reglab/housing_qa huggingface dataset:
SD Codified L § 38-35-11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-11 - Promulgation of rules--Fees.

38-35-11. Promulgation of rules--Fees.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, an annual grower license fee not to exceed five hundred dollars, and an 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 labeling requirements for hemp; and(8)Establish rules for corrective action for negligent and culpable violations of this chapter. Source: SL 2020, ch 176, § 11, eff. Mar. 27, 2020.
SD Codified L § 38-35-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-12 - Department of Health--Promulgation of rules.

38-35-12. Department of Health--Promulgation of rules.The Department of Health shall promulgate rules, pursuant to chapter 1-26, to:(1)Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture; and(2)Establish testing procedures to determine the lawful amount of delta-9 tetrahydrocannabinol concentration in hemp and certifying results. Source: SL 2020, ch 176, § 12, eff. Mar. 27, 2020.
SD Codified L § 38-35-13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-13 - Department of Public Safety--Promulgation of rules.

38-35-13. Department of Public Safety--Promulgation of rules. The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26, to:(1)Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture;(2)Establish inspection procedures and requirements, a grower inspection fee per lot not to exceed two hundred fifty dollars, and a processor inspection fee per any processor location not to exceed five hundred dollars;(3)Establish transportation documentation requirements;(4)Establish sampling and testing procedures to determine if the hemp tested and sampled is the lawful amount of delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent; and(5)Establish rules for corrective action for negligent and culpable violations of this chapter. Source: SL 2020, ch 176, § 13, eff. Mar. 27, 2020; SL 2021, ch 182, § 6, eff. Mar. 25, 2021.
SD Codified L § 38-35-14 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-14 - Testing samples--Exceeding concentration--Destruction of lot.

38-35-14. Testing samples--Exceeding concentration--Destruction of lot. All testing shall be conducted by a laboratory approved by the Drug Enforcement Administration. The laboratory shall report the delta-9 tetrahydrocannabinol concentration level and the measurement of uncertainty for each sample tested pursuant to this section. If a test reveals a delta-9 tetrahydrocannabinol concentration of more than three-tenths of one percent but not more than five-tenths of one percent, the licensee may request a retest at the licensee's expense. If, upon the retesting, the delta-9 tetrahydrocannabinol concentration exceeds three-tenths of one percent, the entire lot from which the noncompliant sample was collected shall be destroyed as provided by §38-35-9. However, a sample that tests a result within a measurement of uncertainty that produces a range that includes a delta-9 tetrahydrocannabinol concentration of three-tenths of one percent is compliant for the purposes of this chapter. For the purposes of this section, the measure of uncertainty means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement. Source: SL 2020, ch 176, § 14, eff. Mar. 27, 2020; SL 2021, ch 182, § 7, eff. Mar. 25, 2021.
SD Codified L § 38-35-15 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-15 - State hemp production plan--Submission to United States Department of Agriculture--Establishment of program.

38-35-15. State hemp production plan--Submission to United States Department of Agriculture--Establishment of program.The department shall work with the attorney general to develop a state hemp production plan and submit the plan to the United States Department of Agriculture for approval of a program to license the growth, production, storage, processing, and transportation of industrial hemp in South Dakota. The department shall establish a program once approval is received by the United States Department of Agriculture. Source: SL 2020, ch 176, § 15, eff. Mar. 27, 2020.
SD Codified L § 38-35-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-16 - Transportation--Consent to search and seizure--Inspection by law enforcement--Penalty.

38-35-16. Transportation--Consent to search and seizure--Inspection by law enforcement--Penalty.Any transporter is deemed to have given consent to the reasonable search and seizure by law enforcement of any hemp without a warrant to determine the lawful amount of delta-9 tetrahydrocannabinol concentration. Any law enforcement officer may require any transporter to stop for the purposes of inspection. During a stop, a law enforcement officer may collect a sample of any hemp for the purpose of testing for any concentration of delta-9 tetrahydrocannabinol that exceeds three-tenths of one percent on a dry weight basis. Each sample collected by law enforcement may not exceed eight ounces.It is a Class 2 misdemeanor to transport industrial hemp, but not industrial hemp product, without appropriate documentation demonstrating compliance with an industrial hemp program of a federal, state, or tribal authority, in addition to any permit or documentation required by §38-35-17. Source: SL 2020, ch 176, § 16, eff. Mar. 27, 2020.
SD Codified L § 38-35-17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-17 - Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor.

