S.D. Codified Laws § 38-17-16 — SD Code / Title 38 / Chapter 17 / Section 38-17-16
Priority of threshers' and processors' liens
Status: in_force

Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain, if filed within thirty days from the day on which the harvesting, threshing, shelling, or other processing was completed.

Source: SL 1901, ch 174, § 2; RCCivP 1903, § 738; RC 1919, § 1684; SL 1921, ch 281, § 2; SL 1931, ch 175, § 2; SDC 1939, § 39.1303; SL 1995, ch 231.Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain threshed or combined; corn shelled, husked or shredded; silage cut; seeds hulled; or agricultural products baled, mowed, ground, raked, or pulverized, if filed within sixty days from the day on which the processing of the crop was completed.

A lien created under §§ 38-17-14 to 38-17-18 , inclusive, must be treated as an agricultural lien, as provided in chapter 57A-9 , and may be enforced in the manner and form provided for the enforcement of secured transactions, except that the action to enforce the lien must be commenced within sixty days after the filing of the financing statement.

If the lien claimant does not commence an action to enforce the lien within sixty days of filing the financing statement, the lien is terminated, and the person for whom the processing was done may cause the financing statement to be expunged from the record by filing a termination statement, together with a sworn statement that no action to enforce the lien has been commenced within sixty days of the filing of the lien claimant's financing statement.

The fee for filing, amending, or releasing the lien is as set forth in § 57A-9-525 .

The provisions of § 54-13-10 do not apply to liens created under §§ 38-17-14 to 38-17-18 , inclusive.

Source: SL 1901, ch 174, § 2; RCCivP 1903, § 738; RC 1919, § 1684; SL 1921, ch 281, § 2; SL 1931, ch 175, § 2; SDC 1939, § 39.1303; SL 1995, ch 231; SL 2025, ch 166, § 4, eff. Jan. 1, 2027; SL 2026, ch 165, §§ 4, 6, eff. July 1, 2027.
S.D. Codified Laws § 38-7-1 — SD Code / Title 38 / Chapter 7 / Section 38-7-1
Policy of state--Purposes of chapters38-7and38-8
Status: in_force

It is declared to be the policy of this state, and within the scope of this chapter and chapter 38-8 , to:

(1) Provide for conservation of the natural resources of this state;

(2) Provide for the control and prevention of soil erosion;

(3) Provide for the prevention of floodwater and sediment damages; and

(4) Provide for furthering the conservation, development, utilization, and disposal of water to:

(a) Preserve natural resources;

(b) Control floods;

(c) Prevent the impairment of dams and reservoirs;

(d) Assist in maintaining the navigability of rivers and harbors;

(e) Preserve wildlife habitat;

(f) Promote soil health principles and practices;

(g) Protect the tax base;

(h) Protect public lands; and

(i) Protect and promote the health, safety, and general welfare of the people of this state.

Source: SL 1937, ch 19, § 2; SDC 1939, § 4.1501; SL 1957, ch 4, § 1; SL 2024, ch 166, § 3.
S.D. Codified Laws § 38-8-51 — SD Code / Title 38 / Chapter 8 / Section 38-8-51
Advice and consultation with political subdivision governing bodies
Status: in_force

The supervisors of a conservation district may invite the governing body of any political subdivision of this state located near or within the territory comprising the district to designate a representative to advise and consult with the board on all questions of program and policy which may affect the property, water supply, or otherwise be of interest to such subdivisions.

Source: SL 1937, ch 19, § 7; SDC 1939, § 4.1509; SL 1947, ch 12; SL 1953, ch 7, § 3; SDC Supp 1960, § 4.1509 (4); SL 1968, ch 1, § 9.
S.D. Codified Laws § 38-8-3 — SD Code / Title 38 / Chapter 8 / Section 38-8-3
Factors considered in hearing on petition for organization of district
Status: in_force

In making the determination required by § 38-8-4 and in defining the boundaries of a conservation district, the State Conservation Commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land - use practices, the desirability and necessity of including within the boundaries the particular lands under consideration, and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions to other conservation districts, already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative policy set forth in § 38-7-1 .

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (2).
S.D. Codified Laws § 38-29-9 — SD Code / Title 38 / Chapter 29 / Section 38-29-9
Collection of assessment
Status: in_force

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

Source: SL 1984, ch 267, § 9; SL 1985, ch 314, § 10.
S.D. Codified Laws § 38-21-33.1 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.1
Pesticide dealer--Unlicensed operation--Misdemeanor--Civil penalty
Status: in_force

No person may act as a pesticide dealer or advertise as a pesticide dealer at any time without first obtaining a pesticide dealer's license issued by the secretary. 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.

Source: SL 1975, ch 251, § 4; SL 1977, ch 190, § 328; SL 1987, ch 287, § 5; SL 2001, ch 215, § 22; SL 2020, ch 173, § 42.
S.D. Codified Laws § 38-24A-17 — SD Code / Title 38 / Chapter 24A / Section 38-24A-17
Violation as misdemeanor--Civil liability for damages
Status: in_force

Any person who violates any of the provisions of this chapter or who alters, forges, counterfeits, or uses without authority any certificate or permit or other document provided for in this chapter or in the rules of the secretary of agriculture and natural resources provided for in this chapter, is guilty of a Class 1 misdemeanor. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter.

Source: SL 1971, ch 220, § 10; SL 1977, ch 190, § 345; SL 2001, ch 218, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-10-34 — SD Code / Title 38 / Chapter 10 / Section 38-10-34
Application for refund of fee erroneously collected--Time for refund--Waiver by failure to file claim
Status: in_force

Any person, firm, or corporation subject to the fee provided in this chapter that objects to the collection of the fee may, within sixty days following the collection, apply to the wheat commission for a refund of the fee. Upon the return of the refund application, accompanied by a true, legible record of the invoices delivered by the purchaser to the grower, the commission shall, within thirty days, refund the net amount of the fee collected to the grower. If no request for refund has been made within sixty days after the collection of the fee, the grower shall be conclusively presumed to have agreed to the deduction.

Source: SL 1961, ch 11, § 17; SL 1985, ch 309, § 2; SL 1990, ch 318, § 4.
S.D. Codified Laws § 38-34-6 — SD Code / Title 38 / Chapter 34 / Section 38-34-6
Pulse crops fund--Collection and expenditure of funds
Status: in_force

Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the pulse crops fund. Expenditures of these funds shall be made in accordance with the provisions of chapter 4-7 .

Source: SL 2005, ch 214, § 6.
S.D. Codified Laws § 38-1-37 — SD Code / Title 38 / Chapter 1 / Section 38-1-37
Cooperation and coordination with other departments--Preventing duplication of effort
Status: in_force

The secretary of agriculture and natural resources shall furnish such cooperation, coordination, data, and information to other departments, subdivisions, or officers of the state government as may promote the most efficient administration of the state government as a whole and as may tend to prevent duplication of effort and expense in administration of such government, and he shall have the right to require the same for such purposes from other departments, subdivisions, or officers of the state government.

Source: SL 1925, ch 115, ch I, art I, §§ 12, 13; SDC 1939, § 4.0103; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-11-4 — SD Code / Title 38 / Chapter 11 / Section 38-11-4
Meetings of board
Status: in_force

The State Seed Certification Board shall hold its meetings at such times and places as it designates. The board shall hold at least one, but not more than four regular meetings each year, including the annual meeting. At the annual meeting the president, vice-president, and secretary shall be elected for the ensuing year. The president of the board may call special meetings whenever the president judges it necessary.

Source: SL 1947, ch 18, § 2; SDC Supp 1960, § 4.10B02; SL 2006, ch 205, § 3.
S.D. Codified Laws § 38-18-5 — SD Code / Title 38 / Chapter 18 / Section 38-18-5
Registration of apiary--Fees
Status: in_force

Any person registering an apiary pursuant to § 38-18-3 shall pay a registration fee of sixteen dollars per permanent location and forty dollars per temporary location.

Source: SDC Supp 1960, § 4.1104 as enacted by SL 1963, ch 4; SL 1965, ch 5; SL 1975, ch 249; SL 1976, ch 243, § 5; SL 1983, ch 27, § 5; SL 1986, ch 330, § 8; SL 2001, ch 215, § 4; SL 2023, ch 144, § 1.
S.D. Codified Laws § 38-10-1 — SD Code / Title 38 / Chapter 10 / Section 38-10-1
Policy of state
Status: in_force

It is hereby declared to be the public policy of the State of South Dakota to protect and foster the health, prosperity, and general welfare of its people by protecting and stabilizing the wheat industry and the economy of the areas producing wheat. The wheat commission established by § 38-10-3 shall be the agency of the State of South Dakota for such purpose.

Source: SL 1961, ch 11, § 9.
S.D. Codified Laws § 38-10-22 — SD Code / Title 38 / Chapter 10 / Section 38-10-22
Promotional fee on wheat sold through commercial channels--Collection from first purchaser
Status: in_force

There is hereby assessed a promotional fee of four-tenths of one percent of the value of the net market price per bushel upon all wheat sold through commercial channels in the State of South Dakota. The fee shall be assessed and imposed on the grower at the time of sale or delivery, and shall be collected and remitted by the first purchaser in the manner described by the commission pursuant to administrative rules promulgated pursuant to chapter 1-26 . No wheat is subject to the fee more than once.

Source: SL 1961, ch 11, § 11; SL 1979, ch 264, § 1; SL 1985, ch 309, § 1; SL 1988, ch 311; SL 1990, ch 318, § 1; SL 2005, ch 210, § 1; SL 2014, ch 193, § 2.
S.D. Codified Laws § 38-22-23.13 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.13
Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution
Status: in_force

If the suspected area is found to contain weeds or pests, the county weed and pest board, by resolution adopted by a majority of its members, shall confirm such fact and set forth minimum remedial requirements for control of the area. The board shall mail, by certified mail, to the address of the landowner, a copy of the resolution, a statement of the approximate cost of fulfilling the requirements, and a request that the requirements contained in the resolution be carried out at the owner's expense within a designated period of time. When the board is satisfied that the requirements have been met, the board shall terminate the resolution and file a copy of the termination with the register of deeds.

Source: SL 1983, ch 282, § 38; SL 2005, ch 213, § 1.
S.D. Codified Laws § 38-12A-23 — SD Code / Title 38 / Chapter 12A / Section 38-12A-23
Filing of complaint against seedsman, seed producer, or seed dealer--Time limitation--Filing of answer
Status: in_force

The consumer shall make a signed complaint against the seedsman, seed producer, or seed dealer alleging that damages may have been sustained. The consumer shall file the complaint with the secretary and shall send a copy of the complaint to the seedsman, seed producer, or seed dealer by United States registered mail. Except in case of seed which has not been planted the claim shall be filed within such time as to permit effective inspection of the plants under field conditions. Within five working days after receipt of a copy of complaint, the seedsman, seed producer, or seed dealer shall file with the secretary his answer to the complaint and send a copy to the consumer by United States registered mail.

Source: SL 1988, ch 314, § 22.
S.D. Codified Laws § 38-20A-11 — SD Code / Title 38 / Chapter 20A / Section 38-20A-11
Registration not a defense
Status: in_force

In no event may registration of a pesticide be construed as a defense for the commission of any offense prohibited under the provisions of §§ 38-20A-26 to 38-20A-29 , inclusive.

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (4); SDCL, § 39-19-11; SL 1983, ch 281, § 6; SL 2020, ch 173, § 7.
S.D. Codified Laws § 38-32-6 — SD Code / Title 38 / Chapter 32 / Section 38-32-6
Notice of subsequent elections
Status: in_force

Notice of subsequent elections for directors of the council in a district shall be given by the council by publication in a newspaper of general circulation in the district and in any other reasonable manner as may be determined by the council. More than one notice may be published, but at least one notice shall be published at least seven days, but no more than twenty - one days before the election. Any notice shall set forth the period of time for voting, voting places, provision for absentee balloting, and such other information as the council may deem necessary.

Source: SL 1988, ch 318, § 6; SL 1991, ch 328, § 2.
S.D. Codified Laws § 38-18-35 — SD Code / Title 38 / Chapter 18 / Section 38-18-35
Promulgation of rules for honey industry fund
Status: in_force

The department may promulgate rules pursuant to chapter 1-26 concerning:

(1) The procedures for obtaining a declaratory ruling;

(2) The procedures for collecting assessments for bee locations;

(3) The procedures for collecting delinquent assessments;

(4) The record - keeping and reporting requirements of honey producers or beekeepers with bee locations within the state.

Source: SL 1991, ch 324, § 5.
S.D. Codified Laws § 38-8-12 — SD Code / Title 38 / Chapter 8 / Section 38-8-12
Publication of referendum results--Determination and recording of administrative practicability and feasibility
Status: in_force

The Division of Resource Conservation and Forestry shall publish the result of such referendum and the State Conservation Commission shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the commission shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and the Division of Resource Conservation and Forestry shall proceed with the organization of the district in the manner provided in §§ 38-8-15 to 38-8-17 , inclusive.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SL 1959, ch 3, § 4; SDC Supp 1960, § 4.1507 (5).
S.D. Codified Laws § 38-8-2 — SD Code / Title 38 / Chapter 8 / Section 38-8-2
Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory
Status: in_force

Within sixty days after a petition under § 38-8-1 has been filed with the commission, the commission shall publish a notice as defined in § 38-7-2 of a hearing upon the question of the:

(1) Desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of a conservation district;

(2) Appropriate boundaries to be assigned to the district; and

(3) Propriety of the petition and other proceedings taken under this chapter.

Any interested party may attend the hearing and be heard. If it appears at the hearing that it may be desirable to include within the proposed district territory outside of the area within which the notice of the hearing has been given, the hearing shall be adjourned. The commission shall publish a notice pursuant to § 38-7-2 of further hearing that shall be conducted for the entire area considered for inclusion in the district.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (2); SL 1994, ch 316, § 2; SL 2018, ch 240, § 4.
S.D. Codified Laws § 38-17-11 — SD Code / Title 38 / Chapter 17 / Section 38-17-11
Filing of federal seed lien with register of deeds--Contents of notice
Status: in_force

The lien of the United States or its agency is perfected by filing, in like manner as similar lien notices or accounts are filed under § 38-17-5 , in the office of the register of deeds of the county in which the seed is to be planted, a notice in writing, verified by the oath of the officer, agent, or representative of the government or agency thereof furnishing the seed or making the loan. The notice shall include: the kind, quantity, and value of the seed furnished or the amount of money loaned; the name of the person to whom the seed was furnished or the money loaned; and a description of the land which the seed has been or is to be sown or planted.

Source: SL 1935, ch 143, § 2; SDC 1939, § 39.1205; SL 2018, ch 241, § 10.
S.D. Codified Laws § 38-21-33.6 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.6
Denial, suspension, or revocation of dealer's license--Hearing
Status: in_force

A pesticide dealer's license is subject to denial, suspension, or revocation after a hearing, pursuant to chapter 1-26 , for any violation of this chapter if the violation was committed by the dealer, or by the dealer's officer, agent, or employee.

Source: SL 1975, ch 251, § 8; SL 2020, ch 173, § 46.
S.D. Codified Laws § 38-19-15 — SD Code / Title 38 / Chapter 19 / Section 38-19-15
Labels required for fertilizer in containers--Contents
Status: in_force

Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

(1) Net weight;

(2) Brand and grade;

(3) Guaranteed analysis;

(4) The source or sources from which the nitrogen phosphorus and potassium are derived; and

(5) Name and address of licensee or registrant.

Source: SL 1949, ch 85, § 5; SDC Supp 1960, § 22.1705 (1); SL 1982, ch 281, § 19; SL 2015, ch 203, § 16.
S.D. Codified Laws § 38-12A-7 — SD Code / Title 38 / Chapter 12A / Section 38-12A-7
Contents of label for treated seed
Status: in_force

For all named seed which is treated, for which a separate label may be used, the label shall contain:

(1) A word or statement to indicate that the seed has been treated;

(2) The commonly accepted, coined, chemical, or abbreviated generic chemical name of the applied substance;

(3) The caution statement "Do not use for food, feed, or oil purposes" if the treatment or coating is present in an amount that is harmful to human or other vertebrate animals;

(4) In addition, for highly toxic substances, a poison statement or the skull and crossbones symbol shall be shown on the label;

(5) A word or statement describing the purpose for a treatment if the treatment is not of pesticide origin;

(6) The date beyond which the inoculant is no longer considered effective if the seed is treated with an inoculant, listed on the label as "Inoculant expires (month and year)" or wording that conveys the same meaning;

(7) The percentage by weight of coating in each container;

(8) The percentage by weight of pure seed with coating material removed.

The percentage of germination on coated seed shall be labeled on the basis of a determination made on at least four hundred pellets or capsules, whether or not they contain seed.

Source: SL 1988, ch 314, § 7.
S.D. Codified Laws § 38-19-19 — SD Code / Title 38 / Chapter 19 / Section 38-19-19
Sale or distribution of adulterated or misbranded fertilizer as misdemeanor
Status: in_force

It is a Class 2 misdemeanor to sell, distribute, offer, or expose for sale or distribution any commercial fertilizer which is adulterated or misbranded.

Source: SL 1949, ch 85, § 6; SDC Supp 1960, § 22.1706 (3); SL 1977, ch 190, § 324.
S.D. Codified Laws § 38-24A-11 — SD Code / Title 38 / Chapter 24A / Section 38-24A-11
Quarantine violation as misdemeanor
Status: in_force

Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and rules, to remove all possibilities of infestation and damage, in effect at the point of origin, is guilty of a Class 1 misdemeanor.

Source: SL 1971, ch 220, § 10; SL 1977, ch 190, § 344.
S.D. Codified Laws § 38-8-57 — SD Code / Title 38 / Chapter 8 / Section 38-8-57
Annual report filed with county contributing to district--Publication of report
Status: in_force

Any conservation district receiving funds under §§ 38-8-55 and 38-8-56 shall file with the county commissioners an itemized annual financial report within sixty days following the end of the district's fiscal year. Within thirty days of receiving the financial report, the county commissioners shall publish the report in the official county newspaper or newspapers.

Source: SDC 1939, § 12.0617 (15) as added by SL 1963, ch 37; SL 1994, ch 316, § 26.
S.D. Codified Laws § 38-12A-22 — SD Code / Title 38 / Chapter 12A / Section 38-12A-22
Right of seedsman, seed producer, or seed dealer to submit claim to arbitration--Statutes of limitations and legal proceedings tolled
Status: in_force

The seedsman, seed producer, or seed dealer shall also have the right to submit a claim to arbitration if conspicuous language calling attention to the requirement for arbitration is referenced or included on the label or otherwise conspicuously attached or printed on the container. Any applicable statutes of limitation and legal proceedings shall be tolled and stayed pending the outcome of the arbitration proceedings.

