reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-4 - Cooperation with other agencies--Expenditure of funds.

38-24A-4. Cooperation with other agencies--Expenditure of funds.
The secretary of agriculture and natural resources is authorized to cooperate with any agency he deems necessary to suppress, control, prevent, or retard the spread of any pest including the right to expend state funds on federal, state, and private lands for such purposes.
Source: SL 1971, ch 220, §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 24A - Plant Quarantine And Treatment › Section 38-24A-5 - Interstate cooperation in control activities.

38-24A-5. Interstate cooperation in control activities.
The secretary of agriculture and natural resources is authorized to cooperate with agencies of adjacent states in such operations and measures as he deems necessary to locate, suppress, control, or to prevent or retard the spread of any pest; provided, that the use of funds for operations in adjacent states must be approved in advance by the Governor or his designee.
Source: SL 1971, ch 220, §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 24A - Plant Quarantine And Treatment › Section 38-24A-6 - Quarantines and embargoes authorized.

38-24A-6. Quarantines and embargoes authorized.
The secretary of agriculture and natural resources is authorized to quarantine this state or any portion thereof when he shall determine that such action is necessary to prevent or retard the spread of a pest within or from this state and to place an embargo on articles from any other state or portion thereof whenever he determines that a pest exists therein and that such action is necessary to prevent or retard its spread into this state.
Source: SL 1971, ch 220, §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 24A - Plant Quarantine And Treatment › Section 38-24A-7 - Limitation of quarantined area--Extension.

38-24A-7. Limitation of quarantined area--Extension.
The secretary of agriculture and natural resources may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include additional portions of the quarantined area upon publication of a notice to that effect in such newspapers in the quarantined area as he may select or by direct written notice to those concerned.
Source: SL 1971, ch 220, §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 24A - Plant Quarantine And Treatment › Section 38-24A-9 - Scope of rules relating to regulated area--Publication of notice.

38-24A-9. Scope of rules relating to regulated area--Publication of notice.
The secretary may promulgate rules pursuant to chapter 1-26:
(1)To provide standards and procedures for location, suppression, prevention, retardation, and control of the spread of pests;
(2)To provide standards and procedures for plant quarantines and embargoes;
(3)To provide restrictions for the movement of pests, hosts, and regulated articles from quarantined or embargoed areas;
(4)To provide standards and procedures to seize, treat, or dispose of pests, hosts, or regulated articles;
(5)To provide standards for restrictions regarding inspection, disinfection, treatment, and certification of plants from quarantined or regulated areas; and
(6)To establish fees for inspection and certification or to recover costs for pest control efforts.
In addition to the reporting requirements of chapter 1-26 notice of the rules shall be published in such newspapers in the quarantined area as the secretary may select.
Source:
SL 1971, ch 220, §5; SL 1986, ch 326, §56.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-9.1 - Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable.

38-24A-9.1. Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable.
Other provisions of this chapter and the provisions of chapter 1-26 notwithstanding, the secretary may adopt emergency measures to quarantine or otherwise control plant infestations on an emergency basis. Such measures shall be subject to a public hearing, which shall be held within twenty-one days of implementation of such measures, but no official decision need be undertaken at the conclusion of such hearing. Notice of such hearing shall be published at least once in at least one official newspaper in the infested area. Such emergency measures shall be valid for a period of ninety days from implementation of the measures. After ninety days, such measures shall be subject to the rule-making procedures of chapter 1-26.
Source:
SL 1986, ch 326, §54.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-10 - Movements contrary to quarantine rules prohibited.

38-24A-10. Movements contrary to quarantine rules prohibited.
Following establishment of a quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into, or through this state contrary to rules promulgated by the secretary of agriculture and natural resources.
Source: SL 1971, ch 220, §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 24A - Plant Quarantine And Treatment › Section 38-24A-11 - Quarantine violation as misdemeanor.

