reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-26 - Purpose of committee--Nonbinding report--Evidence in litigation.

38-12A-26. Purpose of committee--Nonbinding report--Evidence in litigation.
The purpose of the arbitration committee is to assist consumers and seedsmen, seed producers, and seed dealers in determining the validity of complaints made by consumers and recommend total money damages resulting from alleged failure of seed to produce as represented by label on the seed package. Any report of the arbitration committee is nonbinding. The consumer or the seedman, seed producer, or seed dealer may offer the report as evidence in any litigation.
Source:
SL 1988, ch 314, §25.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-27 - Session called by secretary or upon direction of chairman.

38-12A-27. Session called by secretary or upon direction of chairman.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-28 - Investigation by committee--Recommendation--Hearings.

38-12A-28. Investigation by committee--Recommendation--Hearings.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-29 - Investigation by majority of committee directed by chairman--Summary.

38-12A-29. Investigation by majority of committee directed by chairman--Summary.
An investigation may be made by not less than a majority of the membership of the arbitration committee by written directive of the chairman. The investigation shall be summarized in writing and considered by the entire committee in reporting its findings and making its recommendation.
Source:
SL 1988, ch 314, §28.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-30 - Members not compensated--Reimbursement for expenses.

38-12A-30. Members not compensated--Reimbursement for expenses.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 12A - Seed Standards And Labeling › Section 38-12A-31 - Federal permits for introduction of organisms and products produced through genetic engineering authorized for use in state.

38-12A-31. Federal permits for introduction of organisms and products produced through genetic engineering authorized for use in state.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-1 - Contract reserving title to landlord to be filed with register of deeds .

38-17-1. Contract reserving title to landlord to be filed with register of deeds.
Every contract whereby the ownership or title to crops growing or to be grown upon any lands in this state is reserved in the landlord until division thereof between such landlord and the cropper or tenant, shall be filed in the office of the register of deeds of the county wherein such lands are located.
Source:
SL 1931, ch 132; SDC 1939, §39.0125; SL 1967, ch 152.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-1.1 - Crop seeds defined.

38-17-1.1. Crop seeds defined.
For the purposes of this chapter, the term, crop seeds, means the seeds of grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed and combinations of such seeds.
Source:
SL 2018, ch 241, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-3 - Lien on crop for seed furnished--Limitation on amount contained in farm lease.

38-17-3. Lien on crop for seed furnished--Limitation on amount contained in farm lease.
Any person who provides crop seeds to be planted on any lands owned, used, or rented by another person has a lien on the crop produced from the seed if the person providing the seed files the notice described in §38-17-5. A landlord and tenant may limit the amount of seed to be furnished to a tenant by a provision in a lease if the lease is filed in the office of the register of deeds before the seed is furnished to the tenant.
Source:
SL 1887, ch 150, §1; CL 1887, §5490; RCCivP 1903, §731; RC 1919, §1677; SL 1937, ch 15; SDC 1939, §39.1201; SL 1985, ch 310, §1; SL 2018, ch 241, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-4 - Seed lien available to foreign corporations without qualifying.

38-17-4. Seed lien available to foreign corporations without qualifying.
Any corporation created by virtue of the laws of any other state or territory may furnish crop seed under the provisions of §§38-17-3 to 38-17-9, inclusive, without complying with the laws in reference to foreign corporations doing business in this state.
Source:
SL 1887, ch 150, §3; CL 1887, §5492; SL 1890, ch 60; RCCivP 1903, §733; RC 1919, §1679; SDC 1939, §39.1202; SL 2018, ch 241, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-5 - Filing of seed lien affidavit with register of deeds.

38-17-5. Filing of seed lien affidavit with register of deeds.
Any person entitled to a lien pursuant to §38-17-3 shall provide a written account stating the kind, quantity, and value of the seed, the name of the person who furnished the seed, and a description of the land on which the seed has been or is to be planted or sown, and after making oath to the correctness of the account, shall file the same in the office of the register of deeds of the county in which the crop is to be planted.
Source:
SL 1887, ch 150, §3; CL 1887, §5492; RCCivP 1903, §733; RC 1919, §1679; SDC 1939, §39.1202; SL 2018, ch 241, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-6 - Seed lien affidavit on behalf of nonresident.

