reglab/housing_qa huggingface dataset:
SD Codified L § 38-19-47 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-47 - Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard.

38-19-47. Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard.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.
SD Codified L § 38-19-48 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-48 - Nutrient research and education fund created.

38-19-48. Nutrient research and education fund created.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.
SD Codified L § 38-19-49 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-49 - Deposit of inspection fees into nutrient research and education fund--Purposes of disbursements.

38-19-49. Deposit of inspection fees into nutrient research and education fund --Purposes of disbursements.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.
SD Codified L § 38-19-50 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-50 - Nutrient Research and Education Council created--Membership.

38-19-50. Nutrient Research and Education Council created--Membership.The Nutrient Research and Education Council is hereby established. The council shall consist of nine voting members, including three representing the fertilizer industry, two representing grower organizations, one representing the state's largest commodity organization, one representing the specialty fertilizer industry, one representing the certified agronomy association, and one farmer member of the State Conservation Commission. The council shall also include five nonvoting members: two representing environmental organizations, one representing the director of the South Dakota Agricultural Experiment Station, and two representing the secretary of the Department of Agriculture and Natural Resources. The certified agronomy association and any association or organization representing the fertilizer industry, growers, and the environment may submit nominations to the secretary of agriculture and natural resources for their respective members. The secretary shall select from these nominations the members of the council. Members of the council may receive no compensation, but members may be reimbursed for travel and subsistence expense in accordance with rules promulgated by the State Board of Finance. The council shall meet at least twice each year. The council shall be provided with staff assistance from the South Dakota Agricultural Experiment Station. The council retains the respective quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions as defined in §1-32-1 otherwise vested in the council. The council shall exercise those functions independently of the South Dakota Agricultural Experiment Station. Source: SL 2016, ch 201, §5; SL 2018, ch 242, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 67, eff. Apr. 19, 2021.
SD Codified L § 38-19-51 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19 - Commercial Fertilizer|Section 38-19-51 - Duties of Nutrient Research and Education Council.

38-19-51. Duties of Nutrient Research and Education Council.The Nutrient Research and Education Council established in §38-19-50, acting in cooperation and conjunction with the South Dakota Agricultural Experiment Station, shall:(1)Prioritize nutrient research, water quality research, and education proposals and solicit research proposals to generate findings and make recommendations to the council based on the findings;(2)Evaluate the proposed budget for each research project and make recommendations as necessary;(3)Arrange for peer review of all research proposals for scientific merit and methods;(4)Disseminate the findings of all research projects to the appropriate agricultural sector in the manner deemed most effective; and(5)Cooperate with other programs with similar goals, if practicable.The council shall publish an annual financial and activities report, including the amount of funds collected and expenditures for nutrient programs. Source: SL 2016, ch 201, §6.
SD Codified L § 38-19A-2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-2 - Distribution of adulterated soil amendments prohibited--Adulteration defined.

38-19A-2. Distribution of adulterated soil amendments prohibited--Adulteration defined.No person shall distribute an adulterated soil amendment. A soil amendment shall be deemed to be adulterated if it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with directions for use on the label or if it contains unwanted crop or weed seed. Source: SL 1976, ch 244, §14.
SD Codified L § 38-19A-3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-3 - Distribution of misbranded soil amendments prohibited--Misbranding defined.

38-19A-3. Distribution of misbranded soil amendments prohibited--Misbranding defined.No person shall distribute any misbranded soil amendment. A soil amendment shall be deemed misbranded if its labeling is false or misleading in any particular, or if it is not labeled as required pursuant to the provisions of this chapter and regulations promulgated pursuant to this chapter, or if it does not conform to ingredient form, minimums and investigational allowances in the regulations adopted by the secretary of agriculture and natural resources. Source: SL 1976, ch 244, §13; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-4 - Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted.

38-19A-4. Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted.Each separately identified soil conditioner product shall be registered before being distributed in this state. The application for registration shall be submitted to the secretary of agriculture and natural resources on the form furnished or approved by the secretary and shall be accompanied by a fee of twenty-five dollars per product. Upon approval by the secretary, a copy of the registration shall be furnished to the applicant. Each registration shall expire on December thirty-first of the year following the date of issuance. Each registrant shall submit to the secretary a copy of labels and advertising literature with the registration request for each soil amendment. Source: SL 1976, ch 244, §7; SL 2001, ch 215, §18; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-5 - Duplicate registration not required if labels do not differ.

