reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-33 - Honey industry fund.

38-18-33. Honey industry fund.
Funds collected pursuant to §§38-18-31 to 38-18-37, inclusive, shall be deposited with the state treasurer in a special fund known as the honey industry fund. Expenditures of these funds shall be made pursuant to the provisions of chapter 4-7.
Source:
SL 1991, ch 324, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-34 - Administration of honey industry fund--Donation--Expenditures.

38-18-34. Administration of honey industry fund--Donation--Expenditures.
In the administration of §§38-18-31 to 38-18-37, inclusive, the department may:
(1)Contract and cooperate with any person or group for the administration of the honey industry fund;
(2)Contract and cooperate with any person or with any governmental department or agency for research, education, and transportation;
(3)Expend the funds collected pursuant to §§38-18-31 to 38-18-37, inclusive, and appropriated for its administration;
(4)Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of §§38-18-31 to 38-18-37, inclusive;
(5)Expend up to ten percent of the honey industry fund for department administrative costs associated with the administration of the honey industry fund.
Source:
SL 1991, ch 324, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-35 - Promulgation of rules for honey industry fund.

38-18-35. Promulgation of rules for honey industry fund.
The department may promulgate rules pursuant to chapter 1-26 concerning:
(1)The procedures for obtaining a declaratory ruling;
(2)The procedures for collecting assessments for bee locations;
(3)The procedures for collecting delinquent assessments;
(4)The record-keeping and reporting requirements of honey producers or beekeepers with bee locations within the state.
Source:
SL 1991, ch 324, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 18 - Apiaries › Section 38-18-36 - Annual honey assessment.

38-18-36. Annual honey assessment.
There is hereby imposed upon each bee location within the state, at the time of registration, a continuing annual assessment of one dollar per location. The Department of Agriculture and Natural Resources shall collect and deposit the funds in the honey industry fund.
Source:
SL 1991, ch 324, §7; SL 1993, ch 303; SL 2001, ch 215, §5; 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 38-18-37 - Dissemination of information and instruction concerning honey assessment.

38-18-37. Dissemination of information and instruction concerning honey assessment.
The department shall develop and disseminate information and instruction relating to the purpose of the honey assessment and to this purpose shall cooperate with state and federal governmental agencies and private businesses engaged in the purchase of honey.
Source:
SL 1991, ch 324, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-2.1 - Commercial fertilizer distribution license required--Fee--Penalty for violation--Notice.

38-19-2.1. Commercial fertilizer distribution license required--Fee--Penalty for violation--Notice.
No person whose name appears on the label of a commercial fertilizer or who manufactures or mixes a commercial fertilizer in this state may distribute that fertilizer until the person has obtained a distribution license from the secretary of agriculture and natural resources. A distribution license is required for each location where commercial fertilizer is manufactured or mixed. The license may be granted only after payment of a fee of twenty-five dollars by the licensee. Each license expires on the thirty-first day of December of the year after the date of issuance. Any distribution license application for renewal received after the thirty-first day of January of any year shall be assessed a late payment fee equal to the original license fee, which shall be added to the original fee and shall be paid by the applicant before the renewal license is issued. Any person who fails to obtain the proper license is subject to a civil penalty not to exceed one thousand dollars per violation. Notice shall be given by registered mail prior to the imposition of any civil penalty.
Source: SL 1982, ch 281, §2; SL 1987, ch 286; SL 2001, ch 215, §8; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-2.2 - Name and address required on application for distribution license and to appear on other materials of licensee.

38-19-2.2. Name and address required on application for distribution license and to appear on other materials of licensee.
An application for a commercial fertilizer distribution license shall include the name and address of the licensee. The licensee's name and address as it appears on the license shall appear on all labels and pertinent invoices used by the licensee and on all bulk storage units operated by the licensee in this state.
Source:
SL 1982, ch 281, §3; SL 2001, ch 215, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-5 - Guaranteed analysis defined.