Source: SL 1988, ch 314, § 21A.
S.D. Codified Laws § 38-12A-15 — SD Code / Title 38 / Chapter 12A / Section 38-12A-15
Modification, revocation, or refusal to renew permit for violations
Status: in_force

After a hearing conducted pursuant to chapter 1-26 , the department may modify, revoke, or refuse to renew a permit issued under this chapter if the applicant is in violation of or continues to violate any provision of this chapter.

Source: SL 1988, ch 314, § 15.
S.D. Codified Laws § 38-21-18 — SD Code / Title 38 / Chapter 21 / Section 38-21-18
Standards for certification of applicators--Promulgation of rules
Status: in_force

The secretary may promulgate rules, pursuant to chapter 1-26 , to prescribe standards for the certification of all applicators of pesticides. The standards shall relate to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by the individual's certification, and shall relate to the hazards involved. In determining these standards, the secretary shall consider the standards of the federal Environmental Protection Agency.

Source: SL 1974, ch 255, § 6; SL 1986, ch 326, § 43; SL 2020, ch 173, § 37.
S.D. Codified Laws § 38-7-23 — SD Code / Title 38 / Chapter 7 / Section 38-7-23
Accounting and financial reporting procedures by districts
Status: in_force

In addition to the duties and powers conferred upon the Division of Resource Conservation and Forestry, it shall have the duty and power to require proper accounting and financial reporting procedures by conservation districts and to assist in the implementation of these procedures.

Source: SDC 1939, § 4.1506 as added by SL 1968, ch 1, § 4; SL 1975, ch 247, § 2.
S.D. Codified Laws § 38-21-33.2 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.2
Physicians, veterinarians, and pharmacists--Exemption
Status: in_force

Any licensed physician, veterinarian, or pharmacist is exempt from the provisions of § 38-21-33.1 if less than three percent of total sales is derived from the sale of pesticides.

Source: SL 1975, ch 251, § 4; SL 2020, ch 173, § 43.
S.D. Codified Laws § 38-20A-8 — SD Code / Title 38 / Chapter 20A / Section 38-20A-8
Registration--Requirements--Submission contents
Status: in_force

The registrant shall submit to the secretary the complete formula of any pesticide, including the formula's active ingredients. The secretary may also require the registrant to submit the inert ingredients upon request.

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (3); SDCL, § 39-19-8; SL 1983, ch 281, § 5; SL 2020, ch 173, § 5.
S.D. Codified Laws § 38-21-56 — SD Code / Title 38 / Chapter 21 / Section 38-21-56
Notification of pesticide application--Promulgation of rules
Status: in_force

The secretary may promulgate rules, pursuant to chapter 1-26 , to require posting of pesticide application sites and notifying the public or other individuals who may be affected by a pesticide application that has occurred or will occur in the future.

Source: SL 1992, ch 284, § 1; SL 2020, ch 173, § 59.
S.D. Codified Laws § 38-18-16 — SD Code / Title 38 / Chapter 18 / Section 38-18-16
Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees
Status: in_force

If any regulated pest is found to exist in an apiary, the secretary shall issue a written order to the person owning or in charge of the bees that the apiary or regulated pest shall be treated, destroyed or removed in a manner and time specified by the secretary. If the specified actions in the order are not performed, the secretary may destroy the apiary or regulated pest and may claim and utilize or sell all salvageable equipment and bees to recover the costs accrued to the department as a result of the destruction activities.

Source: SL 1909, ch 221, § 2; RC 1919, § 8051; SL 1927, ch 62, § 1; SL 1931, ch 93; SDC 1939, § 4.1102; SL 1947, ch 6, § 3; SL 1959, ch 2, § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243, § 11; SL 1986, ch 330, § 18; SL 1992, ch 280, § 7.
S.D. Codified Laws § 38-8-21 — SD Code / Title 38 / Chapter 8 / Section 38-8-21
Resolution to include additional territory--Effective date
Status: in_force

After giving due consideration to testimony presented at the hearing required by § 38-8-20 , and receiving consent from the governing or administrative body having jurisdiction over such excluded territory, the conservation district supervisors may adopt a resolution including such lands within the district and file a copy of the resolution and notice of hearing with the secretary of state.

The inclusion of such lands within the district will become effective upon filing of said records with the secretary of state.

Source: SL 1964, ch 7.
S.D. Codified Laws § 38-1-3 — SD Code / Title 38 / Chapter 1 / Section 38-1-3
Oath of secretary
Status: in_force

The secretary of agriculture and natural resources shall qualify by taking and filing the constitutional oath of office with the secretary of state.

Source: SL 1921, ch 190, § 1; SL 1925, ch 115, ch I, art I, § 6; SL 1933, ch 58; SDC 1939, § 4.0102; SL 1943, ch 3; SL 2015, ch 203, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-23.2 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.2
Members of county weed and pest board--Number--Terms--Qualifications
Status: in_force

The board of county commissioners shall appoint or provide for the election of a county weed and pest board which shall consist of five or seven members. However, one member shall be a county commissioner appointed by the board of county commissioners. Each member shall serve for a term of three years or until his successor is appointed and qualified. The board of county commissioners may stagger the initial appointments so that the terms of all of the board members do not expire at the same time. Any qualified elector, residing in the board member area he is appointed to represent, is eligible to be a member.

Source: SL 1983, ch 282, § 27.
S.D. Codified Laws § 38-7-13 — SD Code / Title 38 / Chapter 7 / Section 38-7-13
Record of proceedings kept by division
Status: in_force

The Division of Resource Conservation and Forestry shall keep full and accurate records of all proceedings and of all resolutions, rules, and regulations, and orders issued or adopted.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1504; SL 1963, ch 6; SL 1968, ch 1, § 3; SL 1975, ch 247, § 1; SL 1982, ch 15, § 7.
S.D. Codified Laws § 38-20A-35 — SD Code / Title 38 / Chapter 20A / Section 38-20A-35
Exemption of pesticide packed for export--Provisions applicable if not exported
Status: in_force

No pesticide is in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of the chapter apply.

Source: SL 1947, ch 99, § 8; SDC Supp 1960, § 22.12A08 (2); SDCL, § 39-19-35; SL 2020, ch 173, § 20.
S.D. Codified Laws § 38-8-31 — SD Code / Title 38 / Chapter 8 / Section 38-8-31
Notice and hearing on boundary adjustment between districts
Status: in_force

Within thirty days after a petition has been filed pursuant to § 38-8-30 , the commission shall provide due notice as defined in § 38-7-2 of a public hearing upon the question of the proposed change of boundary. Any interested person may attend the hearing and be heard.

Source: SDC 1939, § 4.1517 (2) as enacted by SL 1947, ch 13; SL 1994, ch 316, § 17; SL 2018, ch 240, § 5.
S.D. Codified Laws § 38-19-30 — SD Code / Title 38 / Chapter 19 / Section 38-19-30
Inspection and sampling to determine compliance with chapter
Status: in_force

It shall be the duty of the secretary of agriculture and natural resources, who may act through his authorized agents, to inspect and sample commercial fertilizers offered for sale, sold, or distributed within this state at such time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter, and the secretary shall have the further authority to obtain such additional information as he may deem advisable.

Source: SL 1949, ch 85, § 7; SDC Supp 1960, § 22.1707 (1); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-17-9 — SD Code / Title 38 / Chapter 17 / Section 38-17-9
Unauthorized use of seed subject to lien as misdemeanor
Status: in_force

Any person who obtains crop seeds subject to a lien under the provisions of §§ 38-17-3 to 38-17-8 , inclusive, and who uses the seed or any part of the seed without the written consent of the person who furnished the seed for any other purpose, is guilty of a Class 2 misdemeanor.

Source: SL 1887, ch 150, § 6; CL 1887, § 5495; RCCivP 1903, § 736; RC 1919, § 1682; SDC 1939, § 39.9902; SL 1977, ch 190, § 316; SL 1985, ch 310, § 2; SL 2018, ch 241, § 9.
S.D. Codified Laws § 38-19-16 — SD Code / Title 38 / Chapter 19 / Section 38-19-16
Information to accompany bulk shipments--Fertilizer formulated under specifications furnished by consumer
Status: in_force

In the case of bulk shipments, a label stating the information required by § 38-19-15 shall accompany delivery and be supplied to the purchaser at time of delivery in written or printed form. A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the licensee or registrant.

Source: SL 1949, ch 85, § 5; SDC Supp 1960, § 22.1705(2); SL 1982, ch 281, § 20; SL 1986, ch 331, § 3.
S.D. Codified Laws § 38-10-21 — SD Code / Title 38 / Chapter 10 / Section 38-10-21
Commission records kept
Status: in_force

All records of the wheat commission shall be kept at least three years.

Source: SL 1961, ch 11, § 16 (3).
S.D. Codified Laws § 38-35-5 — SD Code / Title 38 / Chapter 35 / Section 38-35-5
Criminal background check--Denial of license for conviction--Licensure exemption
Status: in_force

Each applicant for any license under this chapter, key participant, and landowner, if the applicant is the lessee, shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. A licensed applicant must only submit to a background criminal investigation pursuant to this section once every three years, unless requested by the secretary. Upon application for a license, the department shall submit fingerprints to the division. Upon completion of the criminal background check, the division shall forward to the department all information obtained as a result of the criminal background check. This information must be obtained prior to the licensure of the applicant. All costs or fees associated with the criminal background checks are the responsibility of the applicant. Information provided to the department under this section is confidential, is not public record, and is exempt from the provisions of chapter 1-27 . However, the department may share this information with law enforcement and the Department of Public Safety. Failure to submit to or cooperate with a criminal background check is grounds for denial or revocation of a license. The secretary may deny licensure if any applicant, key participant, or landowner has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years. Licensure under this chapter is not required for employees of the state of South Dakota if performing official duties. Any person who has previously submitted fingerprints to the Division of Criminal Investigation as part of an application under the hemp program is not required to resubmit fingerprints but shall authorize the use of the previously submitted fingerprints for an updated state and federal background check. All costs or fees associated with the criminal background checks are the responsibility of the applicant. The secretary may waive the requirement that landowners submit fingerprints for a state and federal background check if the applicant is unable to have a fingerprint card completed. Other types of background checks may be required in lieu of submitting fingerprints on cards or online.

Source: SL 2020, ch 176, § 5, eff. Mar. 27, 2020; SL 2021, ch 182, § 3, eff. Mar. 25, 2021; SL 2022, ch 155, § 6, eff. Mar. 18, 2022; SL 2024, ch 168, § 3.
S.D. Codified Laws § 38-32-11 — SD Code / Title 38 / Chapter 32 / Section 38-32-11
President and officers--Quorum--Calling of meetings
Status: in_force

The council shall annually elect a president and such other officers as are advisable and necessary to administer this chapter. A majority of voting directors shall constitute a quorum. All meetings of the council shall be called by the president. However, special meetings may be called by three directors of the council. The council shall adopt procedures for the calling of special meetings.

Source: SL 1988, ch 318, § 11; SL 2010, ch 202, § 6.
S.D. Codified Laws § 38-18-28.1 — SD Code / Title 38 / Chapter 18 / Section 38-18-28.1
Restriction on movement of bees and related articles from quarantined area--Promulgation of rules
Status: in_force

The secretary may promulgate rules, pursuant to the provisions of chapter 1-26 , establishing restrictions on movement of bees or any other related article from a quarantined area within or without the state to any other area within or without the state. Such rules shall include standards, which may include procedures for inspection, treatment, disposal, certification, permitting, or assignment of specific traveling routes and locations.

Source: SL 1986, ch 326, § 27.
S.D. Codified Laws § 38-33-10 — SD Code / Title 38 / Chapter 33 / Section 38-33-10
Application for refund
Status: in_force

Within ninety days following the assessment, any seller subject to the assessment provided in §§ 38-33-1 to 38-33-12 , inclusive, may apply to the commission for a refund of the assessment. The refund application shall be accompanied by a copy of the record of the assessment on the sale. The commission shall refund the amount of the assessment collected within sixty days of receiving a valid refund application.

Source: SL 2001, ch 219, § 14.
S.D. Codified Laws § 38-19-12 — SD Code / Title 38 / Chapter 19 / Section 38-19-12
Annual tonnage report--Inspection fees
Status: in_force

Each licensed distributor of commercial fertilizer shall file with the secretary of agriculture and natural resources on forms furnished by the secretary an annual statement for the period ending December thirty-first setting forth the number of net tons of each grade of commercial fertilizer distributed in this state during the reporting period. The report is due on or before the thirty-first of January following the close of the reporting period and on the basis of the statement each licensed distributor of commercial fertilizer shall pay the inspection fee at the rate pursuant to § 38-19-10 . If more than one person is involved in the distribution of a commercial fertilizer, the distributor who imports, manufactures, or produces the commercial fertilizer is responsible for the inspection fee on products produced or brought into this state. The distributor shall separately list the inspection fee on the invoice to the licensee. The last licensee shall retain the invoices showing proof of inspection fees paid for three years and shall pay the inspection fee on commercial fertilizer brought into this state unless the distributor has reported and paid the fees. If the tonnage report is not filed and the payment of inspection fee is not made within thirty days after the end of the period, a collection fee amounting to ten percent of the amount shall be assessed against the licensee and the amount of fees due constitutes a debt and becomes the basis of a judgment against the licensee. However, the minimum inspection fee is ten dollars. The secretary may verify the records on which statements of tonnage are based and each licensed distributor of commercial fertilizer shall grant the secretary permission to verify the records on the licensee's application for license and on each tonnage report. The secretary may revoke or refuse to renew the license of any licensee failing to comply with this section. No information furnished under this section may be disclosed by the secretary or anyone having access to tonnage reports if the disclosure will in any way divulge any part of the operations of a licensee.

Source: SL 1949, ch 85, § 4; SDC Supp 1960, § 22.1704 (1); SL 1982, ch 281, § 17; SL 2001, ch 215, § 36; SL 2015, ch 203, § 15; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19A-19 — SD Code / Title 38 / Chapter 19A / Section 38-19A-19
Analyses of lime or lime sludge compost provided by distributor
Status: in_force

Any distributor of lime or lime sludge, compost as defined in § 38-19-1 , or sewage sludge, as defined in § 38-19-1 , shall make available, upon request, the analyses of any product to the Department of Agriculture and Natural Resources and the end user of the product.

Source: SL 1995, ch 324, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-24A-13 — SD Code / Title 38 / Chapter 24A / Section 38-24A-13
Public notice of large-scale treatment operations
Status: in_force

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

Source: SL 1971, ch 220, § 6; SL 1972, ch 236, § 4.
S.D. Codified Laws § 38-10-14 — SD Code / Title 38 / Chapter 10 / Section 38-10-14
Powers of commission
Status: in_force

In the administration of this chapter, the wheat commission may:

(1) Expend the funds collected pursuant to this chapter;

(2) Appoint, discharge, fix compensation for and prescribe the duties of such personnel as it may deem necessary subject to Bureau of Human Resources and Administration guidelines;

(3) Lease, purchase, own, equip, maintain, operate, and dispose of equipment in the commission office;

(4) Accept donations of funds, property, services, and other assistance from public, private, and other sources for the purpose of aiding and promoting the work and objectives of the commission;

(5) Appoint an attorney who shall act for the commission when needed;

(6) Establish an administrative office for the wheat commission in the State of South Dakota at a place suitable for the furtherance of this chapter.

Source: SL 1961, ch 11, § 10; SL 1993, ch 302, § 10; SL 2012, ch 23, § 99; SL 2013, ch 193, § 3; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 38-7-29 — SD Code / Title 38 / Chapter 7 / Section 38-7-29
Natural resourcesconservation award--Program established--Eligibility--Selection
Status: in_force

The South Dakota natural resources conservation award program is hereby established. Under the program, each conservation district may annually select no more than five residents of the district to receive a natural resources conservation award.

To be eligible for an award, a person must be directly and actively engaged in agricultural production in this state.

In selecting award recipients, the district may consult with the commission and other relevant entities.

Awards must be based upon the recipient's contribution to the preservation and conservation of natural resources in this state, in conjunction with the recipient's agricultural operations.

Source: SL 2008, ch 207, § 1; SL 2024, ch 166, § 10.
S.D. Codified Laws § 38-33-9 — SD Code / Title 38 / Chapter 33 / Section 38-33-9
Appeal and enforcement
Status: in_force

If a purchaser disputes an assessment made under §§ 38-33-1 to 38-33-12 , inclusive, the purchaser may appeal to the commission, which shall conduct a hearing and resolve the matter pursuant to the contested case provisions of chapter 1-26 . If a purchaser fails to remit the assessment provided in §§ 38-33-1 to 38-33-12 , inclusive, the commission may enforce collection in any appropriate court within this state.

Source: SL 2001, ch 219, § 13.
S.D. Codified Laws § 38-21-39 — SD Code / Title 38 / Chapter 21 / Section 38-21-39
Restricted-use pesticide classifications--Promulgation of rules
Status: in_force

For the purpose of uniformity and in order to enter into cooperative agreements, the secretary may promulgate rules, pursuant to chapter 1-26 , adopting restricted - use pesticides classifications as determined by the federal Environmental Protection Agency, to determine state restricted - use pesticides, to restrict the use of certain pesticides, or to disallow the use of certain pesticides within the state or within designated areas of the state.

Source: SL 1974, ch 255, § 3; SL 1986, ch 326, § 47; SL 1991, ch 326, § 14; SL 2020, ch 173, § 50.
S.D. Codified Laws § 38-35-11 — SD Code / Title 38 / Chapter 35 / Section 38-35-11
Promulgation of rules--Fees
Status: in_force

The department shall promulgate rules, pursuant to chapter 1-26 , to:

(1) Establish application, application form, licensure, and renewal procedures;

(2) Establish requirements to prevent the spread of hemp and hemp seeds from licensed land areas and provide for the assessment of costs for the remediation thereof;

(3) Establish criteria and procedures for denial, revocation, or suspension of a license under this chapter;

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

(5) Establish a nonrefundable annual license application fee not to exceed fifty dollars, a non-refundable annual grower license fee not to exceed five hundred dollars, a non-refundable annual research grower license fee not to exceed one hundred dollars, and a non-refundable annual processor license fee not to exceed two thousand dollars;

(6) Establish procedures for the collection of planting and harvest data for each lot;

(7) Establish rules for corrective action for negligent and culpable violations of this chapter;

(8) Establish transportation documentation requirements;

(9) Establish inspection procedures and requirements, a grower inspection fee per lot not to exceed two hundred fifty dollars, a research inspection fee per lot not to exceed two hundred fifty dollars, a remediation fee not to exceed one hundred dollars per hour, and a processor inspection fee per any processor location not to exceed five hundred dollars; and

(10) Establish sampling and testing procedures to determine if the hemp tested and sampled contains the lawful amount of total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent.

Source: SL 2020, ch 176, § 11, eff. Mar. 27, 2020; SL 2022, ch 155, § 11, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-7-20 — SD Code / Title 38 / Chapter 7 / Section 38-7-20
Authority to represent districts--Develop conservation policy--Cooperate with public and private agencies
Status: in_force

The Department of Agriculture and Natural Resources may represent the conservation districts and develop and implement policy for natural resources conservation and development. The department may cooperate at all levels of government, with all agencies, public and private, in the conservation and development of all renewable natural resources.