38-24A-11. Quarantine violation as misdemeanor.
Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and rules, to remove all possibilities of infestation and damage, in effect at the point of origin, is guilty of a Class 1 misdemeanor.
Source:
SL 1971, ch 220, §10; SL 1977, ch 190, §344.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-12 - Seizure and treatment or disposal of infested articles--Notice to owner.

38-24A-12. Seizure and treatment or disposal of infested articles--Notice to owner.
Whenever the secretary of agriculture and natural resources or his designated agent finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in this state, he may, upon giving notice to the owner or his representative in possession thereof, seize, quarantine, treat, or otherwise dispose of such pest, host, or article in such manner as the secretary or his designated agent considers necessary to suppress, control, prevent, or retard the spread of the pest. The secretary or his designated agent may order such owner or agent to so treat or otherwise dispose of the pest, host, or article before removing from the quarantined area. A notice or order is considered given if it is given by personal service to the owner or his representative, or a copy is sent to the owner by certified mail addressed to the last known address of the owner at least five days before the effective date of the notice or order.
Source: SL 1971, ch 220, §6; SL 1986, ch 334, §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 24A - Plant Quarantine And Treatment › Section 38-24A-12.1 - Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land.

38-24A-12.1. Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land.
Any person who owns the premises is liable for the actual and necessary expense in connection with the seizure, quarantine, treatment, or disposal of a pest, host, or regulated article. The liability may be assessed against the premises and collected in the same manner as taxes are collected. The department shall keep an accurate account of the expenses incurred in itemized form and certify it to the county auditor of the county where the land is located. The county auditor shall place the amount upon the next tax list to be prepared in the county, in a separate column to be headed "for the control of pests." The county treasurer shall remit all money collected under this section to the state treasurer who shall deposit it in the general fund. The assessment is subject to all penalties provided for the nonpayment of taxes, and the entry of such expenses upon the tax list is presumptive evidence of the liability of the land to the tax.
Source:
SL 1986, ch 334, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-13 - Public notice of large-scale treatment operations.

38-24A-13. Public notice of large-scale treatment operations.
Where large areas or metropolitan areas, involving many people, are to be treated, notice may be by means of newspaper, radio, or other news media. Such notice if given by newspaper shall prominently appear at least ten days prior to treatment in at least two issues of a daily paper having local coverage.
Source:
SL 1971, ch 220, §6; SL 1972, ch 236, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-14 - Inspection powers of secretary--Notice.

38-24A-14. Inspection powers of secretary--Notice.
To effectuate the purposes of this chapter, the secretary of agriculture and natural resources may, with a search warrant or the consent of the owner, make reasonable inspection of any property in this state. The secretary may, without a search warrant, with or without the assistance of any law enforcement agency, stop and inspect, in a reasonable manner, any means of conveyance moving within this state upon probable cause to believe it contains or carries any pest, host, or other article subject to the provisions of this chapter, and may make any other reasonable inspection of any premises or means of conveyance for which no search warrant is required. The secretary may, if he believes that a pest exists, investigate the suspected premises after giving written notice. Such notice is considered given if it is given to the owner or person in charge of the premises by personal service at least one day before entry, or if it is mailed by certified mail addressed to the last known address of the owner at least five days before entry.
Source: SL 1971, ch 220, §8; SL 1986, ch 334, §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 24A - Plant Quarantine And Treatment › Section 38-24A-15 - Issuance of search warrants.

38-24A-15. Issuance of search warrants.
The appropriate circuit and magistrate courts in this state shall have authority to issue search warrants for such inspections upon a showing by the secretary of agriculture and natural resources that there is probable cause to believe that there exists in or on the property to be inspected a pest, host, or other article subject to the provisions of this chapter.
Source: SL 1971, ch 220, §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 24A - Plant Quarantine And Treatment › Section 38-24A-16 - Compensation for uninfested articles destroyed.

38-24A-16. Compensation for uninfested articles destroyed.
The owner of any property destroyed or ordered to be treated or otherwise disposed of under this chapter may, in an action against this state in the appropriate court for the county in which he resides or the property was located, recover just compensation for any property so destroyed and the reasonable costs of disposal of any property ordered destroyed, if he establishes that the property was not a pest, host, or infested article.
Source:
SL 1971, ch 220, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-17 - Violation as misdemeanor--Civil liability for damages.

