reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-50 - Nutrient Research and Education Council created--Membership.

38-19-50. Nutrient Research and Education Council created--Membership.
The Nutrient Research and Education Council is hereby established. The council shall consist of nine voting members, including three representing the fertilizer industry, two representing grower organizations, one representing the state's largest commodity organization, one representing the specialty fertilizer industry, one representing the certified agronomy association, and one farmer member of the State Conservation Commission. The council shall also include five nonvoting members: two representing environmental organizations, one representing the director of the South Dakota Agricultural Experiment Station, and two representing the secretary of the Department of Agriculture and Natural Resources. The certified agronomy association and any association or organization representing the fertilizer industry, growers, and the environment may submit nominations to the secretary of agriculture and natural resources for their respective members. The secretary shall select from these nominations the members of the council. Members of the council may receive no compensation, but members may be reimbursed for travel and subsistence expense in accordance with rules promulgated by the State Board of Finance. The council shall meet at least twice each year. The council shall be provided with staff assistance from the South Dakota Agricultural Experiment Station. The council retains the respective quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions as defined in §1-32-1 otherwise vested in the council. The council shall exercise those functions independently of the South Dakota Agricultural Experiment Station.
Source:
SL 2016, ch 201, §5; SL 2018, ch 242, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 67, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19 - Commercial Fertilizer › Section 38-19-51 - Duties of Nutrient Research and Education Council.

38-19-51. Duties of Nutrient Research and Education Council.
The Nutrient Research and Education Council established in §38-19-50, acting in cooperation and conjunction with the South Dakota Agricultural Experiment Station, shall:
(1)Prioritize nutrient research, water quality research, and education proposals and solicit research proposals to generate findings and make recommendations to the council based on the findings;
(2)Evaluate the proposed budget for each research project and make recommendations as necessary;
(3)Arrange for peer review of all research proposals for scientific merit and methods;
(4)Disseminate the findings of all research projects to the appropriate agricultural sector in the manner deemed most effective; and
(5)Cooperate with other programs with similar goals, if practicable.
The council shall publish an annual financial and activities report, including the amount of funds collected and expenditures for nutrient programs.
Source:
SL 2016, ch 201, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-2 - Distribution of adulterated soil amendments prohibited--Adulteration defined.

38-19A-2. Distribution of adulterated soil amendments prohibited--Adulteration defined.
No person shall distribute an adulterated soil amendment. A soil amendment shall be deemed to be adulterated if it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with directions for use on the label or if it contains unwanted crop or weed seed.
Source:
SL 1976, ch 244, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-3 - Distribution of misbranded soil amendments prohibited--Misbranding defined.

38-19A-3. Distribution of misbranded soil amendments prohibited--Misbranding defined.
No person shall distribute any misbranded soil amendment. A soil amendment shall be deemed misbranded if its labeling is false or misleading in any particular, or if it is not labeled as required pursuant to the provisions of this chapter and regulations promulgated pursuant to this chapter, or if it does not conform to ingredient form, minimums and investigational allowances in the regulations adopted by the secretary of agriculture and natural resources.
Source: SL 1976, ch 244, §13; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-4 - Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted.

38-19A-4. Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted.
Each separately identified soil conditioner product shall be registered before being distributed in this state. The application for registration shall be submitted to the secretary of agriculture and natural resources on the form furnished or approved by the secretary and shall be accompanied by a fee of twenty-five dollars per product. Upon approval by the secretary, a copy of the registration shall be furnished to the applicant. Each registration shall expire on December thirty-first of the year following the date of issuance. Each registrant shall submit to the secretary a copy of labels and advertising literature with the registration request for each soil amendment.
Source: SL 1976, ch 244, §7; SL 2001, ch 215, §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 19A - Soil Amendments › Section 38-19A-5 - Duplicate registration not required if labels do not differ.

38-19A-5. Duplicate registration not required if labels do not differ.
No distributor shall be required to register any brand of soil amendment which shall have already been registered under this chapter by another person; provided, however, that the label does not differ in any respect.
Source:
SL 1976, ch 244, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-6 - Minimum ingredients required for registration of soil amendments.

