reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 35 - Firearms, Accessories, And Ammunition › Section 37-35-2 - Firearms, firearm accessories, and ammunition manufactured and retained in state declared exempt from federal regulation.

37-35-2. Firearms, firearm accessories, and ammunition manufactured and retained in state declared exempt from federal regulation.
Any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in South Dakota and that remains within the borders of South Dakota is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce. It is declared by the Legislature that those items have not traveled in interstate commerce. This section applies to any firearm, firearm accessory, and ammunition that is manufactured in South Dakota from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Any generic and insignificant part that has other manufacturing or consumer product application is not a firearm, firearm accessory, or ammunition, and importation of such parts into South Dakota and incorporation into a firearm, a firearm accessory, or ammunition manufactured in South Dakota does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the Legislature that any basic material, such as unmachined steel and unshaped wood, is not a firearm, firearm accessory, or ammunition and is not subject to congressional authority to regulate any firearm, firearm accessory, or ammunition under interstate commerce as if it was actually a firearm, firearm accessory, or ammunition. The authority of Congress to regulate interstate commerce in basic material does not include authority to regulate any firearm, firearm accessory, or ammunition made in South Dakota from such basic material. Any firearm accessory that is imported into South Dakota from another state and that is subject to federal regulation as being in interstate commerce does not subject a firearm to federal regulation under interstate commerce because it is attached to or used in conjunction with a firearm in South Dakota.
Source:
SL 2010, ch 198, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 35 - Firearms, Accessories, And Ammunition › Section 37-35-3 - Application of § 37-35-2.

37-35-3. Application of §37-35-2.
The provisions of §37-35-2 do not apply to:
(1)A firearm that cannot be carried and used by one person;
(2)A firearm that has a bore diameter greater than one and one-half inches and that uses smokeless powder, not black powder, as a propellant;
(3)Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(4)A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
Source:
SL 2010, ch 198, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 35 - Firearms, Accessories, And Ammunition › Section 37-35-4 - Made in South Dakota stamp required.

37-35-4. Made in South Dakota stamp required.
A firearm manufactured or sold in South Dakota pursuant to this chapter shall have the words, Made in South Dakota, clearly stamped on a central metallic part, such as the receiver or frame.
Source:
SL 2010, ch 198, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 35 - Firearms, Accessories, And Ammunition › Section 37-35-5 - Application of chapter.

37-35-5. Application of chapter.
The provisions of this chapter apply to any firearm, firearm accessory, or ammunition that is manufactured and retained in South Dakota after July 1, 2010.
Source:
SL 2010, ch 198, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-1 - Definitions.

37-36-1. Definitions.
Terms used in this chapter mean:
(1)"Demand letter," any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement;
(2)"Target," any person:
(a)Who receives a demand letter or against whom an assertion or allegation of patent infringement is made;
(b)Who is threatened with litigation or against whom a lawsuit is filed alleging patent infringement; or
(c)Whose customer receives a demand letter asserting that the person's product, service, or technology infringes a patent.
Source:
SL 2014, ch 192, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-2 - Bad faith assertion of patent infringement prohibited.

37-36-2. Bad faith assertion of patent infringement prohibited.
No person may make a bad faith assertion of patent infringement as prohibited by the provisions of this chapter.
Source:
SL 2014, ch 192, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-3 - Factors for bad faith assertion of infringement.

37-36-3. Factors for bad faith assertion of infringement.
A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement:
(1)The demand letter does not contain the following information:
(a)The patent number;
(b)The name and address of the patent owner and assignee, if any; or
(c)Factual allegations concerning the specific areas in which the target's product, service, or technology infringe the patent or are covered by the claim in the patent;
(2)Prior to sending the demand letter, the person fails to conduct an analysis comparing the claim in the patent to the target's product, service, or technology, or such an analysis was done but does not identify the specific area in which the product, service, or technology is covered by the claim in the patent;
(3)The demand letter lacks the information described in subdivision (1) of this section, the target requests the information, and the person fails to provide the information within a reasonable period of time;
(4)The demand letter demands payment of a license fee or a response within an unreasonably short period of time;
(5)The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license;
(6)The claim of patent infringement is meritless and the person knew, or should have known, that the claim is meritless;
(7)The claim of patent infringement is deceptive;
(8)The person, a subsidiary, or an affiliate has previously filed or threatened to file a lawsuit based on the same or a similar claim of patent infringement and:
(a)The threat or lawsuit lacked the information described in subdivision (1) of this section; or
(b)The person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless;
(9)Any other factor the court finds relevant.
Source:
SL 2014, ch 192, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-4 - Factors for claim of patent infringement not made in bad faith.