38-24A-17. Violation as misdemeanor--Civil liability for damages.
Any person who violates any of the provisions of this chapter or who alters, forges, counterfeits, or uses without authority any certificate or permit or other document provided for in this chapter or in the rules of the secretary of agriculture and natural resources provided for in this chapter, is guilty of a Class 1 misdemeanor. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter.
Source: SL 1971, ch 220, §10; SL 1977, ch 190, §345; SL 2001, ch 218, §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 24A - Plant Quarantine And Treatment › Section 38-24A-18 - Severability of provisions.

38-24A-18. 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 1971, ch 220, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24A - Plant Quarantine And Treatment › Section 38-24A-19 - Citation of chapter--Additional to other powers.

38-24A-19. Citation of chapter--Additional to other powers.
This chapter shall be known as the South Dakota Plant Quarantine Act and may not be construed to repeal any existing authority of the secretary of agriculture and natural resources but shall be in addition to any powers conferred upon the secretary by chapters 38-18, 38-22, and 38-24B.
Source: SL 1971, ch 220, §12; SL 1986, ch 334, §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 24A - Plant Quarantine And Treatment › Section 38-24A-20 - Special certificates on plants for export.

38-24A-20. Special certificates on plants for export.
The Department of Agriculture and Natural Resources may grant special phytosanitary certificates on any plants or plant products for individual shipment to other states in compliance with the plant inspection and plant quarantine regulations of the state of destination or to foreign countries in compliance with the plant inspection and plant quarantine regulations of the countries of destination.
Source: SL 2001, ch 218, §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 24A - Plant Quarantine And Treatment › Section 38-24A-21 - Inspection of plants intended for export--Certificate--Fees.

38-24A-21. Inspection of plants intended for export--Certificate--Fees.
Any owner of plants or plant products intending to ship those plants or plant products into another state or country may apply to the Department of Agriculture and Natural Resources for an inspection or for obtaining an official sample. The inspection shall determine the presence of pests or the suitability of processing equipment and grades which would prevent the acceptance of the plants or plant products into other states or countries. Upon receipt of the application, the department may comply with the request and may issue a certificate of facts disclosed. The fee for inspection, obtaining samples, or issuing certificates are as follows:
(1)On-site inspection, two hundred dollars;
(2)Field inspection, two hundred fifty dollars for the first acre and two dollars for each additional acre;
(3)State certificate, fifty dollars;
(4)Federal certificate, one hundred twenty-five dollars;
(5)In-transit compliance agreements, fifty dollars;
(6)In-transit certificates, twenty-five dollars; and
(7)Reissue or replace state or federal phytosanitary certificate, twenty-five dollars.
Source: SL 2001, ch 218, §3; SL 2010, ch 200, §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 24B - Nursery Stock And Plant Pest Control › Section 38-24B-1 - Definitions.

