reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:09 - Inspection and certification › Section 12:51:09:02 - Issuance of certificates

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall issue a certificate for movement of a regulated
	 article upon determination that the regulated article:
(1) Is eligible for unrestricted movement
  under all other applicable federal plant quarantines and South Dakota plant
  quarantines and plant rules;
(2) Is
  to be moved in compliance with any emergency conditions the secretary may
  impose under SDCL chapter 38-24 A to prevent the artificial spread of the
  regulated pest;
(3) Is free of the
  regulated pest, based on the results of official inspection and laboratory
  testing specified by the secretary and the history of previous
  infestation;
(4) Has been grown,
  produced, manufactured, stored, or handled in a manner that would prevent
  infestation or destroy all life stages of the regulated pest; and
(5) Has been treated in accordance with
  methods and procedures specified in chapter 12:51:07.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:09 - Inspection and certification › Section 12:51:09:03 - Issuance of permits

Current through Register Vol. 51, page 10, July 15, 2024
If a regulated article is not eligible for a certificate, the secretary
	 may issue a permit for the movement of a regulated article or approve the
	 issuance of a permit by the state plant regulatory official in the state of
	 origin if the secretary determines that the regulated article:
(1) Is to be moved to a specified destination
  for specified handling, utilization, or processing and this movement will not
  result in the artificial spread of the regulated pest because the regulated
  pest will be destroyed or the risk mitigated by the specified handling,
  utilization, or processing;
(2) Is
  to be moved in compliance with any additional emergency conditions the
  secretary may impose under SDCL chapter 38-24 A to prevent the artificial
  spread of the regulated pest; and
(3) Is eligible for movement under all other
  applicable federal plant quarantines and South Dakota plant quarantines and
  plant rules.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:09 - Inspection and certification › Section 12:51:09:04 - Attachment and disposition of certificates and permits

Current through Register Vol. 51, page 10, July 15, 2024
The consignor must ensure that the certificate or permit authorizing
	 intrastate or interstate movement of a regulated article is at all times during
	 intrastate or interstate movement attached to:
(1) The outside of the container encasing the
  regulated article;
(2) The article
  itself, if it is not in a container; or
(3) The consignee's copy of the accompanying
  waybill, if the descriptions of the regulated article on the certificate or
  permit and on the waybill are sufficient to identify the regulated article.
The carrier must furnish the certificate or permit authorizing movement
	 of a regulated article to the consignee at the shipment's
	 destination.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:09 - Inspection and certification › Section 12:51:09:05 - Costs

Current through Register Vol. 51, page 10, July 15, 2024
The user is responsible for all costs arising from inspection,
	 certification, and permitting of regulated articles. Procedures shall be
	 conducted and costs shall be calculated in accordance with SDCL
	 38-24A-21.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:09 - Inspection and certification › Section 12:51:09:06 - Cancellation of certificates, permits, or business agreements

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL chapter 1-26, any certificate, permit, or business
	 agreement issued by the secretary may be canceled if the secretary determines
	 that the holder of the certificate, permit, or business agreement has not
	 complied with this article or any conditions imposed under this
	 chapter.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words and phrases defined in SDCL chapter 38-24 A have the same
	 meaning when used in this chapter. Terms used in this chapter mean:
(1) "Firewood," tree parts in any measure or
  volume, whether for commercial or private purposes, that is intended to be
  burned for heating or recreational use;
(2) "Log," parts of trees cut to certain
  lengths to be milled, processed, or otherwise used in buildings or
  construction;
(3) "Quarantine
  area," an area established by the secretary of Agriculture and Natural
  Resources from which the emerald ash borer is likely to spread;
(4) "Secretary," the secretary of the South
  Dakota Department of Agriculture and Natural Resources;
(5) "USDA-APHIS-PPQ," the United States
  Department of Agriculture, Animal and Plant Inspection Service, Plant
  Protection and Quarantine;
(6)
  "External embargoed area," the area outside of South Dakota established by the
  secretary from which regulated articles are restricted;
(7) "Department," the South Dakota Department
  of Agriculture and Natural Resources.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:02 - Regulated insects

Current through Register Vol. 51, page 10, July 15, 2024
Emerald ash borer (
Agrilus planipennis
(Fairmaire))
	 is a regulated insect under SDCL
	 38-24A-6.
General Authority:
SDCL
		38-24A-9
Law Implemented:
SDCL
		38-24A-6,
		38-24A-9
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:03 - Regulated articles

