reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:04 - Germination standards › Section 12:36:04:02 - Minimum germination standards for vegetable seeds

Current through Register Vol. 51, page 10, July 15, 2024
The minimum germination standards for vegetable seeds are as
	 follows:
(1) Artichoke, 60 percent
(34) Eggplant, 60 percent
(2) Asparagus, 70 percent
(35) Endive, 70 percent
(3) Asparagus bean, 75 percent
(36) Kale, 75 percent
(4) Bean, garden, 70 percent
(37) Kale, Chinese, 75 percent
(5) Bean, lima, 70 percent
(38) Kale, Siberian, 75 percent
(6) Bean, runner, 75 percent
(39) Kohlrabi, 75 percent
(7) Beet, 65 percent
(40) Leek, 60 percent
(8) Broadbean, 75 percent
(41) Lettuce, 80 percent
(9) Broccoli, 75 percent
(42) Muskmelon, 75 percent
(10) Brussels sprout, 70 percent
(43) Mustard, India, 75 percent
(11) Burdock, great, 60 percent
(44) Mustard, spinach, 75 percent
(12) Cabbage, 75 percent
(45) Okra, 50 percent
(13) Cabbage, Chinese, 75 percent
(46) Onion, 70 percent
(14) Cabbage, tronchuda, 75 percent
(47) Onion, Welsh, 70 percent
(15) Cantaloupe, (see muskmelon)
(48) Pak-choi, 75 percent
(16) Cardoon, 60 percent
(49) Parsley, 60 percent
(17) Carrot, 55 percent
(50) Parsnip, 60 percent
(18) Cauliflower, 75 percent
(51) Pea, 80 percent
(19) Celeriac, 55 percent
(52) Pepper, 55 percent
(20) Celery, 55 percent
(53) Pumpkin, 75 percent
(21) Chard, Swiss, 65 percent
(54) Radish, 75 percent
(22) Chicory, 65 percent
(55) Rhubarb, 60 percent
(23) Chives, 50 percent
(56) Rutabaga, 75 percent
(24) Citron, 65 percent
(57) Salsify, 75 percent
(25) Collards, 80 percent
(58) Sorrel, 65 percent
(26) Corn, sweet, 75 percent
(59) Soybean, 75 percent
(27) Cornsalad, 70 percent
(60) Spinach, 60 percent
(28) Cowpea, 75 percent
(61) Spinach, New Zealand, 40 percent
(29) Cress, garden, 75 percent
(62) Squash, 75 percent
(30) Cress, upland, 60 percent
(63) Tomato, 75 percent
(31) Cress, water, 40 percent
(64) Tomato, husk, 50 percent
(32) Cucumber, 80 percent
(65) Turnip, 80 percent
(33) Dandelion, 60 percent
(66) Watermelon, 70 percent
General Authority:
SDCL
		38-12A-20.
Law Implemented:
SDCL
		38-12A-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:04 - Germination standards › Section 12:36:04:03 - Minimum germination standards for flower seeds