38-24B-1. Definitions.
Terms, as used in this chapter, mean:
(1)"Annual plants," ornamental or vegetable plants which are commonly grown in movable containers and transplanted to out of doors locations and which do not live for more than one growing season;
(2)"Dealer," any person who is not a resident nurseryman:
(a)Who buys nursery stock for the purpose of reselling or reshipping;
(b)Who makes landscape plans using nursery stock and negotiates in the purchase of nursery stock for clients; or
(c)Who contracts to furnish and plant nursery stock;
(3)"Decorative plants," indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because of climatic conditions and natural peculiarities of habit or growth and because of the purpose of their cultivation;
(4)"Department," the State Department of Agriculture and Natural Resources;
(5)"Nursery," any grounds or premises on which nursery stock is being grown, fumigated, packed, displayed, or stored, if such stock is or will either be sold or offered for sale or distribution;
(6)"Nurseryman," any person who owns, leases, manages, or is in charge of a nursery;
(7)"Nursery stock," trees, shrubs, or other plants having a persistent woody stem; all herbaceous perennials; and parts of either of those which are capable of propagation, except for seeds, true bulbs, rhizomes, corms, and tubers while in a dormant condition;
(8)"Pest," any animal, plant, insect, infectious transmissible or contagious disease, or other organism which is or may be dangerous or detrimental to the plant industry of the state;
(9)"Regulated pest," any pest which the secretary determines is sufficiently detrimental to the plant industry of the state to warrant control or eradication measures;
(10)"Related plant products," seed, true bulbs, rhizomes, corms, roots, and tubers of nursery stock while in a dormant condition and nonviable plant to include forced blooming plants and Christmas trees;
(11)"Resident nurseryman," any nurseryman in this state who grows all or a portion of the nursery stock that the nurseryman sells or distributes;
(12)"Secretary," the state secretary of agriculture and natural resources;
(13)"Sod," grassy surface soil held together by matted roots of grass cultivars, mixtures, or blends of grass cultivars and used in residential and commercial landscape;
(14)"Viable," capable of germination or living and developing under normal growing conditions into a plant which would be typical in height, spread, caliper, dimension, condition, quality, and age for a plant of that species.
Source: SL 1985, ch 313, §1; SL 1986, ch 335, §§1, 2; SL 2001, ch 215, §26; SL 2017, ch 181, §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 24B - Nursery Stock And Plant Pest Control › Section 38-24B-2 - Promulgation of rules.

38-24B-2. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules pursuant to the provisions of chapter 1-26 to establish:
(1)Standards for inspection and sampling;
(2)Standards for inspection performance;
(3)Forms for requests for inspection;
(4)Procedures for issuing and revoking certificates of inspections;
(5)Restrictions for the movement of plants and hosts;
(6)Treatment provisions of infested hosts or premises;
(7)Provisions for issuance of special phytosanitary certificates;
(8)Provisions for quarantine or destruction of pests and hosts;
(9)Reporting requirements on suspected plants; and
(10)Criteria for the implementation and administration of the fee schedule contained in §38-24B-7.
Source: SL 1985, ch 313, §2; SL 1986, ch 326, §57; SL 2009, ch 197, §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 24B - Nursery Stock And Plant Pest Control › Section 38-24B-3 - Pests as public nuisances--Permitting existence of pests prohibited--Distributing infested plant products prohibited--Violation as misdemeanor.

38-24B-3. Pests as public nuisances--Permitting existence of pests prohibited--Distributing infested plant products prohibited--Violation as misdemeanor.
A pest is declared to be a public nuisance. No person may knowingly permit pests to exist in or on his premises. No person may sell, offer for sale, or distribute any nursery stock, decorative plants, annual plants, sod, or related plant products infested with a pest. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1985, ch 313, §3; SL 1986, ch 335, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-4 - Misrepresentation of nursery stock and plants offered for distribution--Violation as misdemeanor.

38-24B-4. Misrepresentation of nursery stock and plants offered for distribution--Violation as misdemeanor.
No person may intentionally misrepresent the grade, character, variety, hardiness, or quality of nursery stock in a nursery or of nursery stock, decorative plants, annual plants, sod, or related plant products offered for sale or distribution. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1985, ch 313, §4; SL 1986, ch 335, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-5 - License required to sell or distribute nursery stock--Violation as misdemeanor.

38-24B-5. License required to sell or distribute nursery stock--Violation as misdemeanor.
No person may sell, offer for sale, or distribute any nursery stock until the person has obtained a license from the secretary. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1985, ch 313, §5; SL 2016, ch 202, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-6 - Application for license.

38-24B-6. Application for license.
Any nurseryman desiring to sell or ship nursery stock in the state shall make application before the first day of March to the department for a license.
Source:
SL 1985, ch 313, §6; SL 2016, ch 202, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-7 - Issuance of license--Annual fee.