38-19A-6. Minimum ingredients required for registration of soil amendments.
The secretary of agriculture and natural resources may establish rules pursuant to chapter 1-26 to set the minimum amount of any soil amending ingredient that shall be present before a soil amendment can be registered and sold.
Source: SL 1976, ch 244, §9; SL 1986, ch 326, §35; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-7 - Label required--Contents.

38-19A-7. Label required--Contents.
A label, in a readable and conspicuous form, shall appear on the face or display side of any soil amendment and shall consist of:
(1)Net weight;
(2)Brand name;
(3)Analysis, including any soil amending ingredient and other ingredients and the percentage of each. In lieu of a guarantee expressed as a percentage, a product that claims the presence of a microbe or microbes shall guarantee the microbe or microbes as follows:
(a)Minimum number of each claimed viable organism at the genus and species level in colony forming units (CFU), spores, or propagules per gram or milliliter (cm3);
(b)Expiration date; and
(c)Storage and handling instructions;
(4)Purpose of the product;
(5)Directions for application; and
(6)Name and address of the registrant.
The secretary of agriculture and natural resources may establish rules, pursuant to chapter 1-26, to allow labeling by volume rather than weight pursuant to subdivision (1) of this section.
Source: SL 1976, ch 244, §§2, 6; SL 1986, ch 326, §36; SL 2015, ch 203, §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 19A - Soil Amendments › Section 38-19A-8 - False or misleading statements, labeling, advertising, or oral claims prohibited.

38-19A-8. False or misleading statements, labeling, advertising, or oral claims prohibited.
No information or statement shall appear on any package, label, delivery slip, or advertising matter nor shall any oral claim be made which is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the soil amendment.
Source:
SL 1976, ch 244, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-9 - Proof required of claims or usefulness and value--Evidence of proof.

38-19A-9. Proof required of claims or usefulness and value--Evidence of proof.
The secretary of agriculture and natural resources may require proof of claims made for any soil amendment. If no claim is made, he may, nevertheless, require proof of usefulness and value as a soil amendment. For evidence of proof the secretary may rely on experimental data, evaluations, or advice supplied from the agricultural experiment station. The experimental results shall be applicable to such regional conditions as to which the product is intended. The secretary may accept other sources of proof as additional evidence in evaluating soil amendments.
Source: SL 1976, ch 244, §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 19A - Soil Amendments › Section 38-19A-10 - Approval required for listing or guaranteeing of ingredients on labels--Supportive data--Inspection and analysis--Quantities of ingredients required.

38-19A-10. Approval required for listing or guaranteeing of ingredients on labels--Supportive data--Inspection and analysis--Quantities of ingredients required.
No soil amending ingredient may be listed or guaranteed on the labels or labeling of any soil amendment without the approval of the secretary of agriculture and natural resources. The secretary may allow any soil amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the secretary to substantiate the value and usefulness of the soil amending ingredients. The secretary may rely on the agricultural experiment station for assistance in evaluating the data submitted. If any soil amending ingredient is permitted to be listed or guaranteed, it shall be determinable by laboratory methods and shall be subject to inspection and analysis of the soil amending ingredient. The secretary may stipulate by rules established pursuant to chapter 1-26 the quantities of the soil amending ingredients required in soil amendments.
Source: SL 1976, ch 244, §5; SL 1986, ch 326, §37; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-11 - Annual tonnage statement--Inspection fees.

38-19A-11. Annual tonnage statement--Inspection fees.
Every distributor shall file with the secretary, on forms furnished by the secretary of agriculture and natural resources, an annual statement for the period ending December thirty-first of each year setting forth the number of net tons of each soil amendment distributed in the state during that period. The report shall be due within thirty-one days following each annual reporting period. If the report is not filed and the payment of the inspection fee is not made within the time period specified, a collection fee amounting to ten percent of the amount shall be assessed against the registrant. However, the minimum collection fee is ten dollars. The secretary may examine such records to verify statements of tonnage. The statement shall be accompanied by payment of an inspection fee of twenty cents per ton for all soil amendments distributed in this state. The secretary may allow payment of inspection fees on a calculated equivalent of volume to tons.
Source: SL 1976, ch 244, §§6, 10; SL 2001, ch 215, §19; SL 2015, ch 203, §19; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-12 - Failure to file, false filing, or failure to pay inspection fee as grounds for registration revocation.