38-35-17. Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor. If the transporter is not a grower licensee, that transporter shall have in the transporter's possession the following documentation:(1)A copy of the license under which the industrial hemp was grown or produced;(2)A laboratory report produced by a Drug Enforcement Administration-registered laboratory that confirms the lot of origin of all hemp being transported complies with 7 U.S.C. Chapter 38, Subchapter VII, as provided in 7 C.F.R 990.70(d) and 990.71(d) in effect as of January 1, 2020;(3)A signed affirmation from the licensee and the transporter that no illicit drugs or variations of hemp not explicitly authorized by 7 U.S.C. Chapter 38, Subchapter VII will be transported; and(4)A bill of lading or manifest that includes the shipment contents, the specific name and address of the transporter, the specific name and address of the origin and lot of origin, the destination of the shipment, the total weight of the load, and the type of vehicle being used.Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor. Source: SL 2020, ch 176, § 17, eff. Mar. 27, 2020; SL 2021, ch 182, § 8, eff. Mar. 25, 2021.
SD Codified L § 38-35-17.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-17.1 - Grower licensee transportation documentation requirements--Violation as misdemeanor.

38-35-17.1. Grower licensee transportation documentation requirements--Violation as misdemeanor. A grower licensee traveling from the land as described in the licensee's application to the storage location as described in the licensee's application shall have in the transporter's possession the following:(1)A copy of the grower license under which the industrial hemp was grown or produced; and(2)A manifest that includes the specific name and address of the transporter, the specific lot from which the industrial hemp being transported was harvested, the destination storage location for the hemp, and the type of vehicle being used.Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor. Source: SL 2021, ch 182, § 9, eff. Mar. 25, 2021.
SD Codified L § 38-35-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-18 - Rules of United States Department of Agriculture.

38-35-18. Rules of United States Department of Agriculture.Each applicant, licensee, key participant, and transporter of industrial hemp, other than industrial hemp product, shall abide by any rules set forth by the United States Department of Agriculture. Source: SL 2020, ch 176, § 18, eff. Mar. 27, 2020.
SD Codified L § 38-35-19 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-19 - Reporting to attorney general.

38-35-19. Reporting to attorney general.The attorney general shall annually collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey and may be useful in the study of the effect legalizing industrial hemp has had on controlled substance and marijuana prosecutions in this state, including the extent and character of alleged crimes not prosecuted or dismissed, the operations of police in drug investigations, the charging discretion of prosecuting attorneys, and the administration of criminal justice due to the legalization of industrial hemp. All information collected under this section shall be reported annually to the Governor and Legislature by December first each year. Source: SL 2020, ch 176, § 19, eff. Mar. 27, 2020.
SD Codified L § 38-35-20 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-20 - Coordination with other government entities.

38-35-20. Coordination with other government entities.The department, Department of Health, and Department of Public Safety may provide to another state, local, tribal, or federal government entity, any specific licensee or permittee information as may be necessary to verify the legality or compliance of any licensee or permitee under this chapter. Application for, and receipt of, a license or permit under this chapter serves as the applicant's consent to provide information without prior notice or disclosure to the applicant that the information will be or has been shared. Source: SL 2020, ch 176, § 20, eff. Mar. 27, 2020.
SD Codified L § 38-35-21 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.

38-35-21. Industrial hemp for smoking prohibited--Violation as misdemeanor.The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 176, § 21, eff. Mar. 27, 2020.
SD Codified L § 39-1-1 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-1 - Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers.