38-17-6. Seed lien affidavit on behalf of nonresident.
If the person furnishing any crop seed pursuant to §§38-17-3 to 38-17-9, inclusive, is not a resident of this state, the affidavit required by §38-17-5 may be made by the person's attorney or agent who is a resident of this state. The affidavit shall indicate the nonresidence of the person, and also the fact of the residence of the attorney or agent.
Source:
SL 1887, ch 150, §3; CL 1887, §5492; SL 1890, ch 60; RCCivP 1903, §733; RC 1919, §1679; SDC 1939, §39.1202; SL 2018, ch 241, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-7 - Entry of seed lien statements by register of deeds--Notice to purchasers and encumbrancers.

38-17-7. Entry of seed lien statements by register of deeds--Notice to purchasers and encumbrancers.
The office of the register of deeds shall file and enter the statements required by §38-17-5 in the manner required by law in the personal property index. The filing of the statements described in §§38-17-5 and 38-17-6 operates as a notice of the lien to all subsequent purchasers and encumbrancers of the property.
Source:
SL 1887, ch 150, §4; CL 1887, §5493; RCCivP 1903, §734; RC 1919, §1680; SDC 1939, §39.1202; SL 2018, ch 241, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-8 - Priority of seed liens.

38-17-8. Priority of seed liens.
Any lien under the provisions of §§38-17-3 to 38-17-7, inclusive, if filed within thirty days after the crop seed is furnished, has preference in the order of the filing. The lien has priority over all other liens and encumbrances on the crop, except threshers' liens.
Source:
SL 1887, ch 150, §2; CL 1887, §5491; RCCivP 1903, §732; RC 1919, §1678; SDC 1939, §39.1203; SL 2018, ch 241, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-9 - Unauthorized use of seed subject to lien as misdemeanor.

38-17-9. Unauthorized use of seed subject to lien as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-10 - Lien of federal agency furnishing seed or money.

38-17-10. Lien of federal agency furnishing seed or money.
The United States of America or any agency or instrumentality thereof, including production credit associations organized under the Farm Credit Act of 1933, furnishing seed or loaning money for the purchase of seed, to any person within the State of South Dakota for the purpose of sowing or planting crops upon lands owned, used, occupied, rented, or contracted to be purchased by such person, shall have a lien from the time of filing the notice in the manner specified in §38-17-11 upon the seed so furnished or purchased, and upon the crop or crops produced from such seed, to secure payment for the seed so furnished or repayment of the money so loaned.
Source:
SL 1935, ch 143, §1; SDC 1939, §39.1204.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-11 - Filing of federal seed lien with register of deeds--Contents of notice.

38-17-11. Filing of federal seed lien with register of deeds--Contents of notice.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-12 - Misappropriation of federally furnished seed or money as misdemeanor.

38-17-12. Misappropriation of federally furnished seed or money as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-13 - General law of seed liens applicable to federal liens.

38-17-13. General law of seed liens applicable to federal liens.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-14 - Farm machinery owner's lien on processed agricultural products.

38-17-14. Farm machinery owner's lien on processed agricultural products.
Any person owning and operating farm machinery has a lien from the date of operation on all grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed, ground, raked, or pulverized by the person with the machine for the value of the services so rendered in operation.
Source:
SL 1889, ch 88, §1; SL 1901, ch 174, §1; RCCivP 1903, §737; RC 1919, §1683; SL 1921, ch 281, §1; SL 1931, ch 175, §1; SDC 1939, §39.1301; SL 1957, ch 199; SL 2018, ch 241, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-15 - Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers.

38-17-15. Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers.
Any person entitled to a lien under §38-17-14 shall provide a written account stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which may not exceed the price usually charged for the service, the name of the person for whom the work was done, and a description of the land on which the crop was grown. After making oath to the correctness of the account, the person shall file the account in the office of the register of deeds in the county in which the land producing the crop is located, and also in the county of the residence of the person who produced the crop, if the person is a resident of this state. The office of the register of deeds shall file and enter the account in the manner required by law in the personal property index. The filing serves as notice to all purchasers and encumbrancers subsequent to the date of the filing.
Source:
SL 1889, ch 88, §§3, 4; RCCivP 1903, §§739, 740; RC 1919, §§1685, 1686; SL 1921, ch 281, §3; SL 1931, ch 175, §3; SL 1933, ch 130; SDC 1939, §39.1302; SL 2018, ch 241, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-16 - Priority of threshers' and processors' liens.

38-17-16. Priority of threshers' and processors' liens.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-17 - Innocent purchaser of crop protected against unfiled lien.