Current through Register Vol. 51, page 10, July 15, 2024
The following articles that originate within the quarantine area are
	 considered regulated articles:
(1) The
  emerald ash borer,
Agrilus planipennis
(Fairmaire), in any
  living stage of development.
(2)
  Entire ash trees (
Fraxinus spp.
), and nursery stock.
(3) Ash logs or untreated ash lumber with any
  bark or the outer one half inch of wood attached.
(4) Non-coniferous, or hardwood, wood chips
  and non-coniferous, or hardwood, bark chips larger than one inch diameter in
  two dimensions.
(5) Other ash
  material (
Fraxinus spp.
), living or dead, cut or fallen,
  including logs, limbs, branches, stumps, or roots.
(6) Firewood of any non-coniferous, or
  hardwood, species.
(7) Any other
  article, product, or means of conveyance, when it is determined by the
  secretary to present a risk of spreading the emerald ash borer. Other items
  identified as regulated articles in this manner will be communicated through
  publication of a notice in public newspapers.
General Authority:
SDCL
		38-24A-9
Law Implemented:
SDCL
		38-24A-6,
		38-24A-7
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:04 - Movement of regulated articles out of the quarantine area

Current through Register Vol. 51, page 10, July 15, 2024
Regulated articles described in 12:51:10:03 may be moved out of the
	 quarantine area if each of the following conditions are met:
(1) A thorough examination of the regulated
  articles and treatment is conducted by an inspector authorized by the
  secretary, and
(2) A permit is
  granted for movement of regulated articles, and
(2) The permit is attached to the regulated
  articles, or with the shipping documents, for that specific lot of regulated
  articles until the final destination. The permit shall be provided to an
  inspector, if requested, or to the consignee at the final
  destination.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:05 - Movement of regulated articles through the quarantine area

Current through Register Vol. 51, page 10, July 15, 2024
The movement of regulated articles, listed in 12:51:10:03, originating
	 from outside a quarantine area, through a quarantine area, then out to a
	 non-quarantine area again, is prohibited, except if passage is made without
	 stopping except for refueling or traffic conditions and if the articles are
	 completely enclosed by a covering adequate to prevent the escape or entry of
	 emerald ash borer.
General Authority:
SDCL
		38-24A-9
Law Implemented:
SDCL
		38-24A-6,
		38-24A-10
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:06 - Treatment of regulated articles

Current through Register Vol. 51, page 10, July 15, 2024
Regulated articles listed in §
									12:51:10:03 may receive a permit
	 from the secretary or a designated agent to authorize movement outside of the
	 quarantine area. A permit will include specific treatment activities that must
	 be performed in order to prevent the spread of emerald ash borer out of the
	 quarantine area. The treatment activities are as follows:
(1) Heat Treatment: the article has been
  brought to an internal temperature of 140 deg F (60 deg C) for 60 minutes, or
  other temperature and exposure time as described in USDA Heat Treatment
  Schedule T314-a (Regulated Wood Articles including Fraxinus and all Hardwood
  Firewood from Emerald Ash Borer Quarantine areas) or USDA Kiln Sterilization
  Schedule T404-b-4 (Wood Products including containers);
(2) Fumigation: Fumigation must be approved
  and conducted under expert guidance and appropriate for the particular article,
  and under official observation by USDA-APHIS-PPQ or the department;
(3) Chipping: Bark or other wood may be
  chipped so that the size of the chips is 1 inch or less in two
  dimensions;
(4) Debarking: The
  article has 100% of the bark removed, plus an additional 1/2 inch of wood. No
  residual bark or cambium shall remain; or
(5) Other: If the secretary determines the
  article will not present a risk of transporting the emerald ash
  borer.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:07 - Prohibited acts

Current through Register Vol. 51, page 10, July 15, 2024
No person may transport, buy, sell, or offer for sale, in a manner
	 contrary to 12:51:10:04 or 12:51:10:05, any regulated article, as described in
	 12:51:10:03. No person may move regulated article from, into, or through the
	 quarantine area, except as provided in 12:51:10:04 and
	 12:51:10:05.
General Authority:
SDCL
		38-24A-9
Law Implemented:
SDCL
		38-24A-6,
		38-24A-10
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:08 - USDA-APHIS-PPQ as a designated agent