38-19A-12. Failure to file, false filing, or failure to pay inspection fee as grounds for registration revocation.
If the report is not filed or is filed falsely or the inspection fee is not paid within thirty days following each semiannual reporting period, the secretary of agriculture and natural resources may revoke the registration.
Source: SL 1976, ch 244, §11; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-13 - Inspection and analysis of soil amendments by secretary--Entry upon premises or carriers.

38-19A-13. Inspection and analysis of soil amendments by secretary--Entry upon premises or carriers.
The secretary of agriculture and natural resources shall sample, inspect, make analyses of, and test soil amendments distributed within the state at any time and place and to such an extent as he may deem necessary to determine whether such soil amendments are in compliance with the provisions of this chapter. The secretary may enter upon any public or private premises or carriers during regular business hours in order to have access to soil amendments subject to the provisions of this chapter and the rules and regulations pertaining thereto and to the records relating to their distribution.
Source: SL 1976, ch 244, §12; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-14 - Refusal of registration if soil amendment violates chapter or rules--Cancellation for fraud or deceptive practices--Hearing before revocation.

38-19A-14. Refusal of registration if soil amendment violates chapter or rules--Cancellation for fraud or deceptive practices--Hearing before revocation.
The secretary of agriculture and natural resources may refuse registration of any brand of soil amendment if he shall find the brand of soil amendment violates any section of this chapter or the rules and regulations promulgated pursuant to this chapter. The secretary may cancel the registration of any brand of soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices to evade the provisions of this chapter, or any rules or regulations promulgated thereunder. However, no registration shall be revoked until the registrant shall have been given the opportunity to appear for a hearing.
Source: SL 1976, ch 244, §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 19A - Soil Amendments › Section 38-19A-15 - Rules and regulations.

38-19A-15. Rules and regulations.
The secretary of agriculture and natural resources may, pursuant to chapter 1-26, adopt rules concerning:
(1)The establishment of minimum amounts of soil amending ingredients that shall be present before a soil amendment can be registered and sold;
(2)The allowance of labeling by volume rather than weight; and
(3)Labeling, inspection, sampling, analysis, and distribution of soil amendment products.
Source: SL 1976, ch 244, §18; SL 1986, ch 326, §38; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-16 - Violation of chapter as misdemeanor.

38-19A-16. Violation of chapter as misdemeanor.
Any person violating any provisions of this chapter is guilty of a Class 2 misdemeanor.
Source:
SL 1976, ch 244, §17; SL 1977, ch 190, §326.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-17 - Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses.

38-19A-17. Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses.
The secretary of agriculture and natural resources may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of soil amendment and to hold at a designated place when the secretary finds such soil amendment is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and such soil amendment is released in writing by the secretary, or such violation has been otherwise legally disposed of by written authority. The secretary shall release the soil amendment so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Source: SL 1976, ch 244, §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 19A - Soil Amendments › Section 38-19A-18 - Deposit of fees.

38-19A-18. Deposit of fees.
Fees collected under this chapter shall be deposited in the fertilizer fund established pursuant to §38-19-14.
Source:
SL 1993, ch 304, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 19A - Soil Amendments › Section 38-19A-19 - Analyses of lime or lime sludge compost provided by distributor.

38-19A-19. Analyses of lime or lime sludge compost provided by distributor.
Any distributor of lime or lime sludge, compost as defined in §38-19-1, or sewage sludge, as defined in §38-19-1, shall make available, upon request, the analyses of any product to the Department of Agriculture and Natural Resources and the end user of the product.
Source: SL 1995, ch 324, §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 20 - Pest Control Activities › Section 38-20-1 - Acceptance of federal acts--Suppression or control of predator and unprotected birds and animals--Secretary of agriculture and natural resources as state agency--Cooperation with Bureau of Sport Fisheries and Wildlife.