38-19A-5. Duplicate registration not required if labels do not differ.No distributor shall be required to register any brand of soil amendment which shall have already been registered under this chapter by another person; provided, however, that the label does not differ in any respect. Source: SL 1976, ch 244, §8.
SD Codified L § 38-19A-6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-6 - Minimum ingredients required for registration of soil amendments.

38-19A-6. Minimum ingredients required for registration of soil amendments.The secretary of agriculture and natural resources may establish rules pursuant to chapter 1-26 to set the minimum amount of any soil amending ingredient that shall be present before a soil amendment can be registered and sold. Source: SL 1976, ch 244, §9; SL 1986, ch 326, §35; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-7 - Label required--Contents.

38-19A-7. Label required--Contents.A label, in a readable and conspicuous form, shall appear on the face or display side of any soil amendment and shall consist of:(1)Net weight;(2)Brand name;(3)Analysis, including any soil amending ingredient and other ingredients and the percentage of each. In lieu of a guarantee expressed as a percentage, a product that claims the presence of a microbe or microbes shall guarantee the microbe or microbes as follows:(a)Minimum number of each claimed viable organism at the genus and species level in colony forming units (CFU), spores, or propagules per gram or milliliter (cm3);(b)Expiration date; and(c)Storage and handling instructions;(4)Purpose of the product;(5)Directions for application; and(6)Name and address of the registrant.The secretary of agriculture and natural resources may establish rules, pursuant to chapter 1-26, to allow labeling by volume rather than weight pursuant to subdivision (1) of this section. Source: SL 1976, ch 244, §§2, 6; SL 1986, ch 326, §36; SL 2015, ch 203, §18; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-8 - False or misleading statements, labeling, advertising, or oral claims prohibited.

38-19A-8. False or misleading statements, labeling, advertising, or oral claims prohibited.No information or statement shall appear on any package, label, delivery slip, or advertising matter nor shall any oral claim be made which is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the soil amendment. Source: SL 1976, ch 244, §3.
SD Codified L § 38-19A-9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-9 - Proof required of claims or usefulness and value--Evidence of proof.

38-19A-9. Proof required of claims or usefulness and value--Evidence of proof.The secretary of agriculture and natural resources may require proof of claims made for any soil amendment. If no claim is made, he may, nevertheless, require proof of usefulness and value as a soil amendment. For evidence of proof the secretary may rely on experimental data, evaluations, or advice supplied from the agricultural experiment station. The experimental results shall be applicable to such regional conditions as to which the product is intended. The secretary may accept other sources of proof as additional evidence in evaluating soil amendments. Source: SL 1976, ch 244, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-10 - Approval required for listing or guaranteeing of ingredients on labels--Supportive data--Inspection and analysis--Quantities of ingredients required.

38-19A-10. Approval required for listing or guaranteeing of ingredients on labels--Supportive data--Inspection and analysis--Quantities of ingredients required.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.
SD Codified L § 38-19A-11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-11 - Annual tonnage statement--Inspection fees.

38-19A-11. Annual tonnage statement--Inspection fees.Every distributor shall file with the secretary, on forms furnished by the secretary of agriculture and natural resources, an annual statement for the period ending December thirty-first of each year setting forth the number of net tons of each soil amendment distributed in the state during that period. The report shall be due within thirty-one days following each annual reporting period. If the report is not filed and the payment of the inspection fee is not made within the time period specified, a collection fee amounting to ten percent of the amount shall be assessed against the registrant. However, the minimum collection fee is ten dollars. The secretary may examine such records to verify statements of tonnage. The statement shall be accompanied by payment of an inspection fee of twenty cents per ton for all soil amendments distributed in this state. The secretary may allow payment of inspection fees on a calculated equivalent of volume to tons. Source: SL 1976, ch 244, §§6, 10; SL 2001, ch 215, §19; SL 2015, ch 203, §19; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-12 - Failure to file, false filing, or failure to pay inspection fee as grounds for registration revocation.