38-19-5. Guaranteed analysis defined.
The term, guaranteed analysis, means the minimum percentage of plant nutrients claimed in the following order and form:
(1)Total nitrogen (N) ____________ percent
Available phosphoric acid (P
2
O
5
) or available phosphate ____________ percent
Soluble potash (K
2
O) ____________ percent
(2)For unacidulated mineral phosphatic materials and basic slag, both total and available phosphoric acid and the degree of fineness shall be stated. For bone, tankage, and other organic phosphatic materials, total phosphoric acid shall be stated.
(3)Guarantees for plant nutrients other than nitrogen, phosphoric acid, and potash may be permitted or required by regulations of the secretary of agriculture and natural resources. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the secretary and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed they shall be subject to inspection, analysis, and minimum standards in accord with the methods prescribed by this chapter and the regulations promulgated hereunder.
Source: SDC Supp 1960, §22.1702 (20) (a) as added by SL 1966, ch 66, §2; SL 1982, ch 281, §10; SL 2015, ch 203, §14; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-10 - Inspection fee on fertilizer distributed in state--Rules.

38-19-10. Inspection fee on fertilizer distributed in state--Rules.
Each licensed distributor of commercial fertilizer shall pay to the secretary of agriculture and natural resources for all commercial fertilizer distributed in this state an inspection fee in accordance with the provisions of §38-19-12, not to exceed seventy-five cents per ton. The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish the inspection fee.
Source: SL 1949, ch 85, §4; SDC Supp 1960, §22.1704 (1); SL 1982, ch 281, §15; SL 1989, ch 306, §54; SL 1993, ch 304, §1; SL 2001, ch 215, §13; SL 2016, ch 201, §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 19 - Commercial Fertilizer › Section 38-19-10.1 - Additional inspection fee deposited in precision agriculture fund.

38-19-10.1. Additional inspection fee deposited in precision agriculture fund.
In addition to the fee imposed by §38-19-10, each licensed distributor of commercial fertilizer shall pay to the secretary of agriculture and natural resources for all commercial fertilizer distributed in this state an inspection fee of twenty-five cents per ton in accordance with the provisions of §38-19-12. Notwithstanding the provisions of §38-19-14, the fee imposed by this section shall be deposited in the precision agriculture fund created pursuant to §13-49-38.
Source: SL 2018, ch 123, §9; SL 2021, ch 1 (Ex. Ord. 21-3), §51, eff. Apr. 19, 2021.
Commission Note: This section is repealed pursuant to SL 2018, ch 123, §11 on the first day of the fiscal year following a determination by the Board of Regents that the bonds authorized pursuant to SL 2018, ch 123, §4 are satisfied and paid in full.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-12 - Annual tonnage report--Inspection fees.

38-19-12. Annual tonnage report--Inspection fees.
Each licensed distributor of commercial fertilizer shall file with the secretary of agriculture and natural resources on forms furnished by the secretary an annual statement for the period ending December thirty-first setting forth the number of net tons of each grade of commercial fertilizer distributed in this state during the reporting period. The report is due on or before the thirty-first of January following the close of the reporting period and on the basis of the statement each licensed distributor of commercial fertilizer shall pay the inspection fee at the rate pursuant to §38-19-10. If more than one person is involved in the distribution of a commercial fertilizer, the distributor who imports, manufactures, or produces the commercial fertilizer is responsible for the inspection fee on products produced or brought into this state. The distributor shall separately list the inspection fee on the invoice to the licensee. The last licensee shall retain the invoices showing proof of inspection fees paid for three years and shall pay the inspection fee on commercial fertilizer brought into this state unless the distributor has reported and paid the fees. If the tonnage report is not filed and the payment of inspection fee is not made within thirty days after the end of the period, a collection fee amounting to ten percent of the amount shall be assessed against the licensee and the amount of fees due constitutes a debt and becomes the basis of a judgment against the licensee. However, the minimum inspection fee is ten dollars. The secretary may verify the records on which statements of tonnage are based and each licensed distributor of commercial fertilizer shall grant the secretary permission to verify the records on the licensee's application for license and on each tonnage report. The secretary may revoke or refuse to renew the license of any licensee failing to comply with this section. No information furnished under this section may be disclosed by the secretary or anyone having access to tonnage reports if the disclosure will in any way divulge any part of the operations of a licensee.
Source: SL 1949, ch 85, §4; SDC Supp 1960, §22.1704 (1); SL 1982, ch 281, §17; SL 2001, ch 215, §36; SL 2015, ch 203, §15; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-14 - Fertilizer fund--Administration--Expenditures.