Current through Register Vol. 51, page 10, July 15, 2024
The kinds of flower seeds listed in this section are those for which
	 standard testing procedures have been prescribed. The percentage listed with
	 each kind is the germination standard for that kind. For those kinds with an
	 asterisk, the percentage is the total of percentage germination and percentage
	 hard seed. The germination standards for flower seeds are as follows:
(1) Achillea (the pearl),
Achillea
  ptarmica
, 50 percent;
(2)
  African daisy,
Dimorphotheca aurantiaca
, 55 percent;
(3) Ageratum,
Ageratum
  mexicanum
, 60 percent;
(4)
  Agrostemma (rose campion),
Agrostemma coronaria
, 65
  percent;
(5) Alyssum,
Alyssum compactum
,
A. maritimum
,
A.
  procumbens
,
A. saxatile
, 60 percent;
(6) Amaranthus, (
Amaranthus
spp.), 65 percent;
(7) Anagalis
  (pimpernel),
Anagalis arvensis
,
Anagalis
  coerulia
,
Anagalis grandiflora
, 60 percent;
(8) Anemone,
Anemone
  coronaria
,
A. pulsatilla
, 55 percent;
(9) Angel's trumpet,
Datura
  arborea
, 60 percent;
(10)
  Arabis,
Arabis alpina
, 60 percent;
(11) Arctotis (african lilac daisy),
Arcototis grandis
, 45 percent;
(12) Armeria,
Armeria
  formosa
, 55 percent;
(13)
  Asparagus, fern,
Asparagus plumosus
, 50 percent;
(14) Asparagus, sprenger,
Asparagus
  sprengeri
, 55 percent;
(15) Aster, China,
Callistephus
  chinensis
, except pompon, powderpuff, and princess types, 55
  percent;
(16) Aster, China,
Callistephus chinensis
, pompon, powderpuff, and princess
  types, 50 percent;
(17) Aubretia,
Aubretia deltoides
, 45 percent;
(18) Balsam,
Impatiens
  balsamina
, 70 percent;
(19) Begonia, (begonia fibrous rooted), 60
  percent;
(20) Begonia, (begonia
  tuberous rooted), 50 percent;
(21)
  Bells of Ireland,
Molucella laevis
, 60 percent;
(22) Brachycome (Swan River daisy),
Brachycome iberidifolia
, 60 percent;
(23) Browallia,
Browallia
  elata
and
B. speciosa
, 65 percent;
(24) Bupthalmum (sunwheel),
Bupthalmum salicifolium
, 60 percent;
(25) Calceolaria,
Calceolaria
spp., 60 percent;
(26) Calendula,
Calendula
  officinalis
, 65 percent;
(27) California poppy,
Eschscholtzie
  californica
, 60 percent;
(28) Calliopsis, Coreopsis bicolor,
C. drummondi
,
C. elegans
, 65
  percent;
(29) Campanula:
(a) Canterbury bells, Campanula medium, 60
  percent;
(b) Cup and saucer
  bellflower, Campanula medium calycanthema, 60 percent;
(c) Carpathian bellflower,
Campanual
  carpatica
, 50 percent;
(d)
  Peach bellflower,
Campanula persicifolia
, 50
  percent;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:04 - Germination standards › Section 12:36:04:05 - Seeds for which TZ test may be used

Current through Register Vol. 51, page 10, July 15, 2024
The result of a tetrazolium test may be shown in lieu of the
	 percentage of germination to indicate the potential viability of the green
	 needlegrass
(Nassella viridula)
seed;
For all other seeds, the result of a tetrazolium test may be shown
	 along with the percentage of germination.
General Authority:
SDCL
		38-12A-20.
Law Implemented:
SDCL
		38-12A-2
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:05 - Standards for labeling › Section 12:36:05:01 - Labeling requirements pertaining to variety

Current through Register Vol. 51, page 10, July 15, 2024
Labeling requirements pertaining to variety are as follows:
(1) Agricultural seeds of barley, flax, oats,
  rye, soybeans, tricicale, and wheat shall be labeled as to kind and variety
  except that when two or more varieties each in excess of 5 percent of the whole
  are combined to form a blend, the variety names may be omitted from the label
  provided:
(a) The kind is clearly identified
  with the word "blend" or other name or number commonly used by seedsmen or seed
  producers to identify their blends;
(b) The names of the varieties used to form
  the blend are included in the records for that seed lot; and
(c) The seedsman or seed producer has
  received written permission from the owner of any variety for which a United
  States Certificate of Plant Variety Protection has been applied for or issued
  to use that variety to form the blend;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:05 - Standards for labeling › Section 12:36:05:02 - Labeling requirements for flower seeds - Performance characteristics

