reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-4 - Election of officers--Quorum--Calling meetings.

38-33-4. Election of officers--Quorum--Calling meetings.
The commission shall annually elect a chair and a vice chair. A majority of voting members constitutes a quorum. All meetings of the commission shall be called by the chair except that special meetings may be called by three members of the commission. The commission shall adopt procedures for the calling of special meetings.
Source:
SL 2001, ch 219, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-5 - Powers of commission.

38-33-5. Powers of commission.
The commission may:
(1)For purposes related to the swine industry, enter into contracts, including loans and grants, and cooperate with any person, any local, state, or national organization, whether public or private, or with any governmental department or agency for the discovery, promotion, development, and expansion of domestic and export markets and industries and for research, protection, education, transportation, and health issues;
(2)Expend the funds collected pursuant to §§38-33-1 to 38-33-12, inclusive, and appropriated for its administration;
(3)Appoint, employ, discharge, fix compensation for, and prescribe the duties of such personnel as it deems necessary;
(4)Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the commission;
(5)Lease, purchase, own, maintain, operate, and dispose of equipment and supplies necessary to carry out the provisions of §§38-33-1 to 38-33-12, inclusive.
Source:
SL 2001, ch 219, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-6 - Promulgation of rules.

38-33-6. Promulgation of rules.
The commission shall promulgate rules pursuant to chapter 1-26 concerning:
(1)The procedures for obtaining a declaratory ruling;
(2)The procedures for collecting assessments for swine sold to a purchaser and the amount of the assessment in accordance with §38-33-7;
(3)The procedures for obtaining a refund of the assessment;
(4)The procedures for collecting delinquent assessments and assessing penalties;
(5)The record-keeping and reporting requirements of purchasers.
Source:
SL 2001, ch 219, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-7 - Assessment--Collection--Deposit.

38-33-7. Assessment--Collection--Deposit.
An assessment not to exceed 0.45 percent of the market value of each swine when sold is imposed by the commission upon all swine sold in the state by a South Dakota resident. However the commission may enter into reciprocal agreements with other states that also have a swine checkoff fee to remit the assessment to the state where the swine were grown.
Any purchaser of swine shall collect the assessment imposed by §§38-33-1 to 38-33-12, inclusive, by deducting the assessment from the purchase prices of all swine subject to the assessment.
Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and are continuously appropriated to the commission.
Source:
SL 2001, ch 219, §§9, 10, 11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-8 - Records--Reports and remittances.

38-33-8. Records--Reports and remittances.
Each purchaser shall keep a permanent record for three years of all purchases of swine, which may be examined by the commission at any reasonable time. Each purchaser shall report to the commission stating the seller and quantity of swine. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the commission pursuant to rules promulgated by the commission pursuant to chapter 1-26.
Source:
SL 2001, ch 219, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-9 - Appeal and enforcement.

38-33-9. Appeal and enforcement.
If a purchaser disputes an assessment made under §§38-33-1 to 38-33-12, inclusive, the purchaser may appeal to the commission, which shall conduct a hearing and resolve the matter pursuant to the contested case provisions of chapter 1-26. If a purchaser fails to remit the assessment provided in §§38-33-1 to 38-33-12, inclusive, the commission may enforce collection in any appropriate court within this state.
Source:
SL 2001, ch 219, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-10 - Application for refund.

38-33-10. Application for refund.
Within ninety days following the assessment, any seller subject to the assessment provided in §§38-33-1 to 38-33-12, inclusive, may apply to the commission for a refund of the assessment. The refund application shall be accompanied by a copy of the record of the assessment on the sale. The commission shall refund the amount of the assessment collected within sixty days of receiving a valid refund application.
Source:
SL 2001, ch 219, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-11 - Dissemination of information.

38-33-11. Dissemination of information.
The commission, to inform the seller, shall develop and disseminate information and instructions relating to the purpose of the swine assessment and manner in which refunds may be claimed, and to this extent shall cooperate with government agencies, state and federal, and private businesses engaged in the purchase of swine.
Source:
SL 2001, ch 219, §15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 33 - Pork Commission › Section 38-33-12 - Dissolution of commission--Resumption of activities.