38-19-14. Fertilizer fund--Administration--Expenditures.
Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the fertilizer 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 fertilizer program and to provide funding for fertilizer-related, nutrient-related, and water quality-related research and education-related purposes as provided in §38-19-49. 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 1949, ch 85, §4; SDC Supp 1960, §22.1704 (4); SL 1993, ch 304, §2; SL 2016, ch 201, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-15 - Labels required for fertilizer in containers--Contents.

38-19-15. Labels required for fertilizer in containers--Contents.
Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(1)Net weight;
(2)Brand and grade;
(3)Guaranteed analysis;
(4)The source or sources from which the nitrogen phosphorus and potassium are derived; and
(5)Name and address of licensee or registrant.
Source:
SL 1949, ch 85, §5; SDC Supp 1960, §22.1705 (1); SL 1982, ch 281, §19; SL 2015, ch 203, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-16 - Information to accompany bulk shipments--Fertilizer formulated under specifications furnished by consumer.

38-19-16. Information to accompany bulk shipments--Fertilizer formulated under specifications furnished by consumer.
In the case of bulk shipments, a label stating the information required by §38-19-15 shall accompany delivery and be supplied to the purchaser at time of delivery in written or printed form. A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the licensee or registrant.
Source:
SL 1949, ch 85, §5; SDC Supp 1960, §22.1705(2); SL 1982, ch 281, §20; SL 1986, ch 331, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-16.1 - Labeling requirements applied to sewage sludge distributor--Availability of analyses.

38-19-16.1. Labeling requirements applied to sewage sludge distributor--Availability of analyses.
Any distributor of sewage sludge, as defined in §38-19-1, shall comply with provisions of §38-19-15 or 38-19-16, whichever is applicable. Any distributor shall make available, upon request, any analyses or information about the sewage sludge to the Department of Agriculture and Natural Resources and the end user of the product.
Source: SL 1995, ch 324, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-17 - Fertilizer deemed misbranded.

38-19-17. Fertilizer deemed misbranded.
For the purposes of this chapter, a commercial fertilizer is deemed to be misbranded:
(1)If the label or labeling carries any false or misleading statement either as to the materials contained in the fertilizer or concerning its agricultural value;
(2)If it be so labeled or branded as to deceive or mislead the purchaser; or
(3)If it is not labeled to give all the information required by §§38-19-15 and 38-19-16 and such additional information as may be required by rule promulgated pursuant to the provisions of chapter 1-26 and issued by the secretary of agriculture and natural resources as provided in §38-19-36.
Source: SL 1949, ch 85, §6; SDC Supp 1960, §22.1706(2); SL 1986, ch 326, §28; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-18 - Fertilizer deemed adulterated.

38-19-18. Fertilizer deemed adulterated.
For the purposes of this chapter, a commercial fertilizer is deemed to be adulterated:
(1)If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown on the label;
(2)If its composition falls below or differs from that which it is purported to possess by its labeling;
(3)If it contains unwanted crop seed or weed seed; or
(4)If it contains any deleterious or harmful ingredient in sufficient amount that, if the product is used in accordance with label instructions, it renders the commodity that is derived from the treated crop injurious to humans, wildlife, livestock, or the environment or renders the commodity unsaleable.
Source:
SL 1949, ch 85, §6; SDC Supp 1960, §22.1706 (1); SL 1982, ch 281, §21; SL 2001, ch 215, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-19 - Sale or distribution of adulterated or misbranded fertilizer as misdemeanor.

38-19-19. Sale or distribution of adulterated or misbranded fertilizer as misdemeanor.
It is a Class 2 misdemeanor to sell, distribute, offer, or expose for sale or distribution any commercial fertilizer which is adulterated or misbranded.
Source:
SL 1949, ch 85, §6; SDC Supp 1960, §22.1706 (3); SL 1977, ch 190, §324.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-24 - Intimate and uniform mixture required in custom mixing.

38-19-24. Intimate and uniform mixture required in custom mixing.
A licensee shall at all times produce an intimate and uniform mixture of fertilizer materials. When two or more fertilizer materials are delivered in the same load, they shall be intimately and uniformly mixed unless they are in separate compartments. To provide for intimate and uniform mixture of fertilizer materials, the secretary, pursuant to the provisions of chapter 1-26, may promulgate rules to establish good manufacturing practices.
Source:
SDC Supp 1960, §22.1703(2)(b) as enacted by SL 1966, ch 66, §3; SL 1982, ch 281, §27; SL 1986, ch 326, §30.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-26 - Guaranteed analysis of custom mix or fertilizer materials.