37-36-4. Factors for claim of patent infringement not made in bad faith.
A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:
(1)The demand letter contains all of the information described in subdivision 37-36-3(1);
(2)If the demand letter lacks the information described in subdivision 37-36-3(1) and the target requests the information, the person provides the information within a reasonable period of time;
(3)The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;
(4)The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent;
(5)The person is:
(a)The inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or
(b)An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;
(6)The person has:
(a)Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or
(b)Successfully enforced the patent, or a substantially similar patent, through litigation;
(7)Any other factor the court finds relevant.
Source:
SL 2014, ch 192, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-5 - Bond.

37-36-5. Bond.
Upon motion by a target and a finding by the court that the target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be recovered under this chapter, conditioned upon payment of any amounts finally determined to be due to the target. The court shall hold a hearing to determine the amount of the bond on the request of either party. A bond ordered pursuant to this section may not exceed two hundred fifty thousand dollars. The court may waive the bond requirement if the court finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.
Source:
SL 2014, ch 192, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-6 - Action by attorney general.

37-36-6. Action by attorney general.
The attorney general may bring civil actions, and enter into assurances of discontinuance as provided under chapter 37-24. In an action brought by the attorney general under this chapter the court may award or impose any relief available under chapter 37-24.
Source:
SL 2014, ch 192, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-7 - Action by person aggrieved--Available remedies.

37-36-7. Action by person aggrieved--Available remedies.
A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated pursuant to this chapter, may bring an action in a court of proper jurisdiction. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this section:
(1)Equitable relief;
(2)Damages;
(3)Costs and fees, including reasonable attorney fees; and
(4)Exemplary damages in an amount equal to fifty thousand dollars or three times the total of damages, costs, and fees, whichever is greater.
Source:
SL 2014, ch 192, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-8 - Patent enforcement not a deceptive trade act or practice.

37-36-8. Patent enforcement not a deceptive trade act or practice.
It is not a deceptive trade act or practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the infringement of that patent pursuant to the provisions of Title 35 of the United States Code, or to seek compensation on account of a past or present infringement, or for a license, if it is reasonable to believe that the person from whom compensation is sought may owe such compensation.
Source:
SL 2014, ch 192, §8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 36 - Bad Faith Assertion Of Patent Infringement › Section 37-36-9 - Exempt demand letters.

37-36-9.Exempt demand letters.
This chapter does not apply to any demand letter sent by:
(1)Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation;
(2)Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials;
(3)Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S. C. 1001) as of January 1, 2014; or
(4)Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.
Source:
SL 2014, ch 192, §9.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-1 - Definitions.

37-37-1. Definitions.
Term used in this chapter mean:
(1)"Consumer," the purchaser, other than for purposes of resale, of new farm machinery used for agricultural purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty;
(2)"Express warranty," a written warranty, so labeled, issued by the manufacturer of new farm machinery, including any terms or conditions precedent to the enforcement of obligations under that warranty;
(3)"Farm machinery," any self-propelled equipment or machinery used for agricultural purposes being transferred for the first time from a manufacturer, distributor, or new farm machinery dealer which is offered for sale, barter, or exchange by a dealer who is franchised to sell, barter, or exchange that particular make of new farm machinery. The term includes farm machinery propelled by power other than muscular power but does not include off-road vehicles other than self-propelled equipment and machinery used for agricultural purposes;
(4)"Lemon law rights period," the period ending one year after the date of the original delivery of new farm machinery to a consumer;
(5)"Manufacturer," the person, firm, corporation, or limited liability company engaged in the business of manufacturing, importing, or distributing farm machinery to be made available to a farm machinery dealer for retail sale;
(6)"Nonconforming condition," any condition of new farm machinery that is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and that significantly impairs the use, value, or safety of the farm machinery and occurs or arises solely in the course of the ordinary use of the farm machinery, and that does not arise or occur as a result of abuse, neglect, modification, or alteration of the farm machinery not authorized by the manufacturer, nor from any accident or other damage to the farm machinery that occurs or arises after the farm machinery was delivered by an authorized dealer to the consumer;
(7)"Notice of a nonconforming condition," a written statement delivered to the manufacturer and that describes the farm machinery, the nonconforming condition, and all previous attempts to correct the nonconforming condition by identifying the person who made the attempt and the time the attempt was made.
Source:
SL 2019, ch 178, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-2 - Manufacturer to repair nonconforming condition of new farm machinery upon notice from consumer.