38-20-1. Acceptance of federal acts--Suppression or control of predator and unprotected birds and animals--Secretary of agriculture and natural resources as state agency--Cooperation with Bureau of Sport Fisheries and Wildlife.
The State of South Dakota hereby accepts the benefits of the provisions of that part of section 426, title 7, U.S.C., providing for cooperation of the United States through its Fish and Wildlife Service of the United States Department of the Interior, with the various states, individuals, public and private agencies, organizations and institutions, for the suppression and control of unprotected birds and nongame animals which are injurious to agriculture, horticulture and forestry. This state's cooperative program will also include repelling and suppression of unprotected birds and nongame animals that are injurious to stored or growing food products and to the public health. The secretary of agriculture and natural resources of this state is hereby designated as the state agency for this state, for the purpose of administering the provisions of §§38-20-1 and 38-20-2, and the said secretary is authorized to cooperate with the Bureau of Sport Fisheries and Wildlife of the United States Department of the Interior in the furtherance of such unprotected birds and nongame animal damage control activities.
Source: SL 1941, ch 6, §1; SDC Supp 1960, §4.0107; SL 1971, ch 223, §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 20 - Pest Control Activities › Section 38-20-2 - Rodent control agreements with Fish and Wildlife Service--Employment of assistance--Purchase of supplies and equipment.

38-20-2. Rodent control agreements with Fish and Wildlife Service--Employment of assistance--Purchase of supplies and equipment.
The secretary of agriculture and natural resources is authorized to make and enter into such cooperative agreements with the proper authorities of the United States Fish and Wildlife Service to accomplish the purposes of §§38-20-1 and 38-20-2, and he is hereby authorized, in cooperation with the said Fish and Wildlife Service to employ such assistance and purchase such supplies and equipment as he may deem necessary to carry out the purposes of said sections. Any supplies and equipment so purchased shall be exempt from the provisions of the law relating to the purchasing and printing functions of the Bureau of Administration of this state.
Source: SL 1941, ch 6, §2; SDC Supp 1960, §4.0108; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20 - Pest Control Activities › Section 38-20-32 - Acceptance of contributions for grasshopper control--Agreement with federal government.

38-20-32. Acceptance of contributions for grasshopper control--Agreement with federal government.
The secretary of agriculture and natural resources is hereby authorized to accept and receive donations and contributions of money from any source for the purpose of establishing a fund to be matched with available federal funds and to be used for the purpose of grasshopper eradication and controlling grasshopper infestation and for the purpose may enter into all necessary agreements with the United States of America on behalf of the State of South Dakota.
Source: SL 1951, ch 3, §1; SDC Supp 1960, §4.0104-1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20 - Pest Control Activities › Section 38-20-33 - Deposit of contributions in grasshopper control fund--Use of fund.

38-20-33. Deposit of contributions in grasshopper control fund--Use of fund.
Funds received under §38-20-32 together with the available federal funds shall by the secretary of agriculture and natural resources be deposited with the state treasurer in the fund to be designated as grasshopper control fund, and which fund shall be paid out on warrants of the state auditor on vouchers duly approved by the secretary.
Source: SL 1951, ch 3, §2; SDC Supp 1960, §4.0104-1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20 - Pest Control Activities › Section 38-20-34 - Grasshoppers--Control and destruction--Agreements by department.

38-20-34. Grasshoppers--Control and destruction--Agreements by department.
The Department of Agriculture and Natural Resources is authorized to enter into agreements with the United States Department of Agriculture, other state and federal agencies, and with local grasshopper control committees to promote the control and destruction of grasshoppers. The department is also authorized to enter into a cost-sharing program with these agencies and committees if funds are made available pursuant to chapter 4-8A or other funds available to the Department of Agriculture and Natural Resources. The state share may not exceed one-third of the costs of these programs.
Source:
SL 1979, ch 265, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20 - Pest Control Activities › Section 38-20-35 - Major grasshopper infestation and emergency--Declaration by Governor--Availability of funds.

38-20-35. Major grasshopper infestation and emergency--Declaration by Governor--Availability of funds.
The Governor may declare a major grasshopper infestation and an emergency from major infestation in areas where landowners and lessees have formed a grasshopper control committee and have entered into an agreement with the State Department of Agriculture and Natural Resources. Upon the declaration of emergency, funds from the general contingency fund, as created by chapter 4-8A, may be made available, pursuant to approval granted by chapter 4-8A or other funds available to the Department of Agriculture and Natural Resources, for grasshopper control.
Source: SL 1979, ch 265, §§1, 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 20A - Pesticides › Section 38-20A-3 - Declaration as pest--Public hearing.