38-33-12. Dissolution of commission--Resumption of activities.
If any national promotion, research, or consumer information program that uses an assessment mechanism on the sale of swine and is under the supervision of an agency of the federal government is resumed or established, the collection of assessments under §§38-33-1 to 38-33-12, inclusive, is suspended beginning sixty days after the collection of assessments under the national program begins. If the collection of assessments under §§38-33-1 to 38-33-12, inclusive, remains suspended for more than two years, the commission is dissolved and the assets and liabilities of the commission shall be managed as the Legislature shall determine. If, after the commission has been dissolved, the collection of assessments by the national program ceases for a period of sixty days, new members of the commission shall be appointed and subsequent commission members elected as provided in §§38-33-1 to 38-33-12, inclusive, and the activities of the commission shall resume.
Source:
SL 2001, ch 219, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-1 - Definitions.

38-34-1. Definitions.
Terms used in this chapter mean:
(1)"Council," the South Dakota Pulse Crop Council;
(2)"First purchaser," any person, firm, corporation, association, partnership, agent, or broker buying, accepting for sale, or otherwise acquiring pulse crops after harvest from a grower. A grower selling unharvested pulse crops or delivering pulse crops from the farm on which they are produced to storage facilities, packing shed, or processing plant is not a first purchaser;
(3)"Grower," any person who is the legal initial owner of pulse crops harvested from more than ten acres;
(4)"Participating grower," a grower who has not requested a refund from the payment of assessments on pulse crops under this chapter for the current or previous year;
(5)"Pulse crops," lentils, dry peas, chickpeas, and lupines;
(6)"Secretary," the secretary of the Department of Agriculture and Natural Resources.
Source: SL 2005, ch 214, §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 34 - Pulse Crops › Section 38-34-2 - South Dakota Pulse Crops Council--Initial appointment of members.

38-34-2. South Dakota Pulse Crops Council--Initial appointment of members.
The South Dakota Pulse Crops Council is composed of five members who are participating growers of dry peas, lentils, chickpeas, or lupines. The secretary shall make the initial appointments to the council and the secretary or a designee may serve as a nonvoting ex officio member. Initial appointments to the council shall include five participating growers, including a dry pea grower, a chickpea grower, a lentil or lupine grower, and two at-large pulse producers. If no grower representing one of these crops is available or willing to serve, then another at-large grower shall be appointed.
Source:
SL 2005, ch 214, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-3 - Terms of members--Subsequent election of council members--Qualification--Vacancy.

38-34-3. Terms of members--Subsequent election of council members--Qualification--Vacancy.
The term of the members of the council is three years. However, the initial appointments shall be for staggered terms. Succeeding council members shall be nominated by participating growers and appointed by the secretary of agriculture and natural resources. No council member may serve more than four consecutive terms. If a member ceases to be a participating grower, the secretary shall declare the member's office vacant, and the secretary shall appoint a successor for the balance of the term of the office vacated.
Source: SL 2005, ch 214, §3; SL 2013, ch 195, §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 34 - Pulse Crops › Section 38-34-4 - Election of officers--Quorum--Meetings.

38-34-4. Election of officers--Quorum--Meetings.
The council shall annually elect a chair and vice-chair. A majority of voting members constitutes a quorum. All meetings of the council shall be called by the chair. However, special meetings may be called by three members of the council. The council shall adopt procedures for the calling of special meetings.
Source:
SL 2005, ch 214, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-6 - Pulse crops fund--Collection and expenditure of funds.

38-34-6. Pulse crops fund--Collection and expenditure of funds.
Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the pulse crops fund. Expenditures of these funds shall be made in accordance with the provisions of chapter 4-7.
Source:
SL 2005, ch 214, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-7 - Powers and duties of council.