Current through Register Vol. 51, page 10, July 15, 2024
The USDA-APHIS-PPQ is considered a designated agent as defined in SDCL
	 38-24A-1(2)
	 working with the Secretary to prevent the spread of emerald ash borer. As a
	 designated agency, USDA-APHIS-PPQ may allow, through permits and certificates,
	 the movement of regulated materials out of and through the quarantine
	 area.
General Authority:
SDCL
		38-24A-9
Law Implemented:
SDCL
		38-24A-1,
		38-24A-9
7 C.F.R Part 301 . 53-1-301.53
		-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:10 - Emerald ash borer quarantine › Section 12:51:10:09 - External embargoed articles

Current through Register Vol. 51, page 10, July 15, 2024
All regulated articles described in §
									12:51:10:03 that originate from an
	 external embargoed area, and that have not been treated as described in §
									12:51:10:06, are embargoed, except
	 when each of the following conditions are met:
(1) The articles enter directly from portions
  of states that border a county regulated by the South Dakota emerald ash borer
  internal quarantine as established by the secretary;
(2) The articles travel directly to a
  facility located within the South Dakota emerald ash borer quarantine;
  and
(3) The articles will not leave
  the South Dakota emerald ash borer quarantine area, unless they are
  subsequently treated to meet the requirements described in §
									12:51:10:06.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
	 39-14-39 have the same meaning
	 when used in this article. In addition, terms used in this article mean:
(1) "Secretary," the secretary of the South
  Dakota department of agriculture.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:02 - Guidelines for commercial feeds

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall follow the model bill and regulations from the
	 Official Publication of the Association of American Feed Control Officials,
	 Incorporated 2023. The term "secretary of the Department of Agriculture and
	 Natural Resources" will be inserted in the blank spaces contained in the model
	 bill and regulations. The secretary must follow SDCL 39-14 and 21 C.F.R. Parts
	 225, 226, 510, 558, 573, 582, and 589.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60,
		39-14-61.
Model Bill and Regulations, pages 107 through 233,
The
		Official Publication of the Association of American Feed Control Officials,
		Incorporated, 2023
, published by the Association of American Feed
		Control Officials, Incorporated. Copies may be online at
http://www.aafco.org/Publications
,
		for $135.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:04 - Special purpose products to guarantee ingredients

Current through Register Vol. 51, page 10, July 15, 2024
Sellers of special purpose products shall guarantee the quantity of the
	 principal active ingredients of the product.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:06 - Commercial feed stored in bulk to be labeled

Current through Register Vol. 51, page 10, July 15, 2024
When a commercial feed is stored in bulk bins or other containers, the
	 label shall be placed on or affixed to the container. When a commercial feed is
	 distributed in bulk, the label shall accompany delivery and be furnished to the
	 purchaser at the time of delivery.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-54,
		39-14-55,
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:08 - Water to be listed as ingredient when part of liquid protein supplement

Current through Register Vol. 51, page 10, July 15, 2024
Water shall be listed as an ingredient when it is part of a liquid
	 protein supplement.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:09 - Liquid feed labels to state guarantees for maximum moisture content

Current through Register Vol. 51, page 10, July 15, 2024
The labels of feeds shall state the maximum moisture content when the
	 moisture content exceeds 20%. The labels that contain greater than 20% shall
	 state the maximum moisture content in the guaranteed analysis
	 statement.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:10 - Weed seed tolerance in commercial feeds

Current through Register Vol. 51, page 10, July 15, 2024
All screenings or byproducts of grains and seeds containing prohibited
	 or restricted weed seeds, as defined in chapter 12:36:03, when used in
	 commercial feed or sold as such to the ultimate consumer, must be ground fine
	 enough or otherwise treated to destroy the viability of the weed seeds. The
	 finished product may contain no viable prohibited weed seeds per pound and not
	 more than the 4.5 viable restricted weed seeds per pound.
General Authority:
SDCL
		39-14-53,
		39-14-60.
Law Implemented:
SDCL
		39-14-53.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:12 - Requirements for direct-fed microbial products