39-1-1. Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers.The Department of Agriculture and Natural Resources through its secretary, and such other agents and employees as it may assign thereto shall be in general charge of the administration and enforcement of chapters 39-1, 39-6 to 39-8, inclusive, 39-11, 39-14, 39-15 and 39-18, except in cases where a different intention plainly appears. It shall have and may exercise all of its general powers and duties of visitation, inspection, examination, access to property and places therefor, prosecution, rule and regulation making, requiring cooperation and aid of other agencies of government, for the purpose of administering and enforcing the provisions of this title, as the same are prescribed in Title 38 or as specifically prescribed in this title and as otherwise prescribed by law. Source: SL 1925, ch 115, ch III, art V, §1; SL 1935, ch 97, §8; SL 1937, ch 102, §2; SDC 1939, §22.0101; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 39-1-1.1 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-1.1 - Division of Legal and Regulatory Services functions.

39-1-1.1. Division of Legal and Regulatory Services functions.The Division of Legal and Regulatory Services of the Department of Public Safety shall perform the functions previously performed by the Department of Agriculture pursuant to chapters 39-4 and 39-13, except the authority to regulate bottled water quality which the Department of Agriculture and Natural Resources shall perform. Source: SL 1973, ch 2, §54; SL 1979, ch 5, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2004, ch 17, §278; SL 2015, ch 277 (Ex. Ord. 15-1), §39, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 39-1-2 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-2 - Disposition of fees received.

39-1-2. Disposition of fees received.All fees received by the secretary of agriculture and natural resources or the Division of Commercial Inspection and Licensing pursuant to the provisions of this title shall be paid into the state treasury, as provided in this code, to the credit of the general fund. Source: SL 1917, ch 242, §20; RC 1919, §7801; SDC 1939, §22.0108; SL 2004, ch 17, §279; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 39-1-3 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-3 - Source of payment for expenses of enforcement.

39-1-3. Source of payment for expenses of enforcement.All salaries and expenses necessary to the enforcement of this title by the Department of Agriculture and Natural Resources or the Division of Commercial Inspection and Licensing shall be paid out of funds appropriated for the maintenance of the Department of Agriculture and Natural Resources. Source: SL 1917, ch 242, §20; RC 1919, §7801; SDC 1939, §22.0108; SL 2004, ch 17, §280; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 39-1-4 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-4 - Promulgation of rules--Enforcement.

39-1-4. Promulgation of rules--Enforcement.The secretary of agriculture and natural resources may, except as provided by §39-1-1.1, adopt such rules as may be necessary for the proper and effective enforcement of this title. All such rules shall become effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of agriculture and natural resources adopted pursuant to this section may be enforced by proper legal procedure in court.The secretary of agriculture and natural resources may adopt such rules as may be necessary for the proper and effective enforcement relating to bottled water quality. All such rules shall become effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of agriculture and natural resources adopted pursuant to this section may be enforced by proper legal procedure in court. Source: SL 1917, ch 242, §3; RC 1919, §7793; SDC 1939, §22.0102; SL 1949, ch 81, §1; SDC Supp 1960, §22.0102 (1); SL 1987, ch 29, §67; SL 2015, ch 277 (Ex. Ord. 15-1), §40, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 51, eff. Apr. 19, 2021.
SD Codified L § 39-1-5 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-5 - Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.

39-1-5. Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.The secretary of agriculture and natural resources or the secretary of public safety, when performing the functions described in §39-1-1.1, may, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, adopt rules establishing for any food, under its common or usual name so far as practicable, a reasonable standard of identity and purity. If a standard for a food has been established by the administrator of the Federal Food, Drug, and Cosmetic Act of 1938, the secretary of agriculture and natural resources or the secretary of public safety shall adopt that standard for this state. The standards shall become effective in conformity with chapter 1-26. An article of food which does not conform to such standards is adulterated or misbranded as the case may be. Source: SDC 1939, §22.0102 as added by SL 1949, ch 81, §1; SDC Supp 1960, §22.0102 (1); SL 1987, ch 29, §68; SL 2004, ch 17, §281; SL 2015, ch 277 (Ex. Ord. 15-1), §41, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 51, eff. Apr. 19, 2021.
SD Codified L § 39-1-6 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-6 - Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.