38-34-7. Powers and duties of council.
The council shall promote the development, marketing, processing, and production of pulse crops in South Dakota. In the administration of this chapter, the council may:
(1)Contract and cooperate with any person or with any governmental department or agency for research, education, promotion, and transportation;
(2)Expend the funds collected pursuant to this chapter and appropriated for its administration;
(3)Appoint, discharge, fix compensation for, and prescribe the duties of personnel as necessary, subject to approval of the secretary;
(4)Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the council.
Source:
SL 2005, ch 214, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-8 - Promulgation of rules.

38-34-8. Promulgation of rules.
The council shall promulgate rules pursuant to chapter 1-26 concerning:
(1)The procedures for obtaining a declaratory ruling;
(2)The procedures by which assessments are collected for pulse crops grown or sold to a first purchaser;
(3)The procedures for obtaining a refund of the assessment;
(4)The procedures for collecting delinquent assessments and assessing penalties; and
(5)The record-keeping and reporting requirements of first purchasers.
Source:
SL 2005, ch 214, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-9 - Effect of chapter on Department of Agriculture and Natural Resources or other agencies.

38-34-9. Effect of chapter on Department of Agriculture and Natural Resources or other agencies.
Nothing in this chapter abrogates or limits the rights, powers, duties, and functions of the Department of Agriculture and Natural Resources or any other agency of the state.
Source: SL 2005, ch 214, §9; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-10 - Assessment on pulse crop--Rate--Reciprocal agreements.

38-34-10. Assessment on pulse crop--Rate--Reciprocal agreements.
An assessment at the rate of one percent of the net market price is levied and imposed on any pulse crop grown or sold in South Dakota to a first purchaser. The council may enter into reciprocal agreements with other states that also have a pulse checkoff to remit the assessment to the state where the crop is grown. This assessment is due on any identifiable lot or quantity of a pulse crop.
Source:
SL 2005, ch 214, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-11 - Collection and remission of assessment.

38-34-11. Collection and remission of assessment.
Each first purchaser of pulse crops shall collect the assessment imposed by this chapter by charging and collecting from the seller the assessment at the prescribed rate by deducting the assessment from the purchase price of the crops subject to the assessment and purchased by the first purchaser. The assessments shall be paid to the department within thirty days of the end of each calendar quarter.
Source:
SL 2005, ch 214, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-12 - First purchaser of pulse crops--Information required on application or affidavit.

38-34-12. First purchaser of pulse crops--Information required on application or affidavit.
Each first purchaser of pulse crops shall file an application or affidavit with the council on forms prescribed and furnished by the council which contain the name under which the first purchaser is transacting business within the state, the place of business, and the location of loading places of the first purchaser.
Source:
SL 2005, ch 214, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-13 - Record of purchases of pulse crops--Quantity--Rules on report and assessment.

38-34-13. Record of purchases of pulse crops--Quantity--Rules on report and assessment.
Each first purchaser shall keep a permanent record of all purchases of pulse crops, which may be examined by the council at any reasonable time. The first purchaser shall report to the council the quantity of pulse crops received by the first purchaser. The report and remittance of the assessment shall be made at the times and in the manner prescribed by the council in rules promulgated pursuant to chapter 1-26.
Source:
SL 2005, ch 214, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-14 - Pledge or mortgage of pulse crops as security for loan under federal price support program--Procedures for payment of assessment.

38-34-14. Pledge or mortgage of pulse crops as security for loan under federal price support program--Procedures for payment of assessment.
In the case of a pledge or mortgage of pulse crops as security for a loan under the federal price support program, the assessment established under §38-34-10 shall be deducted from the proceeds of the loan at the time the loan is made, or be deducted thereafter by agencies of the federal government. The producer's note and loan agreement, producer's note and supplemental loan agreement, or delivery instructions issued by the federal agency to the grower fulfill the requirements for invoices, and these documents constitute proof of payment of the assessment on the pulse crops. Forms supplemental or alternate to those approved in this section that are provided by the Commodity Credit Corporation of the United States Department of Agriculture and contain the necessary information may be used for the purposes of this section. Identification numbers created by the Commodity Credit Corporation for use in lieu of the name of the grower from whom the assessment was collected are approved, if authorized officials of the State of South Dakota have access at all reasonable times to records in the United States Department of Agriculture Farm Service Agency county offices showing the names of growers to whom such identification numbers have been assigned.
Source:
SL 2005, ch 214, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-15 - Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage--Exception.

