / Chapter 21 / Section 38-21-20
Qualified applicants--Issuance of license--Denial of application
Status: in_force

If the secretary finds the applicant qualified to apply pesticides in the classifications for which the applicant applied, after such examinations as the secretary shall require by regulation, and if the applicant applying for a license to engage in aerial application of pesticides has met all the requirements of the Federal Aviation Agency, the Aeronautics Commission of this state, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the secretary shall issue an applicator's license limited to the classifications for which the applicant is qualified. The secretary may deny any application for any applicator's license if the secretary finds that the applicant has violated any provisions of this chapter.

Source: SL 1974, ch 255, § 9; SL 1976, ch 245, § 3; SL 2020, ch 173, § 38.
S.D. Codified Laws § 38-21-39.2 — SD Code / Title 38 / Chapter 21 / Section 38-21-39.2
Sale of restricted-use pesticide to unlicensed person--Misdemeanor--Civil penalty
Status: in_force

No pesticide dealer may sell a restricted - use pesticide to any person who is not licensed under this chapter. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Any pesticide dealer is responsible for acts committed by the pesticide dealer's officers, agents, or employees under the civil penalty provisions of this section.

Source: SL 1988, ch 316, § 3; SL 2020, ch 173, § 52.
S.D. Codified Laws § 38-27-6 — SD Code / Title 38 / Chapter 27 / Section 38-27-6
Compensation of members
Status: in_force

Compensation for the oilseeds council shall be paid pursuant to § 4-7-10.4 . The compensation of the secretary shall be paid by funds of the Department of Agriculture and Natural Resources.

Source: SL 1980, ch 273, § 6; SL 1982, ch 17, § 31; SL 1989, ch 346, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-20 — SD Code / Title 38 / Chapter 22 / Section 38-22-20
Entry by state personnel not deemed trespass--Crop damage not assessed
Status: in_force

The entrance by an agent or employee of the secretary of agriculture and natural resources, county or supervisor, upon property, in performing his duties, pursuant to this chapter, does not constitute trespass, nor may damage be assessed against the state, the secretary, his agents or employees, the county, or any supervisor doing weed or pest control work.

Source: SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 22; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-36 — SD Code / Title 38 / Chapter 22 / Section 38-22-36
Funds for weed and pest control fund
Status: in_force

The commission may accept gifts, grants, contracts, or other funds designated for weed and pest management. Such funds shall be deposited in the weed and pest control fund and may be expended pursuant to § 38-22-38 .

Source: SL 1989, ch 345, § 4.
S.D. Codified Laws § 38-19-14 — SD Code / Title 38 / Chapter 19 / Section 38-19-14
Fertilizer fund--Administration--Expenditures
Status: in_force

Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the fertilizer 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 fertilizer program and to provide funding for fertilizer-related, nutrient-related, and water quality-related research and education-related purposes as provided in § 38-19-49 . 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 1949, ch 85, § 4; SDC Supp 1960, § 22.1704 (4); SL 1993, ch 304, § 2; SL 2016, ch 201, § 3.
S.D. Codified Laws § 38-10-7 — SD Code / Title 38 / Chapter 10 / Section 38-10-7
Terms of office of appointive members of commission--Vacancies
Status: in_force

As the terms of office of appointees to the wheat commission expire, their successors shall be appointed by the Governor for a term of three years. Each member shall hold office until their successors are appointed and qualified. A member appointed to fill a vacancy occurring before the expiration of the term of a member separated from the commission for any cause, shall be appointed for the remainder of the term of the member whose office has been so vacated. No member may serve for more than four consecutive terms.

Source: SL 1961, ch 11, § 5; SL 1993, ch 302, § 7.
S.D. Codified Laws § 38-1-36 — SD Code / Title 38 / Chapter 1 / Section 38-1-36
Cooperation in protection of fish and game
Status: in_force

The Department of Agriculture and Natural Resources shall have power to cooperate with the Department of Game, Fish and Parks of the State of South Dakota in the protection, preservation, propagation, and distribution of fish, game, and wild animals.

Source: SDC 1939, § 4.0104 (7); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-10-24 — SD Code / Title 38 / Chapter 10 / Section 38-10-24
Fee applicable to wheat stored or sold outside state--Collection from grower
Status: in_force

The fee established pursuant to § 38-10-22 , shall be deducted, as provided by this chapter, whether such wheat is stored or sold in this or any other state. However, if agreements have not been made with dealers outside of the state for collecting the fee, the grower shall remit the fee to the wheat commission, as provided in administrative rules promulgated pursuant to chapter 1-26 on all wheat so sold by him outside the state.

Source: SL 1961, ch 11, § 13; SL 1993, ch 302, § 13.
S.D. Codified Laws § 38-8-93 — SD Code / Title 38 / Chapter 8 / Section 38-8-93
Timing of referendum on dissolution of district
Status: in_force

The elections held under § 38-8-92 shall be conducted at the next general election.