Source: SDC 1939, § 4.1506 as added by SL 1968, ch 1, § 4; SL 2024, ch 166, § 9.
S.D. Codified Laws § 38-24A-18 — SD Code / Title 38 / Chapter 24A / Section 38-24A-18
Severability of provisions
Status: in_force

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Source: SL 1971, ch 220, § 11.
S.D. Codified Laws § 38-29-2 — SD Code / Title 38 / Chapter 29 / Section 38-29-2
Soybean Research and Promotion Council--Establishment--Members--Terms
Status: in_force

There is hereby established a South Dakota Soybean Research and Promotion Council. The council shall be composed of at least five but no more than nine members who shall be participating growers. The initial members shall be appointed by the secretary of agriculture and natural resources. Any additional members authorized pursuant to this section shall be appointed by the secretary of agriculture and natural resources. The terms of members shall be three years; the initial appointments shall be for staggered terms. However, the secretary shall be an ex officio, nonvoting member of the council.

Source: SL 1984, ch 267, § 2; SL 1992, ch 285, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-28 — SD Code / Title 38 / Chapter 12A / Section 38-12A-28
Investigation by committee--Recommendation--Hearings
Status: in_force

When the secretary refers a complaint to the arbitration committee, the committee shall make a full and complete investigation and report its findings and its recommendation to the secretary and the parties within sixty days of the referral or at a later date as agreed to by the consumer and the seedsman, seed producer or seed dealer. All hearings shall be conducted in the county in which the seed was planted, unless otherwise agreed by the parties.

Source: SL 1988, ch 314, § 27.
S.D. Codified Laws § 38-1-26 — SD Code / Title 38 / Chapter 1 / Section 38-1-26
Cooperation with State Fair Commission
Status: in_force

The Department of Agriculture and Natural Resources shall have power to cooperate with the State Fair Commission in furthering the agricultural interests of the state.

Source: SL 1925, ch 115, ch III, art I, § 2; SDC 1939, § 4.0104 (5); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-9 — SD Code / Title 38 / Chapter 8A / Section 38-8A-9
Transmittal of proposed standards to commission for review
Status: in_force

Upon the development of proposed standards as provided by § 38-8A-6 , such standards shall be forwarded to the State Conservation Commission for review and comment.

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); SDCL, § 38-8-88; SL 1968, ch 1, § 7; SL 1976, ch 242, § 6.
S.D. Codified Laws § 38-1-24 — SD Code / Title 38 / Chapter 1 / Section 38-1-24
Publication of promotional materials--Exhibits
Status: in_force

The secretary of agriculture and natural resources shall prepare, publish, and distribute by mail and otherwise, documents, articles, and advertisements designed to convey information on all matters pertaining to the agricultural, industrial, mining, and other resources and advantages of the state. He may also prepare displays for exhibits of agriculture, horticulture, manufactured, and mineral products of the state.

Source: SL 1925, ch 115, ch III, art IV, § 7; SDC 1939, § 4.0204; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-4 — SD Code / Title 38 / Chapter 8 / Section 38-8-4
Determination of need for district--Establishment of boundaries
Status: in_force

After a hearing pursuant to § 38-8-2 , if the State Conservation Commission shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available that there is need, in the interest of public health, safety, and welfare, for a conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. The territory to be included within such boundaries need not be contiguous.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (2).
S.D. Codified Laws § 38-1-21 — SD Code / Title 38 / Chapter 1 / Section 38-1-21
Department as bureau of statistics--Dissemination of information--Cooperation with other agencies
Status: in_force

The Department of Agriculture and Natural Resources shall also function as a bureau of statistics. It shall have authority to gather and disseminate timely information concerning the supply, demand, prices, and commercial movements of farm products including such as may be held in cold storage. It shall interchange such information with the United States Department of Agriculture and with various farm organizations, both state and local. It shall also cooperate with the secretary of revenue in compiling and distributing a complete list of all crop statistics.

Source: SL 1925, ch 115, ch III, art IV, §§ 2, 6; SDC 1939, § 4.0203; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-37.1 — SD Code / Title 38 / Chapter 19 / Section 38-19-37.1
Secretary to be given copies of labels and labeling
Status: in_force

Each license applicant or licensee shall, upon request of the secretary, furnish copies of labels and labeling in order to permit the secretary to determine compliance with the provisions of this chapter.

Source: SL 2001, ch 215, § 16.
S.D. Codified Laws § 38-22-12 — SD Code / Title 38 / Chapter 22 / Section 38-22-12
Administration of state weed and pest program
Status: in_force

The state weed and pest coordinator shall administer the state weed and pest program formulated by the South Dakota Weed and Pest Control Commission.

Source: SL 1945, ch 349, § 5; SDC Supp 1960, § 62.0305; SL 1983, ch 282, § 14.
S.D. Codified Laws § 38-24A-6 — SD Code / Title 38 / Chapter 24A / Section 38-24A-6
Quarantines and embargoes authorized
Status: in_force

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

Source: SL 1971, ch 220, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-62 — SD Code / Title 38 / Chapter 8 / Section 38-8-62
Administration and management of projects--Acceptance of contributions
Status: in_force

A conservation district and its supervisors may:

(1) Take over, by purchase, lease, or otherwise, and administer any natural resources conservation, flood prevention, and agricultural water management, erosion control, or erosion prevention project located within its boundaries undertaken by the United States or any of its agencies, or of this state or any of its agencies;

(2) Manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any natural resources conservation, flood prevention, and agricultural water management, erosion control, or erosion prevention project, or combinations thereof, within its boundaries;

(3) Act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any natural resources conservation, flood prevention, and agricultural water management, erosion control, or erosion prevention project, or combinations thereof, within its boundaries; and

(4) Accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state, or any of its agencies, or from any other source, and to use or expend such money, services, materials, or other contributions in carrying on its operation.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (6); SL 1957, ch 4, § 6; SL 2015, ch 203, § 10.
S.D. Codified Laws § 38-12A-5 — SD Code / Title 38 / Chapter 12A / Section 38-12A-5
Label required for containers of flower seeds or flower seeds in planting devices--Contents
Status: in_force

Each container of flower seeds or flower seeds in preplanted containers, mats, tapes, or other planting devices which are 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 and variety for each flower seed or a statement of type and performance characteristics. 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 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) The percentage by weight of pure seed, except this may be omitted if that percentage meets standards prescribed by the secretary pursuant to § 38-12A-20 ;

(4) Lot number or other lot identification;

(5) Percentage by weight of all weed seed when present in flower seed;

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

(7) The year for which the seed was packed for sale listed as "Packed for ____," or the month and the year the percentages for germination were determined by test, or an expiration date;

(8) For flower seeds for which standard testing procedures are prescribed and which germinate less than the standard prescribed by the secretary pursuant to § 38-12A-20 , the percentage of germination exclusive of hard and dormant seeds and the words "below standard" in not less that eight - point type;

(9) The name and address of the seedsman or seed producer who labeled the seed;

(10) For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

Source: SL 1988, ch 314, § 5.
S.D. Codified Laws § 38-24B-16 — SD Code / Title 38 / Chapter 24B / Section 38-24B-16
Accepting plants for shipment without certificate prohibited--Carrier to report imported plants without indicia of inspection--Quarantine--Disposition--Violation as misdemeanor
Status: in_force

No person may accept for shipment any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution without a valid certificate affixed to the bill of lading or on the outside of the package, bale, box, or car containing the shipment showing that the contents have been inspected by an official state or federal inspector. In case any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution is shipped into this state from another state or country, without a valid certificate of inspection the fact shall be promptly reported to the Department of Agriculture and Natural Resources by the person carrying that shipment. The secretary of agriculture and natural resources may quarantine such shipment and order it held for inspection. Following inspection, the secretary may direct that the shipment be removed from the state or destroyed pursuant to this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SL 1985, ch 313, § 16; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-9 — SD Code / Title 38 / Chapter 8 / Section 38-8-9
Conduct of election on creation of district--Certification of results
Status: in_force

The conduct of any election held under § 38-8-7 shall be governed by the general election laws of South Dakota. The results of the election shall be certified to the State Conservation Commission by the county commission of each county in which the election is conducted.

Source: SL 1959, ch 3, § 7; SDC Supp 1960, § 4.1507-1; SL 1986, ch 326, § 9; SL 1994, ch 316, § 5.
S.D. Codified Laws § 38-20A-10 — SD Code / Title 38 / Chapter 20A / Section 38-20A-10
Registration of pesticide by secretary
Status: in_force

If it appears to the secretary that the composition of the pesticide warrants the proposed claims for it, and if the pesticide, labeling, and other material required to be submitted meet the requirements in §§ 38-20A-16 to 38-20A-29 , inclusive, the secretary shall register the pesticide.

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (2), (3); SDCL, § 39-19-10; SL 1998, ch 247, § 6; SL 2020, ch 173, § 6.
S.D. Codified Laws § 38-19A-14 — SD Code / Title 38 / Chapter 19A / Section 38-19A-14
Refusal of registration if soil amendment violates chapter or rules--Cancellation for fraud or deceptive practices--Hearing before revocation
Status: in_force

The secretary of agriculture and natural resources may refuse registration of any brand of soil amendment if he shall find the brand of soil amendment violates any section of this chapter or the rules and regulations promulgated pursuant to this chapter. The secretary may cancel the registration of any brand of soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices to evade the provisions of this chapter, or any rules or regulations promulgated thereunder. However, no registration shall be revoked until the registrant shall have been given the opportunity to appear for a hearing.

Source: SL 1976, ch 244, § 15; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-19 — SD Code / Title 38 / Chapter 8 / Section 38-8-19
Petition for inclusion of additional territory--Procedure
Status: in_force

Petitions in a form approved by the State Conservation Commission for including additional territory within an existing conservation district may be filed with the commission, and the proceedings provided for in §§ 38-8-2 to 38-8-18 , inclusive, in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. If two - thirds of the voters registered for the last general election in an area proposed for inclusion or addition to an existing district file a petition with the commission for inclusion, the area shall be included within the district.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SL 1959, ch 3, § 5; SDC Supp 1960, § 4.1507 (8); SL 1994, ch 316, § 11.
S.D. Codified Laws § 38-24B-10 — SD Code / Title 38 / Chapter 24B / Section 38-24B-10
Inspection and certification sales by nonprofit organizations--Violations as misdemeanors
Status: in_force

A sale or trade of nursery stock may be made by garden clubs and other nonprofit organizations only if notification of the time and place of the sale is given to the Department of Agriculture and Natural Resources at least ten days prior to the time of the intended sale. The notice shall be in writing and, if, upon receipt of the notice, the department finds the plants free from pests, it may issue a certificate of inspection. This certificate of inspection is issued without fee. A violation of this section is a Class 2 misdemeanor.

Source: SL 1985, ch 313, § 10; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-33-3 — SD Code / Title 38 / Chapter 33 / Section 38-33-3
Filling of vacancies on commission
Status: in_force

If a member of the commission ceases to be a participating seller or resigns from office before the expiration of the member's term, the secretary shall appoint a successor for the balance of the term of office vacated.

Source: SL 2001, ch 219, § 5.
S.D. Codified Laws § 38-11-6 — SD Code / Title 38 / Chapter 11 / Section 38-11-6
Official seed certifying agency for state
Status: in_force

The secretary of agriculture and natural resources and the dean of the College of Agriculture and Biological Sciences at South Dakota State University shall designate the official seed certifying agency for the state. The State Seed Certification Board may designate one or more public or private entities to perform necessary seed certification activities under the supervision of the board. The board may designate separate official certification agencies for various types or classifications of seed or propagating materials. The board shall notify the secretary and the dean of any designations made pursuant to this section.

Source: SL 1947, ch 18, § 3; SDC Supp 1960, § 4.10B03 (1); SL 1982, ch 280; SL 2006, ch 205, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-31 — SD Code / Title 38 / Chapter 12A / Section 38-12A-31
Federal permits for introduction of organisms and products produced through genetic engineering authorized for use in state
Status: in_force

Any holder of a permit issued pursuant to 7 CFR 340, as amended to January 1, 2004, is authorized to use the permit in South Dakota.

Source: SL 2004, ch 257, § 1.
S.D. Codified Laws § 38-35-14 — SD Code / Title 38 / Chapter 35 / Section 38-35-14
Testing samples--Exceeding concentration--Destruction or remediation of lot
Status: in_force

The department compliance testing must be conducted by a laboratory approved by the Drug Enforcement Administration. The laboratory shall report the total delta-9 tetrahydrocannabinol concentration level and the measurement of uncertainty for each sample tested pursuant to this section. If a test reveals a total delta-9 tetrahydrocannabinol concentration of more than three-tenths of one percent but not more than one percent, the licensee may request a retest at the licensee's expense. If upon the retesting, the total delta-9 tetrahydrocannabinol concentration exceeds three-tenths of one percent, the entire lot from which the noncompliant sample was collected must either be destroyed or remediated and retested according to the United States Department of Agriculture guidelines. However, a sample that tests a result within a measurement of uncertainty that produces a range that includes a total delta-9 tetrahydrocannabinol concentration of three-tenths of one percent is compliant for the purposes of this chapter.

Source: SL 2020, ch 176, § 14, eff. Mar. 27, 2020; SL 2021, ch 182, § 7, eff. Mar. 25, 2021; SL 2022, ch 155, § 13, eff. Mar. 18, 2022; SL 2024, ch 168, § 6.
S.D. Codified Laws § 38-1-1 — SD Code / Title 38 / Chapter 1 / Section 38-1-1
Department continued--Office--Service of process--Seal
Status: in_force

The Department of Agriculture and Natural Resources of the State of South Dakota is continued with the powers, duties, and jurisdiction enumerated in this code. It shall maintain a central office in Pierre in rooms provided for the purpose, which shall be the official address of the department and the place for serving process or papers of any kind upon it. The department shall have an official seal.

Source: SL 1925, ch 115, ch I, art I, §§ 9, 10; SDC 1939, § 4.0101; SL 2013, ch 191, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-1.4 — SD Code / Title 38 / Chapter 22 / Section 38-22-1.4
South Dakota Weed and Pest Control Commission established
Status: in_force

There is established the South Dakota Weed and Pest Control Commission.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 20.
S.D. Codified Laws § 38-19-36.10 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.10
Tampering defined
Status: in_force

For the purposes of §§ 38-19-36.8 to 38-19-36.10 , inclusive, the term, tampering, means unlawfully releasing, transferring, or attempting to release or transfer anhydrous ammonia from its present container, equipment, or storage facility to another container, equipment, or storage facility or the subsequent transport of such anhydrous ammonia.

Source: SL 2004, ch 258, § 3.
S.D. Codified Laws § 38-19-36.1 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.1
Rules for siting of ammonia, fertilizer, and fertilizer production facilities
Status: in_force

The secretary, pursuant to the provisions of chapter 1-26 , may promulgate rules for siting of anhydrous ammonia storage facilities, for commercial fertilizer storage facilities and for commercial fertilizer production facilities.

Source: SL 1986, ch 326, § 34.
S.D. Codified Laws § 38-8A-12.2 — SD Code / Title 38 / Chapter 8A / Section 38-8A-12.2
Election procedures
Status: in_force

An election under the provisions of §§ 38-8A-12 and 38-8A-12.1 shall be conducted at the next general election within the counties comprising the territory of the conservation district. Unless otherwise provided for in this chapter, the conduct of any election held under §§ 38-8A-12 and 38-8A-12.1 shall be governed by the general election laws of South Dakota. The results of the election shall be certified to the conservation district by the county commission of each county in which the election is conducted.

Source: SL 1980, ch 269, § 3; SL 1997, ch 226, § 4.
S.D. Codified Laws § 38-32-19 — SD Code / Title 38 / Chapter 32 / Section 38-32-19
Enforcement of collection
Status: in_force

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

Source: SL 1988, ch 318, § 19.
S.D. Codified Laws § 38-32-3.2 — SD Code / Title 38 / Chapter 32 / Section 38-32-3.2
Absentee voting
Status: in_force

If voting at the designated time and place would cause a hardship on any eligible voter, the council shall allow for absentee voting on forms, and in a manner, prescribed in rule by the council. Absentee ballots shall be returned either to the council office no later than five calendar days prior to the day of the election or to the polling location prior to the close of the polls. The council shall ensure that any absentee ballot it has received within the deadline specified in this section is delivered to the appropriate polling place prior to the close of the polls. No absentee ballot that is received at the polling place after the close of the polls may be counted in the election results.

Source: SL 1991, ch 328, § 6.
S.D. Codified Laws § 38-18-36 — SD Code / Title 38 / Chapter 18 / Section 38-18-36
Annual honey assessment
Status: in_force

There is hereby imposed upon each bee location within the state, at the time of registration, a continuing annual assessment of one dollar per location. The Department of Agriculture and Natural Resources shall collect and deposit the funds in the honey industry fund.

Source: SL 1991, ch 324, § 7; SL 1993, ch 303; SL 2001, ch 215, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-1-48 — SD Code / Title 38 / Chapter 1 / Section 38-1-48
Samples--Where taken
Status: in_force

The samples may be taken from a standing crop, from representative standing plants in the field, or from crops remaining in the field after harvest.

Source: SL 2002, ch 188, § 5.
S.D. Codified Laws § 38-24B-1 — SD Code / Title 38 / Chapter 24B / Section 38-24B-1
Definitions
Status: in_force

Terms, as used in this chapter, mean:

(1) "Annual plants," ornamental or vegetable plants which are commonly grown in movable containers and transplanted to out of doors locations and which do not live for more than one growing season;

(2) "Dealer," any person who is not a resident nurseryman:

(a) Who buys nursery stock for the purpose of reselling or reshipping;

(b) Who makes landscape plans using nursery stock and negotiates in the purchase of nursery stock for clients; or

(c) Who contracts to furnish and plant nursery stock;

(3) "Decorative plants," indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because of climatic conditions and natural peculiarities of habit or growth and because of the purpose of their cultivation;

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

(5) "Nursery," any grounds or premises on which nursery stock is being grown, fumigated, packed, displayed, or stored, if such stock is or will either be sold or offered for sale or distribution;

(6) "Nurseryman," any person who owns, leases, manages, or is in charge of a nursery;

(7) "Nursery stock," trees, shrubs, or other plants having a persistent woody stem; all herbaceous perennials; and parts of either of those which are capable of propagation, except for seeds, true bulbs, rhizomes, corms, and tubers while in a dormant condition;

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

(9) "Regulated pest," any pest which the secretary determines is sufficiently detrimental to the plant industry of the state to warrant control or eradication measures;

(10) "Related plant products," seed, true bulbs, rhizomes, corms, roots, and tubers of nursery stock while in a dormant condition and nonviable plant to include forced blooming plants and Christmas trees;

(11) "Resident nurseryman," any nurseryman in this state who grows all or a portion of the nursery stock that the nurseryman sells or distributes;

(12) "Secretary," the state secretary of agriculture and natural resources;

(13) "Sod," grassy surface soil held together by matted roots of grass cultivars, mixtures, or blends of grass cultivars and used in residential and commercial landscape;

(14) "Viable," capable of germination or living and developing under normal growing conditions into a plant which would be typical in height, spread, caliper, dimension, condition, quality, and age for a plant of that species.

