reglab/housing_qa huggingface dataset:
SD Codified L § 38-19-26 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-26 - Guaranteed analysis of custom mix or fertilizer materials.

38-19-26. Guaranteed analysis of custom mix or fertilizer materials.In lieu of the guaranteed analysis, the person who mixes to the customer's order must furnish to the purchaser and consumer a written or printed statement showing the weight and guaranteed analysis of each of the fertilizer materials used in the intimate mixture or delivered in each of the separate compartments in the load. Source: SDC Supp 1960, §22.1703 (2) (c) as enacted by SL 1966, ch 66, §3.
SD Codified L § 38-19-27 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-27 - Sales and exchanges to manufacturers and mixers exempt from requirements.

38-19-27. Sales and exchanges to manufacturers and mixers exempt from requirements.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.
SD Codified L § 38-19-30.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-30.1 - Proof of claims required of licensed applicant or registrant--Sources of proof.

38-19-30.1. Proof of claims required of licensed applicant or registrant--Sources of proof.The secretary of agriculture and natural resources may require a license applicant or registrant to furnish proof of claims made for any product covered by this chapter and may require proof of value when used as directed or recommended. The secretary shall rely on replicate, or the data derived therefrom, performed by a reputable investigator. The experimental data shall be obtained under conditions similar to those in this state under which the product is intended to be used. The secretary may accept or reject other sources of proof as additional evidence. Source: SL 1982, ch 281, §22; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-31 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-31 - Manner of drawing and sealing official samples--Forwarding to director of laboratories.

38-19-31. Manner of drawing and sealing official samples--Forwarding to director of laboratories.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.
SD Codified L § 38-19-32 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-32 - Examination of samples and reports by director of laboratories.

38-19-32. Examination of samples and reports by director of laboratories.It shall be the duty of the director of laboratories to examine all samples submitted under the provisions of this chapter and to report results promptly to the secretary of agriculture and natural resources. Source: SL 1949, ch 85, §7; SDC Supp 1960, §22.1707 (2); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-33 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-33 - Analytical methods used by director of laboratories.

38-19-33. Analytical methods used by director of laboratories.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.
SD Codified L § 38-19-34 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-34 - Publication of analyses--Dissemination of information.

38-19-34. Publication of analyses--Dissemination of information.The secretary of agriculture and natural resources shall have authority to publish analyses of all products within the purview of this chapter and to gather and disseminate for the benefit of the public useful information concerning fertilizers and fertilizer materials. Source: SL 1919, ch 207, §6; SDC 1939, §22.1701; SL 1949, ch 85, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-35 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-35 - Annual publication of fertilizer data and analysis results--Separation by semiannual periods.

38-19-35. Annual publication of fertilizer data and analysis results--Separation by semiannual periods.The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial fertilizers, together with such data on their production and use as he may consider advisable, and report of the results of the analyses based on official samples of commercial fertilizers sold within the state as compared with the analyses guaranteed under §38-19-15. Provided, however, that the information concerning production and use of commercial fertilizers shall be shown separately for the periods July first to December thirty-first and January first to June thirtieth of each year, and no disclosure shall be made of the operations of any person. Source: SL 1949, ch 85, §11; SDC Supp 1960, §22.1711; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-36 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36 - Rules and regulations for labeling, storage, and distribution.

38-19-36. Rules and regulations for labeling, storage, and distribution.For enforcement of this chapter, the secretary of agriculture and natural resources may promulgate, pursuant to the provisions of chapter 1-26, rules relating to labeling, storage, licensing, sampling, inspection, analysis, and distribution of commercial fertilizers to carry into effect the full intent and meaning of this chapter. Source: SL 1949, ch 85, §12; SDC Supp 1960, §22.1712; SL 1966, ch 66, §5; SL 1986, ch 326, §32; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-36.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.1 - Rules for siting of ammonia, fertilizer, and fertilizer production facilities.

38-19-36.1. Rules for siting of ammonia, fertilizer, and fertilizer production facilities.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.
SD Codified L § 38-19-36.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.2 - Operation of bulk commercial fertilizer storage facility without permit prohibited-- Rules--Revocation of permit--Violation as misdemeanor.

38-19-36.2. Operation of bulk commercial fertilizer storage facility without permit prohibited--Rules--Revocation of permit--Violation as misdemeanor.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.
SD Codified L § 38-19-36.3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.3 - Civil penalty--Injunctive relief.

38-19-36.3. Civil penalty--Injunctive relief.Any person who operates a bulk commercial fertilizer storage facility without a permit or who violates the bulk commercial fertilizer storage facility permit provision of this section and §§38-19-1 and 38-19-36.2 is subject to a civil action in circuit court for the recovery of a civil penalty not to exceed five hundred dollars for each day of violation. In addition, the secretary, through the attorney general's office, may enforce the provisions of this section and §§38-19-1 and 38-19-36.2 by means of injunctive and declaratory relief in circuit court. Source: SL 1988, ch 315, §4.
SD Codified L § 38-19-36.4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.4 - "Anhydrous ammonia" defined.

38-19-36.4."Anhydrous ammonia" defined.For the purposes of §§38-19-36.4 to 38-19-36.7, inclusive, the term, anhydrous ammonia, means a compound formed by the chemical combination of the elements nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen as shown by the chemical formula NH3. On a weight basis, the ratio is fourteen parts nitrogen to three parts hydrogen or approximately eighty-two percent nitrogen to eighteen percent hydrogen. Anhydrous ammonia may exist in either a gaseous or a liquid state. Source: SL 2001, ch 216, §1.
SD Codified L § 38-19-36.5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.5 - Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty.