38-17-17. Innocent purchaser of crop protected against unfiled lien.
The provisions of §38-17-14 shall not apply to an innocent purchaser of the grain, corn seeds, or agricultural products baled, mowed, ground, raked, or pulverized after the threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or pulverizing, unless the said lien be filed within ten days after completion of the service.
Source:
SL 1889, ch 88, §1; SL 1901, ch 174, §1; RCCivP 1903, §737; RC 1919, §1683; SL 1921, ch 281, §1; SL 1931, ch 175, §1; SDC 1939, §39.1301; SL 1957, ch 199.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-18 - Unauthorized disposition of property subject to thresher's or processor's lien as misdemeanor.

38-17-18. Unauthorized disposition of property subject to thresher's or processor's lien as misdemeanor.
Any person selling, secreting, or disposing of property covered by a threshing, harvesting, hulling, or other processing lien under the provisions of §§38-17-14 to 38-17-17, inclusive, without the written consent of the owner of said lien, is guilty of a Class 2 misdemeanor.
Source:
SL 1889, ch 88, §6; RCCivP 1903, §742; RC 1919, §1688; SDC 1939, §39.9904; SL 1977, ch 190, §318.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 17 - Crop Liens › Section 38-17-19 - Foreclosure of crop liens.

38-17-19. Foreclosure of crop liens.
Any person having a lien under the provisions of §§38-17-3 to 38-17-18, inclusive, may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54, subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53.
Source:
SL 1887, ch 150, §5; CL 1887, §5494; SL 1889, ch 88, §5; RCCivP 1903, §§735, 741; RC 1919, §§1681, 1687; SDC 1939, §§39.1207, 39.1305.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-1 - Definition of terms.

38-18-1. Definition of terms.
Terms used in this chapter mean:
(1)"Apiary," any place where one or more colonies of bees are kept;
(2)"Appliances," any apparatus, tools, machines, or other devices, used in the handling and manipulating of bees, honey, wax, and hives. The term includes containers of honey and wax which may be used in an apiary or in transporting bees and their products and apiary supplies;
(3)"Bees," any stage of the common honeybee, Apis mellifera L;
(4)"Bee equipment," hives, supers, frames, or any parts thereof;
(5)"Colony," the bees in any hive including queens, workers, and drones;
(6)"Hive," any frame hive, box hive, box, barrel, log gum, skep, or any other container, which may be used as a domicile for bees;
(7)"Honey house," any building, or rooms within a building, where honey is handled, extracted, bottled, stored, or processed;
(8)"Location," any quarter-section or smaller portion of land where apiaries may be kept;
(9)"Nucleus," any division or portion of a hive that contains comb;
(10)"Package," an indefinite number of bees, in a bee-tight container, with or without a queen, without comb;
(11)"Permanent permit," a bee location permit issued by the secretary effective for an indefinite period of time;
(12)"Pest," any animal, plant, insect, or infectious, transmissible, or contagious disease or other organism which is or may be dangerous to the apiary industry of the state;
(13)"Pollination," the use of bees for the transfer of pollen in the production of agricultural crops;
(14)"Regulated pest," American foulbrood (Bacilius larvae), honeybee tracheal mite (Acarapis woodi), varroa mite (Varros jacobsoni), Africanized honeybee (apis mellifera scutellata), or any other pest which the secretary considers dangerous to the apiary industry and which warrants control or eradication;
(15)"Temporary permit," a bee location permit issued by the secretary effective for a limited period of time;
(16)"Secretary," the secretary of the Department of Agriculture and Natural Resources of the State of South Dakota.
Source: SL 1947, ch 6, §1; SL 1959, ch 2, §1; SDC Supp 1960, §4.1101; SL 1961, ch 3; SL 1976, ch 243, §1; SL 1986, ch 330, §1; SL 1992, ch 280, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-3 - Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty.

38-18-3. Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty.
Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiary or before moving bees into the state and shall contain each location by legal description, the name of the landowner or lessee of the location, the number of colonies of bees in each apiary, and any other information required by the secretary. The landowner or lessee authorizing the placement of an apiary on a location may revoke the authorization by notifying the owner of the apiary and the secretary in writing. Such revocation of authorization by a landowner or lessee is not sufficient justification for a contested case hearing. If any person fails to register an apiary within the time specified by this section, the landowner authorization for that location is invalid.
A registration application shall be approved or rejected by the secretary in compliance with this chapter or rules promulgated pursuant to chapter 1-26. The secretary may deny applications, revoke permits, or conduct contested case hearings in accordance with rules promulgated pursuant to chapter 1-26. Any person failing to register an apiary or bees pursuant to this section is guilty of a Class 2 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a civil penalty not to exceed five hundred dollars for each location that the person has failed to register.
Source:
SL 1945, ch 10, §2; SL 1947, ch 6, §4; SL 1953, ch 6; SL 1959, ch 2, §4; SDC Supp 1960, §4.1104; SL 1961, ch 4; SL 1963, ch 4; SL 1965, ch 5; SL 1976, ch 243, §3; SL 1983, ch 280, §2; SL 1986, ch 326, §22; SL 1986, ch 330, §2; SL 1989, ch 344, §1; SL 1992, ch 280, §2; SL 2001, ch 215, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-3.1 - Minimum distance between apiaries--Beekeepers excepted on own property.