37-37-2. Manufacturer to repair nonconforming condition of new farm machinery upon notice from consumer.
If new farm machinery does not conform to any applicable express warranty and the consumer delivers the farm machinery to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the farm machinery shall make the necessary repairs to the farm machinery to remedy any such nonconforming condition. The repairs are required even after the expiration of the lemon law rights period if notice of the nonconforming condition was first given during the lemon law rights period. However, the manufacturer's obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the farm machinery.
Source:
SL 2019, ch 178, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-3 - Replacement of farm machinery which cannot be repaired--Return of farm machinery and refund.

37-37-3. Replacement of farm machinery which cannot be repaired--Return of farm machinery and refund.
If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the farm machinery to any express warranty by repairing or correcting a nonconforming condition of the farm machinery which first occurred during the lemon law rights period, the manufacturer shall, through its authorized dealer, at the option of the consumer, replace the farm machinery with comparable new farm machinery and shall refund the customer all collateral charges, including any excise tax, or shall accept return of the farm machinery from the consumer and refund to the consumer the following:
(1)The full contract price including charges for dealer preparation, transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;
(2)All collateral charges, including excise tax;
(3)All finance charges incurred by the consumer after the consumer first reported the nonconformity to the manufacturer or its authorized dealer; and
(4)Any incidental damages which shall include the reasonable cost of alternative farm machinery during the period that the consumer is without the use of the farm machinery because of the nonconforming condition.
Source:
SL 2019, ch 178, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-4 - Refund to be made to consumer and any lien holders--Allowance for use.

37-37-4. Refund to be made to consumer and any lien holders--Allowance for use.
Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the farm machinery. A reasonable allowance for use is that amount directly attributable to use by the consumer before the consumer's first report of the nonconformity to the manufacturer or authorized dealer.
Source:
SL 2019, ch 178, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-5 - Presumption of reasonable attempts to correct nonconforming condition.

37-37-5. Presumption of reasonable attempts to correct nonconforming condition.
It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty-four months following delivery of the farm machinery, either of the following events occurred:
(1)The same nonconforming condition was subject to repair attempts four or more times by the manufacturer, or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or
(2)The farm machinery was out of service and in the custody of the manufacturer or an authorized dealer due to repair attempts including the final repair attempt, one of which occurred during the lemon law rights period, for a cumulative total of thirty calendar days, unless the repair could not be performed because of conditions beyond the control of the manufacturer or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.
Source:
SL 2019, ch 178, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-6 - Civil action to enforce chapter--Notice and final opportunity to cure.

37-37-6. Civil action to enforce chapter--Notice and final opportunity to cure.
A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform the manufacturer's obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer shall give notice of a nonconforming condition by certified mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time the notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the farm machinery to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the farm machinery to the express warranty within a period not to exceed fourteen calendar days. If a manufacturer has established an informal dispute settlement procedure conducted within the state which is in compliance with federal rules and regulations, a consumer shall first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.
Source:
SL 2019, ch 178, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-7 - Affirmative defenses to civil action.

37-37-7. Affirmative defenses to civil action.
It is an affirmative defense to any claim against the manufacturer under this chapter that:
(1)An alleged nonconforming condition does not significantly impair the use, market value, or safety of the farm machinery; or
(2)A nonconforming condition is a result of abuse, neglect, or any modification or alteration of farm machinery by a consumer that is not authorized by the manufacturer.
Source:
SL 2019, ch 178, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-9 - Disclosure to subsequent purchaser of return of farm machinery and nature of nonconformity.