38-19A-12. Failure to file, false filing, or failure to pay inspection fee as grounds for registration revocation.If the report is not filed or is filed falsely or the inspection fee is not paid within thirty days following each semiannual reporting period, the secretary of agriculture and natural resources may revoke the registration. Source: SL 1976, ch 244, §11; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-13 - Inspection and analysis of soil amendments by secretary--Entry upon premises or carriers.

38-19A-13. Inspection and analysis of soil amendments by secretary--Entry upon premises or carriers.The secretary of agriculture and natural resources shall sample, inspect, make analyses of, and test soil amendments distributed within the state at any time and place and to such an extent as he may deem necessary to determine whether such soil amendments are in compliance with the provisions of this chapter. The secretary may enter upon any public or private premises or carriers during regular business hours in order to have access to soil amendments subject to the provisions of this chapter and the rules and regulations pertaining thereto and to the records relating to their distribution. Source: SL 1976, ch 244, §12; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-14 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-14 - Refusal of registration if soil amendment violates chapter or rules--Cancellation for fraud or deceptive practices--Hearing before revocation.

38-19A-14. Refusal of registration if soil amendment violates chapter or rules--Cancellation for fraud or deceptive practices--Hearing before revocation.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.
SD Codified L § 38-19A-15 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-15 - Rules and regulations.

38-19A-15. Rules and regulations.The secretary of agriculture and natural resources may, pursuant to chapter 1-26, adopt rules concerning:(1)The establishment of minimum amounts of soil amending ingredients that shall be present before a soil amendment can be registered and sold;(2)The allowance of labeling by volume rather than weight; and(3)Labeling, inspection, sampling, analysis, and distribution of soil amendment products. Source: SL 1976, ch 244, §18; SL 1986, ch 326, §38; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-16 - Violation of chapter as misdemeanor.

38-19A-16. Violation of chapter as misdemeanor.Any person violating any provisions of this chapter is guilty of a Class 2 misdemeanor. Source: SL 1976, ch 244, §17; SL 1977, ch 190, §326.
SD Codified L § 38-19A-17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-17 - Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses.

38-19A-17. Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses.The secretary of agriculture and natural resources may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of soil amendment and to hold at a designated place when the secretary finds such soil amendment is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and such soil amendment is released in writing by the secretary, or such violation has been otherwise legally disposed of by written authority. The secretary shall release the soil amendment so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. Source: SL 1976, ch 244, §16; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-19A-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-18 - Deposit of fees.

38-19A-18. Deposit of fees.Fees collected under this chapter shall be deposited in the fertilizer fund established pursuant to §38-19-14. Source: SL 1993, ch 304, §5.
SD Codified L § 38-19A-19 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 19A - Soil Amendments|Section 38-19A-19 - Analyses of lime or lime sludge compost provided by distributor.

38-19A-19. Analyses of lime or lime sludge compost provided by distributor.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.
SD Codified L § 38-20-1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20 - Pest Control Activities|Section 38-20-1 - Acceptance of federal acts--Suppression or control of predator and unprotected birds and animals--Secretary of agriculture and natural resources as state agency--Cooperation with Bureau of Sport Fisheries and Wildlife.

38-20-1. Acceptance of federal acts--Suppression or control of predator and unprotected birds and animals--Secretary of agriculture and natural resources as state agency--Cooperation with Bureau of Sport Fisheries and Wildlife.The State of South Dakota hereby accepts the benefits of the provisions of that part of section 426, title 7, U.S.C., providing for cooperation of the United States through its Fish and Wildlife Service of the United States Department of the Interior, with the various states, individuals, public and private agencies, organizations and institutions, for the suppression and control of unprotected birds and nongame animals which are injurious to agriculture, horticulture and forestry. This state's cooperative program will also include repelling and suppression of unprotected birds and nongame animals that are injurious to stored or growing food products and to the public health. The secretary of agriculture and natural resources of this state is hereby designated as the state agency for this state, for the purpose of administering the provisions of §§38-20-1 and 38-20-2, and the said secretary is authorized to cooperate with the Bureau of Sport Fisheries and Wildlife of the United States Department of the Interior in the furtherance of such unprotected birds and nongame animal damage control activities. Source: SL 1941, ch 6, §1; SDC Supp 1960, §4.0107; SL 1971, ch 223, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.