38-18-3.1. Minimum distance between apiaries--Beekeepers excepted on own property.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-3.3 - Identification of apiary--Violation as misdemeanor.

38-18-3.3. Identification of apiary--Violation as misdemeanor.
Any person owning an apiary shall place a prominent sign within the apiary, with the name, address, and telephone number of the person in charge of maintaining the apiary. Any person who fails to identify an apiary as provided in this section is guilty of a Class 2 misdemeanor.
Source:
SL 1986, ch 330, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-3.4 - Abandoned apiary--Destruction, treatment or seizure of bees and equipment.

38-18-3.4. Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-4 - Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty.

38-18-4. Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty.
Thirty days before transporting bees or used bee equipment not included in a compliance agreement into the state, a person shall file with the secretary an application for an entrance permit. A certificate of health, pursuant to §38-18-23, shall be filed with the secretary prior to approval of the entrance permit. The secretary shall act upon an application within thirty days and may revoke entrance permits and conduct contested case hearings in accordance with this chapter or rules promulgated pursuant to chapter 1-26. The failure to apply for an entrance permit is a Class 2 misdemeanor. Any person failing to apply for an entrance permit is also subject to a civil penalty not to exceed five hundred dollars for each day he remains in violation of this section.
Source:
SL 1945, ch 10, §2; SL 1947, ch 6, §4; SL 1953, ch 6; SL 1959, ch 2, §4; SDC Supp 1960, §4.1104; SL 1961, ch 4; SL 1963, ch 4; SL 1965, ch 5; SL 1976, ch 243, §4; SL 1983, ch 27, §4; SL 1986, ch 330, §7; SL 1989, ch 344, §3; SL 1992, ch 280, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-5 - Registration of apiary--Fees.

38-18-5. Registration of apiary--Fees.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-5.1 - Apiary fund established--Purpose--Appropriations.

38-18-5.1. Apiary fund established--Purpose--Appropriations.
Except as provided by §38-18-36, fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the apiary fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the apiary program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.
Source:
SL 2001, ch 215, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-8 - Movable frames required in hives--Violation as misdemeanor.

38-18-8. Movable frames required in hives--Violation as misdemeanor.
Any person engaged in beekeeping shall provide movable frames in all hives in their apiary, and cause the bees to construct brood combs in the frames so that any of the frames may be removed from the hive without causing injury to other combs in the hive. Any violation of this section is a Class 2 misdemeanor.
Source:
SL 1927, ch 62, §1; SL 1931, ch 93; SDC 1939, §4.1102; SL 1947, ch 6, §8; SDC Supp 1960, §4.1108; SL 1986, ch 330, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-9 - Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.

38-18-9. Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.
Any hive which is infested with pests and in which the bees have died, shall be made tight so that robber bees cannot enter or leave the hive. The sealing of the hive shall be maintained as long as the hive remains infested with pests or remains in the apiary or in any place where robber bees can gain access to it. 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 in excess of five hundred dollars for each day he remains in violation of this section.
Source:
SL 1947, ch 6, §8; SDC Supp 1960, §4.1108; SL 1976, ch 243, §6; SL 1986, ch 330, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-10 - Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty.

38-18-10. Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-11 - Exposure of infected bees or equipment as misdemeanor--Additional penalty.

38-18-11. Exposure of infected bees or equipment as misdemeanor--Additional penalty.
No person may expose any bees, bee equipment, or appliances infected with pests in a manner or in a place where the pest could be transmitted or disseminated to other bees or bee equipment. 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 1986, ch 330, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-12 - Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state.