38-34-15. Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage--Exception.
If pulse crops described in §38-34-14 remain in farm storage for the duration of the pledge or mortgage, the assessment paid at the time the loan was made completely satisfies the assessment liability unless upon subsequent actual delivery of the pulse crop from farm storage in satisfaction of the pledge, or mortgage in the amount of one dollar or more, any underpayment is due solely to the necessity of estimating the quantity of the pulse crops placed in farm storage.
Source:
SL 2005, ch 214, §15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-16 - Undercollections or overcollections of one dollar or less--Commodity Credit Corporation not required to collect or refund.

38-34-16. Undercollections or overcollections of one dollar or less--Commodity Credit Corporation not required to collect or refund.
In connection with the collection of the pulse crop assessment on Commodity Credit Corporation pulse loans disbursed and purchase agreement settlement made, undercollections or overcollections of the pulse crop assessment amounting to one dollar or less as a result of errors do not require collection of the underpayment or refund of the overpayment by the Commodity Credit Corporation, and its responsibility in such cases is waived.
Source:
SL 2005, ch 214, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-17 - Enforcement of collection.

38-34-17. Enforcement of collection.
If any first purchaser fails to pay the assessment provided in this chapter, the council may enforce collection in any appropriate court within this state.
Source:
SL 2005, ch 214, §17.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-18 - Refund of assessment--Application--Time for refund.

38-34-18. Refund of assessment--Application--Time for refund.
Any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may apply to the council for a refund of the assessment. Upon return of the refund application accompanied by a record of the assessment by the first purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. Additionally, a grower, who for any reason, pays the assessment more than once on the same pulse crops, upon furnishing proof of this to the council, is entitled to a refund of the overpayment.
Source:
SL 2005, ch 214, §18.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-19 - Information on purpose of assessment and claim of refund--Development and dissemination.

38-34-19. Information on purpose of assessment and claim of refund--Development and dissemination.
The council shall develop and disseminate information and instructions relating to the purpose of the pulse crop assessment and manner in which refunds may be claimed.
Source:
SL 2005, ch 214, §19.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-20 - Referendum on raising or reducing assessment.

38-34-20. Referendum on raising or reducing assessment.
If fifteen percent of the participating growers, as disclosed by the records of the council for the preceding year, petition the council, the council shall conduct a referendum among the participating growers of the state to determine whether they wish the Legislature to raise or reduce the assessment imposed by this chapter. The referendum may be conducted only among participating growers who have paid all assessments pursuant to this chapter for the preceding year, and the ballots shall be prepared by the council and mailed to each participating grower at least thirty days before the last date for filing ballots. In addition, each ballot shall be accompanied by a notice to each participating grower:
(1)Of the date of the filing of the petition by the growers for the referendum and the number of signatures contained on the petition;
(2)Of the date and place where the council will open and tabulate the ballots. The date may be not less than five days after the last date for filing the ballots;
(3)Of the last date upon which ballots may be filed with the council, or postmarked if delivered to the council by mail; and
(4)That any participating grower may attend the meeting of the council at the time the ballots are opened and the votes tabulated.
If a majority of the participating growers voting upon the question are in favor of the proposed change, the council shall certify the result to the secretary with the request that the secretary prepare a bill to submit to the next legislative session to modify this chapter accordingly. The results of the referendum are advisory only, and the Legislature is not obligated to adopt legislation enacting the proposals contained in the referendum.
Source:
SL 2005, ch 214, §20.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 34 - Pulse Crops › Section 38-34-21 - Council may contract with Public Utilities Commission to inspect assessment and checkoff records.

38-34-21. Council may contract with Public Utilities Commission to inspect assessment and checkoff records.
The council may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the amount the council shall reimburse the Public Utilities Commission for the inspections.
Source:
SL 2005, ch 214, §21; SL 2009, ch 196, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-2 - Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor.