37-37-9. Disclosure to subsequent purchaser of return of farm machinery and nature of nonconformity.
If farm machinery has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless the manufacturer discloses in writing to the subsequent purchaser the fact that the farm machinery was returned under the provisions of this chapter and the nature of the nonconformity to the farm machinery warranty.
Source:
SL 2019, ch 178, §9.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-10 - Farm machinery dealer not liable.

37-37-10. Farm machinery dealer not liable.
Nothing in this chapter imposes any liability upon a farm machinery dealer or authorized dealer or creates a cause of action by a consumer against a farm machinery dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a farm machinery dealer or authorized dealer for any costs, including any refunds or farm machinery replacements, incurred by the manufacturer arising out of this chapter.
Source:
SL 2019, ch 178, §10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 37 - Farm Machinery Lemon Law › Section 37-37-11 - Time limitation for action.

37-37-11. Time limitation for action.
Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the farm machinery to the consumer.
Source:
SL 2019, ch 178, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-1 - Department continued--Office--Service of process--Seal.

38-1-1. Department continued--Office--Service of process--Seal.
The Department of Agriculture and Natural Resources of the State of South Dakota is continued with the powers, duties, and jurisdiction enumerated in this code. It shall maintain a central office in Pierre in rooms provided for the purpose, which shall be the official address of the department and the place for serving process or papers of any kind upon it. The department shall have an official seal.
Source: SL 1925, ch 115, ch I, art I, §§9, 10; SDC 1939, §4.0101; SL 2013, ch 191, §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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-1.1 - Department continued--Performance of functions.

38-1-1.1. Department continued--Performance of functions.
The Department of Agriculture and Natural Resources shall continue as such and shall continue to perform its functions as provided in §1-41-4, except for the inspection functions vested in the Department of Public Safety by §§34-39-3.1 and 39-1-1.1 and South Dakota Wildland Fire functions vested in the Department of Public Safety by Executive Reorganization Order 2021-03.
Source:
SL 1973, ch 2, §131; SL 2004, ch 17, §277; SL 2021, ch 1 (Ex. Ord. 21-3), § 64, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-2 - Secretary of agriculture and natural resources as head of department--Appointment.

38-1-2. Secretary of agriculture and natural resources as head of department--Appointment.
The head of the Department of Agriculture and Natural Resources shall be known as the secretary of agriculture and natural resources of the State of South Dakota, and wherever the word "secretary" appears in this title, it shall mean the "secretary of agriculture and natural resources of the State of South Dakota" unless the context indicates otherwise. The secretary shall be appointed by the Governor pursuant to S.D. Const., Art. IV, §9 and to §1-32-3.
Source:
SL 1921, ch 190, §1; SL 1925, ch 115, ch I, art I, §§2, 4; SDC 1939, §4.0102; SL 1943, ch 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 65, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-3 - Oath of secretary.

38-1-3. Oath of secretary.
The secretary of agriculture and natural resources shall qualify by taking and filing the constitutional oath of office with the secretary of state.
Source: SL 1921, ch 190, §1; SL 1925, ch 115, ch I, art I, §6; SL 1933, ch 58; SDC 1939, §4.0102; SL 1943, ch 3; SL 2015, ch 203, §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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-4 - General duties of secretary.

38-1-4. General duties of secretary.
The secretary of agriculture and natural resources, under the general direction and control of the Governor, shall execute the powers and discharge the duties vested by law in the Department of Agriculture and Natural Resources.
Source: SL 1921, ch 190, §1; SL 1925, ch 115, ch I, art I, §§2, 3, 7; SL 1933, ch 59; SDC 1939, §4.0102; SL 1943, ch 3; SL 1951, ch 298; SL 1953, ch 318; SL 1955, ch 224; SL 1957, ch 262; SL 1961, ch 260; SL 1965, ch 260; SL 1967, ch 239, §1; SL 1969, ch 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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-11 - Executive assistants--Oath.