Source: SL 1959, ch 3, § 7; SDC Supp 1960, § 4.1507-1; SL 1994, ch 316, § 29.
S.D. Codified Laws § 38-8-32 — SD Code / Title 38 / Chapter 8 / Section 38-8-32
Determination of administrative practicability and feasibility of boundary adjustments--Factors considered--Notice to districts
Status: in_force

After hearing pursuant to § 38-8-31 , the State Conservation Commission shall determine whether the operation of the said districts within the proposed new boundaries would be administratively practicable and feasible. In making such determination, the commission shall give consideration to the standards provided in this chapter relative to the organization of districts; if, after such hearing, the commission determines in favor of the proposed change of boundaries, it shall notify the chairmen of the governing bodies of the districts of its determination.

Source: SDC 1939, § 4.1517 (2) as enacted by SL 1947, ch 13.
S.D. Codified Laws § 38-8-24.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-24.1
Petition for referendum on organization of district--Commission action on petition
Status: in_force

Any time within sixty days after the hearing and determination by the State Conservation Commission pursuant to §§ 38-8-23 and 38-8-24 , the commission shall act upon the petition in accordance with procedures prescribed in this chapter for organization of a district.

Source: SDC 1939, § 4.1517 (1) as enacted by SL 1968, ch 1, § 13; SL 1969, ch 6, § 1; SL 1994, ch 316, § 14.
S.D. Codified Laws § 38-8-33 — SD Code / Title 38 / Chapter 8 / Section 38-8-33
Application to secretary of state for certificate evidencing boundary changes--Accompanying statement by state commission--Issuance of certificate
Status: in_force

Upon determination by the State Conservation Commission in favor of a proposed change of district boundaries, the chairmen of the governing bodies of the districts shall present to the secretary of state an application, signed by them for a certificate evidencing the change of boundary. The application shall be accompanied by a statement by the commission certifying that the boundary between the districts has been changed in accordance with the procedures prescribed in §§ 38-8-30 to 38-8-32 , inclusive, and setting forth the new boundary line. When the application and statement have been filed with the secretary of state, the change of boundary shall be deemed effective and the secretary of state shall issue to the supervisors of each of the districts a certificate evidencing the change of boundary.

Source: SDC 1939, § 4.1517 (2) as enacted by SL 1947, ch 13.
S.D. Codified Laws § 38-8-53.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-53.1
Conservation district special revenue fund available for loans to watershed districts
Status: in_force

The conservation district special revenue fund shall be made available to watershed districts of the state on a reimbursable basis, by watershed districts participating in such special revenue funds, for the purpose of obtaining options, easements and rights - of - way for watershed development. Such loans shall be in accordance with rules and regulations prescribed by the State Conservation Commission and shall be expended upon vouchers approved by the commission or its delegated representative.

Source: SDC Supp 1960, § 4.1519 as added by SL 1969, ch 7.
S.D. Codified Laws § 38-22-7 — SD Code / Title 38 / Chapter 22 / Section 38-22-7
Formulation of weed and pest program
Status: in_force

The South Dakota Weed and Pest Control Commission shall formulate a weed and pest program for the prevention, suppression, control, and eradication of weeds and pests in South Dakota.

Source: SL 1945, ch 349, § 3; SL 1949, ch 437; SDC Supp 1960, § 62.0303; SL 1983, ch 282, § 8.
S.D. Codified Laws § 38-24B-22 — SD Code / Title 38 / Chapter 24B / Section 38-24B-22
Seller to furnish documents showing point of origin of stock--Violation as misdemeanor
Status: in_force

Any person selling nursery stock, decorative plants, annual plants, sod, or related plant products in this state shall, if requested, furnish the Department of Agriculture and Natural Resources with copies of his order forms, contracts, invoices, and agreements which would verify the point of origin of 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, § 22; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-22.1 — SD Code / Title 38 / Chapter 22 / Section 38-22-22.1
Responsibility for weed and pest control
Status: in_force

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

Source: SL 1998, ch 248, § 1.
S.D. Codified Laws § 38-35-23 — SD Code / Title 38 / Chapter 35 / Section 38-35-23
Prohibition on industrial hemp and marijuana being commingled
Status: in_force

No industrial hemp may be grown, stored, or transported concurrently with marijuana. A violation of this section is a Class 2 misdemeanor.

Source: SL 2022, ch 155, § 18, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-24B-15 — SD Code / Title 38 / Chapter 24B / Section 38-24B-15
Importation of plants--Certificate or copy to be attached--Violation as misdemeanor
Status: in_force

Any person who engages in the selling and shipping of nursery stock, decorative plants, annual plants, or sod into this state or the selling and shipping of nursery stock out of this state shall attach to the bill of lading or to the outside of each package, box, bale, or carload lot so shipped or delivered, a tag or poster on which appears an exact copy of his valid certification of inspection. The use of tags or posters bearing an invalid or altered certificate or the misuse of any valid certificate or tag is unlawful. To accommodate multiple shipments, the certificate may be reproduced or an unlike copy, approved by the department, may be used. A violation of this section is a Class 2 misdemeanor.

Source: SL 1985, ch 313, § 15.