38-20A-3. Declaration as pest--Public hearing.
The secretary is authorized, after holding a public hearing, to declare as a pest any form of plant or animal life or virus which is injurious to any plant, person, domestic animal, or substance.
Source:
SL 1947, ch 99, §6; SDC Supp 1960, §22.12A06 (1) (a); SDCL, §39-19-3; SL 1985, ch 15, §51; SL 2020, ch 173, § 3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-4 - Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation.

38-20A-4. Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation.
Before any person whose name or brand name appears on a pesticide may distribute, sell, or offer for sale or distribution in this state any pesticide, the person shall file with the secretary a registration of the pesticide. Each registration shall include the following:
(1)The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;
(2)The name of the pesticide;
(3)One complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for the pesticide, including directions for use;
(4)If requested by the secretary, efficacy, toxicity, residue, and any other data necessary to determine if the pesticide will perform its intended function without unreasonable adverse effects on the environment;
(5)The classification or lack of classification and general use or restricted use of the pesticide; and
(6)An annual registration fee of one hundred sixty-five dollars.
Each registration is valid for one year and expires on June thirtieth. The registration may not be transferred. A fee equal to fifty percent of the registration fee shall be applied to any late renewal. Each pesticide registration fee is nonrefundable.
If a pesticide is no longer available for use due to a cancellation or suspension order of the United States Environmental Protection Agency, it is not subject to registration requirements. If the holder of a pesticide registration cancels the registration, the pesticide shall be discontinued within two years. During the discontinuance period, the annual registration fee shall be paid.
Source:
SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (1); SDCL §39-19-4; SL 1983, ch 281, §2; SL 1998, ch 247, §1; SL 2008, ch 208, §1, eff. Mar. 13, 2008; SL 2018, ch 243, §1; SL 2020, ch 175, § 1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-6 - Interplant shipments--Exception from registration.

38-20A-6. Interplant shipments--Exception from registration.
Notwithstanding any other provision of this chapter, registration is not required if a pesticide is shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person, and the pesticide is not sold or offered for sale in this state.
Source:
SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (5); SDCL, §39-19-6; SL 2020, ch 173, § 4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-8 - Registration--Requirements--Submission contents.

38-20A-8. Registration--Requirements--Submission contents.
The registrant shall submit to the secretary the complete formula of any pesticide, including the formula's active ingredients. The secretary may also require the registrant to submit the inert ingredients upon request.
Source:
SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (3); SDCL, §39-19-8; SL 1983, ch 281, §5; SL 2020, ch 173, § 5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-10 - Registration of pesticide by secretary.

38-20A-10. Registration of pesticide by secretary.
If it appears to the secretary that the composition of the pesticide warrants the proposed claims for it, and if the pesticide, labeling, and other material required to be submitted meet the requirements in §§38-20A-16 to 38-20A-29, inclusive, the secretary shall register the pesticide.
Source:
SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (2), (3); SDCL, §39-19-10; SL 1998, ch 247, §6; SL 2020, ch 173, § 6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-11 - Registration not a defense.

38-20A-11. Registration not a defense.
In no event may registration of a pesticide be construed as a defense for the commission of any offense prohibited under the provisions of §§38-20A-26 to 38-20A-29, inclusive.
Source:
SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (4); SDCL, §39-19-11; SL 1983, ch 281, §6; SL 2020, ch 173, § 7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-12 - Notice to registrant--Failure to comply--Refusal of registration--Hearing.

38-20A-12. Notice to registrant--Failure to comply--Refusal of registration--Hearing.
If it does not appear to the secretary that the pesticide warrants the proposed claims for it or if the pesticide labeling and other material required to be submitted do not comply with the provisions of this chapter or the rules promulgated thereunder, the secretary shall notify the registrant of the reasons the pesticide, labeling, or other material fails to comply with the provisions of this chapter to provide the registrant an opportunity to make the necessary corrections. If, upon receipt of the notice, the registrant does not make the necessary corrections, the secretary may refuse to register the pesticide. If the secretary refuses to register the pesticide, the registrant may request a hearing under the provisions of chapter 1-26.
Source:
SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (4); SDCL, §39-19-12; SL 1983, ch 281, §7; SL 2020, ch 173, § 8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-13 - Cancellation of registration--Hearing.