38-1-11. Executive assistants--Oath.
The secretary of agriculture and natural resources shall, with the advice and consent of the Governor, appoint executive assistants as may be authorized by law or as may be necessary to the efficient administration of the duties of the office. Each appointed executive assistant shall qualify by taking and filing the constitutional oath of office with the secretary of state.
Source: SDC 1939, §4.0102; SL 1943, ch 3; SL 2015, ch 203, §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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-12 - Employment of inspectors and other employees.

38-1-12. Employment of inspectors and other employees.
The secretary of agriculture and natural resources may, with the advice and consent of the Governor, employ such inspectors, deputies, clerical assistants, and other necessary employees as shall be necessary for the efficient and economical administration of the department and not inconsistent with the rules and regulations of the Bureau of Human Resources.
Source: SL 1921, ch 190, §1; SL 1925, ch 115, ch III, art II, §3; SDC 1939, §4.0102; SL 1943, ch 3; SL 2012, ch 23, §97; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-13 - Terms of office of executives and employees--Discharge--Salaries.

38-1-13. Terms of office of executives and employees--Discharge--Salaries.
The terms of office or employment of executives, directors, inspectors, and other employees appointed or employed pursuant to §38-1-11 or 38-1-12 shall be as prescribed by the secretary of agriculture and natural resources, and any of them may be discharged at any time without cause upon recommendation of the secretary and the approval of the Governor. Their salaries shall be as prescribed by law or, in the absence of such prescription, then as fixed by the secretary and approved by the Governor and subject to regulations of the Bureau of Human Resources.
Source: SL 1921, ch 190, §1; SL 1925, ch 115, ch III, art II, §3; SDC 1939, §4.0102; SL 1943, ch 3; SL 2012, ch 23, §98; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-14 - Traveling expenses of departmental personnel.

38-1-14. Traveling expenses of departmental personnel.
The officials and employees of the Department of Agriculture and Natural Resources shall be allowed their necessary and actual traveling expenses, board, and lodging incurred in performance of duty when absent from their office.
Source: SL 1907, ch 76, §15; RC 1919, §7937; SL 1925, ch 115, ch III, art II, §2; SDC 1939, §4.0102; SL 1943, ch 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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-15 - Secretary and executives devote entire time to office--Restrictions on holding of other office.

38-1-15. Secretary and executives devote entire time to office--Restrictions on holding of other office.
The secretary of agriculture and natural resources and all executive assistants and directors shall devote their entire time to the duties of the office and shall hold no other office or position of profit under the state government, but any of them may hold and administer any other office to which they may be appointed by the Governor, or head of their department with the consent of the Governor, but without additional compensation.
Source: SL 1925, ch 115, ch I, art I, §5; SL 1931, ch 96, §1; SDC 1939, §4.0102; SL 1943, ch 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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-16 - Promulgation of rules.

38-1-16. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate administrative rules, pursuant to chapter 1-26, concerning the administration of the department; the custody, use, and preservation of records, papers, books, property pertaining to the activities of the department; and fees for permits, inspection, and reinspection relating to any permits issued by the department.
Source: SL 1925, ch 115, ch I, art I, §8; SDC 1939, §4.0103; SL 1986, ch 326, §4; SL 2013, ch 191, §3; SL 2015, ch 203, §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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-18 - Promotion of agricultural interests--Experimental and extension work--Marketing of farm products.

38-1-18. Promotion of agricultural interests--Experimental and extension work--Marketing of farm products.
The Department of Agriculture and Natural Resources shall have power to encourage, protect, and promote, in every practical manner, the interests of agriculture, including horticulture, the livestock industry, dairying, cheese making, poultry, beekeeping, forestry, game and fish, the production of wool and all other allied industries; to promote methods of conducting these several industries, with a view of increasing the production and facilitating the distribution thereof at the least possible cost; cooperate with the South Dakota State University in its experimental and extension work; and to promote and encourage a system of marketing farm products, and cooperate with the federal government in the matter of securing new foreign markets for surplus farm products.
Source: SL 1925, ch 115, ch III, art I, §2; SDC 1939, §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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-18.1 - Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds.