Source: SL 1985, ch 313, § 1; SL 1986, ch 335, §§ 1, 2; SL 2001, ch 215, § 26; SL 2017, ch 181, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-53 — SD Code / Title 38 / Chapter 8 / Section 38-8-53
Conservation district special revenue fund established--Purpose--Continuous appropriation--Promulgation of rules
Status: in_force

There is hereby created the conservation district special revenue fund to be used for the purpose of aiding, assisting, and cooperating with conservation districts of the state in securing by purchase, or otherwise, necessary equipment, trees, and other planting materials, and supplies as needed in furthering the program of conservation in these districts. Interest earned on money in the fund must be deposited in the fund. Any repayment of the principal amount of a loan and any interest thereon must be deposited into the fund and used for making new loans. Money in the fund is hereby continuously appropriated for the purposes provided in this section.

The fund is administered by the State Conservation Commission and monies in the fund are expended upon vouchers approved by the commission, or its designated representative.

The monies in the fund are available to conservation districts of the state on a reimbursable basis by the districts. The commission shall promulgate rules, pursuant to chapter 1-26 , establishing criteria and procedures for making loans to the conservation districts.

Source: SL 1949, ch 390; SL 1951, ch 360; SDC Supp 1960, § 4.1519; SL 1969, ch 5, § 2; SL 2015, ch 203, § 8; SL 2023, ch 143, § 1.
S.D. Codified Laws § 38-29-3 — SD Code / Title 38 / Chapter 29 / Section 38-29-3
Election of members
Status: in_force

Successors to the initial members and to any additional members appointed pursuant to § 38-29-2 shall be elected by the participating growers under rules promulgated pursuant to chapter 1-26 by the secretary of agriculture and natural resources.

Source: SL 1984, ch 267, § 3; SL 1992, ch 285, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-10-37 — SD Code / Title 38 / Chapter 10 / Section 38-10-37
Violation of chapter as misdemeanor
Status: in_force

Any person violating any of the provisions of this chapter is guilty of a Class 2 misdemeanor.

Source: SL 1961, ch 11, § 20; SL 1977, ch 190, § 303.
S.D. Codified Laws § 38-8-15 — SD Code / Title 38 / Chapter 8 / Section 38-8-15
Election of initial supervisors--District as governmental subdivision
Status: in_force

At the general election that includes the referendum on the establishment of a conservation district, five supervisors shall be elected as provided in § 38-8-39 . The election of the supervisors is null and void if the referendum on the establishment of the district fails. The district is a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the proceedings described in §§ 38-8-16 and 38-8-17 .

Source: SL 1937, ch 19, §§ 5, 7; SDC 1939, §§ 4.1507, 4.1509; SL 1947, ch 11; SL 1947, ch 12; SL 1953, ch 7, § 1; SL 1957, ch 4, § 3; SDC Supp 1960, §§ 4.1507 (6), 4.1509 (1); SDCL, § 38-8-38 ; SL 1968, ch 1, § 5; SL 1994, ch 316, § 9.
S.D. Codified Laws § 38-21-33.9 — SD Code / Title 38 / Chapter 21 / Section 38-21-33.9
Pesticide dealer's license--Expiration
Status: in_force

A pesticide dealer'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, § 9; SL 2023, ch 145, § 4.
S.D. Codified Laws § 38-34-10 — SD Code / Title 38 / Chapter 34 / Section 38-34-10
Assessment on pulse crop--Rate--Reciprocal agreements
Status: in_force

An assessment at the rate of one percent of the net market price is levied and imposed on any pulse crop grown or sold in South Dakota to a first purchaser. The council may enter into reciprocal agreements with other states that also have a pulse checkoff to remit the assessment to the state where the crop is grown. This assessment is due on any identifiable lot or quantity of a pulse crop.

Source: SL 2005, ch 214, § 10.
S.D. Codified Laws § 38-20A-46 — SD Code / Title 38 / Chapter 20A / Section 38-20A-46
Stop-sale--Payment of costs
Status: in_force

Upon payment to the department of all costs incurred by the department to implement the stop-sale and sufficient assurance that a pesticide or device subject to a "stop - sale" order pursuant to the provisions of § 38-20A-41 will not be disposed of unlawfully, the secretary may direct that the pesticide or device be delivered to its owner for relabeling or reprocessing.

Source: SL 1947, ch 99, § 10; SDC Supp 1960, § 22.12A09 (2); SDCL, § 39-19-45; SL 1983, ch 281, § 39; SL 2020, ch 173, § 26.
S.D. Codified Laws § 38-27-19 — SD Code / Title 38 / Chapter 27 / Section 38-27-19
Council may contract with Public Utilities Commission to inspect assessment and checkoff records
Status: in_force

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

Source: SL 1996, ch 245, § 2; SL 2009, ch 196, § 2.
S.D. Codified Laws § 38-34-8 — SD Code / Title 38 / Chapter 34 / Section 38-34-8
Promulgation of rules
Status: in_force

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

(1) The procedures for obtaining a declaratory ruling;

(2) The procedures by which assessments are collected for pulse crops 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 2005, ch 214, § 8.
S.D. Codified Laws § 38-10-38 — SD Code / Title 38 / Chapter 10 / Section 38-10-38
Citation of chapter
Status: in_force

This chapter may be cited as the South Dakota Wheat Resources Act.

Source: SL 1961, ch 11, § 1.
S.D. Codified Laws § 38-18-3.4 — SD Code / Title 38 / Chapter 18 / Section 38-18-3.4
Abandoned apiary--Destruction, treatment or seizure of bees and equipment
Status: in_force

The failure to file an application registering an apiary pursuant to § 38-18-3 , or the failure to identify a location pursuant to § 38-18-3.3 , constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secretary shall immediately treat or destroy the apiary. If the apiary is not infested with a regulated pest, the secretary may, upon finding in a contested case proceeding conducted pursuant to chapter 1-26 that there is no justifiable excuse for failure to comply with § 38-18-3 or 38-18-3.3 , claim and seize the abandoned bees and bee equipment for use or sale.

Source: SL 1986, ch 330, § 6; SL 1989, ch 344, § 2.
S.D. Codified Laws § 38-20-33 — SD Code / Title 38 / Chapter 20 / Section 38-20-33
Deposit of contributions in grasshopper control fund--Use of fund
Status: in_force

Funds received under § 38-20-32 together with the available federal funds shall by the secretary of agriculture and natural resources be deposited with the state treasurer in the fund to be designated as grasshopper control fund, and which fund shall be paid out on warrants of the state auditor on vouchers duly approved by the secretary.

Source: SL 1951, ch 3, § 2; SDC Supp 1960, § 4.0104-1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-21-55 — SD Code / Title 38 / Chapter 21 / Section 38-21-55
Cause of action--Injunction
Status: in_force

The secretary may cause an action to commence in any court of competent jurisdiction to enjoin the violation or threatened violation of any provision of this chapter.

Source: SL 1974, ch 255, § 33; SL 2020, ch 173, § 58.
S.D. Codified Laws § 38-21-23.1 — SD Code / Title 38 / Chapter 21 / Section 38-21-23.1
Private applicator's license--Expiration
Status: in_force

A private applicator's license expires on March thirty-first of the third year following the year of issuance, unless the license is revoked before the expiration, by the secretary, as provided for in § 37-21-44.

Source: SL 2020, ch 175, § 6; SL 2023, ch 145, § 3.
S.D. Codified Laws § 38-29-10 — SD Code / Title 38 / Chapter 29 / Section 38-29-10
Application by first purchaser required
Status: in_force

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

Source: SL 1984, ch 267, § 10; SL 1985, ch 314, § 11.
S.D. Codified Laws § 38-1-12 — SD Code / Title 38 / Chapter 1 / Section 38-1-12
Employment of inspectors and other employees
Status: in_force

The secretary of agriculture and natural resources may, with the advice and consent of the Governor, employ such inspectors, deputies, clerical assistants, and other necessary employees as shall be necessary for the efficient and economical administration of the department and not inconsistent with the rules and 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, § 97; 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 § 38-7-26 — SD Code / Title 38 / Chapter 7 / Section 38-7-26
Source of money in coordinated natural resources conservation fund
Status: in_force

The coordinated natural resources conservation fund consists of money transferred from the sale of motor fuel for nonhighway agricultural uses in the motor fuel tax fund as provided in § 10-47B-149 , and all public and private sources including legislative appropriations or federal grants.

Source: SL 1992, ch 100, § 6; SL 1994, ch 313, § 2; SL 2007, ch 227, § 2; SL 2011, ch 61, § 8.
S.D. Codified Laws § 38-27-11 — SD Code / Title 38 / Chapter 27 / Section 38-27-11
Assessment on sunflowers, safflowers, canola, and flax grown or sold--Rate
Status: in_force

An assessment at the rate of four cents per hundredweight shall be levied and imposed upon all sunflowers, safflowers, and canola grown in the state or sold to a first purchaser, and an assessment at the rate of one cent per bushel shall be levied and imposed upon all flax grown in the state or sold to a first purchaser. The assessment is due upon any identifiable lot or quantity of sunflowers, safflowers, canola, or flax.

Source: SL 1980, ch 273, § 9; SL 1983, ch 284; SL 1985, ch 314, § 2; SL 1989, ch 346, § 10; SL 1998, ch 249, § 1; SL 2010, ch 201, § 5.
S.D. Codified Laws § 38-10-40 — SD Code / Title 38 / Chapter 10 / Section 38-10-40
Liability for omissions
Status: in_force

No liability may be imposed upon the State of South Dakota for any acts, or omissions of the commission pursuant to this chapter.

Source: SL 1993, ch 302, § 18.
S.D. Codified Laws § 38-20A-34 — SD Code / Title 38 / Chapter 20A / Section 38-20A-34
Alteration or destruction of label as petty offense--Changing composition of substance
Status: in_force

It is a petty offense for any person to detach, alter, deface, or destroy, in whole or in part, any label provided for in this chapter or rules promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that does not comply with any of the provisions of this chapter.

Source: SL 1947, ch 99, § 4; SDC Supp 1960, § 22.12A04 (2) (a); SDCL, § 39-19-34; SL 1977, ch 190, § 422; SL 2020, ch 173, § 19.
S.D. Codified Laws § 38-34-16 — SD Code / Title 38 / Chapter 34 / Section 38-34-16
Undercollections or overcollections of one dollar or less--Commodity Credit Corporation not required to collect or refund
Status: in_force

In connection with the collection of the pulse crop assessment on Commodity Credit Corporation pulse loans disbursed and purchase agreement settlement made, undercollections or overcollections of the pulse crop assessment amounting to one dollar or less as a result of errors do not require collection of the underpayment or refund of the overpayment by the Commodity Credit Corporation, and its responsibility in such cases is waived.

Source: SL 2005, ch 214, § 16.
S.D. Codified Laws § 38-22-6 — SD Code / Title 38 / Chapter 22 / Section 38-22-6
Appointment of state weed and pest coordinator
Status: in_force

The secretary of agriculture and natural resources shall appoint a state weed and pest coordinator, who may not be a member of the South Dakota Weed and Pest Control Commission.

Source: SL 1945, ch 349, §§ 2, 3; SL 1949, ch 437; SDC Supp 1960, §§ 62.0302, 62.0303; SL 1975, ch 252, § 4; SL 1983, ch 282, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-19 — SD Code / Title 38 / Chapter 12A / Section 38-12A-19
Powers of secretary
Status: in_force

The secretary may:

(1) Enter upon any public or private premises during regular business hours in order to have access to seeds and to the records subject to this chapter;

(2) Inspect, sample, make analysis of, and test seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;

(3) Inspect the records of seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;

(4) Establish and maintain a seed laboratory for seed testing or to cooperate with other persons, agencies or institutions in seed testing and reporting of results;

(5) Employ qualified persons, and to incur such expenses as may be necessary to comply with the provisions of this chapter;

(6) Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of seed which is in violation of any of the provisions of this chapter. The order shall prohibit further sale, conditioning, and movement of the seed, except on approval of the agent issuing the stop sale or the secretary, until the secretary has evidence that the law has been complied with and has issued a "Release From Stop Sale" order for the seed;

(7) Request from a court of competent jurisdiction and carry out a seizure on any lot of seed for which a stop sale order has been issued and the person having responsibility has failed to abide by the stop sale order. The court shall order disposition of the seed after any criminal or civil proceedings are terminated;

(8) Cooperate with the United States Department of Agriculture, regulatory agencies of other states, and other agencies of this state in seed law enforcement.

Source: SL 1988, ch 314, § 19.
S.D. Codified Laws § 38-19-36.2 — SD Code / Title 38 / Chapter 19 / Section 38-19-36.2
Operation of bulk commercial fertilizer storage facility without permit prohibited--Rules--Revocation of permit--Violation as misdemeanor
Status: in_force

No person may establish or operate a bulk commercial fertilizer storage facility without obtaining a bulk commercial fertilizer storage facility permit from the secretary. The secretary may establish by rule, promulgated pursuant to chapter 1-26 , a bulk commercial fertilizer storage facility permit system and operational requirements necessary for secondary containment of bulk commercial fertilizer for the protection of the environment and human health. The secretary may require that appropriate plans and specifications for construction and operation of a bulk commercial fertilizer storage facility be submitted for approval prior to the issuance, modification, suspension, or revocation of a permit. If a bulk commercial fertilizer storage facility is operating in violation of the permit requirements established pursuant to rules promulgated under this section, the secretary may grant a reasonable period of time for the facility to comply with the rules. If the facility does not comply with the rules in the prescribed period of time, the secretary shall revoke the operating permit pursuant to chapter 1-26 . Any person operating a bulk commercial fertilizer storage facility without a permit issued pursuant to this section, or operating with a revoked permit, is guilty of a Class 1 misdemeanor.

Source: SL 1988, ch 315, § 3.
S.D. Codified Laws § 38-34-11 — SD Code / Title 38 / Chapter 34 / Section 38-34-11
Collection and remission of assessment
Status: in_force

Each first purchaser of pulse crops shall collect the assessment imposed by this chapter by charging and collecting from the seller the assessment at the prescribed rate by deducting the assessment from the purchase price of the crops subject to the assessment and purchased by the first purchaser. The assessments shall be paid to the department within thirty days of the end of each calendar quarter.

Source: SL 2005, ch 214, § 11.
S.D. Codified Laws § 38-21-39.1 — SD Code / Title 38 / Chapter 21 / Section 38-21-39.1
Unlicensed sale of restricted-use pesticide--Misdemeanor--Civil penalty
Status: in_force

No person without a pesticide dealer's license issued by the secretary under the provisions of this chapter may sell any restricted - use pesticide to any person. 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.

Source: SL 1975, ch 251, § 9; SL 1977, ch 190, § 329; SL 1987, ch 287, § 6; SL 1988, ch 316, § 2; SL 1991, ch 326, § 15; SL 2020, ch 173, § 51.
S.D. Codified Laws § 38-1-44 — SD Code / Title 38 / Chapter 1 / Section 38-1-44
Definition of terms
Status: in_force

Terms used in §§ 38-1-44 to 38-1-50 , inclusive mean:

(1) "Farmer," the person responsible for planting a crop on, managing the crop, and harvesting the crop from land on which a patent infringement is alleged to have occurred; and

(2) "Transgenic organism," an organism that has been modified by genetic engineering to contain DNA from an outside source.

Source: SL 2002, ch 188, § 1.
S.D. Codified Laws § 38-22-13 — SD Code / Title 38 / Chapter 22 / Section 38-22-13
Moving agricultural machinery without cleaning as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to move any harvesting or portable seed cleaning or agricultural processing equipment or vehicles on which the equipment is transported into this state or from any field within the state in which it has been used to another field without first cleaning such equipment and vehicles. For purposes of this section, equipment and vehicles are deemed to be clean if essentially free from dirt, seed, straw, and chaff.

Source: SL 1955, ch 436; SDC Supp 1960, §§ 62.0309 (2), 62.9901; SL 1973, ch 256, §§ 1, 2; SDCL, § 38-22-15 ; SL 1977, ch 190, § 331; SL 1983, ch 282, § 15.
S.D. Codified Laws § 38-35-3 — SD Code / Title 38 / Chapter 35 / Section 38-35-3
Application for grower license--Location and size requirements
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 and industrial hemp stalk bales, for planting, storing, propagating, or producing shall apply to the secretary for a grower license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund.

An application for licensure to plant, grow, or produce industrial hemp must be for at least one-half, contiguous outdoor acre with a three hundred plant minimum, or in a greenhouse with a fifty plant minimum, or combination thereof. No industrial hemp grower's license may be issued by the secretary to plant, grow, or produce industrial hemp within the corporate limits of any incorporated municipality without receiving verification from the municipality that it meets all applicable municipal zoning regulations.

Source: SL 2020, ch 176, § 3, eff. Mar. 27, 2020; SL 2021, ch 182, § 1, eff. Mar. 25, 2021; SL 2022, ch 155, § 3, eff. Mar. 18, 2022; SL 2024, ch 168, § 2.
S.D. Codified Laws § 38-19A-18 — SD Code / Title 38 / Chapter 19A / Section 38-19A-18
Deposit of fees
Status: in_force

Fees collected under this chapter shall be deposited in the fertilizer fund established pursuant to § 38-19-14 .

Source: SL 1993, ch 304, § 5.
S.D. Codified Laws § 38-22-5 — SD Code / Title 38 / Chapter 22 / Section 38-22-5
Meetings of commission--Election and terms of officers
Status: in_force

The South Dakota Weed and Pest Control Commission shall hold its meetings at such times as it may designate, but the annual meeting shall be held on such date as may be established by rules promulgated pursuant to chapter 1-26 at which meeting a president and vice - president shall be elected; however, the president may call special meetings. The president and vice - president shall be elected from among the members of the commission for a term of one year beginning with the meeting at which they are elected.

Source: SL 1945, ch 349, § 2; SL 1949, ch 437; SDC Supp 1960, § 62.0302; SL 1975, ch 252, § 3; SL 1983, ch 282, § 6; SL 1986, ch 326, § 52.
S.D. Codified Laws § 38-1-16 — SD Code / Title 38 / Chapter 1 / Section 38-1-16
Promulgation of rules
Status: in_force

The secretary of agriculture and natural resources may promulgate administrative rules, pursuant to chapter 1-26 , concerning the administration of the department; the custody, use, and preservation of records, papers, books, property pertaining to the activities of the department; and fees for permits, inspection, and reinspection relating to any permits issued by the department.