38-20A-13. Cancellation of registration--Hearing.
If the secretary determines that a registered pesticide or its labeling does not comply with the provisions of this chapter or rules promulgated under this chapter, the secretary may cancel the registration of that pesticide, subject to a hearing under the provisions of chapter 1-26.
Source:
SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (4); SDCL, §39-19-13; SL 1983, ch 281, §8; SL 2020, ch 173, § 9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-15 - Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions.

38-20A-15. Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions.
It is a Class 1 misdemeanor for any person to use for the person's own advantage, or to reveal any information relative to formulas of products acquired in accordance with §§38-20A-4 to 38-20A-13, inclusive. Notwithstanding the provisions of §38-20A-48, it is a Class 2 misdemeanor for any person to use or reveal information relative to formulas of products acquired in accordance with §§38-20A-4 to 38-20A-13, inclusive, with the intent to defraud.
This section does not apply to information revealed to the secretary, or to any official or employee of this state, or to the courts of this state in response to a subpoena, or, in an emergency, to physicians, pharmacists, and other qualified persons for use in the preparation of antidotes.
Source:
SL 1947, ch 99, §§4, 9; SDC Supp 1960, §§22.12A04 (2) (b), 22.9931; SDCL, §39-19-15; SL 1977, ch 190, §416; SL 1992, ch 158, §100; SL 2020, ch 174, § 1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-16 - Adulterated pesticides.

38-20A-16.  Adulterated pesticides.
A pesticide is adulterated if its strength or purity does not meet the professed standard or quality, as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable ingredient of the pesticide has been wholly or in part abstracted.
Source:
SL 1943, ch 88, §3; SL 1947, ch 99, §3; SDC Supp 1960, §22.12A03 (1); SDCL, §39-19-16; SL 1983, ch 281, §10; SL 2020, ch 173, § 10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-17.1 - Misbranded pesticides.

38-20A-17.1. Misbranded pesticides.
A pesticide is misbranded if:
(1)The label bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading;
(2)It is an imitation of or is offered for sale under the name of another pesticide;
(3)The label bears any reference to registration under the provisions of this chapter;
(4)The label does not contain necessary instructions for use which are adequate, if complied with, for the protection of the public;
(5)The label does not bear a necessary warning or caution statement which is adequate, if complied with, to prevent injury to living persons or other vertebrate animals;
(6)The label does not bear an ingredient statement on the immediate container and on the outside container or wrapper, if one exists through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;
(7)The label fails to clearly and plainly show the name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured; the name, brand, or trademark under which the pesticide is registered and sold; and the net weight or measure of the contents of the container, subject, however, to any reasonable variations as the secretary of agriculture and natural resources may permit by regulation;
(8)Any word, statement, or other information required by the provisions of this chapter that appears on the labeling is not prominently placed on the labeling in a conspicuous manner, when compared with other words, statements, designs, or graphic material on the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(9)The pesticide is injurious to living persons or other vertebrate animals, or to vegetation, except weeds or pests, to which it is applied, or to the person applying the pesticide, when used as directed or in accordance with commonly recognized practices.
Source: SL 1983, ch 281, §19; SL 2020, ch 173, § 11; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-18.1 - Misbranded device.

38-20A-18.1. Misbranded device.
A device is misbranded if its labeling bears any statement, design, or graphic representation relative to the device which is false or misleading.
Source:
SL 1983, ch 281, §20; SL 2020, ch 173, § 12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-26 - Sale or distribution of adulterated or misbranded article prohibited.

38-20A-26. Sale or distribution of adulterated or misbranded article prohibited.
No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is adulterated or misbranded, or any device which is misbranded.
Source:
SL 1947, ch 99, §4; SDC Supp 1960, §22.12A04 (1) (e); SDCL, §39-19-26; SL 1977, ch 190, §417; SL 1983, ch 281, §22.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-27 - Unregistered pesticides--Prohibitions--Change in labeling or formula.