38-1-18.1. Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds.
The secretary of agriculture and natural resources is hereby authorized to accept and receive grants, devises, bequests, donations, or gifts, in the form of money, for the purpose of establishing a fund to be used for the promotion of and provide service in agriculture.
All moneys received by the secretary of agriculture and natural resources under this section shall be deposited with the state treasurer and credited in a fund designated as "the Department of Agriculture and Natural Resources promotion fund." All moneys in said fund are hereby appropriated for the promotion of agriculture and to provide service in agriculture. Said fund shall be paid out on warrants drawn by the state auditor on vouchers approved by the secretary of agriculture and natural resources.
Source: SL 1970, ch 223; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-19 - Collection and publication of agricultural and marketing statistics.

38-1-19. Collection and publication of agricultural and marketing statistics.
The Department of Agriculture and Natural Resources shall have power to collect and publish statistics relating to crop production, marketing and farm economics, the production and marketing of all farm products only so far as such statistical information may be of value to the agricultural and allied interests of the state; and to cooperate with the federal government, the South Dakota State University and agricultural organizations in the matter of collecting such statistical information. Such published statistics shall be the official agricultural statistics of the state.
Source: SL 1925, ch 115, ch III, art I, §2; SDC 1939, §4.0104 (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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-21 - Department as bureau of statistics--Dissemination of information--Cooperation with other agencies.

38-1-21. Department as bureau of statistics--Dissemination of information--Cooperation with other agencies.
The Department of Agriculture and Natural Resources shall also function as a bureau of statistics. It shall have authority to gather and disseminate timely information concerning the supply, demand, prices, and commercial movements of farm products including such as may be held in cold storage. It shall interchange such information with the United States Department of Agriculture and with various farm organizations, both state and local. It shall also cooperate with the secretary of revenue in compiling and distributing a complete list of all crop statistics.
Source:
SL 1925, ch 115, ch III, art IV, §§2, 6; SDC 1939, §4.0203; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-24 - Publication of promotional materials--Exhibits.

38-1-24. Publication of promotional materials--Exhibits.
The secretary of agriculture and natural resources shall prepare, publish, and distribute by mail and otherwise, documents, articles, and advertisements designed to convey information on all matters pertaining to the agricultural, industrial, mining, and other resources and advantages of the state. He may also prepare displays for exhibits of agriculture, horticulture, manufactured, and mineral products of the state.
Source: SL 1925, ch 115, ch III, art IV, §7; SDC 1939, §4.0204; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-26 - Cooperation with State Fair Commission.

38-1-26. Cooperation with State Fair Commission.
The Department of Agriculture and Natural Resources shall have power to cooperate with the State Fair Commission in furthering the agricultural interests of the state.
Source: SL 1925, ch 115, ch III, art I, §2; SDC 1939, §4.0104 (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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-29 - Apiaries and bees.

38-1-29. Apiaries and bees.
The Department of Agriculture and Natural Resources shall have power to inspect apiaries and provide for the protection of bees.
Source: SL 1925, ch 115, ch III, art I, §2; SDC 1939, §4.0104 (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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-30 - Cooperation with commissioner of school and public lands in forest protection.

38-1-30. Cooperation with commissioner of school and public lands in forest protection.
The Department of Agriculture and Natural Resources shall have power to cooperate with the commissioner of school and public lands in protecting the forests of the State of South Dakota, and particularly in the matter of guarding against and preventing the devastation or destruction thereof by any insects, pests, or fires.
Source: SL 1925, ch 115, ch III, art I, §2; SDC 1939, §4.0104 (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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-32 - Regulation of nursery stock.

38-1-32. Regulation of nursery stock.
The Department of Agriculture and Natural Resources shall have power to inspect and control the importation and sale of nursery stock.
Source: SL 1925, ch 115, ch III, art I, §2; SDC 1939, §4.0104 (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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-36 - Cooperation in protection of fish and game.

38-1-36. Cooperation in protection of fish and game.
The Department of Agriculture and Natural Resources shall have power to cooperate with the Department of Game, Fish and Parks of the State of South Dakota in the protection, preservation, propagation, and distribution of fish, game, and wild animals.
Source: SDC 1939, §4.0104 (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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-37 - Cooperation and coordination with other departments--Preventing duplication of effort.