Source: SL 1925, ch 115, ch I, art I, § 8; SDC 1939, § 4.0103; SL 1986, ch 326, § 4; SL 2013, ch 191, § 3; SL 2015, ch 203, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-31 — SD Code / Title 38 / Chapter 19 / Section 38-19-31
Manner of drawing and sealing official samples--Forwarding to director of laboratories
Status: in_force

An official fertilizer sample shall be one drawn in the manner prescribed by the secretary of agriculture and natural resources from a lot or shipment of fertilizer sold or exposed for sale in this state. In sampling a lot of commercial fertilizer packaged in small containers (less than five pounds each) a single package may constitute the official sample. All samples collected shall be sealed and marked with identifying marks in the presence of the dealer or person from whom taken, and shall be promptly forwarded to the director of laboratories for examination.

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 § 38-24B-14 — SD Code / Title 38 / Chapter 24B / Section 38-24B-14
Term of license
Status: in_force

A license issued pursuant to the provisions of this chapter is in effect for a period not to exceed one year and expires on December thirty-first of the year issued.

Source: SL 1985, ch 313, § 14; SL 2001, ch 215, § 37; SL 2016, ch 202, § 9; SL 2017, ch 181, § 5.
S.D. Codified Laws § 38-19-41 — SD Code / Title 38 / Chapter 19 / Section 38-19-41
Violation of chapter, rule or regulation as misdemeanor
Status: in_force

Any person violating any of the provisions of this chapter or any rule or regulation promulgated hereunder is guilty of a Class 2 misdemeanor.

Source: SL 1919, ch 207, § 5; SDC 1939, § 22.9926; SL 1949, ch 85, § 17; SDC Supp 1960, § 22.99 26-1 ; SDC Supp 1960, § 22.1715 (1) (b) as added by SL 1966, ch 66, § 6; SL 1977, ch 190, § 325.
S.D. Codified Laws § 38-19-39 — SD Code / Title 38 / Chapter 19 / Section 38-19-39
Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant
Status: in_force

Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure and condemnation on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of this chapter and orders the condemnation of said commercial fertilizer it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of this state; provided, that in no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of said commercial fertilizer or for permission to process or relabel said commercial fertilizer to bring it into compliance with this chapter.

Source: SL 1949, ch 85, § 15; SDC Supp 1960, § 22.1715; SL 1966, ch 66, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-13 — SD Code / Title 38 / Chapter 12A / Section 38-12A-13
Records of seed lots--File samples--Inspection--Use by secretary
Status: in_force

Each seedsman or seed producer whose name appears on the label as handling seed subject to this chapter shall keep for a period of three years after final disposition complete records of each lot of seed handled and keep for one year after final disposition a file sample of each lot of seed. Each seed dealer who handles seed shall keep, for a period of one year after final disposition, complete records of each lot of seed handled. Seed dealers do not have to keep file samples. All records and samples pertaining to the lots of seed involved shall be accessible for inspection by the secretary or his agent during normal business hours. Information obtained from records and from applications shall be for the sole use of the secretary in carrying out the provisions of this chapter.

Source: SL 1988, ch 314, § 13.
S.D. Codified Laws § 38-8-49 — SD Code / Title 38 / Chapter 8 / Section 38-8-49
District as governmental subdivision and public body--General corporate powers
Status: in_force

A conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter:

(1) To sue and be sued in the name of the district;

(2) To have a seal, which seal shall be judicially noticed;

(3) To have perpetual succession unless terminated as hereinafter provided;

(4) To make and execute contracts and other instruments, necessary or convenient to the exercise of its powers.

Source: SL 1937, ch 19, § 8; SDC 1939, § 4.1510 (1); SL 1986, ch 326, § 12.
S.D. Codified Laws § 38-27-15 — SD Code / Title 38 / Chapter 27 / Section 38-27-15
Enforcing collection of assessment
Status: in_force

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

Source: SL 1980, ch 273, § 16; SL 1985, ch 314, § 6; SL 1989, ch 346, § 14.
S.D. Codified Laws § 38-19-37 — SD Code / Title 38 / Chapter 19 / Section 38-19-37
Secretary charged with enforcement--Access to property and records
Status: in_force

The secretary of agriculture and natural resources is charged with the administration and enforcement of this chapter and he and his deputies, assistants, agents, and employees shall have all the rights of visitation, inspection, sampling, examination, and access to places, property, containers and records, and prosecution, as the same are provided in this title or in any of the chapters of Title 39.

Source: SL 1919, ch 207, § 6; SDC 1939, § 22.1701; SL 1949, ch 85, § 1; SL 1986, ch 326, § 33; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-19-27 — SD Code / Title 38 / Chapter 19 / Section 38-19-27
Sales and exchanges to manufacturers and mixers exempt from requirements
Status: in_force

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of commercial fertilizers to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.

Source: SL 1949, ch 85, § 16; SDC Supp 1960, § 22.1716.
S.D. Codified Laws § 38-10-8 — SD Code / Title 38 / Chapter 10 / Section 38-10-8
Removal of wheat commission member
Status: in_force

A member of the wheat commission shall be removable by the Governor for cause. In addition to all other causes, that a member ceases to be a resident of the state, live in the district from which he was appointed, or be actually engaged in growing wheat in the state shall be deemed sufficient cause for removal from office.

Source: SL 1961, ch 11, § 7.
S.D. Codified Laws § 38-22-23.7 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.7
Initial officers of board--Election
Status: in_force

At its first annual meeting, the county weed and pest board shall elect a chairman, a vice - chairman, a secretary, and a treasurer. The positions of secretary and treasurer may be consolidated at the discretion of the board and need not be members of the board.

Source: SL 1983, ch 282, § 32.
S.D. Codified Laws § 38-24A-3 — SD Code / Title 38 / Chapter 24A / Section 38-24A-3
Suppression and control activities authorized
Status: in_force

The secretary of agriculture and natural resources, either independently or in cooperation with counties or political subdivisions thereof, municipalities, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, is authorized to carry out operations or measures to locate, suppress, control, prevent, or retard the spread of pests.

Source: SL 1971, ch 220, § 3; SL 1992, ch 60, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-16 — SD Code / Title 38 / Chapter 8A / Section 38-8A-16
Permit-issuing authorities to require compliance with district conservation standards
Status: in_force

After formal adoption of district conservation standards, each permit - issuing authority lying within the territorial limits of the conservation district, shall include provisions in its permit procedure to ensure that any proposed action relating to a permit is in compliance with the district conservation standards.

Source: SL 1976, ch 242, § 11.
S.D. Codified Laws § 38-24B-21 — SD Code / Title 38 / Chapter 24B / Section 38-24B-21
Damages for loss of infested or defective stock prohibited
Status: in_force

No damages may be awarded to the owner for the loss of any infested or infected, nonviable, damaged or desiccated nursery stock, decorative plant, annual plant, sod, or related plant products under this chapter.

Source: SL 1985, ch 313, § 21.
S.D. Codified Laws § 38-21-15.2 — SD Code / Title 38 / Chapter 21 / Section 38-21-15.2
Operation without permit--Civil penalty, injunctive, or declaratory relief
Status: in_force

Notwithstanding any other provision of this chapter, any person who operates a bulk storage facility without a permit or violates the bulk pesticide storage facility permit provision of this chapter is subject to a civil penalty not to exceed five hundred dollars for each day of violation. In addition, the secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court.

Source: SL 1986, ch 332, § 4; SL 2020, ch 173, § 34.
S.D. Codified Laws § 38-19A-10 — SD Code / Title 38 / Chapter 19A / Section 38-19A-10
Approval required for listing or guaranteeing of ingredients on labels--Supportive data--Inspection and analysis--Quantities of ingredients required
Status: in_force

No soil amending ingredient may be listed or guaranteed on the labels or labeling of any soil amendment without the approval of the secretary of agriculture and natural resources. The secretary may allow any soil amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the secretary to substantiate the value and usefulness of the soil amending ingredients. The secretary may rely on the agricultural experiment station for assistance in evaluating the data submitted. If any soil amending ingredient is permitted to be listed or guaranteed, it shall be determinable by laboratory methods and shall be subject to inspection and analysis of the soil amending ingredient. The secretary may stipulate by rules established pursuant to chapter 1-26 the quantities of the soil amending ingredients required in soil amendments.

Source: SL 1976, ch 244, § 5; SL 1986, ch 326, § 37; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8A-12 — SD Code / Title 38 / Chapter 8A / Section 38-8A-12
Governing board resolution or voter petition for revision of conservation standards
Status: in_force

Revision of the conservation standards, in whole or in part, may be proposed by the conservation district governing board or by a petition signed by the number of voters equal to ten percent of the qualified voters in a district.

Source: SL 1976, ch 242, § 9; SL 1980, ch 269, § 1; SL 1981, ch 283; SL 2019, ch 179, § 3.
S.D. Codified Laws § 38-8-22 — SD Code / Title 38 / Chapter 8 / Section 38-8-22
Petition for combination or division of districts--Number of signers--Form
Status: in_force

Petitions may be filed with the State Conservation Commission for a hearing and referendum on the combination of two or more districts, or for the division of one or more districts and the combination of any divided part thereof with any other district or a part of a divided district. Any such petition shall be signed by at least ten percent of the voters registered at the last general election and a majority of the supervisors within each district to be affected. The commission shall prescribe the forms for such petitions.

Source: SDC 1939, § 4.1517 (1) as enacted by SL 1947, ch 13; SL 1968, ch 1, § 13; SL 1994, ch 316, § 12.
S.D. Codified Laws § 38-24B-12 — SD Code / Title 38 / Chapter 24B / Section 38-24B-12
Growers and dealers--Certificate of inspection--Fees
Status: in_force

Any grower or dealer of decorative plants, annual plants, sod, or related plant products may apply to the department for a certificate of inspection. The department may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or related plant products have been officially inspected and found free from pests. The fee for inspection and certification is one hundred forty dollars plus five dollars for each acre of growing field and five dollars for each ten thousand square feet of growing greenhouse.

Source: SL 1985, ch 313, § 12; SL 1986, ch 335, § 5; SL 2001, ch 215, § 29; SL 2009, ch 197, § 4; SL 2016, ch 202, § 7.
S.D. Codified Laws § 38-24A-15 — SD Code / Title 38 / Chapter 24A / Section 38-24A-15
Issuance of search warrants
Status: in_force

The appropriate circuit and magistrate courts in this state shall have authority to issue search warrants for such inspections upon a showing by the secretary of agriculture and natural resources that there is probable cause to believe that there exists in or on the property to be inspected a pest, host, or other article subject to the provisions of this chapter.

Source: SL 1971, ch 220, § 8; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-30 — SD Code / Title 38 / Chapter 12A / Section 38-12A-30
Members not compensated--Reimbursement for expenses
Status: in_force

The members of the arbitration committee shall receive no compensation for the performance of their duties, but the members of the committee shall be reimbursed for expenses when they attend a meeting or perform a service in conformity with the requirements of this chapter. The expenses shall be paid by the party demanding arbitration under the provisions of this chapter.

Source: SL 1988, ch 314, § 29.
S.D. Codified Laws § 38-10-3 — SD Code / Title 38 / Chapter 10 / Section 38-10-3
Wheat commission--Members--Terms of office
Status: in_force

There is hereby established a wheat commission for the utilization, research, and market development of wheat grown in South Dakota. The commission shall be composed of five members who shall be participating growers. The members of the commission shall be appointed by the Governor. Nominations for appointments shall be submitted to the Governor by wheat producers of the state.

The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term is for three years and expires on October thirtieth in the third year of appointment.

Source: SL 1961, ch 11, §§ 2, 4 (4); SL 1993, ch 302, § 2; SL 2012, ch 16, § 23; SL 2013, ch 176, § 16; SL 2015, ch 203, § 12.
S.D. Codified Laws § 38-19-46 — SD Code / Title 38 / Chapter 19 / Section 38-19-46
Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application
Status: in_force

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 relating to transportation, use, application, disposal, posting of application sites, or notification of the public or other individuals who may be affected by a commercial fertilizer application that has occurred or will occur in the future.

Source: SL 1992, ch 284, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-35-3.1 — SD Code / Title 38 / Chapter 35 / Section 38-35-3.1
Application for a research license
Status: in_force

Any person seeking to plant, store, propagate, or produce industrial hemp for the purpose of research shall apply to the secretary for a research license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund pursuant to § 38-35-6 . Research licensees may be exempt from lot size minimums pursuant to § 38-35-3 . Applicants for a research license must be affiliated with an accredited university. Applicants for a research license must submit a summary to the department that outlines the applicant's objectives and a timeline of activities.

All industrial hemp produced or processed under a research license must be:

(1) Grown, used, or processed for research purposes only; and

(2) Properly disposed of in a manner to render irretrievable and unable to enter the stream of commerce, except for industrial hemp seed.

Source: SL 2022, ch 155, § 4, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-7-6 — SD Code / Title 38 / Chapter 7 / Section 38-7-6
Nonvoting members of commission--Tenure of office
Status: in_force

The following persons shall serve as nonvoting members of the State Conservation Commission: the director of the state extension service; the director of the state agricultural experiment station located at Brookings; the commissioner of school and public lands; the secretary of the Department of Game, Fish and Parks; and if approved by the United States secretary of agriculture, the state conservationist for the United States Natural Resources Conservation Service. A member of the commission shall hold office so long as the person retains the office by virtue of which the person is serving on the commission.

Source: SL 1937, ch 19, § 4; SDC 1939, §§ 4.1503, 4.1504; SL 1945, ch 13; SL 1949, ch 10; SL 1957, ch 4, § 2; SL 1963, ch 6; SL 1968, ch 1, §§ 2, 3; SL 1974, ch 254, § 3; SL 2015, ch 203, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 66, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-34-19 — SD Code / Title 38 / Chapter 34 / Section 38-34-19
Information on purpose of assessment and claim of refund--Development and dissemination
Status: in_force

The council shall develop and disseminate information and instructions relating to the purpose of the pulse crop assessment and manner in which refunds may be claimed.

Source: SL 2005, ch 214, § 19.
S.D. Codified Laws § 38-7-9 — SD Code / Title 38 / Chapter 7 / Section 38-7-9
Quorum of commission
Status: in_force

A majority of the State Conservation Commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination.

Source: SL 1937, ch 19, § 4; SDC 1939, § 4.1504; SL 1963, ch 6; SL 1968, ch 1, § 3.
S.D. Codified Laws § 38-8-23 — SD Code / Title 38 / Chapter 8 / Section 38-8-23
Commission hearing on combination or division of districts
Status: in_force

Within sixty days after receipt of a petition pursuant to § 38-8-22 or within sixty days after the receipt of a resolution pursuant to § 38-8-22 .1, the State Conservation Commission shall set a date for a hearing and issue notices and conduct a hearing upon the proposition of combination or division. All voters registered for the last general election within the territory described in the petition or resolution and other interested parties may be heard.

Source: SDC 1939, § 4.1517 (1) as enacted by SL 1947, ch 13; SL 1968, ch 1, § 13; SL 1994, ch 316, § 13; SL 2019, ch 179, § 4; SL 2022, ch 154, § 1.
S.D. Codified Laws § 38-24A-7 — SD Code / Title 38 / Chapter 24A / Section 38-24A-7
Limitation of quarantined area--Extension
Status: in_force

The secretary of agriculture and natural resources may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include additional portions of the quarantined area upon publication of a notice to that effect in such newspapers in the quarantined area as he may select or by direct written notice to those concerned.

Source: SL 1971, ch 220, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-18 — SD Code / Title 38 / Chapter 8 / Section 38-8-18
Certificate of organization as proof of establishment of district
Status: in_force

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of a conservation district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance by the secretary of state of the certificate described by § 38-8-17 . A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (9).
S.D. Codified Laws § 38-17-12 — SD Code / Title 38 / Chapter 17 / Section 38-17-12
Misappropriation of federally furnished seed or money as misdemeanor
Status: in_force

Any person who misappropriates any of the seed, or money loaned to purchase the seed, furnished by the United States or any agency, or any crop grown from the seed, and for which the United States or agency has a lien under the provisions of § 38-17-10 , to any purpose except that for which it was furnished or produced, is guilty of a Class 1 misdemeanor.

Source: SL 1935, ch 143, § 3; SDC 1939, § 39.9903; SL 1977, ch 190, § 317; SL 2018, ch 241, § 11.
S.D. Codified Laws § 38-19-17 — SD Code / Title 38 / Chapter 19 / Section 38-19-17
Fertilizer deemed misbranded
Status: in_force

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

(1) If the label or labeling carries any false or misleading statement either as to the materials contained in the fertilizer or concerning its agricultural value;

(2) If it be so labeled or branded as to deceive or mislead the purchaser; or

(3) If it is not labeled to give all the information required by §§ 38-19-15 and 38-19-16 and such additional information as may be required by rule promulgated pursuant to the provisions of chapter 1-26 and issued by the secretary of agriculture and natural resources as provided in § 38-19-36 .

Source: SL 1949, ch 85, § 6; SDC Supp 1960, § 22.1706(2); SL 1986, ch 326, § 28; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-7-2.3 — SD Code / Title 38 / Chapter 7 / Section 38-7-2.3
Conservation districts--Department oversight
Status: in_force

Subject to § 38-7-3.1 , the Department of Agriculture and Natural Resources shall perform the functions of the commission, as provided for in this chapter and chapter 38-8 , relative to conservation districts.

Source: SL 1975, ch 23, § 3; SL 2024, ch 166, § 5.
S.D. Codified Laws § 38-8A-3 — SD Code / Title 38 / Chapter 8A / Section 38-8A-3
Commission guidelines for erosion and sediment control--Citizen participation
Status: in_force

The commission shall develop comprehensive state erosion and sediment control guidelines. These guidelines are to be developed with full opportunity for citizen participation in accordance with chapter 1-26 .

Source: SL 1976, ch 242, § 2; SL 2024, ch 167, § 1.
S.D. Codified Laws § 38-21-17 — SD Code / Title 38 / Chapter 21 / Section 38-21-17
Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty
Status: in_force

No person may perform any of the following acts without a commercial applicator's license issued by the secretary, unless exempt under the provisions of this chapter:

(1) Engage in the business of applying pesticides to the lands of another;

(2) Advertise as being in the business of applying pesticides to the lands of another at any time;

(3) Apply pesticides while in the performance of duties as a governmental employee; or

(4) Otherwise act as a commercial applicator.

The secretary shall require a fee of thirty-five dollars for each commercial applicator license issued. 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 imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Source: SL 1951, ch 112, § 1; SL 1951, ch 113, § 1; SL 1953, ch 93, § 2; SDC Supp 1960, § 22.12B01 (1), (3); SDCL, §§ 38-21-1, 38-21-2; SL 1974, ch 255, § 8; SL 1987, ch 287, § 2; SL 1991, ch 326, § 3; SL 2001, ch 215, § 20; SL 2020, ch 175, § 3.
S.D. Codified Laws § 38-24A-19 — SD Code / Title 38 / Chapter 24A / Section 38-24A-19
Citation of chapter--Additional to other powers
Status: in_force

This chapter shall be known as the South Dakota Plant Quarantine Act and may not be construed to repeal any existing authority of the secretary of agriculture and natural resources but shall be in addition to any powers conferred upon the secretary by chapters 38-18 , 38-22 , and 38-24B .