38-19-26. Guaranteed analysis of custom mix or fertilizer materials.
In lieu of the guaranteed analysis, the person who mixes to the customer's order must furnish to the purchaser and consumer a written or printed statement showing the weight and guaranteed analysis of each of the fertilizer materials used in the intimate mixture or delivered in each of the separate compartments in the load.
Source:
SDC Supp 1960, §22.1703 (2) (c) as enacted by SL 1966, ch 66, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-27 - Sales and exchanges to manufacturers and mixers exempt from requirements.

38-19-27. Sales and exchanges to manufacturers and mixers exempt from requirements.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of commercial fertilizers to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.
Source:
SL 1949, ch 85, §16; SDC Supp 1960, §22.1716.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-28 - Recommendation of grades of fertilizers for use in state--Publication of recommended lists.

38-19-28. Recommendation of grades of fertilizers for use in state--Publication of recommended lists.
The secretary of agriculture and natural resources may in his discretion hold public hearing open to all interested parties and with the aid of available and impartial data promulgate a list of grades of mixed fertilizers recommended as adapted to the agricultural needs of the state. Immediately after such hearing or as nearly as practicable thereafter it shall be the duty of the secretary with the cooperation of the agricultural experiment station and the extension service to give wide publicity to such list of adapted grades of mixed fertilizers so the consumers may profit by this information and avoid loss of time and money by the use of fertilizers not adapted to their soil needs.
Source: SL 1949, ch 85, §9; SDC Supp 1960, §22.1709; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-30 - Inspection and sampling to determine compliance with chapter.

38-19-30. Inspection and sampling to determine compliance with chapter.
It shall be the duty of the secretary of agriculture and natural resources, who may act through his authorized agents, to inspect and sample commercial fertilizers offered for sale, sold, or distributed within this state at such time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter, and the secretary shall have the further authority to obtain such additional information as he may deem advisable.
Source: SL 1949, ch 85, §7; SDC Supp 1960, §22.1707 (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 19 - Commercial Fertilizer › Section 38-19-30.1 - Proof of claims required of licensed applicant or registrant--Sources of proof.

38-19-30.1. Proof of claims required of licensed applicant or registrant--Sources of proof.
The secretary of agriculture and natural resources may require a license applicant or registrant to furnish proof of claims made for any product covered by this chapter and may require proof of value when used as directed or recommended. The secretary shall rely on replicate, or the data derived therefrom, performed by a reputable investigator. The experimental data shall be obtained under conditions similar to those in this state under which the product is intended to be used. The secretary may accept or reject other sources of proof as additional evidence.
Source: SL 1982, ch 281, §22; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-31 - Manner of drawing and sealing official samples--Forwarding to director of laboratories.

38-19-31. Manner of drawing and sealing official samples--Forwarding to director of laboratories.
An official fertilizer sample shall be one drawn in the manner prescribed by the secretary of agriculture and natural resources from a lot or shipment of fertilizer sold or exposed for sale in this state. In sampling a lot of commercial fertilizer packaged in small containers (less than five pounds each) a single package may constitute the official sample. All samples collected shall be sealed and marked with identifying marks in the presence of the dealer or person from whom taken, and shall be promptly forwarded to the director of laboratories for examination.
Source: SL 1949, ch 85, §7; SDC Supp 1960, §22.1707 (2); SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-32 - Examination of samples and reports by director of laboratories.

38-19-32. Examination of samples and reports by director of laboratories.
It shall be the duty of the director of laboratories to examine all samples submitted under the provisions of this chapter and to report results promptly to the secretary of agriculture and natural resources.
Source: SL 1949, ch 85, §7; SDC Supp 1960, §22.1707 (2); SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-33 - Analytical methods used by director of laboratories.

38-19-33. Analytical methods used by director of laboratories.
The methods of analysis shall be those adopted by the secretary of agriculture and natural resources, through rules promulgated pursuant to the provisions of chapter 1-26, from published sources such as those of the association of official analytical chemists.
Source: SL 1949, ch 85, §7; SDC Supp 1960, §22.1707(3); SL 1986, ch 326, §31; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-34 - Publication of analyses--Dissemination of information.