39-1-6. Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.Bulletins containing standards, definitions, rules, and regulations promulgated pursuant to §§39-1-4 and 39-1-5 together with such information relating to the products regulated by the provisions of this title as shall be calculated to promote the public health and safety may be distributed from time to time by the Department of Agriculture and Natural Resources or the Division of Commercial Inspection and Licensing to the newspapers of the state, to all persons dealing in the products to which they relate, and to any citizen of this state, upon application therefor, the cost of which shall be paid out of funds appropriated for maintenance of the department or the division. Source: SL 1917, ch 242, §3; RC 1919, §7794; SDC 1939, §22.0102; SL 1949, ch 81, §1; SDC Supp 1960, §22.0102 (2); SL 2004, ch 17, §282; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 39-1-7 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-7 - Prohibited contracts void--Action on contract prohibited.

39-1-7. Prohibited contracts void--Action on contract prohibited.All contracts for the sale of any product in violation of the provisions of this title shall be void; no action shall be maintained in any court for the purchase price or value of any product the sale of which is thereby prohibited; nor shall any person be liable for the price or value of any product furnished in violation of any of its provisions. Source: SL 1917, ch 242, §22; RC 1919, §7803; SDC 1939, §22.0106.
SD Codified L § 39-1-8 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-8 - Violation of title as misdemeanor.

39-1-8. Violation of title as misdemeanor.Any person who violates any provision of this title, for which a penalty is not expressly provided, is guilty of a Class 1 misdemeanor. Source: SL 1913, ch 285, §18; RC 1919, §7802; SDC 1939, §22.9901; SL 1977, ch 190, §346.
SD Codified L § 39-1-9 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-9 - Responsibility of employer for act or omission of agent or employee.

39-1-9. Responsibility of employer for act or omission of agent or employee.For the purposes of this title, the act or omission of any officer, agent, or other person acting for or employed by any individual, corporation, limited liability company, association, or partnership within the scope of office, agency, or employment shall be deemed to be the act or omission of such individual, corporation, limited liability company, association, or partnership as well as of such person. Source: SL 1917, ch 242, §9; RC 1919, §7804; SDC 1939, §22.0107; SL 1994, ch 351, §92.
SD Codified L § 39-1-10 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-10 - Access to premises and vehicles--Inspections, samples, and analyses.

39-1-10. Access to premises and vehicles--Inspections, samples, and analyses.The secretary of agriculture and natural resources, the secretary of public safety, and their assistants, for the purpose of obtaining information regarding suspected violations of the law and in order to enforce the provisions of this title, shall have access to all buildings and premises where any product governed by this title is or may be manufactured, stored, held, prepared, served, sold, or delivered, and to all cars, carriages, wagons, trucks, or other vehicles used in the transportation or delivery of any such product. They shall also have authority to inspect any barrel, case, package, bottle, box, can, carton, or other container and to open the same and take samples therefrom for analysis, upon payment of the market price thereof, and have the same analyzed to ascertain whether or not the contents of such container comply with the requirements of this title. Source: SL 1917, ch 242, §17; RC 1919, §7795; SDC 1939, §22.0103; SL 2004, ch 17, §283; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 39-1-11 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 01 - Enforcement Powers And General Provisions|Section 39-1-11 - Assistance to be rendered--Refusal of assistance as violation.

39-1-11. Assistance to be rendered--Refusal of assistance as violation.All proprietors, clerks, bookkeepers, or other persons in any way dealing in any product governed by this title and all express agents and all employees of railroads or other common carriers shall render to the secretary of agriculture and natural resources, the secretary of public safety, and their authorized assistants all aid within their power in discovering any such products which may be suspected of being in violation of this title, and all records appertaining thereto. Any refusal or neglect on the part of such proprietors, clerks, bookkeepers, or other persons in any way dealing in any such product, or any express agent or employee of a railroad or other common carrier, to render such friendly aid shall be a violation of this title and shall be punishable as provided in §39-1-8. Source: SL 1917, ch 242, §17; RC 1919, §7795; SDC 1939, §22.0103; SL 2004, ch 17, §284; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.