Source: SL 1971, ch 220, § 12; SL 1986, ch 334, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-27 — SD Code / Title 38 / Chapter 12A / Section 38-12A-27
Session called by secretary or upon direction of chairman
Status: in_force

The arbitration committee may be called into session by the secretary or upon the direction of the chairman to consider matters referred to it by the secretary.

Source: SL 1988, ch 314, § 26.
S.D. Codified Laws § 38-18-3.1 — SD Code / Title 38 / Chapter 18 / Section 38-18-3.1
Minimum distance between apiaries--Beekeepers excepted on own property
Status: in_force

Unless permitted by the secretary, no apiary may be located within three miles of any other apiary. However, any beekeeper who owns property may locate an apiary anywhere on that property.

Source: SL 1976, ch 243 § 19; SL 1986, ch 326, § 23; SL 1986, ch 330, § 3.
S.D. Codified Laws § 38-10-19 — SD Code / Title 38 / Chapter 10 / Section 38-10-19
Cooperation with public and private organizations--Contracts
Status: in_force

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may cooperate with local, state, or national organizations, whether public or private, in carrying out the purposes of this chapter, and may enter into such contracts as may be necessary.

Source: SL 1961, ch 11, § 9 (3); SL 1993, ch 302, § 12.
S.D. Codified Laws § 38-8-92 — SD Code / Title 38 / Chapter 8 / Section 38-8-92
Referendum on petition for dissolution of district--Form of ballot--Right to vote
Status: in_force

Within one hundred twenty days after a petition pursuant to § 38-8-90 has been received by the State Conservation Commission and a finding by the commission of public support for a referendum, the Division of Resource Conservation and Forestry shall give due notice, as defined in § 38-7-2 , of the holding of a referendum, and shall supervise the referendum. The commission shall promulgate rules pursuant to chapter 1-26 governing the conduct of the referendum. The question shall be submitted by ballots upon which the words "For continuing the existence of the __________ (name of the conservation district to be here inserted)" and "Against continuing the existence of the __________ (name of the conservation district to be here inserted)," shall be inserted with a square before each proposition and direction to insert a cross or check mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of the district. The Division of Resource Conservation and Forestry shall certify the need for a referendum to the county auditors of the counties having area included in the district. The certification shall be provided before August first of the year in which the general election is to be held.

Source: SL 1937, ch 19, § 14; SDC 1939, § 4.1516; SL 1959, ch 3, § 6; SL 1994, ch 316, § 28.
S.D. Codified Laws § 38-8-34 — SD Code / Title 38 / Chapter 8 / Section 38-8-34
Petition for change of name of district--Action by state commission--Issuance by secretary of state
Status: in_force

Petitions for changing the names of districts organized under this chapter may be filed with the State Conservation Commission. Any such petition shall be signed by a majority of the district supervisors and shall state the present name of the district and the proposed new name. If the commission determines that the proposed new name is not identical with or so similar to that of any other district in the state as to lead to confusion or uncertainty, it shall present a statement of such determination to the secretary of state, who shall issue to the district a certificate, under the seal of the state, evidencing the change of name of the district. Upon the issuance of such certificate, the supervisors of the district shall cause due notice to be given of the change of name of the district.

Source: SDC 1939, § 4.1518 as enacted by SL 1947, ch 14.
S.D. Codified Laws § 38-21-23 — SD Code / Title 38 / Chapter 21 / Section 38-21-23
Private applicator's license--Requirement--Fee--Promulgation of rules--Penalty for violation
Status: in_force

No private applicator may use any pesticide without a license and without first complying with the certification requirements determined by the secretary as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use. The secretary may require a license fee, to be established in rules promulgated pursuant to chapter 1-26 not to exceed twenty-five dollars. Any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Source: SL 1974, ch 255, § 13; SL 1986, ch 326, § 44; SL 1987, ch 287, § 3; SL 1991, ch 326, § 4; SL 2020, ch 175, § 5.
S.D. Codified Laws § 38-20A-28 — SD Code / Title 38 / Chapter 20A / Section 38-20A-28
Authorized container--Requirements--Prohibitions
Status: in_force

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper if one exists through which the ingredient statement on the immediate container cannot be clearly read, a label bearing clearly and plainly the information required in this chapter.

Source: SL 1947, ch 99, § 4; SDC Supp 1960, § 22.12A04 (1) (b); SDCL, § 39-19-28; SL 1977, ch 190, § 419; SL 1983, ch 281, § 24; SL 2020, ch 173, § 15.
S.D. Codified Laws § 38-32-3.3 — SD Code / Title 38 / Chapter 32 / Section 38-32-3.3
Voting eligibility of participating growers--Affidavit
Status: in_force

To be eligible to vote in a district election, a participating grower as defined in § 38-32-1 shall sign a participating grower affidavit at the time of voting. A husband and wife, a landlord and tenant, and a landowner and purchaser under a contract for deed which is of record in the office of the register of deeds in the county where the real property is situated are each entitled to vote for director, if they meet the requirements of § 38-32-1 . No individual, landlord, tenant, partnership, limited liability company, corporation, cooperative, association, or fiduciary may cast more than one vote per election even if operations are carried on in more than one council district. A participating grower may vote only in the council district in which he resides. A partnership, limited liability company, corporation, cooperative, or association resides in the council district where its principal place of business is located. A partnership, limited liability company, corporation, cooperative, or association shall attach a written authorization to the participating grower affidavit which indicates that the person casting the vote has been authorized to do so.

Source: SL 1991, ch 328, § 8; SL 1994, ch 351, § 91.
S.D. Codified Laws § 38-18-16.1 — SD Code / Title 38 / Chapter 18 / Section 38-18-16.1
Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order
Status: in_force

Any owner of an apiary who has been ordered to treat, destroy, or remove an apiary or regulated pest pursuant to § 38-18-16 , may request a hearing pursuant to chapter 1-26 before the date specified in the order. The request shall stay the effective date of the order unless the secretary finds that to delay effectiveness of the order would constitute an eminent hazard to life or property, including other bees. The secretary may affirm, amend, or revoke the order at the hearing.

Source: SL 1986, ch 330, § 19; SL 1989, ch 344, § 4; SL 1992, ch 280, § 8.
S.D. Codified Laws § 38-20A-1 — SD Code / Title 38 / Chapter 20A / Section 38-20A-1
Definitions
Status: in_force

(1) "Active ingredient," any ingredient which prevents, destroys, repels, or mitigates insects, fungi, rodents, weeds, or other pests;

(2) "Antidote," the most practical immediate treatment in case of poisoning, including first - aid treatment;

(3) "Bulk pesticide," any volume of a pesticide which is transported or held in an immediate reusable container in undivided quantities greater than one hundred pounds net dry weight or fifty - five U.S. gallons liquid measure. This does not include pesticides which are in the custody of the ultimate user and are fully prepared for use by the user;

(4) "Device," any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or for destroying, repelling, or mitigating fungi, weeds, rodents, or any other pests designated by the secretary, but not including equipment used for the application of pesticides when sold separately and not including rodent traps;

(5) "Fungi," all nonchlorophyll - bearing thallophytes of a lower order than mosses and liverworts, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals;

(6) "Fungicide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi;

(7) "Herbicide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed;

(8) "Inert ingredient," an ingredient which is not an active ingredient;

(9) "Ingredient statement," a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in a pesticide. In the case of every pesticide containing arsenic in any form, the ingredient statement shall show, in addition to other required information, the percentages of total arsenic and of water - soluble arsenic, each expressed in terms of elemental arsenic;

(10) "Insect," any of the numerous small invertebrate animals belonging to the class insecta and to other allied classes of arthropods;

(11) "Insecticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment;

(12) "Label," the written, printed, or graphic matter on, or attached to, the pesticide or device, or the immediate container and the outside container or wrapper of the retail package;

(13) "Labeling," all labels and other written, printed, or graphic matter:

(a) On the pesticide or device or any of its containers or wrappers;

(b) Accompanying the pesticide or device at any time; or

(c) To which reference is made on the label or in literature accompanying the pesticide or device, except accurate, nonmisleading reference to current official publications of any government institution or official agency of the United States or of this or any other state, authorized by law to conduct research in the field of pesticides;

(14) "Pest," any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living persons or other living animals, which the secretary declares to be a pest;

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

(16) "Registrant," the person registering any pesticide pursuant to the provisions of this chapter;

(17) "Rodenticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the secretary declares to be a pest;

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

(19) "Waste pesticide," any pesticide formulation that cannot be used according to label directions because of cancellation or suspension of its federal registration or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because the pesticide is not stored in its original container; and

(20) "Weed," any plant which grows where not wanted.

Source: SL 1943, ch 88, § 1; SL 1947, ch 99, § 2; SL 1955, ch 69; SDC Supp 1960, § 22.12A02; SDCL, § 39-19-1; SL 1983, ch 281, § 1; SL 1986, ch 332, § 2; SL 1992, ch 282, § 3; SL 2020, ch 173, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-45 — SD Code / Title 38 / Chapter 8 / Section 38-8-45
Chairman and officers of district board--Quorum--Majority required for actions
Status: in_force

At the first meeting in January of each year the supervisors of a conservation district shall designate a chairman, vice - chairman, a secretary, and a treasurer, or a secretary - treasurer. The treasurer, or secretary - treasurer, if combined, need not be a member of the board of supervisors. A majority of the supervisors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.

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 § 38-19-47 — SD Code / Title 38 / Chapter 19 / Section 38-19-47
Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard
Status: in_force

The secretary of agriculture and natural resources may reject the commercial fertilizer distribution license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial fertilizer license of any firm subsequently found not to be in compliance with any provision of this chapter. However, no commercial fertilizer distribution license may be refused or canceled unless the licensee has been given an opportunity to be heard before the secretary and to amend the application in order to comply with the requirements of this chapter.

Source: SL 2001, ch 215, § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-27-5 — SD Code / Title 38 / Chapter 27 / Section 38-27-5
Officers--Quorum--Meetings
Status: in_force

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

Source: SL 1980, ch 273, § 5; SL 1989, ch 346, § 4.
S.D. Codified Laws § 38-12A-18 — SD Code / Title 38 / Chapter 12A / Section 38-12A-18
Additional civil penalty
Status: in_force

In addition to the criminal penalties imposed under this chapter, a person is subject to a further civil penalty to the State of South Dakota as prescribed by the secretary pursuant to § 38-12A-20 not to exceed ten times the retail value of any seed involved in the violation or a maximum of one thousand dollars per violation.

Source: SL 1988, ch 314, § 18.
S.D. Codified Laws § 38-1-49 — SD Code / Title 38 / Chapter 1 / Section 38-1-49
Promulgation of rules
Status: in_force

The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26 , to determine the following sampling protocols:

(1) To determine who is authorized to collect samples or conduct related activity;

(2) To determine methods of sample storage;

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

(4) To implement fees to recover sampling and related costs.

Source: SL 2002, ch 188, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-20-35 — SD Code / Title 38 / Chapter 20 / Section 38-20-35
Major grasshopper infestation and emergency--Declaration by Governor--Availability of funds
Status: in_force

The Governor may declare a major grasshopper infestation and an emergency from major infestation in areas where landowners and lessees have formed a grasshopper control committee and have entered into an agreement with the State Department of Agriculture and Natural Resources. Upon the declaration of emergency, funds from the general contingency fund, as created by chapter 4-8A , may be made available, pursuant to approval granted by chapter 4-8A or other funds available to the Department of Agriculture and Natural Resources, for grasshopper control.

Source: SL 1979, ch 265, §§ 1, 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-20A-54 — SD Code / Title 38 / Chapter 20A / Section 38-20A-54
Waste pesticide--Development of program--Promulgation of rules
Status: in_force

For the purposes of developing a waste pesticide collection and disposal program and a pesticide container recycling program, the secretary may promulgate rules pursuant to chapter 1-26 to:

(1) Enter into agreements with private entities and cooperate with other local, state, or federal agencies to fulfill the goals of the program;

(2) Define the types and condition of pesticide containers to be accepted through the recycling program;

(3) Define the kind and condition of pesticides to be accepted through the waste pesticide collection and disposal program;

(4) Establish procedures for collecting waste pesticides for disposal and pesticide containers for recycling; and

(5) Develop criteria for establishing pesticide and pesticide container collection sites.

Source: SL 1992, ch 282, § 1; SL 1995, ch 232; SL 2020, ch 173, § 31.
S.D. Codified Laws § 38-20-2 — SD Code / Title 38 / Chapter 20 / Section 38-20-2
Rodent control agreements with Fish and Wildlife Service--Employment of assistance--Purchase of supplies and equipment
Status: in_force

The secretary of agriculture and natural resources is authorized to make and enter into such cooperative agreements with the proper authorities of the United States Fish and Wildlife Service to accomplish the purposes of §§ 38-20-1 and 38-20-2 , and he is hereby authorized, in cooperation with the said Fish and Wildlife Service to employ such assistance and purchase such supplies and equipment as he may deem necessary to carry out the purposes of said sections. Any supplies and equipment so purchased shall be exempt from the provisions of the law relating to the purchasing and printing functions of the Bureau of Human Resources and Administration of this state.

Source: SL 1941, ch 6, § 2; SDC Supp 1960, § 4.0108; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 38-8-44 — SD Code / Title 38 / Chapter 8 / Section 38-8-44
Filling of vacancies in district board
Status: in_force

Vacancies in the term of any supervisor of a conservation district shall be filled by appointment by a majority of the other district supervisors, such appointee to serve until the next general election at which time such vacancy shall be filled by the voters for the unexpired term.

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 1985, ch 15, § 50.
S.D. Codified Laws § 38-10-26 — SD Code / Title 38 / Chapter 10 / Section 38-10-26
Alteration of proof of purchase documents as misdemeanor
Status: in_force

The proof of purchase documents, referred to in § 38-10-25 , shall be legibly written and have no corrections or erasures on the face thereof. Any person who alters any part of any proof of purchase documents in an attempt to defraud the wheat commission is guilty of a Class 2 misdemeanor.

Source: SL 1961, ch 11, § 15 (4); SL 1977, ch 190, § 302; SL 1993, ch 302, § 14.
S.D. Codified Laws § 38-19-28 — SD Code / Title 38 / Chapter 19 / Section 38-19-28
Recommendation of grades of fertilizers for use in state--Publication of recommended lists
Status: in_force

The secretary of agriculture and natural resources may in his discretion hold public hearing open to all interested parties and with the aid of available and impartial data promulgate a list of grades of mixed fertilizers recommended as adapted to the agricultural needs of the state. Immediately after such hearing or as nearly as practicable thereafter it shall be the duty of the secretary with the cooperation of the agricultural experiment station and the extension service to give wide publicity to such list of adapted grades of mixed fertilizers so the consumers may profit by this information and avoid loss of time and money by the use of fertilizers not adapted to their soil needs.

Source: SL 1949, ch 85, § 9; SDC Supp 1960, § 22.1709; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-18-10 — SD Code / Title 38 / Chapter 18 / Section 38-18-10
Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty
Status: in_force

Any colony or apiary infested with a regulated pest is a public nuisance. The owner or person in charge of maintaining an apiary shall, upon finding that a regulated pest is present in the apiary, immediately treat the regulated pest or destroy or remove the infested apiary or upon receiving written notice pursuant to § 38-18-16 comply with such notice. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a further penalty not to exceed five hundred dollars per day, for each day he remains in violation of this section.

Source: SL 1947, ch 6, § 9; SL 1959, ch 2, § 6; SDC Supp 1960, § 4.1109; SL 1976, ch 243, § 7; SL 1986, ch 330, § 12.
S.D. Codified Laws § 38-8-47 — SD Code / Title 38 / Chapter 8 / Section 38-8-47
Employment of personnel by supervisors--Legal services--Delegation of powers
Status: in_force

The supervisors of a conservation district may employ such agents and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney general of the state and state's attorney of the county or counties in which the district is situated, for such legal services as they may require. The supervisors may delegate to their officers, to one or more supervisors, or to one or more employees such powers and duties as they may deem proper and consistent with this chapter.

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 § 38-21-14 — SD Code / Title 38 / Chapter 21 / Section 38-21-14
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Animals," all vertebrate and invertebrate species, including humans;

(2) "Bulk pesticide," any volume of a pesticide, which is transported or held in an immediate reusable container, in undivided quantities greater than one hundred pounds net dry weight or fifty-five United States gallons liquid measure, but not including pesticides that are in the custody of the ultimate user and are fully prepared for use by the user;

(3) "Bulk pesticide storage facility," any area, location, tract of land, building, structure, or premises, constructed in accordance with rules promulgated by the secretary, pursuant to chapter 1-26 , for the storage of bulk pesticides;

(4) "Certified applicator," any individual certified under this chapter to use any pesticide;

(5) "Commercial applicator," a certified applicator, eighteen years of age or older, who uses pesticide, on any property, other than as a private applicator;

(6) "Defoliant," any substance or mixture of substances intended to cause the leaves or foliage of a plant to drop, with or without causing abscission;

(7) "Desiccant," any substance or mixture of substances intended to artificially accelerate the drying of plant tissue;

(8) "Device," any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects, or for destroying, repelling, or mitigating fungi, weeds, rodents, or any other pests designated by the secretary, but not including:

(a) Equipment used for the application of pesticides, if sold separately; and

(b) Rodent traps;

(9) "Environment," water, air, land, and all plants and animals living therein, and the interrelationships that exist among them;

(10) "Equipment," any ground, water, or aerial equipment, or any device that uses motorized, mechanical, or pressurized power to apply pesticide, but not including a pressurized, hand-sized, household device that requires the person applying the pesticide to be the source of power or energy to make the pesticide application;

(11) "Fungus," any nonchlorophyll-bearing thallophyte, except those on or in processed food, beverages, or pharmaceuticals, or those on or in living animals;

(12) "Insect," any small invertebrate animal belonging to the class insecta or to other allied classes of arthropods;

(13) "Labeling," any written, printed, or graphic matter:

(a) That is on the pesticide or device, or on any of its containers or wrappers;

(b) That accompanies the pesticide or device, at any time; or

(c) To which reference is made in literature that accompanies the pesticide or device, except for accurate, nonmisleading references to current publications of any government institution or agency of the United States, or of this or any other state, authorized by law to conduct research in the field of pesticides;

(14) "Land," all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation;

(15) "Pesticide dealer," a person who distributes:

(a) A restricted-use pesticide;

(b) A pesticide that is restricted in use or distribution, by regulation; or

(c) A pesticide that is to be applied to agricultural land and is provided in a container larger than one hundred gallons;

(16) "Nematode," any invertebrate animal of the phylum ne-mathel-minthes or nematoda;

(17) "Pest," any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in a living human or other living animal, which the secretary declares to be a pest;

(18) "Pesticide," any substance or mixture of substances intended to:

(a) Prevent, destroy, repel, or mitigate any pest;

(b) Be used as a plant regulator, defoliant, or desiccant; or

(c) Be used as a spray adjuvant;

(19) "Plant regulator," any substance or mixture of substances, intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants, or the produce thereof, but not including substances to the extent they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments;

(20) "Private applicator," a certified applicator, eighteen years of age or older, who:

(a) Uses any pesticide, other than a restricted-use pesticide, for purposes of producing any agricultural commodity amounting to greater than one thousand dollars gross sales potential per year, on property owned or rented by the private applicator or the private applicator's employer;

(b) Uses any restricted-use pesticide for the purpose of producing any agricultural commodity on property owned or rented by the private applicator or the private applicator's employer;

(c) Applies any pesticide on the property of another, without compensation, other than the trading of personal services between producers of agricultural commodities; or

(d) Is not regularly in the business of applying pesticides for hire, as a principal or regular occupation, and is not held out to the public as a commercial applicator;

(21) "Registrant," the person registering any pesticide in accordance with this chapter;

(22) "Restricted-use pesticide," any pesticide classified as a restricted-use pesticide by the secretary;

(23) "Rinsate," any solution containing pesticide residue, which is generated from the washing or flushing of pesticide containers and pesticide equipment;

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

(25) "Spray adjuvant," any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent, intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the pesticide with which it is to be used;

(26) "Unreasonable adverse effects on the environment," any unreasonable risk to humans or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide; and

(27) "Weed," any plant that grows where it is not wanted.