38-24B-7. Issuance of license--Annual fee.
The department shall issue a license to any nurseryman, operating as a resident nurseryman or dealer, who completes the application provided by the department and pays the license fee. The annual fee for the license is as follows:
(1)Resident nurseryman: two hundred dollars. However, the fee for a resident nurseryman with less than five thousand dollars in gross sales on nursery stock is forty-two dollars and fifty cents;
(2)Nursery stock dealer with less than five thousand dollars annual gross sales of nursery stock: seventy dollars;
(3)Nursery stock dealer with more than five thousand but less than twenty thousand dollars annual gross sales of nursery stock: one hundred fifteen dollars; or
(4)Nursery stock dealer with more than twenty thousand dollars annual gross sales of nursery stock: two hundred dollars.
Source:
SL 1985, ch 313, §7; SL 2001, ch 215, §27; SL 2009, ch 197, §2; SL 2016, ch 202, §1; SL 2017, ch 181, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-7.1 - Certificate of inspection_Fee.

38-24B-7.1. Certificate of inspection--Fee.
The department shall issue a certificate of inspection to any nurseryman or dealer whose nursery stock has been officially inspected and found to be viable and free from pests. The inspection fee shall be two hundred and fifteen dollars per inspection.
Source:
SL 2016, ch 202, §2; SL 2017, ch 181, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-8 - Separate certificate for each sale location--Display--Violation as misdemeanor.

38-24B-8. Separate license for each sale location--Display--Violation as misdemeanor.
A separate license shall be obtained from the department for each location before selling, offering, or exposing nursery stock for sale. The license shall be displayed in a prominent manner wherever nursery stock is offered for sale. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1985, ch 313, §8; SL 2016, ch 202, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-9 - License for out-of-state nurseryman--Fee--Waiver.

38-24B-9. License for out-of-state nurseryman--Fee--Waiver.
Any nurseryman whose location is outside the state may obtain a license to sell nursery stock within the state by filing a certified copy of the official inspection certificate and paying a two hundred fifty dollar fee to the secretary of agriculture and natural resources. The secretary may waive the payment of the fee if the applicant's state does not require a fee by South Dakota applicants for a like certificate in that state.
Source: SL 1985, ch 313, §9; SL 2001, ch 215, §28; SL 2009, ch 197, §3; SL 2017, ch 181, §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 24B - Nursery Stock And Plant Pest Control › Section 38-24B-10 - Inspection and certification sales by nonprofit organizations--Violations as misdemeanors.

38-24B-10. Inspection and certification sales by nonprofit organizations--Violations as misdemeanors.
A sale or trade of nursery stock may be made by garden clubs and other nonprofit organizations only if notification of the time and place of the sale is given to the Department of Agriculture and Natural Resources at least ten days prior to the time of the intended sale. The notice shall be in writing and, if, upon receipt of the notice, the department finds the plants free from pests, it may issue a certificate of inspection. This certificate of inspection is issued without fee. A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 313, §10; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-11 - Certain applicants prohibited from receiving license or certificate of inspection.

38-24B-11. Certain applicants prohibited from receiving license or certificate of inspection.
No certificate of inspection or license may be issued to an applicant who purchases nursery stock from an uncertified nursery in this state or from a nonresident nursery or nursery stock dealer whose stock has not been inspected and certified by the regulatory official of the state of origin.
Source:
SL 1985, ch 313, §11; SL 2016, ch 202, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-12 - Growers and dealers--Certificate of inspection--Fees.

38-24B-12. Growers and dealers--Certificate of inspection--Fees.
Any grower or dealer of decorative plants, annual plants, sod, or related plant products may apply to the department for a certificate of inspection. The department may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or related plant products have been officially inspected and found free from pests. The fee for inspection and certification is one hundred forty dollars plus five dollars for each acre of growing field and five dollars for each ten thousand square feet of growing greenhouse.
Source:
SL 1985, ch 313, §12; SL 1986, ch 335, §5; SL 2001, ch 215, §29; SL 2009, ch 197, §4; SL 2016, ch 202, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-13 - Revocation of license--Hearing--Notice--Temporary cease and desist order.