38-18-12. Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state.
The secretary shall establish an apiary and a honey house inspection program. The secretary shall employ personnel to investigate outbreaks of pests and take suitable measures for their eradication or control. The secretary may enter into compliance agreements or memorandums of understanding with beekeepers or with other states or agencies to aid the control of regulated pests and to facilitate the movement of bees and used bee equipment out of and back into this state.
Source:
SL 1925, ch 115, ch III, art V, §17; SDC 1939, §4.1101; SL 1939, ch 4; SL 1943, ch 4; SL 1945, ch 9; SL 1945, ch 10, §1; SL 1947, ch 6, §2; SL 1959, ch 2, §2; SDC Supp 1960, §4.1102; SL 1976, ch 243, §8; SL 1986, ch 326, §24; SL 1986, ch 330, §14; SL 1992, ch 280, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-13 - False information or hindering of enforcement as misdemeanor.

38-18-13. False information or hindering of enforcement as misdemeanor.
It is a Class 1 misdemeanor for any person to knowingly give false or incomplete information in any application or permit required by this chapter or to resist, impede, or hinder the secretary in the discharge of his duties pursuant to this chapter.
Source:
SL 1947, ch 6, §6; SL 1959, ch 2, §5; SDC Supp 1960, §4.1106; SL 1977, ch 190, §320; SL 1986, ch 330, §15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-14 - Access of departmental personnel to premises and apiaries.

38-18-14. Access of departmental personnel to premises and apiaries.
The secretary may enter any private or public premises on which an apiary or any bee equipment is located to ascertain the existence of pests or regulated pests.
Source:
SL 1947, ch 6, §3; SL 1959, ch 2, §3; SDC Supp 1960, §4.1103; SL 1976, ch 243, §9; SL 1986, ch 330, §16; SL 1992, ch 280, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-15 - Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.

38-18-15. Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.
If an apiary is inspected, a certificate of inspection shall be issued. The certificate of inspection shall indicate the findings of the inspector. If the apiary is found to be apparently free of regulated pests and to be in compliance with the provisions of this chapter, a certificate of health may be issued. A certificate of health may be revoked by the secretary for cause pursuant to chapter 1-26.
Source:
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, §10; SL 1984, ch 265, §1; SL 1986, ch 330, §17; SL 1992, ch 280, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › 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.

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.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-16.1 - Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order.

38-18-16.1. Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-16.2 - Failure to comply with order--Strict liability for costs of destruction.

38-18-16.2. Failure to comply with order--Strict liability for costs of destruction.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-19 - Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary.

38-18-19. Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary.
The secretary may place any apiaries, bees, bee equipment, bee products, honey houses, or appliances where regulated pests are found to exist under quarantine. The removal or handling of any quarantined bees, apiaries, bee equipment, honey houses, or appliances without the written permission of the secretary, is a Class 1 misdemeanor. A quarantine shall exist until the secretary determines the bee, apiary, bee equipment, honey house, or appliance is apparently free from the regulated pest. The secretary may quarantine additional premises he considers necessary.
Source:
SL 1927, ch 62, §2; SDC 1939, §4.1103; SL 1947, ch 6, §5; SDC Supp 1960, §4.1105; SL 1976, ch 243, §12; SL 1983, ch 280, §3; SL 1986, ch 330, §23.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-20 - Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.

38-18-20. Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.
If the secretary determines, pursuant to rules promulgated pursuant to the provisions of chapter 1-26, that unsanitary conditions exist in the operation of any honey house, the secretary shall order the operator of the honey house in writing to place the honey house in a sanitary condition within a reasonable period of time. Any operator of a honey house who fails to obey the order, is guilty of a Class 2 misdemeanor.
Source:
SL 1947, ch 6, §15; SDC Supp 1960, §4.1114; SL 1976, ch 243, §13; SL 1977, ch 190, §321; SL 1986, ch 326, §25; SL 1986, ch 330, §24.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-21 - Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor.

38-18-21. Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor.
All bees and used bee equipment brought into this state from other states shall be accompanied by a certificate of health issued by that state or a compliance agreement with this state. The certificate of health shall comply with §38-18-23. The transportation of bees into this state without a certificate of health or a compliance agreement by any person or common carrier is a Class 1 misdemeanor.
Source:
SL 1947, ch 6, §10; SDC Supp 1960, §4.1110; SL 1986, ch 330, §25; SL 1992, ch 280, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-23 - Certificate of health--Content--Based on actual inspection.

38-18-23. Certificate of health--Content--Based on actual inspection.
The certificate of health shall certify to the apparent freedom from regulated pests, and shall be based on actual inspection of bees and material within ninety days of the date of shipment.
Source:
SL 1947, ch 6, §11; SL 1959, ch 2, §7; SDC Supp 1960, §4.1111; SL 1976, ch 243, §15; SL 1986, ch 330, §27.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-25 - Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs.