Source: SL 1974, ch 255, § 1; SL 1975, ch 251, §§ 1, 3; SL 1976, ch 245, §§ 1, 2; SL 1985, ch 312, § 1; SL 1985, ch 377, § 2; SL 1986, ch 332, § 1; SL 1988, ch 316, § 1; SL 1991, ch 326, § 1; SL 1992, ch 283, § 1; SL 2011, ch 189, § 1; SL 2015, ch 203, § 20; SL 2020, ch 174, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2023, ch 145, § 1; SL 2023, ch 146, § 1.
S.D. Codified Laws § 38-24B-18 — SD Code / Title 38 / Chapter 24B / Section 38-24B-18
Withholding certificate where pests discovered--Prohibiting distribution of infested or defective stock
Status: in_force

If any pests are discovered in any nursery, the certificate of inspection shall be withheld until the pest has been abated, as provided in this chapter. The secretary of agriculture and natural resources may prohibit the sale or distribution of any nursery stock if upon inspection it is found to be so infested by pests or to be nonviable or damaged or desiccated so as to be incapable of normal growth if given reasonable care. The secretary may order it removed from sale, treated, or destroyed.

Source: SL 1985, ch 313, § 18; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-32-20 — SD Code / Title 38 / Chapter 32 / Section 38-32-20
Refund to grower--Application--When refund made
Status: in_force

Any grower subject to the assessment provided in this chapter may, within sixty days following such assessment, make application to the council for a refund of the assessment. Upon the return of the refund application, accompanied by a record of the assessment by the first purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. However, a grower who has paid the assessment more than once on the same corn is entitled to a refund of the overpayment.

Source: SL 1988, ch 318, § 20.
S.D. Codified Laws § 38-35-8 — SD Code / Title 38 / Chapter 35 / Section 38-35-8
Planting verification--Documentation to be filed--Contents
Status: in_force

Within thirty days of planting, each grower licensee under this chapter shall file with the department planting verification documentation as required by the secretary to identify the type and variety of each hemp seed planted with its corresponding lot.

Source: SL 2020, ch 176, § 8, eff. Mar. 27, 2020; SL 2022, ch 155, § 8, eff. Mar. 18, 2022.
S.D. Codified Laws § 38-19-33 — SD Code / Title 38 / Chapter 19 / Section 38-19-33
Analytical methods used by director of laboratories
Status: in_force

The methods of analysis shall be those adopted by the secretary of agriculture and natural resources, through rules promulgated pursuant to the provisions of chapter 1-26 , from published sources such as those of the association of official analytical chemists.

Source: SL 1949, ch 85, § 7; SDC Supp 1960, § 22.1707(3); SL 1986, ch 326, § 31; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-21-53 — SD Code / Title 38 / Chapter 21 / Section 38-21-53
Entry and inspection by secretary
Status: in_force

To perform any duty pursuant to the provisions of this chapter, the secretary may enter any public or private premises at any reasonable time to inspect any pesticide - related equipment and the premises on which the equipment is kept or stored, to inspect lands actually or reportedly exposed to pesticides, to inspect storage or disposal areas, to investigate complaints of injury to humans or land, to examine any records required to be maintained pursuant to this chapter, or to sample pesticides being applied or to be applied. The secretary may apply to any court of competent jurisdiction for a search warrant authorizing access to any land or premises to which the secretary may be denied access.

Source: SL 1974, ch 255, § 31; SL 2020, ch 173, § 56.
S.D. Codified Laws § 38-21-41 — SD Code / Title 38 / Chapter 21 / Section 38-21-41
Reciprocal waiver of examinations
Status: in_force

The secretary may waive any examination requirement under any provision of this chapter on a reciprocal basis with any other state which has substantially the same standards.

Source: SL 1974, ch 255, § 24; SL 2020, ch 173, § 54.
S.D. Codified Laws § 38-12A-3 — SD Code / Title 38 / Chapter 12A / Section 38-12A-3
Label required for containers of lawn and turf seed--Contents
Status: in_force

Each container of lawn and turf 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 for each lawn and turf 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) Lot number or other lot identification;

(3) Percentage by weight of all weed seed;

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

(5) Percentage by weight of crop seeds other than those required to be named on label, if present, listed under the heading "other crop";

(6) Percentage by weight of inert matter;

(7) For each named lawn and turf seed:

(a) Percentage of 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, or an expiration date, or the year for which the seed was packed for sale listed as "packed for __________";

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

Source: SL 1988, ch 314, § 3.
S.D. Codified Laws § 38-5-1 — SD Code / Title 38 / Chapter 5 / Section 38-5-1
Agreements with federal government for annual census--Purpose
Status: in_force

The secretary of agriculture and natural resources of the State of South Dakota is hereby authorized and directed to enter into cooperative agreements with any officers or agencies of the federal government for the taking of annual agricultural censuses by the regularly appointed assessment officers and such other public officers and employees as may be designated for that purpose, for the purpose of obtaining information to be used by the federal government in the State of South Dakota and the allotment of benefits and other payments to farmers cooperating with the federal government, or for any other purpose whatever for which such information may be desired or required by any federal or state officer or agency.

Source: SL 1937, ch 17, § 1; SDC 1939, § 4.0601; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-12A-4 — SD Code / Title 38 / Chapter 12A / Section 38-12A-4
Label required for containers of vegetable seeds in planting devices--Contents
Status: in_force

Each container of vegetable seeds, or of vegetable seeds in preplanted containers, mats, tapes, or other planting devices, 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 and variety for each vegetable 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 hybrid except if the pure seed contains less than seventy - five percent hybrid seed. If the percentage of hybrid seed is greater that 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) Percentage by weight of all weed seed when present;

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

(6) Name and address of the seedsman or seed producer who labeled the seed;

(7) For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:

(a) The year for which the seed was packed for sale as "packed for ______" or the percentage germination and the calendar month and year the test was completed to determine such percentage, or an expiration date;

(b) For vegetable seeds which germinate less than the standards prescribed by the secretary pursuant to § 38-12A-20 :

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

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

(iii) The words "Below standards" in not less than eight - point type;

(c) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container;

(8) For each named vegetable seed in containers other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(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.

Source: SL 1988, ch 314, § 4; SL 1989, ch 30, § 66.
S.D. Codified Laws § 38-20A-4 — SD Code / Title 38 / Chapter 20A / Section 38-20A-4
Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation
Status: in_force

Before any person whose name or brand name appears on a pesticide may distribute, sell, or offer for sale or distribution in this state any pesticide, the person shall file with the secretary a registration of the pesticide. Each registration shall include the following:

(1) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;

(2) The name of the pesticide;

(3) One complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for the pesticide, including directions for use;

(4) If requested by the secretary, efficacy, toxicity, residue, and any other data necessary to determine if the pesticide will perform its intended function without unreasonable adverse effects on the environment;

(5) The classification or lack of classification and general use or restricted use of the pesticide; and

(6) An annual registration fee of one hundred sixty-five dollars.

Each registration is valid for one year and expires on June thirtieth. The registration may not be transferred. A fee equal to fifty percent of the registration fee shall be applied to any late renewal. Each pesticide registration fee is nonrefundable.

If a pesticide is no longer available for use due to a cancellation or suspension order of the United States Environmental Protection Agency, it is not subject to registration requirements. If the holder of a pesticide registration cancels the registration, the pesticide shall be discontinued within two years. During the discontinuance period, the annual registration fee shall be paid.

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (1); SDCL § 39-19-4; SL 1983, ch 281, § 2; SL 1998, ch 247, § 1; SL 2008, ch 208, § 1, eff. Mar. 13, 2008; SL 2018, ch 243, § 1; SL 2020, ch 175, § 1.
S.D. Codified Laws § 38-29-14 — SD Code / Title 38 / Chapter 29 / Section 38-29-14
Council may contract with Public Utilities Commission to inspect assessment and checkoff records
Status: in_force

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

Source: SL 1996, ch 245, § 3; SL 2009, ch 196, § 3.
S.D. Codified Laws § 38-35-7 — SD Code / Title 38 / Chapter 35 / Section 38-35-7
License issuance--Denial, revocation, or suspension--Contested case
Status: in_force

If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with § 38-35-5 , and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.

A grower or research license issued under this chapter is valid for fifteen months from the date of issuance. A processor license issued under this chapter is valid for up to three years from the date of issuance.

The department may deny, revoke, or suspend a license of any person who:

(1) Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;

(2) Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;

(3) Provides false or misleading information in connection with any application required by this chapter;

(4) Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years;

(5) Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check; or

(6) Requests the secretary to revoke or suspend the license.

Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26 .

Source: SL 2020, ch 176, § 7, eff. Mar. 27, 2020; SL 2021, ch 182, § 4, eff. Mar. 25, 2021; SL 2022, ch 155, § 7, eff. Mar. 18, 2022; SL 2024, ch 168, § 4.
S.D. Codified Laws § 38-22-19 — SD Code / Title 38 / Chapter 22 / Section 38-22-19
Police powers of state personnel in enforcement of chapter
Status: in_force

In the performance of their duties, pursuant to this chapter, the South Dakota Weed and Pest Control Commission, the secretary of agriculture and natural resources, his assistants, inspectors, agents, and employees are vested with police powers.

Source: SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 21; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-29-8 — SD Code / Title 38 / Chapter 29 / Section 38-29-8
Assessment on soybeans grown in state or sold to first purchaser within state--Rate--Exemption for organic soybeans
Status: in_force

An assessment at the rate of one-half of one percent of the value of the net market price is imposed by the soybean research and promotion council upon all soybeans grown in the state or sold to a first purchaser within the state. This assessment is due upon any identifiable lot or quantity of soybeans. Any soybean producer operating under a national organic program approved by the United States Department of Agriculture who produces and markets only commodities that may be labeled, one hundred percent organic, is eligible for exemption from paying the soybean assessment.

Source: SL 1984, ch 267, § 8; SL 1985, ch 314, § 9; SL 1985, ch 315; SL 2007, ch 229, § 3.
S.D. Codified Laws § 38-33-8 — SD Code / Title 38 / Chapter 33 / Section 38-33-8
Records--Reports and remittances
Status: in_force

Each purchaser shall keep a permanent record for three years of all purchases of swine, which may be examined by the commission at any reasonable time. Each purchaser shall report to the commission stating the seller and quantity of swine. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the commission pursuant to rules promulgated by the commission pursuant to chapter 1-26 .

Source: SL 2001, ch 219, § 12.
S.D. Codified Laws § 38-7-24 — SD Code / Title 38 / Chapter 7 / Section 38-7-24
Request to Legislature for appropriations
Status: in_force

To accomplish the purposes of the State Conservation Commission and the conservation districts as provided in this chapter and chapter 38-8 , the Division of Resource Conservation and Forestry may present requests to the State Legislature for appropriations adequate to carry out the duties and responsibilities of it and the State Conservation Commission and the districts.

Source: SDC 1939, § 4.1506 as added by SL 1968, ch 1, § 4.
S.D. Codified Laws § 38-24A-5 — SD Code / Title 38 / Chapter 24A / Section 38-24A-5
Interstate cooperation in control activities
Status: in_force

The secretary of agriculture and natural resources is authorized to cooperate with agencies of adjacent states in such operations and measures as he deems necessary to locate, suppress, control, or to prevent or retard the spread of any pest; provided, that the use of funds for operations in adjacent states must be approved in advance by the Governor or his designee.

Source: SL 1971, ch 220, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-94 — SD Code / Title 38 / Chapter 8 / Section 38-8-94
Conduct of election on dissolution of district--Certification of results
Status: in_force

The conduct of elections held under § 38-8-92 shall be governed by the general election laws. The county commission in each county in which the election is conducted shall certify the results of the election to the State Conservation Commission.

Source: SL 1959, ch 3, § 7; SDC Supp 1960, § 4.1507-1; SL 1986, ch 326, § 13; SL 1994, ch 316, § 30.
S.D. Codified Laws § 38-7-3 — SD Code / Title 38 / Chapter 7 / Section 38-7-3
State Conservation Commission established
Status: in_force

There is hereby established the State Conservation Commission.

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 2024, ch 166, § 6.
S.D. Codified Laws § 38-24B-8 — SD Code / Title 38 / Chapter 24B / Section 38-24B-8
Separate license for each sale location--Display--Violation as misdemeanor
Status: in_force

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

Source: SL 1985, ch 313, § 8; SL 2016, ch 202, § 5.
S.D. Codified Laws § 38-8-49.1 — SD Code / Title 38 / Chapter 8 / Section 38-8-49.1
Budget estimates of operating and maintenance costs submitted to counties--Determination and apportionment of costs--Funds derived from general county fund
Status: in_force

A conservation district and its supervisors shall at least three weeks before the dates specified by law for the setting up of official budgets, estimate the total cost of operating and maintaining the district for the ensuing fiscal year and the amount of moneys that may be available from all sources. These estimates shall be submitted in the form of a budget to the board of county commissioners of the county or counties comprising the territory of the district and the county or counties shall then provide the additional moneys required to operate and maintain the district during the ensuing fiscal year. The counties shall follow the procedures set forth in §§ 38-8-55 to 38-8-57 , inclusive, and may disallow or otherwise, modify any item or items which it determines are not justified. The cost of operating and maintaining the district over the estimated moneys available to the district from all other sources, shall be apportioned by the district board of supervisors among the counties on the basis of land acreages lying in the respective counties comprising the district. Funds for the operation and maintenance of the district shall be derived from the general fund of the county or counties comprising the district.

Source: SDC 1939, § 4.1510 as added by SL 1968, ch 1, § 11; SL 1985, ch 77, § 24.
S.D. Codified Laws § 38-8A-12.1 — SD Code / Title 38 / Chapter 8A / Section 38-8A-12.1
Filing of petition--Submission of standards to election unless supervisors approve revision
Status: in_force

A petition pursuant to § 38-8A-12 shall be filed with the conservation district supervisors. The filing of a petition shall require the submission of the named conservation district standards to an election of the qualified voters of the district. However, if the supervisors approve the proposed revision before the election, the election shall not proceed.

Source: SL 1980, ch 269, § 2.
S.D. Codified Laws § 38-22-9 — SD Code / Title 38 / Chapter 22 / Section 38-22-9
Determination and publication of lists of state weeds and pests
Status: in_force

The South Dakota Weed and Pest Control Commission, pursuant to rules promulgated pursuant to the provisions of chapter 1-26 , may determine which plants and animals shall be considered to be weeds and pests and shall from time to time prepare, and the Department of Agriculture and Natural Resources shall publish, a list of state weeds and pests.

Source: SL 1945, ch 349, § 3; SL 1949, ch 437; SDC Supp 1960, § 62.0303; SL 1983, ch 282, § 10; SL 1986, ch 326, § 49; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-34-12 — SD Code / Title 38 / Chapter 34 / Section 38-34-12
First purchaser of pulse crops--Information required on application or affidavit
Status: in_force

Each first purchaser of pulse crops shall file an application or affidavit with the council on forms prescribed and furnished by the council which contain the name under which the first purchaser is transacting business within the state, the place of business, and the location of loading places of the first purchaser.

Source: SL 2005, ch 214, § 12.
S.D. Codified Laws § 38-18-27 — SD Code / Title 38 / Chapter 18 / Section 38-18-27
Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses
Status: in_force

Any person may request to enter into a compliance agreement with the secretary or that the secretary make additional inspections of bees, bee equipment, or honey houses. The person requesting the agreement shall pay a fee of fifty dollars per compliance agreement. If an inspection is conducted, the person requesting the inspection shall pay the secretary any extra expense incidental to such inspection plus mileage and per diem for inspectors' expenses.

Source: SL 1947, ch 6, § 16; SDC Supp 1960, § 4.1115; SL 1986, ch 330, § 31; SL 1992, ch 280, § 11; SL 2001, ch 215, § 35.
S.D. Codified Laws § 38-8A-29 — SD Code / Title 38 / Chapter 8A / Section 38-8A-29
Annual report of violations
Status: in_force

The conservation districts shall file with the Conservation Commission an itemized annual report noting the number and nature of violations of this chapter. The report shall be filed within sixty days after the end of the conservation district's fiscal year.

Source: SL 1997, ch 226, § 7.
S.D. Codified Laws § 38-34-14 — SD Code / Title 38 / Chapter 34 / Section 38-34-14
Pledge or mortgage of pulse crops as security for loan under federal price support program--Procedures for payment of assessment
Status: in_force

In the case of a pledge or mortgage of pulse crops as security for a loan under the federal price support program, the assessment established under § 38-34-10 shall be deducted from the proceeds of the loan at the time the loan is made, or be deducted thereafter by agencies of the federal government. The producer's note and loan agreement, producer's note and supplemental loan agreement, or delivery instructions issued by the federal agency to the grower fulfill the requirements for invoices, and these documents constitute proof of payment of the assessment on the pulse crops. Forms supplemental or alternate to those approved in this section that are provided by the Commodity Credit Corporation of the United States Department of Agriculture and contain the necessary information may be used for the purposes of this section. Identification numbers created by the Commodity Credit Corporation for use in lieu of the name of the grower from whom the assessment was collected are approved, if authorized officials of the State of South Dakota have access at all reasonable times to records in the United States Department of Agriculture Farm Service Agency county offices showing the names of growers to whom such identification numbers have been assigned.