Current through Register Vol. 51, page 10, July 15, 2024
A commercial feed that is a direct-fed microbial product must meet the
	 following requirements:
(1) The
  product meets the particular fermentation product definition;
(2) The microbial content statement is stated
  on the label and is limited to the following: "Contains a source of live
  (viable) naturally occurring microorganisms"; and
(3) The source is stated with a corresponding
  guarantee expressed in colony forming units per gram (CFU/g) when directions
  are for using the product in grams or in colony forming units per pound
  (CFU/lb) when directions are for using the product in pounds. A parenthetical
  statement following the guarantee must list each species in order of
  predominance.
General Authority:
SDCL
		39-14-54,
		39-14-60.
Law Implemented:
SDCL
		39-14-54,
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:13 - Commercial feed tonnage inspection fee

Current through Register Vol. 51, page 10, July 15, 2024
Subject to the provisions and exceptions in SDCL
	 39-14-43, the tonnage inspection
	 fee for commercial feeds is ten cents a ton.
General Authority:
SDCL
		39-14-43.
Law Implemented:
SDCL
		39-14-43.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:14 - Format of advisory statements on labels of ruminant livestock feeds

Current through Register Vol. 51, page 10, July 15, 2024
Complete and mixed supplement ruminant livestock feeds
	 manufactured in a facility that does not handle or store any ingredient, or
	 product containing an ingredient, that is prohibited from use in ruminant
	 livestock feed pursuant to the Code of Federal Regulations,
	 21 C.F.R.
	 589.2000, as amended to March 1, 2001, shall
	 state on the label, "This product was made in a feed manufacturing facility
	 that does not handle or store products containing animal proteins prohibited in
	 ruminant feed." This includes facilities that store prohibited materials in
	 separate buildings or in an area that is physically separated by a wall or
	 similar means that prevents the commingling of prohibited and nonprohibited
	 materials.
Commercial feeds, other than customer formula feeds, shall be
	 labeled with the appropriate statement on the principal display panel of the
	 product label. For customer formula feeds, the appropriate statement shall
	 appear on the label, invoice, delivery ticket, or other shipping
	 document.
The Secretary of Agriculture may consider alternative methods of
	 communicating the required information if a written request is submitted by the
	 manufacturer and the proposed alternative provides an equivalent level of
	 communication to the consumer.
General Authority:
SDCL
		39-14-55.1.
Law Implemented:
SDCL
		39-14-55.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:15 - Handling or storage of prohibited animal protein products in facilities that manufacture ruminant livestock feeds

Current through Register Vol. 51, page 10, July 15, 2024
Any person who manufactures ruminant livestock feed for distribution or
	 for the person's own use, may not handle in any equipment, or store in the feed
	 manufacturing facility or other areas used for the storage of materials for the
	 production of ruminant livestock feeds or for feeding to ruminants, any
	 ingredient or product containing an ingredient that is prohibited from use in
	 ruminant livestock feeds pursuant to the Code of Federal Regulations,
	 21 C.F.R.
	 589.2000, as amended to March 1, 2001.
	 Storage may occur in the same building if there is a physical separation of
	 prohibited and nonprohibited materials with a wall or similar means that
	 prevents the commingling of prohibited and nonprohibited
	 materials.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:16 - Handling or storage of prohibited animal protein products by persons that transport or store ruminant livestock feeds

Current through Register Vol. 51, page 10, July 15, 2024
Any person who transports or stores nonpackaged bulk ruminant livestock
	 feed for further distribution or for his own use, may not handle prohibited
	 animal proteins in any distribution equipment, or store in the same building
	 with nonpackaged bulk ruminant livestock feeds or materials for the production
	 of ruminant livestock feeds, any ingredient or product containing an ingredient
	 that is prohibited from use in ruminant livestock feeds pursuant to the Code of
	 Federal Regulations, 21
	 C.F.R. 589.2000, as amended to March 1, 2001.
	 Storage may occur in the same building if there is a physical separation of
	 prohibited and nonprohibited materials with a wall or similar means that
	 prevents the commingling of prohibited and nonprohibited
	 materials.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:17 - Disposition of spilled feed products

Current through Register Vol. 51, page 10, July 15, 2024
Any person who stores, handles, or transports packaged feed products
	 containing prohibited animal proteins must dispose of any spilled feed
	 materials in an appropriate manner that does not risk contamination of ruminant
	 livestock feeds.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:01 - Commercial feeds › Section 12:53:01:18 - Maximum sulfur percentage required on label of distillers products and corn gluten feed