38-19-36.5. Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty.No person may:(1)Place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia;(2)Transport anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to transport anhydrous ammonia;(3)Use, deliver, receive, sell, or transport a container designed and constructed to contain anhydrous ammonia without the express consent of the owner or authorized custodian of the container; or(4)Tamper with any equipment or facility used to contain, store, or transport anhydrous ammonia.For the purposes of this section, containers designed and constructed for the storage and transport of anhydrous ammonia are described in the Code of Federal Regulations, title 49 as of January 1, 2001. Any person who violates the provisions of this section is guilty of a Class 5 felony or is subject to a civil penalty not to exceed fifty thousand dollars or both. Source: SL 2001, ch 216, §2.
SD Codified L § 38-19-36.6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.6 - Action for damages against certain persons unavailable to person who tampers with equipment.

38-19-36.6. Action for damages against certain persons unavailable to person who tampers with equipment.Except as provided in §38-19-36.7, a person tampering with anhydrous ammonia containers or equipment under §38-19-36.5 has no cause of action for damages arising out of the tampering against:(1)The owner or lawful custodian of the container or equipment;(2)A person responsible for the installation or maintenance of the container or equipment; or(3)A person lawfully selling or offering for sale the anhydrous ammonia. Source: SL 2001, ch 216, §3.
SD Codified L § 38-19-36.7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.7 - Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia.

38-19-36.7. Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia.The provisions of §38-19-36.6 do not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose. Source: SL 2001, ch 216, §4.
SD Codified L § 38-19-36.8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.8 - Assumption of risk by person tampering with anhydrous ammonia--Immunity from liability for owners.

38-19-36.8. Assumption of risk by person tampering with anhydrous ammonia--Immunity from liability for owners.Any person tampering with or assisting in tampering with anhydrous ammonia assumes the risk of personal injury, death, and any other economic or noneconomic loss or damage arising from tampering with or assisting in tampering with anhydrous ammonia. An owner of anhydrous ammonia is not liable to such person for personal injury, death, or any other economic or noneconomic loss or damage arising out of tampering with or assisting in tampering with anhydrous ammonia, except in any case in which such loss or damage was caused by conduct of the owner that was willful, wanton, reckless, or grossly negligent. Source: SL 2004, ch 258, §1.
SD Codified L § 38-19-36.9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.9 - Owner of anhydrous ammonia defined.

38-19-36.9. Owner of anhydrous ammonia defined.For purposes of this §§38-19-36.8 to 38-19-36.10, inclusive, the term, owner of anhydrous ammonia, means any person who, for any lawful purpose:(1)Owns anhydrous ammonia;(2)Owns a container, equipment, or storage facility containing anhydrous ammonia;(3)Is responsible for the installation or operation of a container, equipment, or storage facility containing anhydrous ammonia;(4)Sells anhydrous ammonia;(5)Purchases anhydrous ammonia; or(6)Operates or uses anhydrous ammonia containers, equipment, or storage facilities. Source: SL 2004, ch 258, §2.
SD Codified L § 38-19-36.10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-36.10 - Tampering defined.

38-19-36.10. Tampering defined.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.
SD Codified L § 38-19-37 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-37 - Secretary charged with enforcement--Access to property and records.

38-19-37. Secretary charged with enforcement--Access to property and records.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.
SD Codified L § 38-19-37.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-37.1 - Secretary to be given copies of labels and labeling.

38-19-37.1. Secretary to be given copies of labels and labeling.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.
SD Codified L § 38-19-38 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-38 - Stop-sale orders against fertilizer in violation.

38-19-38. Stop-sale orders against fertilizer in violation.It shall be the duty of the secretary of agriculture and natural resources to issue and enforce written or printed "stop-sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the secretary finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter or any regulation issued hereunder, until the law has been complied with and said commercial fertilizer is released in writing by the secretary or said violation has been otherwise legally disposed of by written authority. Source: SL 1949, ch 85, §14; SDC Supp 1960, §22.1714; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-39 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-39 - Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant.

38-19-39. Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant.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.
SD Codified L § 38-19-40 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-40 - Injunction to prevent violations.

38-19-40. Injunction to prevent violations.The secretary of agriculture and natural resources is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond. Source: SDC Supp 1960, §22.1715 (1) (e) as added by SL 1966, ch 66, §6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-41 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-41 - Violation of chapter, rule or regulation as misdemeanor.

38-19-41. Violation of chapter, rule or regulation as misdemeanor.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, §22.9926-1; SDC Supp 1960, §22.1715 (1) (b) as added by SL 1966, ch 66, §6; SL 1977, ch 190, §325.
SD Codified L § 38-19-43 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-43 - Discretion in prosecution of minor violations--Warning.

38-19-43. Discretion in prosecution of minor violations--Warning.Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to report for prosecution, or for the institution of seizure proceedings, minor violations of the chapter when he believes that the public interests will be best served by a suitable notice of warning in writing. Source: SL 1949, ch 85, §17; SDC Supp 1960, §22.1717; SDC Supp 1960, §22.1715 (1) (c) as added by SL 1966, ch 66, §6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19-45 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-45 - Severability of provisions.

38-19-45. Severability of provisions.If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Source: SL 1949, ch 85, §18; SDC Supp 1960, §22.1718.
SD Codified L § 38-19-46 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-46 - Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application.

38-19-46. Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application.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.