38-19-34. Publication of analyses--Dissemination of information.
The secretary of agriculture and natural resources shall have authority to publish analyses of all products within the purview of this chapter and to gather and disseminate for the benefit of the public useful information concerning fertilizers and fertilizer materials.
Source: SL 1919, ch 207, §6; SDC 1939, §22.1701; SL 1949, ch 85, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-35 - Annual publication of fertilizer data and analysis results--Separation by semiannual periods.

38-19-35. Annual publication of fertilizer data and analysis results--Separation by semiannual periods.
The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial fertilizers, together with such data on their production and use as he may consider advisable, and report of the results of the analyses based on official samples of commercial fertilizers sold within the state as compared with the analyses guaranteed under §38-19-15. Provided, however, that the information concerning production and use of commercial fertilizers shall be shown separately for the periods July first to December thirty-first and January first to June thirtieth of each year, and no disclosure shall be made of the operations of any person.
Source: SL 1949, ch 85, §11; SDC Supp 1960, §22.1711; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36 - Rules and regulations for labeling, storage, and distribution.

38-19-36. Rules and regulations for labeling, storage, and distribution.
For enforcement of this chapter, the secretary of agriculture and natural resources may promulgate, pursuant to the provisions of chapter 1-26, rules relating to labeling, storage, licensing, sampling, inspection, analysis, and distribution of commercial fertilizers to carry into effect the full intent and meaning of this chapter.
Source: SL 1949, ch 85, §12; SDC Supp 1960, §22.1712; SL 1966, ch 66, §5; SL 1986, ch 326, §32; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.1 - Rules for siting of ammonia, fertilizer, and fertilizer production facilities.

38-19-36.1. Rules for siting of ammonia, fertilizer, and fertilizer production facilities.
The secretary, pursuant to the provisions of chapter 1-26, may promulgate rules for siting of anhydrous ammonia storage facilities, for commercial fertilizer storage facilities and for commercial fertilizer production facilities.
Source:
SL 1986, ch 326, §34.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.2 - Operation of bulk commercial fertilizer storage facility without permit prohibited-- Rules--Revocation of permit--Violation as misdemeanor.

38-19-36.2. Operation of bulk commercial fertilizer storage facility without permit prohibited--Rules--Revocation of permit--Violation as misdemeanor.
No person may establish or operate a bulk commercial fertilizer storage facility without obtaining a bulk commercial fertilizer storage facility permit from the secretary. The secretary may establish by rule, promulgated pursuant to chapter 1-26, a bulk commercial fertilizer storage facility permit system and operational requirements necessary for secondary containment of bulk commercial fertilizer for the protection of the environment and human health. The secretary may require that appropriate plans and specifications for construction and operation of a bulk commercial fertilizer storage facility be submitted for approval prior to the issuance, modification, suspension, or revocation of a permit. If a bulk commercial fertilizer storage facility is operating in violation of the permit requirements established pursuant to rules promulgated under this section, the secretary may grant a reasonable period of time for the facility to comply with the rules. If the facility does not comply with the rules in the prescribed period of time, the secretary shall revoke the operating permit pursuant to chapter 1-26. Any person operating a bulk commercial fertilizer storage facility without a permit issued pursuant to this section, or operating with a revoked permit, is guilty of a Class 1 misdemeanor.
Source:
SL 1988, ch 315, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.3 - Civil penalty--Injunctive relief.

38-19-36.3. Civil penalty--Injunctive relief.
Any person who operates a bulk commercial fertilizer storage facility without a permit or who violates the bulk commercial fertilizer storage facility permit provision of this section and §§38-19-1 and 38-19-36.2 is subject to a civil action in circuit court for the recovery of a civil penalty not to exceed five hundred dollars for each day of violation. In addition, the secretary, through the attorney general's office, may enforce the provisions of this section and §§38-19-1 and 38-19-36.2 by means of injunctive and declaratory relief in circuit court.
Source:
SL 1988, ch 315, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.4 - "Anhydrous ammonia" defined.

38-19-36.4."Anhydrous ammonia" defined.
For the purposes of §§38-19-36.4 to 38-19-36.7, inclusive, the term, anhydrous ammonia, means a compound formed by the chemical combination of the elements nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen as shown by the chemical formula NH3. On a weight basis, the ratio is fourteen parts nitrogen to three parts hydrogen or approximately eighty-two percent nitrogen to eighteen percent hydrogen. Anhydrous ammonia may exist in either a gaseous or a liquid state.
Source:
SL 2001, ch 216, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.5 - Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty.