Current through Register Vol. 51, page 10, July 15, 2024
The label of distillers products and corn gluten feed, as defined in
	 the Official Publication of the Association of American Feed Control Officials,
	 Incorporated, 2003 Edition, pages 244-245 and 263, must state the maximum
	 sulfur in the product. The sulfur guarantee must be stated in terms of
	 percentage.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-60.
Feed Ingredient Definitions, pages 244, 245, and 263;
2003
		Official Publication of the Association of American Feed Control Officials,
		Incorporated
; published by the Association of American Feed Control
		Officials, Incorporated. Copies may be obtained from Sharon Senesac, Assistant
		Secretary-Treasurer, PO Box 478, Oxford, Indiana, 47971, for $50 in the United
		States and Canada and $65 for foreign
		orders.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:02 - Contested case procedure › Section 12:53:02:01 - Initiation of contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
A person whose application for registration of commercial feed is
	 refused or whose registration of commercial feed is cancelled may request a
	 contested case hearing regarding the refusal or cancellation. A sufficient
	 request shall include the following:
(1) Identification of the commercial feed
  registration application that was refused or the commercial feed registration
  that was cancelled;
(2) A statement
  of the reasons the refusal or cancellation is in error;
(3) Data, if any, supporting the allegation
  that the refusal or cancellation is in error; and
(4) The name, address, telephone number, and
  signature of the person or his attorney.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-42.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:02 - Contested case procedure › Section 12:53:02:02 - Contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
A contested case hearing shall be held by the secretary or a hearing
	 examiner appointed by him within 30 days after the receipt of a sufficient
	 request.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-42.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:02 - Contested case procedure › Section 12:53:02:03 - Final decision

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall issue a final decision in a contested case hearing
	 within 20 days after the hearing. The secretary may take an additional 10 days
	 to issue his final decision upon written notice to all
	 parties.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-42.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:53 - Commercial feeds › Chapter 12:53:02 - Contested case procedure › Section 12:53:02:04 - Amendment of application of registration

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall allow a person whose application for registration
	 of commercial feed is refused or whose registration of commercial feed is
	 cancelled to amend the application or registration to bring it into compliance
	 with SDCL 39-14 or article 12:53 at any stage and regardless of the initiation
	 of the contested case hearing procedure. Copies of the amendments shall be
	 served on all parties. If, in the opinion of the secretary, an amendment brings
	 the application or registration into compliance, the contested case hearing
	 shall be dismissed without prejudice to any party. If, in the opinion of the
	 secretary, an amendment does not bring the application or registration into
	 compliance, the sufficiency of the amendment shall be an issue at the contested
	 case hearing.
General Authority:
SDCL
		39-14-60.
Law Implemented:
SDCL
		39-14-42.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:02 - Storage and disposal › Section 12:56:02:01 - Permissible disposal procedures

Current through Register Vol. 51, page 10, July 15, 2024
Pesticides may be disposed of as follows:
(1) Using them for the legal purposes
  originally intended, at the prescribed dosage;
(2) Returning the pesticides to the
  manufacturer for potential relabeling, recovery of resources, reprocessing into
  other materials, or exportation of the pesticide to a country where its use may
  be legal;
(3) In accordance with
  the "Storage and Disposal" section of the label for the product being
  disposed;
(4) Collection by the
  Department of Agriculture's unusable pesticide disposal program;
(5) If not a hazardous waste, burial in a
  permitted municipal solid waste landfill, in accordance with state and federal
  solid waste laws; or
(6) Collection
  and disposal as a hazardous waste, as provided for pursuant to Department of
  Environment and Natural Resources §
									74:28:25:01.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:02 - Storage and disposal › Section 12:56:02:02 - Prohibited storage and disposal procedures

Current through Register Vol. 51, page 10, July 15, 2024
No person may dispose of or store or receive for disposal or storage
	 any pesticide or pesticide container or pesticide container residues as
	 follows:
(1) So as to cause or allow
  open dumping of pesticides or pesticide containers;
(2) So as to cause or allow open burning of
  pesticides or pesticide containers;
(3) So as to cause or allow water
  dumping;
(4) So as to cause or
  allow pesticides to be stored next to food or other articles intended for
  consumption by humans or animals.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:02 - Storage and disposal › Section 12:56:02:03 and 12:56:02:04 - Procedures for the disposal of organic mercury, lead, cadmium, arsenic, beryllium, selenium, and all inorganic pesticides. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:02 - Storage and disposal › Section 12:56:02:04.01 - Disposal of pesticides identified as hazardous wastes