38-35-2. Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor.
No person may purchase, receive, or obtain industrial hemp or product in process, other than industrial hemp seed or industrial hemp product, for planting, storing, propagating, producing, or processing unless the person has a license as provided by this chapter or is working under contract with or under the direction of a licensee. The licensee is responsible, either civilly or criminally, for any person working under contract with or under the direction of a licensee for all sections of this chapter.
It is a Class 2 misdemeanor to purchase, receive, or obtain industrial hemp or product in process, other than industrial hemp product, for planting, storing, propagating, producing, or processing without a license. No unlicensed person is subject to criminal penalties for possession or distribution of hemp seed.
Source:
SL 2020, ch 176, §2, eff. Mar. 27, 2020; SL 2022, ch 155, §2, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-3 - Application for grower license--Location and size requirements.

38-35-3. Application for grower license--Location and size requirements.
After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to §38-35-15, any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for planting, storing, propagating, or producing shall apply to the secretary for a grower license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund.
An application for licensure to plant, grow, or produce industrial hemp must be for at least one-half, contiguous outdoor acre with a three hundred plant minimum, or in a greenhouse with a fifty plant minimum, or combination thereof. No industrial hemp grower's license may be issued by the secretary to plant, grow, or produce industrial hemp within the corporate limits of any incorporated municipality without receiving verification from the municipality that it meets all applicable municipal zoning regulations.
Source:
SL 2020, ch 176, §3, eff. Mar. 27, 2020; SL 2021, ch 182, §1, eff. Mar. 25, 2021; SL 2022, ch 155, §3, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-3.1 - Application for a research license.

38-35-3.1. Application for a research license.
Any person seeking to plant, store, propagate, or produce industrial hemp for the purpose of research shall apply to the secretary for a research license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund pursuant to §38-35-6. Research licensees may be exempt from lot size minimums pursuant to §38-35-3. Applicants for a research license must be affiliated with an accredited university. Applicants for a research license must submit a summary to the department that outlines the applicant's objectives and a timeline of activities.
All industrial hemp produced or processed under a research license must be:
(1)Grown, used, or processed for research purposes only; and
(2)Properly disposed of in a manner to render irretrievable and unable to enter the stream of commerce, except for industrial hemp seed.
Source:
SL 2022, ch 155, §4, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-4 - Application for processor license--Fee--Location notice.

38-35-4. Application for processor license--Fee--Location notice.
After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to §38-35-15, any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for processing shall apply to the secretary for a processor license on an application form prescribed by the department and submit a nonrefundable annual application fee. The applicant may submit an application form for a processor license at any time. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund.
The applicant shall provide to the department the street address, legal description, and latitude and longitude coordinates for any location where hemp will be processed under the processor's license and certify that any location where hemp is to be processed is under the control of the applicant. A processor licensee shall provide notice of any change in ownership or location to the department within ten days of a change. Failure to amend change of ownership or location automatically invalidates the license, and a new license must be obtained.
Source:
SL 2020, ch 176, §4, eff. Mar. 27, 2020; SL 2021, ch 182, §2, eff. Mar. 25, 2021; SL 2022, ch 155, §5, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-5 - Criminal background check--Denial of license for conviction--Licensure exemption.

38-35-5. Criminal background check--Denial of license for conviction--Licensure exemption.
Each applicant for any license under this chapter, key participant, and landowner, if the applicant is the lessee, shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application for a license, the department shall submit the completed fingerprint cards to the division. Upon completion of the criminal background check, the division shall forward to the department all information obtained as a result of the criminal background check. This information must be obtained prior to the licensure of the applicant. All costs or fees associated with the criminal background checks are the responsibility of the applicant. Information provided to the department under this section is confidential, is not public record, and is exempt from the provisions of chapter 1-27. However, the department may share this information with law enforcement and the Department of Public Safety. Failure to submit to or cooperate with a criminal background check is grounds for denial or revocation of a license. The secretary may deny licensure if any applicant, key participant, or landowner has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years. Licensure under this chapter is not required for employees of the state of South Dakota if performing official duties. Any person who has previously submitted a fingerprint card to the Division of Criminal Investigation as part of an application under the hemp program is not required to resubmit a fingerprint card but shall authorize the use of the previously submitted fingerprints for an updated state and federal background check. All costs or fees associated with the criminal background checks are the responsibility of the applicant. The secretary may waive the requirement that landowners submit a fingerprint card for a state and federal background check if the applicant is unable to have a fingerprint card completed. Other types of background checks may be required in lieu of fingerprint card.
Source:
SL 2020, ch 176, §5, eff. Mar. 27, 2020; SL 2021, ch 182, §3, eff. Mar. 25, 2021; SL 2022, ch 155, §6, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-6 - Hemp regulatory program fund--Purpose--Expenditures.