38-19-36.5. Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty.
No person may:
(1)Place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia;
(2)Transport anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to transport anhydrous ammonia;
(3)Use, deliver, receive, sell, or transport a container designed and constructed to contain anhydrous ammonia without the express consent of the owner or authorized custodian of the container; or
(4)Tamper with any equipment or facility used to contain, store, or transport anhydrous ammonia.
For the purposes of this section, containers designed and constructed for the storage and transport of anhydrous ammonia are described in the Code of Federal Regulations, title 49 as of January 1, 2001. Any person who violates the provisions of this section is guilty of a Class 5 felony or is subject to a civil penalty not to exceed fifty thousand dollars or both.
Source:
SL 2001, ch 216, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.6 - Action for damages against certain persons unavailable to person who tampers with equipment.

38-19-36.6. Action for damages against certain persons unavailable to person who tampers with equipment.
Except as provided in §38-19-36.7, a person tampering with anhydrous ammonia containers or equipment under §38-19-36.5 has no cause of action for damages arising out of the tampering against:
(1)The owner or lawful custodian of the container or equipment;
(2)A person responsible for the installation or maintenance of the container or equipment; or
(3)A person lawfully selling or offering for sale the anhydrous ammonia.
Source:
SL 2001, ch 216, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.7 - Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia.

38-19-36.7. Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia.
The provisions of §38-19-36.6 do not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose.
Source:
SL 2001, ch 216, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.8 - Assumption of risk by person tampering with anhydrous ammonia--Immunity from liability for owners.

38-19-36.8. Assumption of risk by person tampering with anhydrous ammonia--Immunity from liability for owners.
Any person tampering with or assisting in tampering with anhydrous ammonia assumes the risk of personal injury, death, and any other economic or noneconomic loss or damage arising from tampering with or assisting in tampering with anhydrous ammonia. An owner of anhydrous ammonia is not liable to such person for personal injury, death, or any other economic or noneconomic loss or damage arising out of tampering with or assisting in tampering with anhydrous ammonia, except in any case in which such loss or damage was caused by conduct of the owner that was willful, wanton, reckless, or grossly negligent.
Source:
SL 2004, ch 258, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.9 - Owner of anhydrous ammonia defined.

38-19-36.9. Owner of anhydrous ammonia defined.
For purposes of this §§38-19-36.8 to 38-19-36.10, inclusive, the term, owner of anhydrous ammonia, means any person who, for any lawful purpose:
(1)Owns anhydrous ammonia;
(2)Owns a container, equipment, or storage facility containing anhydrous ammonia;
(3)Is responsible for the installation or operation of a container, equipment, or storage facility containing anhydrous ammonia;
(4)Sells anhydrous ammonia;
(5)Purchases anhydrous ammonia; or
(6)Operates or uses anhydrous ammonia containers, equipment, or storage facilities.
Source:
SL 2004, ch 258, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-36.10 - Tampering defined.

38-19-36.10. Tampering defined.
For the purposes of §§38-19-36.8 to 38-19-36.10, inclusive, the term, tampering, means unlawfully releasing, transferring, or attempting to release or transfer anhydrous ammonia from its present container, equipment, or storage facility to another container, equipment, or storage facility or the subsequent transport of such anhydrous ammonia.
Source:
SL 2004, ch 258, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-37 - Secretary charged with enforcement--Access to property and records.

38-19-37. Secretary charged with enforcement--Access to property and records.
The secretary of agriculture and natural resources is charged with the administration and enforcement of this chapter and he and his deputies, assistants, agents, and employees shall have all the rights of visitation, inspection, sampling, examination, and access to places, property, containers and records, and prosecution, as the same are provided in this title or in any of the chapters of Title 39.
Source: SL 1919, ch 207, §6; SDC 1939, §22.1701; SL 1949, ch 85, §1; SL 1986, ch 326, §33; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-37.1 - Secretary to be given copies of labels and labeling.

38-19-37.1. Secretary to be given copies of labels and labeling.
Each license applicant or licensee shall, upon request of the secretary, furnish copies of labels and labeling in order to permit the secretary to determine compliance with the provisions of this chapter.
Source:
SL 2001, ch 215, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-38 - Stop-sale orders against fertilizer in violation.