38-24B-13. Revocation of license--Hearing--Notice--Temporary cease and desist order.
The secretary may revoke a license for cause following a hearing pursuant to chapter 1-26. The secretary may issue a temporary cease and desist order pending the hearing. At least ten days notice shall be given prior to conducting a hearing pursuant to this section.
Source:
SL 1985, ch 313, §13; SL 2016, ch 202, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-14 - Term of license.

38-24B-14. Term of license.
A license issued pursuant to the provisions of this chapter is in effect for a period not to exceed one year and expires on December thirty-first of the year issued.
Source:
SL 1985, ch 313, §14; SL 2001, ch 215, §37; SL 2016, ch 202, §9; SL 2017, ch 181, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-15 - Importation of plants--Certificate or copy to be attached--Violation as misdemeanor.

38-24B-15. Importation of plants--Certificate or copy to be attached--Violation as misdemeanor.
Any person who engages in the selling and shipping of nursery stock, decorative plants, annual plants, or sod into this state or the selling and shipping of nursery stock out of this state shall attach to the bill of lading or to the outside of each package, box, bale, or carload lot so shipped or delivered, a tag or poster on which appears an exact copy of his valid certification of inspection. The use of tags or posters bearing an invalid or altered certificate or the misuse of any valid certificate or tag is unlawful. To accommodate multiple shipments, the certificate may be reproduced or an unlike copy, approved by the department, may be used. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1985, ch 313, §15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-16 - Accepting plants for shipment without certificate prohibited--Carrier to report imported plants without indicia of inspection--Quarantine--Disposition--Violation as misdemeanor.

38-24B-16. Accepting plants for shipment without certificate prohibited--Carrier to report imported plants without indicia of inspection--Quarantine--Disposition--Violation as misdemeanor.
No person may accept for shipment any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution without a valid certificate affixed to the bill of lading or on the outside of the package, bale, box, or car containing the shipment showing that the contents have been inspected by an official state or federal inspector. In case any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution is shipped into this state from another state or country, without a valid certificate of inspection the fact shall be promptly reported to the Department of Agriculture and Natural Resources by the person carrying that shipment. The secretary of agriculture and natural resources may quarantine such shipment and order it held for inspection. Following inspection, the secretary may direct that the shipment be removed from the state or destroyed pursuant to this chapter. A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 313, §16; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-17 - Inspection of nurseries, places of possible pest infestation and nursery stock--Hindering as misdemeanor.

38-24B-17. Inspection of nurseries, places of possible pest infestation and nursery stock--Hindering as misdemeanor.
The Department of Agriculture and Natural Resources may annually inspect all nurseries in this state. The department may inspect any field, orchard, garden, plantation, park, cemetery, packing ground, building, cellar, and all places, public or private, which may be infested or infected with a pest. The department may inspect or reinspect at any time or place any nursery stock shipped in or into this state and treat it as provided in this chapter. No person may hinder, obstruct, or defeat the inspection by misrepresentation or concealment of facts or conditions or make a false declaration of acreage or cause any concealment of nursery stock from inspection. Any person hindering, obstructing, or defeating an inspection required by this section is guilty of a Class 1 misdemeanor.
Source: SL 1985, ch 313, §17; SL 1986, ch 335, §6; SL 2015, ch 203, §21; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-18 - Withholding certificate where pests discovered--Prohibiting distribution of infested or defective stock.

38-24B-18. Withholding certificate where pests discovered--Prohibiting distribution of infested or defective stock.
If any pests are discovered in any nursery, the certificate of inspection shall be withheld until the pest has been abated, as provided in this chapter. The secretary of agriculture and natural resources may prohibit the sale or distribution of any nursery stock if upon inspection it is found to be so infested by pests or to be nonviable or damaged or desiccated so as to be incapable of normal growth if given reasonable care. The secretary may order it removed from sale, treated, or destroyed.
Source: SL 1985, ch 313, §18; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-19 - Finding of pest infestation--Notice--Orders to prevent spread and to treat or destroy plant material--Notice of orders--Violation as misdemeanor.