38-20A-27. Unregistered pesticides--Prohibitions--Change in labeling or formula.
No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is not registered under the provisions of §§38-20A-4 to 38-20A-13, inclusive; or any pesticide if any of the claims made or any of the directions for the pesticide's use differ in substance from the representations made in connection with its registration; or any pesticide if the composition of the pesticide differs from the composition represented in its registration. The secretary may allow a change in the labeling or formula of a pesticide within a registration period without requiring reregistration of the pesticide.
Source:
SL 1947, ch 99, §§4, 9; SDC Supp 1960, §§22.12A04 (1) (a), 22.9929; SDCL, §39-19-27; SL 1977, ch 190, §418; SL 1983, ch 281, §23; SL 2020, ch 173, § 14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-28 - Authorized container--Requirements--Prohibitions.

38-20A-28. Authorized container--Requirements--Prohibitions.
No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper if one exists through which the ingredient statement on the immediate container cannot be clearly read, a label bearing clearly and plainly the information required in this chapter.
Source:
SL 1947, ch 99, §4; SDC Supp 1960, §22.12A04 (1) (b); SDCL, §39-19-28; SL 1977, ch 190, §419; SL 1983, ch 281, §24; SL 2020, ch 173, § 15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-29 - Label required--Contents of label.

38-20A-29. Label required--Contents of label.
No person may distribute, sell, or offer for sale within this state any pesticide which contains any substance in quantities highly toxic to persons, unless, in addition to any other information required by this chapter, the label bears the following:
(1)A skull and crossbones and the word "poison," both prominently printed in red figure and letters not less than one-fourth inch high on a background of distinctly contrasting color; and
(2)A statement of an antidote for the pesticide.
Source:
SL 1947, ch 99, §§4, 6; SDC Supp 1960, §§22.12A04 (1) (c), 22.12A06 (1) (b); SDCL, §39-19-29; SL 1977, ch 190, §420; SL 1983, ch 281, §25; SL 2020, ch 173, § 16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-31 - Exemption for carriers--Access to records.

38-20A-31. Exemption for carriers--Access to records.
The provisions of §§38-20A-26 to 38-20A-29, inclusive, do not apply to a carrier while lawfully engaged in transporting a pesticide within this state if the carrier, upon request, permits the secretary to copy all records showing transactions in and movement of the pesticides.
Source:
SL 1947, ch 99, §8; SDC Supp 1960, §22.12A08 (1) (a); SDCL, §39-19-31; SL 1983, ch 281, §27; SL 2020, ch 173, § 17.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-32 - State and federal officials exempt from penalties.

38-20A-32. State and federal officials exempt from penalties.
The provisions of §§38-20A-26 to 38-20A-29, inclusive, do not apply to public officials of this state or the federal government when engaged in the performance of official duties.
Source:
SL 1947, ch 99, §8; SDC Supp 1960, §22.12A08 (1) (b); SDCL, §39-19-32; SL 1983, ch 281, §28; SL 2020, ch 173, § 18.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-34 - Alteration or destruction of label as petty offense--Changing composition of substance.

38-20A-34. Alteration or destruction of label as petty offense--Changing composition of substance.
It is a petty offense for any person to detach, alter, deface, or destroy, in whole or in part, any label provided for in this chapter or rules promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that does not comply with any of the provisions of this chapter.
Source:
SL 1947, ch 99, §4; SDC Supp 1960, §22.12A04 (2) (a); SDCL, §39-19-34; SL 1977, ch 190, §422; SL 2020, ch 173, § 19.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-35 - Exemption of pesticide packed for export--Provisions applicable if not exported.

38-20A-35. Exemption of pesticide packed for export--Provisions applicable if not exported.
No pesticide is in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of the chapter apply.
Source:
SL 1947, ch 99, §8; SDC Supp 1960, §22.12A08 (2); SDCL, §39-19-35; SL 2020, ch 173, § 20.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-36 - Promulgation of rules.