38-19-38. Stop-sale orders against fertilizer in violation.
It shall be the duty of the secretary of agriculture and natural resources to issue and enforce written or printed "stop-sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the secretary finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter or any regulation issued hereunder, until the law has been complied with and said commercial fertilizer is released in writing by the secretary or said violation has been otherwise legally disposed of by written authority.
Source: SL 1949, ch 85, §14; SDC Supp 1960, §22.1714; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-39 - Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant.

38-19-39. Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant.
Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure and condemnation on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of this chapter and orders the condemnation of said commercial fertilizer it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of this state; provided, that in no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of said commercial fertilizer or for permission to process or relabel said commercial fertilizer to bring it into compliance with this chapter.
Source: SL 1949, ch 85, §15; SDC Supp 1960, §22.1715; SL 1966, ch 66, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-40 - Injunction to prevent violations.

38-19-40. Injunction to prevent violations.
The secretary of agriculture and natural resources is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Source: SDC Supp 1960, §22.1715 (1) (e) as added by SL 1966, ch 66, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-41 - Violation of chapter, rule or regulation as misdemeanor.

38-19-41. Violation of chapter, rule or regulation as misdemeanor.
Any person violating any of the provisions of this chapter or any rule or regulation promulgated hereunder is guilty of a Class 2 misdemeanor.
Source:
SL 1919, ch 207, §5; SDC 1939, §22.9926; SL 1949, ch 85, §17; SDC Supp 1960, §22.9926-1; SDC Supp 1960, §22.1715 (1) (b) as added by SL 1966, ch 66, §6; SL 1977, ch 190, §325.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-43 - Discretion in prosecution of minor violations--Warning.

38-19-43. Discretion in prosecution of minor violations--Warning.
Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to report for prosecution, or for the institution of seizure proceedings, minor violations of the chapter when he believes that the public interests will be best served by a suitable notice of warning in writing.
Source: SL 1949, ch 85, §17; SDC Supp 1960, §22.1717; SDC Supp 1960, §22.1715 (1) (c) as added by SL 1966, ch 66, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-45 - Severability of provisions.

38-19-45. Severability of provisions.
If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Source:
SL 1949, ch 85, §18; SDC Supp 1960, §22.1718.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-46 - Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application.

38-19-46. Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application.
The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 relating to transportation, use, application, disposal, posting of application sites, or notification of the public or other individuals who may be affected by a commercial fertilizer application that has occurred or will occur in the future.
Source: SL 1992, ch 284, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-47 - Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard.

38-19-47. Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard.
The secretary of agriculture and natural resources may reject the commercial fertilizer distribution license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial fertilizer license of any firm subsequently found not to be in compliance with any provision of this chapter. However, no commercial fertilizer distribution license may be refused or canceled unless the licensee has been given an opportunity to be heard before the secretary and to amend the application in order to comply with the requirements of this chapter.
Source: SL 2001, ch 215, §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-48 - Nutrient research and education fund created.

38-19-48. Nutrient research and education fund created.
There is hereby created a nutrient research and education fund for the purpose of advancing fertilizer-related, nutrient-related, and water quality-related purposes as provided in §38-19-49. Any money in the nutrient research and education fund is continuously appropriated to the Agriculture Experiment Station. The state may accept and expend for the purposes of §§38-19-48 to 38-19-51, inclusive, funds obtained from appropriations or any other source. Interest earned on money in the fund shall be deposited into the fund. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in §4-7-7.2.
Source:
SL 2016, ch 201, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-49 - Deposit of inspection fees into nutrient research and education fund--Purposes of disbursements.

38-19-49. Deposit of inspection fees into nutrient research and education fund --Purposes of disbursements.
From each fee collected pursuant to §38-19-10, fifty cents shall be deposited into the nutrient research and education fund created in §38-19-48. The nutrient research and education fund shall be disbursed as follows:
(1)The Agriculture Experiment Station may use an amount not to exceed five percent of the revenue deposited in the fund for administrative expenses necessary to carry out the functions of §§38-19-48 to 38-19-51, inclusive;
(2)The balance of the fund shall be used for fertilizer-related, nutrient-related, and water quality-related research and education purposes in conjunction with the Nutrient Research and Education Council; and
(3)Beginning in fiscal year 2020, a minimum of ten percent of the fund shall be used to support water quality projects.
Source:
SL 2016, ch 201, §4.