38-35-6. Hemp regulatory program fund--Purpose--Expenditures.
There is hereby created within the state treasury the hemp regulatory program fund, into which all application fees, license fees, inspection fees, and other fees or revenue paid to the state from the operation of the hemp regulatory program shall be deposited. All moneys in the fund created in this section shall be used for the purpose of administering the hemp regulatory program. Interest earned on money in the fund shall be deposited into the fund. Expenditures from the fund shall be appropriated through the normal budget process.
Source:
SL 2020, ch 176, § 6, eff. Mar. 27, 2020.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-7 - License issuance--Denial, revocation, or suspension--Contested case.

38-35-7. License issuance--Denial, revocation, or suspension--Contested case.
If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with §38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.
A grower, research, or processor license issued under this chapter is valid for fifteen months from the date of issuance.
The department may deny, revoke, or suspend a license of any person who:
(1)Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;
(2)Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;
(3)Provides false or misleading information in connection with any application required by this chapter;
(4)Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years;
(5)Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check; or
(6)Requests the secretary to revoke or suspend the license.
Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26.
Source:
SL 2020, ch 176, §7, eff. Mar. 27, 2020; SL 2021, ch 182, §4, eff. Mar. 25, 2021; SL 2022, ch 155, §7, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-8 - Planting verification--Documentation to be filed--Contents.

38-35-8. Planting verification--Documentation to be filed--Contents.
Within thirty days of planting, each grower licensee under this chapter shall file with the department planting verification documentation as required by the secretary to identify the type and variety of each hemp seed planted with its corresponding lot.
Source:
SL 2020, ch 176, §8, eff. Mar. 27, 2020; SL 2022, ch 155, §8, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-9 - Entrance by department--Consent--Fee--Inspection, confiscation, and disposal--Costs--Liability for destruction--Records.

38-35-9. Entrance by department--Consent--Fee--Inspection, confiscation, and disposal--Costs--Liability for destruction--Records.
The secretary may contract with the Department of Public Safety to conduct inspections and sampling of lots and any processor location. The department and the Department of Public Safety may enter on any land or other property where hemp is grown, produced, stored, or processed for the purpose of inspections, sample collection, testing, or investigation while enforcing this chapter. Any person who holds a license under this chapter is deemed to have given consent to the reasonable search and seizure of any hemp without a warrant to determine the lawful amount of total delta-9 tetrahydrocannabinol concentration and for enforcement of the provisions of this chapter.
The secretary shall assess a grower inspection fee per lot for grower licensees, a research inspection fee per lot for research licenses, and a processor inspection fee per location for processor licensees.
Any substance found to be in violation of this chapter is subject to confiscation and disposal at the direction of the Department of Public Safety. Any costs arising from the loss of crop, destruction, confiscation, or disposal are the responsibility of the grower, producer, processor, or owner of the substance. The state is not liable for any confiscation, seizure, disposal, or destruction of any substance carried out under this chapter. Any testing, inspection, and investigation results must be provided to the licensee. Notice of any violation must be provided to the licensee in writing. Inspection and investigation records are not open records pursuant to chapter 1-27.
Source:
SL 2020, ch 176, §9, eff. Mar. 27, 2020; SL 2022, ch 155, §9, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-10 - Inspection timing and procedure--Disclose information.