38-20A-36. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, providing for registration, sampling, analysis, inspection, storage, handling, and labeling of pesticides, bulk pesticides, or devices. The secretary may also promulgate rules, pursuant to chapter 1-26, applicable to and in conformity with the primary standards established by this chapter that have been or may be prescribed by the United States Department of Agriculture, United States Environmental Protection Agency, or other federal agency with respect to pesticides.
Source:
SL 1947, ch 99, §6; SL 1949, ch 86; SDC Supp 1960, §22.12A06 (2); SDCL, §39-19-36; SL 1983, ch 281, §30; SL 1986, ch 27, §45; SL 1986, ch 326, §39; SL 2020, ch 173, § 21.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-37 - Cooperation with other state and federal agencies.

38-20A-37. Cooperation with other state and federal agencies.
The secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States Department of Agriculture, the United States Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulations.
Source:
SL 1947, ch 99, §12; SDC Supp 1960, §22.12A11; SDCL, §39-19-37; SL 2020, ch 173, § 22.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-39 - Inspection and sampling--Access to premises and records--Identification and examination of samples.

38-20A-39. Inspection and sampling--Access to premises and records--Identification and examination of samples.
The secretary may inspect and sample pesticides and devices kept or offered for sale, sold, or distributed within this state at the time and place and to the extent necessary to confirm compliance with the provisions of this chapter. The secretary has all the rights of visitation, inspection, sampling, and access to places, property, containers, and records as necessary to enforce the provisions of this chapter. All samples collected shall be sealed and properly identified in the presence of the dealer or person from whom taken and shall be promptly examined.
Source:
SL 1949, ch 86; SDC Supp 1960, §22.12A06 (2); SDCL, §39-19-39; SL 1983, ch 281, §32; SL 2020, ch 173, § 24.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-41 - Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.

38-20A-41. Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.
If the secretary has reasonable cause to believe a pesticide or a device is being distributed, sold, or offered for sale within this state in a manner inconsistent with any of the provisions of this chapter, or of any of the rules adopted under this chapter, the secretary may issue and serve a written "stop-sale" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available for service of the order, the order may be attached to the pesticide or device and the secretary shall notify the owner or custodian and the registrant. The pesticide or device may not be sold or used, and the stop-sale order may not be removed until the pesticide or device meets the provisions of this chapter and is released by written order under conditions specified by the secretary or the violation is otherwise rectified as provided in this chapter.
Source:
SL 1977, ch 318; SL 1983, ch 281, §34; SL 2020, ch 173, § 25.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-46 - Stop-sale--Payment of costs.

38-20A-46. Stop-sale--Payment of costs.
Upon payment to the department of all costs incurred by the department to implement the stop-sale and sufficient assurance that a pesticide or device subject to a "stop-sale" order pursuant to the provisions of §38-20A-41 will not be disposed of unlawfully, the secretary may direct that the pesticide or device be delivered to its owner for relabeling or reprocessing.
Source:
SL 1947, ch 99, §10; SDC Supp 1960, §22.12A09 (2); SDCL, §39-19-45; SL 1983, ch 281, §39; SL 2020, ch 173, § 26.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-47 - Prohibited contracts void--Action on contract prohibited.

38-20A-47. Prohibited contracts void--Action on contract prohibited.
Any contract for the sale of a pesticide or device in violation of the provisions of this chapter is void. No action may be maintained in any court for the purchase price or value of any pesticide or device, the sale of which is prohibited. No person is liable for the price or value of any pesticide or device furnished in violation of any of the provisions of this chapter.
Source:
SL 1917, ch 242, §22; RC 1919, §7803; SDC 1939, §22.0106; SDCL, §39-1-7; SL 1983, ch 281, §40; SL 2020, ch 173, § 28.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 20A - Pesticides › Section 38-20A-48 - 38-20A-48.Violation of chapter--Penalties.

38-20A-48. Violation of chapter--Penalties.
Any person violating any provision of this chapter which is not otherwise classified is guilty of a Class 2 misdemeanor, or may be subject to a civil penalty not to exceed five thousand dollars per violation, or both. A civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.
Source:
SL 1947, ch 99, §9; SDC Supp 1960, §22.9930; SDCL, §39-19-46; SL 1977, ch 190, §423; SL 1983, ch 281, §43; SL 2020, ch 174, § 2.