38-24B-19. Finding of pest infestation--Notice--Orders to prevent spread and to treat or destroy plant material--Notice of orders--Violation as misdemeanor.
If the Department of Agriculture and Natural Resources finds on examination any nursery, nursery stock, orchard, small-fruit plantation, park, cemetery, or any private or public premises infested with pests, he shall notify in writing the owner or person having charge of such premises, to that effect. The department may prohibit and prevent the removal, shipment, or transportation of plant material and any other material from any private or public property for such periods and under such conditions as necessary in order to prevent the further spread of the infestation or infection. During the existence of such order no person may remove or ship any such material, except by special permission or direction of the secretary. The owner or person having charge of the premises shall within reasonable time after such notice treat them as the secretary of agriculture and natural resources directs or cause the removal and destruction of such plant material, if incapable of successful treatment. The secretary may also order treatment of any fields, premises, building, packing materials, or vehicles used in transporting infected material. Any notice or order issued by the secretary shall be delivered by personal service to the owner or person having charge of the premises or by certified mail to the last known address of the owner. A violation of this section is a Class 1 misdemeanor.
Source: SL 1985, ch 313, §19; SL 1986, ch 335, §7; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-20 - Treatment or destruction by secretary on failure of owner--Strict liability for costs--Assessment, collection, and disposition.

38-24B-20. Treatment or destruction by secretary on failure of owner--Strict liability for costs--Assessment, collection, and disposition.
If the owner or person in charge of any premises refuses or neglects to comply with the orders of the secretary of agriculture and natural resources, within a reasonable period of time and after receiving a written notice, the secretary may proceed to treat or destroy the infested or infected plants or plant material, fields, premises, buildings, packing materials, or vehicles used in transporting such material. The owner or person in charge is strictly liable to the secretary for the actual and necessary expense associated therewith. That liability may be assessed against the premises and collected as taxes are collected. The department shall keep an accurate account in itemized form and certify it to the county auditor of the county where the land is situated. The county auditor shall place that amount upon the next tax list to be prepared in the county, in a separate column to be headed "For the destruction of diseased plants." The county treasurer shall remit all moneys collected under this chapter to the state treasurer who shall deposit it in the general fund. The amount certified shall be collected as other taxes are collected and is subject to all the penalties provided for the nonpayment of taxes, and the entry of such expense upon the tax list is presumptive evidence of the liability of the land to the tax.
Source: SL 1985, ch 313, §20; SL 1986, ch 335, §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 24B - Nursery Stock And Plant Pest Control › Section 38-24B-21 - Damages for loss of infested or defective stock prohibited.

38-24B-21. Damages for loss of infested or defective stock prohibited.
No damages may be awarded to the owner for the loss of any infested or infected, nonviable, damaged or desiccated nursery stock, decorative plant, annual plant, sod, or related plant products under this chapter.
Source:
SL 1985, ch 313, §21.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-22 - Seller to furnish documents showing point of origin of stock--Violation as misdemeanor.

38-24B-22. Seller to furnish documents showing point of origin of stock--Violation as misdemeanor.
Any person selling nursery stock, decorative plants, annual plants, sod, or related plant products in this state shall, if requested, furnish the Department of Agriculture and Natural Resources with copies of his order forms, contracts, invoices, and agreements which would verify the point of origin of such nursery stock, decorative plants, annual plants, sod, or related plant products. A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 313, §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 24B - Nursery Stock And Plant Pest Control › Section 38-24B-23 - Seller of infested stock to furnish names and addresses of buyers--Violation as misdemeanor.

38-24B-23. Seller of infested stock to furnish names and addresses of buyers--Violation as misdemeanor.
Any person offering for sale in this state nursery stock, decorative plant, annual plant, sod, or related plant product that is known to be infested or infected with pests shall furnish the Department of Agriculture and Natural Resources within thirty days of such sale a list of all persons, together with their post office addresses as far as known to him to whom he has sold or delivered such nursery stock, decorative plants, annual plants, sod, or related plant products. A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 313, §23; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-24 - Use of information.