38-35-10. Inspection timing and procedure--Disclose information.
At the discretion of the secretary, a grower licensee may be inspected and samples collected no more than thirty days before the hemp is harvested. The grower licensee shall contact the Department of Public Safety prior to harvest in order to ensure a reasonable amount of time to schedule an inspection. The grower licensee is required to be present during the inspection. No harvested lot of hemp shall be commingled with another harvested lot of hemp and no hemp may leave the dominion of control of the grower licensee until the grower licensee receives a laboratory result from the department that confirms each lot 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 March 22, 2021.
Any location of the processor licensee is subject to random inspection. The processor licensee is required to be present during the inspection.
At the discretion of the secretary, a research licensee may be inspected, and samples may be collected. The research licensee is required to be present during the inspection.
Source:
SL 2020, ch 176, §10, eff. Mar. 27, 2020; SL 2021, ch 182, §5, eff. Mar. 25, 2021; SL 2022, ch 155, §10, eff. Mar. 18, 2022.
2023 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, a non-refundable annual grower license fee not to exceed five hundred dollars, a non-refundable annual research grower license fee not to exceed one hundred dollars, and a non-refundable annual processor license fee not to exceed two thousand dollars;
(6)Establish procedures for the collection of planting and harvest data for each lot;
(7)Establish rules for corrective action for negligent and culpable violations of this chapter;
(8)Establish transportation documentation requirements;
(9)Establish inspection procedures and requirements, a grower inspection fee per lot not to exceed two hundred fifty dollars, a research inspection fee per lot not to exceed two hundred fifty dollars, a remediation fee not to exceed one hundred dollars per hour, and a processor inspection fee per any processor location not to exceed five hundred dollars; and
(10)Establish sampling and testing procedures to determine if the hemp tested and sampled contains the lawful amount of total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent.
Source:
SL 2020, ch 176, §11, eff. Mar. 27, 2020; SL 2022, ch 155, §11, eff. Mar. 18, 2022.
2023 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;
(2)Establish testing procedures to determine if the hemp tested contains the lawful amount of total delta-9 tetrahydrocannabinol concentration and certifying results; and
(3)Establish labeling requirements for industrial hemp products.
Source:
SL 2020, ch 176, §12, eff. Mar. 27, 2020; SL 2022, ch 155, §12, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-14 - Testing samples--Exceeding concentration--Destruction or remediation of lot.

38-35-14. Testing samples--Exceeding concentration--Destruction or remediation of lot.
The department compliance testing must be conducted by a laboratory approved by the Drug Enforcement Administration. The laboratory shall report the total delta-9 tetrahydrocannabinol concentration level and the measurement of uncertainty for each sample tested pursuant to this section. If a test reveals a total delta-9 tetrahydrocannabinol concentration of more than three-tenths of one percent but not more than five-tenths of one percent, the licensee may request a retest at the licensee's expense. If upon the retesting, the total delta-9 tetrahydrocannabinol concentration exceeds three-tenths of one percent, the entire lot from which the noncompliant sample was collected shall either be destroyed or remediated and retested according to the United States Department of Agriculture guidelines. However, a sample that tests a result within a measurement of uncertainty that produces a range that includes a total delta-9 tetrahydrocannabinol concentration of three-tenths of one percent is compliant for the purposes of this chapter.
Source:
SL 2020, ch 176, §14, eff. Mar. 27, 2020; SL 2021, ch 182, §7, eff. Mar. 25, 2021; SL 2022, ch 155, §13, eff. Mar. 18, 2022.
2023 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.
2023 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 total delta-9 tetrahydrocannabinol concentration. For purposes of this section, product in process that is properly documented is compliant. 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 total 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 or product in process, 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; SL 2022, ch 155, §14, eff. Mar. 18, 2022.
2023 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 March 22, 2021;
(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; SL 2022, ch 155, §15, eff. Mar. 18, 2022.
2023 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.
2023 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 and the United States Department of Agriculture-approved state hemp production plan.
Source:
SL 2020, ch 176, §18, eff. Mar. 27, 2020; SL 2022, ch 155, §16, eff. Mar. 18, 2022.