Current through Register Vol. 51, page 10, July 15, 2024
Any pesticide which has been identified as a hazardous waste by §
									74:28:22:01 shall be treated,
	 stored, and disposed of in accordance with the procedures established by the
	 department of environment and natural resources for the treatment, storage, and
	 disposal of hazardous wastes as specified by §
									74:28:25:01.
General Authority:
SDCL
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:02 - Storage and disposal › Section 12:56:02:05 - Disposal of pesticide containers and residues

Current through Register Vol. 51, page 10, July 15, 2024
All pesticide containers that have been triple rinsed shall be disposed
	 of according to one or more of the following procedures:
(1) Return to the manufacturer for reuse,
  recovery of resources, or reprocessing into other materials;
(2) In accordance with the "Storage and
  Disposal" section of the label for the pesticide being disposed;
(3) Collection by the Department of
  Agriculture's pesticide container recycling program; or
(4) Burial in a permitted municipal solid
  waste landfill, in accordance with state and federal solid waste
  laws.
General Authority:
SDCL
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:02 - Storage and disposal › Section 12:56:02:06 - Procedures for disposal of pesticide residue

Current through Register Vol. 51, page 10, July 15, 2024
Residue and rinse liquids which are not added to spray mixtures in the
	 field shall be disposed of in the manner prescribed for each specific type of
	 pesticide in accordance with the procedures established by the Department of
	 Environment and Natural Resources for the disposal of solid wastes, as
	 specified by article 74:27 or in accordance for the treatment, storage, and
	 disposal of hazardous wastes, as specified by article 74:28.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:02 - Storage and disposal › Section 12:56:02:07 - Exemption for disposal of single containers

Current through Register Vol. 51, page 10, July 15, 2024
Sections 12:56:02:01 to 12:56:02:06, inclusive, do not apply to
	 pesticides and single containers of pesticides designed for use in the home and
	 garden if disposed of singly during routine solid waste disposal at a sanitary
	 landfill.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:03 - Pesticide transportation requirements › Section 12:56:03:01 - Transportation by commercial carriers

Current through Register Vol. 51, page 10, July 15, 2024
Pesticides transported by commercial carriers shall be packaged in the
	 manufacturer's original container. Pesticides which are identified as hazardous
	 materials shall comply with department of commerce and regulation requirements
	 specified in § 61:23:01:02.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-35,
		38-21-15,
		38-21-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:03 - Pesticide transportation requirements › Section 12:56:03:01.01 - Spills during transport

Current through Register Vol. 51, page 10, July 15, 2024
The commercial carrier shall notify the department or division of
	 emergency and disaster services within 12 hours after the spill of more than 5
	 gallons of liquid or 50 pounds of dry pesticide which occurs during
	 transportation. The commercial carrier shall provide written notice of a spill
	 to the department within 72 hours after the spill.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15,
		38-21-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:03 - Pesticide transportation requirements › Section 12:56:03:02 - Pesticides to be isolated during transportation

Current through Register Vol. 51, page 10, July 15, 2024
Pesticides shall not be transported by a commercial carrier in the same
	 compartment of the vehicle with clothes, food, feed, or other material intended
	 for use or consumption by humans or animals.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:03 - Pesticide transportation requirements › Section 12:56:03:03 - Transportation of bulk pesticides

Current through Register Vol. 51, page 10, July 15, 2024
A bulk pesticide storage container being transported shall comply with
	 department of commerce and regulation requirements in § 61:23:01:02 and
	 shall be secured to prevent significant movement during transportation. The
	 container shall prominently bear the registered product label for the pesticide
	 contained in it.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15,
		38-21-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:01 - Agricultural plant pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides used in the production of
	 agricultural commodities, including but not limited to grains, soybeans,
	 forage, vegetables, small fruits, tree fruits, and nuts, feed and forage crops
	 including grasslands and non-crop agricultural lands must be certified for
	 agricultural plant pest control. Licensed applicators in this classification
	 must be certified and licensed to use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:02 - Agricultural livestock pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides on animals, including beef
	 cattle, dairy cattle, swine, sheep, horses, goats, poultry, and other livestock
	 and at places on or in which animals are confined, must be certified for
	 agricultural animal pest control. Licensed applicators in this classification
	 must be certified and licensed to use any pesticide. Certification in this
	 category does not authorize the use of products for predator control listed in
	 category 13 (and repealed category 16) or for fumigation listed in category 14
	 of this section.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:03 - Forest pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides in forests, forest nurseries,
	 and forest seed-producing areas must be certified for forest pest control.
	 Licensed applicators in this classification must be certified and licensed to
	 use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:04 - Ornamental and turf pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides to control pests in the
	 maintenance and production of ornamental trees, shrubs, flowers, and turf must
	 be certified for ornamental and turf pest control. Licensed applicators in this
	 classification must be certified and licensed to use any
	 pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:05 - Seed treatment