38-24B-24. Use of information.
The information furnished pursuant to §§38-24B-22 and 38-24B-23 is for the sole use of the secretary of agriculture and natural resources in carrying out the provisions of this chapter.
Source: SL 1985, ch 313, §24; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-25 - Agreements for certification of out-of-state and foreign nurserymen.

38-24B-25. Agreements for certification of out-of-state and foreign nurserymen.
The secretary of agriculture and natural resources may enter into an agreement with any agency of another state or with the United States Department of Agriculture and Natural Resources which is responsible for the inspection and certification of nursery stock, decorative plants, annual plants, sod, or related plant products in lieu of individual certification of out-of-state or foreign nurserymen pursuant to §38-24B-9. However, no agreement may prohibit the secretary from revoking the certification of an out-of-state or foreign nurseryman pursuant to the provisions of this chapter.
Source: SL 1985, ch 313, §25; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-26 - Shipments of stock received from foreign country--Notice--Quarantine.

38-24B-26. Shipments of stock received from foreign country--Notice--Quarantine.
Any person receiving, directly or indirectly, any shipment of nursery stock from any foreign country shall notify the Department of Agriculture and Natural Resources of the arrival of such shipment, the contents thereof, and the name of the consignor and shall hold the shipment unopened until inspected or released by the department. The nursery stock may be required to be grown under the provision of a post-entry quarantine agreement as determined by the department. If any infested or infected stock is discovered in the shipment, the shipment is subject to the provisions of this chapter.
Source: SL 1985, ch 313, §26; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-29 - Violation of chapter--Revocation of license--Liability for damages.

38-24B-29. Violation of chapter--Revocation of license--Liability for damages.
If a nurseryman violates the provisions of this chapter, the nurseryman's license may be cancelled or revoked pursuant to chapter 1-26. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter.
Source:
SL 1985, ch 313, §29; SL 2016, ch 202, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 24B - Nursery Stock And Plant Pest Control › Section 38-24B-30 - Nursery fund established--Purpose--Appropriations.

38-24B-30. Nursery fund established--Purpose--Appropriations.
Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the nursery 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 nursery program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.
Source:
SL 2001, ch 215, §30.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-1 - Definition of terms.

38-27-1. Definition of terms.
Terms used in this chapter mean:
(1)"Council," the South Dakota Oilseeds Council;
(2)"First purchaser," any person who initially places sunflowers, safflowers, canola, or flax, whether as an owner, agent, or otherwise, into the channels of trade and commerce, or who is engaged in the processing of sunflowers, safflowers, canola, or flax into any form;
(3)"Grower," any person who plants, raises, and harvests sunflowers, safflowers, canola, or flax from more than ten acres;
(4)"Hundredweight," a one hundred pound unit or a combination of packages making a one hundred pound unit or any one hundred pound shipment of sunflowers, safflowers, or canola based on invoices or bills of lading records;
(5)"Oilseeds," any variety of sunflowers, safflowers, canola (rapeseed), or flax marketed or harvested within the state;
(6)"Participating grower," a grower who has not requested a refund from the payment of assessments on sunflower, safflower, canola, or flax production under this chapter in the last three calendar years, including the current calendar year;
(7)"Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources.
Source: SL 1980, ch 273, §2; SL 1985, ch 314, §1; SL 1989, ch 346, §1; SL 2010, 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 27 - Oilseeds Council And Assessments › Section 38-27-2 - Oilseeds council established--Composition.

38-27-2. Oilseeds council established--Composition.
There is hereby established a South Dakota Oilseeds Council. The council is composed of seven members who shall be participating growers of oilseeds. One member shall be a participating grower of safflowers, canola, or flax. All members shall be appointed by the secretary of agriculture and natural resources. One member shall reside west of the Missouri River. The secretary of agriculture and natural resources is an ex officio, nonvoting member.
Source: SL 1980, ch 273, §3; SL 1982, ch 17, §30; SL 1989, ch 346, §2; SL 2010, ch 201, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.