Source: SL 2005, ch 214, § 14.
S.D. Codified Laws § 38-24B-17 — SD Code / Title 38 / Chapter 24B / Section 38-24B-17
Inspection of nurseries, places of possible pest infestation and nursery stock--Hindering as misdemeanor
Status: in_force

The Department of Agriculture and Natural Resources may annually inspect all nurseries in this state. The department may inspect any field, orchard, garden, plantation, park, cemetery, packing ground, building, cellar, and all places, public or private, which may be infested or infected with a pest. The department may inspect or reinspect at any time or place any nursery stock shipped in or into this state and treat it as provided in this chapter. No person may hinder, obstruct, or defeat the inspection by misrepresentation or concealment of facts or conditions or make a false declaration of acreage or cause any concealment of nursery stock from inspection. Any person hindering, obstructing, or defeating an inspection required by this section is guilty of a Class 1 misdemeanor.

Source: SL 1985, ch 313, § 17; SL 1986, ch 335, § 6; SL 2015, ch 203, § 21; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-23.4 — SD Code / Title 38 / Chapter 22 / Section 38-22-23.4
Subsequent appointment or election of weed board
Status: in_force

After the initial county weed and pest board has been appointed or elected, the board of county commissioners shall appoint or provide for the election of members to fill expired terms or vacancies. Each board member shall assume office at the first regular meeting of the board following appointment or election.

Source: SL 1983, ch 282, § 29; SL 1984, ch 266, § 1.
S.D. Codified Laws § 38-32-17 — SD Code / Title 38 / Chapter 32 / Section 38-32-17
Application to be filed by first purchaser--Contents
Status: in_force

Any first purchaser of corn shall file an application with the council on forms prescribed and furnished by the council which shall contain the name under which the first purchaser is transacting business within the state, place of business, and the location of loading places of the first purchaser.

Source: SL 1988, ch 318, § 17.
S.D. Codified Laws § 38-29-11 — SD Code / Title 38 / Chapter 29 / Section 38-29-11
Records and reports--Remittance of assessment
Status: in_force

Any first purchaser shall keep as a part of his permanent records a record of all purchases of raw soybeans, which may be examined by the soybean research and promotion council at any reasonable time. Every first purchaser shall report to the council stating the quantity of soybeans received by him. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the council pursuant to administrative rules promulgated pursuant to chapter 1-26 .

Source: SL 1984, ch 267, § 11; SL 1985, ch 314, § 12.
S.D. Codified Laws § 38-8A-18.1 — SD Code / Title 38 / Chapter 8A / Section 38-8A-18.1
Noncompliance--Penalties
Status: in_force

Any person found to have engaged in land disturbing activities pursuant to § 38-8A-20 who intentionally refuses or fails to comply with the action directed by the petitioned agency, may lose eligibility for financial assistance from any state agency or political subdivision of the state involved in natural resources. If a state agency denies financial assistance to any person pursuant to this section, such denial is appealable pursuant to chapter 1-26 .

Source: SL 1997, ch 227, § 1.
S.D. Codified Laws § 38-12A-11 — SD Code / Title 38 / Chapter 12A / Section 38-12A-11
Seed dealers permit required--Exception--Expiration--Fee
Status: in_force

No person may sell, distribute, advertise, solicit orders for, offer for sale, expose for sale, or transport seed without first obtaining from the Department of Agriculture and Natural Resources a permit to engage in the business. No permit is required of any person selling or advertising seed of the person's own production in South Dakota, if the seed is stored or delivered to a purchaser only on or from the farm or premises where grown or the production and sale of seed is not a primary endeavor and primary source of income to such persons. Each permit shall expire on the thirty-first day of December of the year following the date of issue. The biennial fee for a seed permit is: Seedsman-- five hundred dollars; Seed producer-- seventy-five dollars; Seed dealer-- seventy-five dollars.

Source: SL 1988, ch 314, § 11; SL 2001, ch 215, § 1; SL 2009, ch 197, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-1-1.1 — SD Code / Title 38 / Chapter 1 / Section 38-1-1.1
Department continued--Performance of functions
Status: in_force

The Department of Agriculture and Natural Resources shall continue as such and shall continue to perform its functions as provided in § 1-41-4 , except for the inspection functions vested in the Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland Fire functions vested in the Department of Public Safety by Executive Reorganization Order 2021-03.

Source: SL 1973, ch 2, § 131; SL 2004, ch 17, § 277; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 64, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-33 — SD Code / Title 38 / Chapter 22 / Section 38-22-33
Transportation of plant products containing weed seed as misdemeanor
Status: in_force

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

Source: SL 1983, ch 282, § 49.
S.D. Codified Laws § 38-34-13 — SD Code / Title 38 / Chapter 34 / Section 38-34-13
Record of purchases of pulse crops--Quantity--Rules on report and assessment
Status: in_force

Each first purchaser shall keep a permanent record of all purchases of pulse crops, which may be examined by the council at any reasonable time. The first purchaser shall report to the council the quantity of pulse crops received by the first purchaser. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the council in rules promulgated pursuant to chapter 1-26 .

Source: SL 2005, ch 214, § 13.
S.D. Codified Laws § 38-24A-1 — SD Code / Title 38 / Chapter 24A / Section 38-24A-1
Definition of terms
Status: in_force

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

(1) "Certificate," a document issued or authorized by the secretary indicating that a regulated article is not contaminated with a pest and is eligible for movement;

(2) "Designated agent," any United States government agency or employee or any individual or member of any agency or organization commissioned by the secretary of agriculture and natural resources to aid in the enforcement of the provisions of this chapter;

(3) "Host," any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle;

(4) "Infested," actually infested or infected with a pest in any amount or quantity or so exposed to infestation that it would be reasonable to believe that an infestation exists;

(5) "Move," to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved;

(6) "Permit," a document issued or authorized by the secretary to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing;

(7) "Pest," any animal, plant, insect, or infectious transmissible or contagious disease, or other organism, causing or capable of causing injury or which is or may be dangerous or detrimental to the plant industry of the state;

(8) "Regulated article," any article of any character as described in a quarantine carrying or capable of carrying the pest against which a quarantine is directed;

(9) "Regulated pest," a pest which the secretary determines is sufficiently detrimental to the plant industry of the state to warrant control or eradication measures.

Source: SL 1971, ch 220, § 1; SL 1986, ch 334, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-10-31 — SD Code / Title 38 / Chapter 10 / Section 38-10-31
Fee paid at time of federal loan as complete satisfaction
Status: in_force

If such wheat, described in § 38-10-28 , remains in farm storage for the duration of such pledge or mortgage, the promotional fee so paid at the time the loan was made shall be deemed a complete satisfaction of the promotional fee liability unless upon subsequent actual delivery of such wheat from farm storage in satisfaction of the pledge, or mortgage in the amount of one dollar or more, such underpayment being due solely for the necessity of estimating the quantity of wheat so placed in farm storage.

Source: SL 1961, ch 11, § 12 (4).
S.D. Codified Laws § 38-19-48 — SD Code / Title 38 / Chapter 19 / Section 38-19-48
Nutrient research and education fund created
Status: in_force

There is hereby created a nutrient research and education fund for the purpose of advancing fertilizer-related, nutrient-related, and water quality-related purposes as provided in § 38-19-49 . Any money in the nutrient research and education fund is continuously appropriated to the Agriculture Experiment Station. The state may accept and expend for the purposes of §§ 38-19-48 to 38-19-51 , inclusive, funds obtained from appropriations or any other source. Interest earned on money in the fund shall be deposited into the fund. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in § 4-7-7.2 .

Source: SL 2016, ch 201, § 7.
S.D. Codified Laws § 38-8A-6 — SD Code / Title 38 / Chapter 8A / Section 38-8A-6
District standards for erosion and sediment control--Local government consulted--Time--Fragile land designation
Status: in_force

The supervisors of each district in the state, in cooperation and consultation with counties, municipalities, and other affected units of local government shall, within twelve months after the adoption of the state guidelines, develop proposed district conservation standards. These standards may designate, as fragile land, any area of the district that:

(1) Is Class IVe, VI, VII, or VIII, according to the United States Department of Agriculture classification system, as described in Title 430, National Soil Survey Handbook, Part 622 Interpretive Groups, Land Capability Classification, (June 2020); and

(2) Is so erosive as to cause a public hazard when converted to cropland use.

Source: SL 1976, ch 242, § 5; SL 1984, ch 263, § 8; SL 2024, ch 167, § 2.
S.D. Codified Laws § 38-24A-21 — SD Code / Title 38 / Chapter 24A / Section 38-24A-21
Inspection of plants intended for export--Certificate--Fees
Status: in_force

Any owner of plants or plant products intending to ship those plants or plant products into another state or country may apply to the Department of Agriculture and Natural Resources for an inspection or for obtaining an official sample. The inspection shall determine the presence of pests or the suitability of processing equipment and grades which would prevent the acceptance of the plants or plant products into other states or countries. Upon receipt of the application, the department may comply with the request and may issue a certificate of facts disclosed. The fee for inspection, obtaining samples, or issuing certificates are as follows:

(1) On-site inspection, two hundred dollars;

(2) Field inspection, two hundred fifty dollars for the first acre and two dollars for each additional acre;

(3) State certificate, fifty dollars;

(4) Federal certificate, one hundred twenty-five dollars;

(5) In-transit compliance agreements, fifty dollars;

(6) In-transit certificates, twenty-five dollars; and

(7) Reissue or replace state or federal phytosanitary certificate, twenty-five dollars.

Source: SL 2001, ch 218, § 3; SL 2010, ch 200, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-8-1 — SD Code / Title 38 / Chapter 8 / Section 38-8-1
Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions
Status: in_force

Any ten percent of the voters registered for the last general election within the limits of a territory proposed to be organized into a conservation district may file a petition with the State Conservation Commission asking that a conservation district be organized to function in the territory described in the petition. The petition shall set forth:

(1) The proposed name of the district;

(2) That there is need in the interest of public health, safety, and welfare, for a conservation district to function in the territory described in the petition;

(3) A description of the territory proposed to be organized as a district;

(4) A request that the commission duly define the boundaries for the district; that a referendum be held within the territory so defined on the question of the creation of a conservation district in the territory; and that the commission determine that such a district be created.

If more than one petition is filed covering parts of the same territory, the commission may consolidate all or any such petitions. The petition shall be filed before April first of the year in which a general election is to be held.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SL 1959, ch 3, § 3; SDC Supp 1960, § 4.1507 (1); SL 1994, ch 316, § 1.
S.D. Codified Laws § 38-20A-31 — SD Code / Title 38 / Chapter 20A / Section 38-20A-31
Exemption for carriers--Access to records
Status: in_force

The provisions of §§ 38-20A-26 to 38-20A-29 , inclusive, do not apply to a carrier while lawfully engaged in transporting a pesticide within this state if the carrier, upon request, permits the secretary to copy all records showing transactions in and movement of the pesticides.

Source: SL 1947, ch 99, § 8; SDC Supp 1960, § 22.12A08 (1) (a); SDCL, § 39-19-31; SL 1983, ch 281, § 27; SL 2020, ch 173, § 17.
S.D. Codified Laws § 38-32-13 — SD Code / Title 38 / Chapter 32 / Section 38-32-13
Powers of council
Status: in_force

The council may, but is not limited to:

(1) Contract and cooperate with any person, organization, or with any governmental department or agency for market maintenance and expansion, research, education, transportation, and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of corn and corn products to market;

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

(3) Appoint, discharge, fix compensation for, and prescribe the duties of such personnel as it may deem 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.

Source: SL 1988, ch 318, § 13.
S.D. Codified Laws § 38-24B-11 — SD Code / Title 38 / Chapter 24B / Section 38-24B-11
Certain applicants prohibited from receiving license or certificate of inspection
Status: in_force

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

Source: SL 1985, ch 313, § 11; SL 2016, ch 202, § 6.
S.D. Codified Laws § 38-22-24 — SD Code / Title 38 / Chapter 22 / Section 38-22-24
Expenditure of county funds
Status: in_force

The board of county commissioners may, based upon the budget submitted by the county weed and pest board, appropriate and expend money from the general fund of the county for the purpose of this chapter.

Source: SL 1890, ch 116, § 3; RPolC 1903, § 3178; SL 1913, ch 282, § 3; SL 1917, ch 319, § 3; RC 1919, § 10407; SDC 1939, § 62.0303; 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 1972, ch 213; SL 1983, ch 282, § 41.
S.D. Codified Laws § 38-18-16.2 — SD Code / Title 38 / Chapter 18 / Section 38-18-16.2
Failure to comply with order--Strict liability for costs of destruction
Status: in_force

Any person who fails to comply with a written notice pursuant to § 38-18-16 is strictly liable to the department for all costs accrued to the secretary for the destruction of the exotic bees, regulated pest, or apiary.

Source: SL 1986, ch 330, § 21.
S.D. Codified Laws § 38-8-55 — SD Code / Title 38 / Chapter 8 / Section 38-8-55
County contributions to districts--Financial statement filed with county commissioners
Status: in_force

The board of county commissioners may contribute funds to conservation districts. The funds shall be used to hire employees, purchase supplies, and carry out district programs, for the conservation of natural resources that will protect the tax base of the county and provide for the general welfare of the people of the county. The money shall be paid from the general fund of the county. Any conservation district, before receiving such funds, shall file with the county commissioners a financial statement for the last three years itemizing the amount of funds received and expenditures.

Source: SDC 1939, § 12.0617 (15) as added by SL 1963, ch 37; SL 1994, ch 316, § 25; SL 2015, ch 203, § 9.
S.D. Codified Laws § 38-33-1 — SD Code / Title 38 / Chapter 33 / Section 38-33-1
Definitions
Status: in_force

Terms used in §§ 38-33-1 to 38-33-1 2, inclusive, mean:

(1) "Assessment," a per head fee collected on the sale of all varieties of swine in South Dakota;

(2) "Commission," the South Dakota Pork Commission;

(3) "Participating seller," any person who owns or operates an agricultural producing or growing facility for swine and shares in the profits and risks of loss from such operation, and who produces swine in South Dakota during the current or preceding marketing year, and has not requested a refund from the payment of assessments on swine production under §§ 38-33-1 to 38-33-1 2, inclusive, for the past twelve months;

(4) "Purchaser," any person who buys, accepts for shipment, accepts for consignment, brokers, order buys, or otherwise acquires swine from a producer;

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

Source: SL 2001, ch 219, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 38-22-34 — SD Code / Title 38 / Chapter 22 / Section 38-22-34
Levy for weed and pest control programs in community--Administration by board
Status: in_force

With the approval of two - thirds of the landowners, a community may petition the county to assess a special levy to be used for weed and pest control programs in that community. For the purposes of this section, a community is any township, a natural or artificial geographic area, or a subdivision of a board member area as designated by the county weed and pest board and represented by a community representative. Any such program for the control of weeds and pests which is funded by a special levy shall be administered through the county weed and pest board.

Source: SL 1986, ch 333, § 1.
S.D. Codified Laws § 38-21-51 — SD Code / Title 38 / Chapter 21 / Section 38-21-51
Administration and enforcement of chapter--Promulgation of rules
Status: in_force

The secretary may promulgate rules pursuant to chapter 1-26 providing for:

(1) The inspection of storage and disposal areas;

(2) The inspection of application equipment and equipment storage areas;

(3) The establishment of restricted pesticide uses or methods of distribution;

(4) Standards for the use, transportation, storage, handling, and disposal of pesticides or pesticide containers, rinsate, and application equipment;

(5) The reporting of pesticide accidents and incidents;

(6) Standards for the certification of applicators of pesticides;

(7) Standards for the examination and testing of applicators of pesticides;

(8) The establishment of fees for a private applicator's license not to exceed twenty-five dollars per license;

(9) Pesticide applicator reporting and record keeping requirements;

(10) The establishment of state restricted-use pesticides for designated areas within the state;

(11) Pesticide dealers reporting and record keeping requirements;

(12) The establishment of certification categories and sub - categories;

(13) The classification or sub - classification of licenses; and

(14) The use of pesticides through irrigation systems.

Source: SL 1949, ch 87, § 6; SL 1951, ch 112, § 3; SL 1953, ch 93, § 2; SDC Supp 1960, § 22.12B06; SDCL, § 38-21-11; SL 1974, ch 255, § 2; SL 1986, ch 326, § 48; SL 2020, ch 175, § 11.
S.D. Codified Laws § 38-11-7 — SD Code / Title 38 / Chapter 11 / Section 38-11-7
Standards for certification--Rules and regulations
Status: in_force

The State Seed Certification Board may promulgate rules pursuant to chapter 1-26 to regulate the production, processing, and distribution of certified seed and to establish standards for certified seed. The term, seed, as used in this section includes all propagating materials.

Source: SL 1947, ch 18, § 3; SDC Supp 1960, § 4.10B03 (1), (2); SL 1986, ch 326, § 15; SL 1990, ch 319.
S.D. Codified Laws § 38-19-49 — SD Code / Title 38 / Chapter 19 / Section 38-19-49
Deposit of inspection fees into nutrient research and education fund --Purposes of disbursements
Status: in_force

From each fee collected pursuant to § 38-19-10 , fifty cents shall be deposited into the nutrient research and education fund created in § 38-19-48 . The nutrient research and education fund shall be disbursed as follows:

(1) The Agriculture Experiment Station may use an amount not to exceed five percent of the revenue deposited in the fund for administrative expenses necessary to carry out the functions of §§ 38-19-48 to 38-19-51 , inclusive;

(2) The balance of the fund shall be used for fertilizer-related, nutrient-related, and water quality-related research and education purposes in conjunction with the Nutrient Research and Education Council; and

(3) Beginning in fiscal year 2020, a minimum of ten percent of the fund shall be used to support water quality projects.

Source: SL 2016, ch 201, § 4.
S.D. Codified Laws § 38-17-13 — SD Code / Title 38 / Chapter 17 / Section 38-17-13
General law of seed liens applicable to federal liens
Status: in_force

All other statutes of South Dakota applicable to crop seed liens, including the duties of register of deeds, priorities, foreclosure, and penal provisions, except if a different intention plainly appears, are applicable to federal agency seed liens as provided in §§ 38-17-10 and 38-17-11 .

Source: SL 1935, ch 143, § 3; SDC 1939, § 39.1206; SL 2018, ch 241, § 12.
S.D. Codified Laws § 38-1-14 — SD Code / Title 38 / Chapter 1 / Section 38-1-14
Traveling expenses of departmental personnel
Status: in_force

The officials and employees of the Department of Agriculture and Natural Resources shall be allowed their necessary and actual traveling expenses, board, and lodging incurred in performance of duty when absent from their office.

Source: SL 1907, ch 76, § 15; RC 1919, § 7937; SL 1925, ch 115, ch III, art II, § 2; 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 § 38-32-18 — SD Code / Title 38 / Chapter 32 / Section 38-32-18
First purchaser to keep record of corn purchases--Examination by council--Report to council and remittance of assessment--Rules
Status: in_force

Any first purchaser shall keep as a part of its permanent records a record of all purchases of corn, which may be examined by the council at any reasonable time. Every first purchaser shall report to the council stating the quantity of corn received by the first purchaser. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the council pursuant to administrative rules promulgated pursuant to chapter 1-26 .

Source: SL 1988, ch 318, § 18.