38-18-25. Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs.
Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees are found by the secretary to be infested by a regulated pest, the secretary may forthwith destroy the bees and bee equipment or may order treatment of the bees. Following seizure, the secretary shall serve notice upon the owner, if known, by certified mail, return receipt requested, and if the owner is unknown, publish in the county where the apiary is located, a notice of seizure. The notice shall describe the apiary, the original location of the apiary, and the date and time of a hearing, to be conducted pursuant to chapter 1-26, at which any person may make claim to the apiary. If the apiary is not claimed, it is considered abandoned and the secretary may utilize or sell the bees and equipment. If the apiary is shown to be owned by a particular person, the secretary shall order the owner to comply with the provisions of this chapter or to remove the bees from the state within ten days. In addition the secretary shall, before releasing the apiary to the owner, assess against the owner of the bees the costs of seizure, treatment or destruction of the bees.
Source:
SL 1947, ch 6, §18; SDC Supp 1960, §4.9908; SL 1983, ch 280, §4; SL 1986, ch 330, §29; SL 1989, ch 344, §5; SL 1992, ch 280, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-26 - Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor.

38-18-26. Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor.
No person may sell, offer for sale, give away, or transfer ownership of any apiary, bees, or used bee equipment within this state without receiving a certificate of inspection from the secretary issued within six months prior to the disposition. The seller or giver shall issue a copy of the certificate to the purchaser or person receiving the colony at the time of delivery. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1947, ch 6, §13; SL 1959, ch 2, §8; SDC Supp 1960, §4.1113; SL 1976, ch 243, §17; SL 1984, ch 265, §2; SL 1986, ch 330, §30.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-27 - Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses.

38-18-27. Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-28 - Promulgation of rules by secretary.

38-18-28. Promulgation of rules by secretary.
The secretary, pursuant to the provisions of chapter 1-26, may promulgate rules consistent with the following:
(1)To provide application forms and guidelines for location and colony registration and entrance permits;
(2)To provide standards to allow apiaries to be located within three miles of each other on a temporary or permanent basis;
(3)To provide for denial or revocation of locations or permits;
(4)To provide standards and procedures for handling diseased bees and bee equipment;
(5)To provide standards and procedures for an apiary inspection program;
(6)To provide standards and procedures for quarantine of bees, equipment and premises and areas and for lifting of quarantines;
(7)To provide standards and inspection procedures for honey houses;
(8)To provide standards and procedures for the seizure of unlawfully imported bees and bee equipment;
(9)To provide forms and standards to issue certificates of health or inspection for bees;
(10)To provide a procedure for contested cases;
(11)To provide standards for identification of apiaries;
(12)To provide standards and procedures for treatment and control of pests;
(13)To establish restrictions on the movement of quarantined bees or equipment and standards for the inspection, treatment, disposal, certification, permitting, and assignment of specified travel routes, locations and procedures for quarantined bees or equipment;
(14)To provide standards for compliance agreements;
(15)To provide standards for incidental expenses.
Source:
SL 1947, ch 6, §19; SDC Supp 1960, §4.1117; SL 1986, ch 326, §26; SL 1986, ch 330, §32; SL 1992, ch 280, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-28.1 - Restriction on movement of bees and related articles from quarantined area--Promulgation of rules.

38-18-28.1. Restriction on movement of bees and related articles from quarantined area--Promulgation of rules.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-31 - Promotion of honey and by-products.

38-18-31. Promotion of honey and by-products.
The department may engage in activities provided for in §38-18-34 for the purpose of promoting the processing, marketing, sale, and consumption of honey and honey by-products produced in this state.
Source:
SL 1991, ch 324, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-32 - Definitions.

38-18-32. Definitions.
Terms used in §§38-18-31 to 38-18-37, inclusive, mean:
(1)"Bee location," any quarter section or smaller portion of land where apiaries may be kept;
(2)"Department," the Department of Agriculture and Natural Resources;
(3)"Honey producer" or "beekeeper," any person, firm or corporation engaged in the act of raising, harboring, keeping, or breeding domesticated honey bees for the pollination of crops or the production of honey, beeswax, or by-products, either for personal or commercial use;
(4)"Honey by-product," any item using honey as a base such as creamed honey or whipped honey;
(5)"Participation producer," a honey producer or beekeeper who has not requested a refund from the payment of assessments on a bee location for any particular year.
Source: SL 1991, ch 324, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.