38-1-37. Cooperation and coordination with other departments--Preventing duplication of effort.
The secretary of agriculture and natural resources shall furnish such cooperation, coordination, data, and information to other departments, subdivisions, or officers of the state government as may promote the most efficient administration of the state government as a whole and as may tend to prevent duplication of effort and expense in administration of such government, and he shall have the right to require the same for such purposes from other departments, subdivisions, or officers of the state government.
Source: SL 1925, ch 115, ch I, art I, §§12, 13; SDC 1939, §4.0103; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-38 - Representation of agricultural interests before federal agencies.

38-1-38. Representation of agricultural interests before federal agencies.
The secretary of agriculture and natural resources shall have power to arrange, subject to approval of the Governor, for representation before legislative and administrative agencies of the federal government, at such times as it seems advisable and in the manner deemed most advantageous to the state, for the purpose of obtaining federal legislation or administrative rulings helpful to the agricultural interests of the country, either individually or cooperatively with another state or other states with like interests, or in cooperation with agricultural organizations.
Source: SL 1921, ch 190, §5; SDC 1939, §4.0104 (12); SL 1978, ch 281, §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 01 - State Department Of Agriculture And Natural Resources › Section 38-1-38.1 - Principles of state before federal government.

38-1-38.1. Principles of state before federal government.
The State of South Dakota, its agencies and representatives shall adhere to the following principles whenever representing the State of South Dakota before the United States Congress, the President, the United States Department of Agriculture, or any other federal agency in any matter concerning the cattle industry:
(1)Federal beef import quotas should be broadened to cover all classification of cattle, beef, and beef products;
(2)Federal beef import quotas should be correlated with domestic beef production so that beef imports will increase when domestic production is low and decrease when domestic production is high;
(3)The federal government should require all imported beef and beef products to be clearly labeled so as to identify the country of origin;
(4)No meat may be imported into this country unless it meets federal meat inspection standards;
(5)Federal health inspection of imported live cattle should be at least as stringent as the import health inspection of the exporting country;
(6)The federal government should vigorously enforce all existing statutes and treaty restrictions against unfair international trade practices, such as beef export subsidies, rebates, and production credits.
Source:
SL 1979, ch 261, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-40 - Prosecution by secretary of violations--Security for costs not required.

38-1-40. Prosecution by secretary of violations--Security for costs not required.
The secretary of agriculture and natural resources may make complaint against any person violating any of the provisions of the laws he is empowered to enforce or administer, before any court having jurisdiction, and security for costs shall not be required of the complainant in any action or proceeding instituted by him or under his authority for the purpose of such enforcement, and it shall be the duty of all prosecuting officers of this state to prosecute all actions or proceedings instituted by the secretary of agriculture and natural resources.
Source: SL 1925, ch 115, ch III, art V, §3; SDC 1939, §4.0105; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-44 - Definition of terms.

38-1-44. Definition of terms.
Terms used in §§38-1-44 to 38-1-50, inclusive mean:
(1)"Farmer," the person responsible for planting a crop on, managing the crop, and harvesting the crop from land on which a patent infringement is alleged to have occurred; and
(2)"Transgenic organism," an organism that has been modified by genetic engineering to contain DNA from an outside source.
Source:
SL 2002, ch 188, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-45 - Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.

38-1-45. Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
Before a person holding a patent on transgenic seed may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent:
(1)Shall notify the farmer in writing of the allegation that a patent infringement has occurred and request written permission to enter upon the farmer's land; and
(2)Shall obtain the written permission of the farmer.
The farmer shall grant or deny access within seven days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land.
Source:
SL 2002, ch 188, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 01 - State Department Of Agriculture And Natural Resources › Section 38-1-46 - Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking.

38-1-46. Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking.
If either party requests the secretary of agriculture and natural resources to provide for the collection of samples under §38-1-45, or to participate in or conduct any other aspect of the sampling or analysis process, the secretary shall designate an employee or enter into an agreement with a person or entity to implement the specified activity as provided in rules under §38-1-49. The person or entity may be, but is not required to be, an employee or agency of the State of South Dakota. The patent holder shall pay the fee charged by the department under rules promulgated pursuant to §38-1-49. The farmer and the person holding the patent may each be present at any collection of samples conducted under §§38-1-44 to 38-1-50, inclusive, and each shall be notified of the time and location of the sample taking in a timely manner.
Source: SL 2002, ch 188, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.