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides on seeds must be certified for
	 seed treatment. Licensed applicators in this classification must be certified
	 and licensed to use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:06 - Aquatic pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticide purposefully applied to standing
	 or running water, excluding commercial applicators engaged in public
	 health-related activities included in §12:56:06:09 must be certified for
	 aquatic pest control. Licensed applicators in this classification must be
	 certified and licensed to use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:07 - Right-of-way pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides in the maintenance of
	 roadsides, powerlines, pipelines, and railway rights-of-way and similar areas.
	 Licensed applicators in this classification must be certified and licensed to
	 use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:08 - Industrial, institutional, structural, and health related pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides in, on, or around the
	 following: food handling establishments, packing houses, and food processing
	 facilities: human dwellings; institutions such as schools and hospitals and
	 prisons; and industrial establishments; including manufacturing facilities,
	 warehouses, grain elevators, and any other structures and adjacent areas public
	 or private; and for the protection of stored, processed, or manufactured
	 products. This category applies to commercial applicators who use pesticides in
	 the control of rodents and birds in or around structures. This category applies
	 to non-government commercial applicators who use pesticides for the management
	 and control of pests having public health importance. Licensed applicators in
	 this classification must be certified and licensed to use any pesticide.
	 Certification in this category does not authorize the use of products for
	 fumigation listed in category 14 of this section.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:09 - Public health pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators and state, federal, or other governmental
	 employees using pesticides in government sponsored public eradication efforts
	 for the management and control of pests having medical and public health
	 importance. Licensed applicators in this classification must be certified and
	 licensed to use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:12 - Rodent pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides in the control of rodents in an
	 agriculture site (not in or around structures) Licensed applicators in this
	 classification must be certified and licensed to use any pesticide.
	 Certification in this category does not authorize the use of products for
	 fumigation listed in category 14 of this section.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:12.01 - Sodium cyanide Predator pest control

Current through Register Vol. 51, page 10, July 15, 2024
This pest control category applies to commercial applicators who use
	 sodium cyanide in a mechanical ejection device to control regulated predators.
	 Licensed applicators in this classification must be certified and licensed to
	 use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:12.02 - Non-soil fumigation pest control

Current through Register Vol. 51, page 10, July 15, 2024
This category applies to commercial applicators who use pesticides to
	 fumigate anything other than soil, including but not limited to commodity
	 storage (such as grain stored in bins or grain in transit in rail cars,
	 vehicles or vessels), vertebrate burrows, structural buildings and enclosed
	 spaces (such as tents) permanently or occasionally occupied by humans. Licensed
	 applicators in this classification must be certified and licensed to use any
	 pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:12.03 - Wood preservative pest control

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using pesticides to control pests that damage or
	 destroy wood. Licensed applicators in this classification must be certified and
	 licensed to use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:12.04 - Livestock protection collar

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators using the restricted use livestock protection
	 collar for control of coyote predation must be certified for the use of the
	 livestock protection collar.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:13

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:04 - Commercial applicators › Section 12:56:04:15 - Aerial Pest Control

Current through Register Vol. 51, page 10, July 15, 2024
Aerial commercial applicators using pesticides on lands used in the
	 production of agricultural crops, including feed grains, soybeans, forage,
	 vegetables, small fruits, tree fruits, and nuts, as well as on grasslands,
	 non-crop agricultural lands, right of ways must be certified for agricultural
	 plant pest control and right of way. Licensed applicators in this
	 classification must be certified and licensed to use any
	 pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:01 - Renewal of applicator certification

Current through Register Vol. 51, page 10, July 15, 2024
Certification required for an applicators license shall be maintained
	 by taking a written examination with a score of at least 70 percent, every two
	 years following the initial certification. Certification requirements must be
	 met before a license can be issued.
In lieu of a renewal examination, attendance at a certification course
	 held under the direction of the department shall qualify the licensed
	 applicator for maintenance of certification.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.