Current through Register Vol. 51, page 10, July 15, 2024
Flower seeds prepared for use by home gardeners shall be labeled as to
	 kind and variety or kind and performance characteristics, as follows:
(1) For seeds of plants grown primarily for
  their blooms:
(a) If the seeds are of a single
  named variety, the kind and variety must be stated, for example: "Marigold,
  Butterball";
(b) If the seeds are
  of a single type and color for which there is no specific variety name, the
  type of plant, if it is significant, and the type and color of bloom must be
  indicated, for example, "Scabiosa, Tall, Large Flowered, Double,
  Pink";
(c) If the seeds consist of
  a mixture of colors of a blend or varieties of a single kind, the kind name,
  the type of plant, if it is significant, and the type of bloom must be
  indicated, and it must be clearly indicated that the seed is mixed or blended,
  for example, "Marigold, Dwarf Double French, Mixed Colors," or "Marigold Blend,
  Dwarf Double French, Mixed Colors"; and
(d) If the seeds consist of a mixture of
  kinds, it must be clearly indicated that the seed is mixed and the specific use
  of the mixture must be indicated, for example, "Cut Flower Mixture," "Rock
  Garden Mixture." Statements like "Wild Flower Mixture," "General Purpose
  Mixture," "Wonder Mixture," or any other statement which fails to indicate the
  specific use of the seed is not permitted unless the specific use of the
  mixture is also stated; and
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:05 - Standards for labeling › Section 12:36:05:03 - Coarse seed enumerated

Current through Register Vol. 51, page 10, July 15, 2024
Coarse seeds are the seeds of corn, wheat, oats, barley, rye,
	 triticale, spelt, emmer, buckwheat, sorghum, beans, peas.
General Authority:
SDCL
		38-12A-20.
Law Implemented:
SDCL
		38-12A-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:05 - Standards for labeling › Section 12:36:05:04 - Use of purple or blue labels

Current through Register Vol. 51, page 10, July 15, 2024
The purple label used with seed is limited to the registered class of
	 certified seed. The blue label used with seed is limited to the certified class
	 of certified seed. The certified seed label when attached to the bag serves for
	 identification of genetic identity and purity. In addition, the certified label
	 shall show the following:
(1)
  Class;
(2) Grower's producer
  number;
(3) Certification
  number;
(4) State where grown;
  and
(5) For certified seed potatoes
  -- statement that potatoes meet standards for disease and varietal
  purity.
General Authority:
SDCL
		38-12A-20.
Law Implemented:
SDCL
		38-12A-16.
Seed certification standards, §
											12:35:01:01.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:06 - Standards for arbitration › Section 12:36:06:01 - Arbitration language

Current through Register Vol. 51, page 10, July 15, 2024
Language calling attention to the arbitration process shall be as
	 follows or shall convey the same meaning as the following: "Sale subject to
	 arbitration where applicable."
General Authority:
SDCL
		38-12A-20.
Law Implemented:
SDCL
		38-12A-22.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:07 - Sampling procedures for verification of transgenic seed use › Section 12:36:07:01 - Oversight of sample collection

Current through Register Vol. 51, page 10, July 15, 2024
If requested in writing by a farmer or patent holder of a transgenic
	 seed, an employee of the Secretary of Agriculture shall oversee the collection
	 of samples by the department or the entity selected pursuant to §
									12:36:07:06.
General Authority:
SDCL
		38-1-49.
Law Implemented:
SDCL
		38-1-46,
		38-1-49.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:07 - Sampling procedures for verification of transgenic seed use › Section 12:36:07:02 - Method of collecting samples

Current through Register Vol. 51, page 10, July 15, 2024
Plant material samples shall be acquired in a manner that is agreed
	 upon by the farmer and the patent holder, prior to sample collection. If an
	 agreement cannot be reached, the manner for sample acquisition shall be
	 prescribed by the Secretary of Agriculture. Duplicate samples may be requested
	 by either party prior to the time that the sample is acquired at the expense of
	 the requesting party.
General Authority:
SDCL
		38-1-49.
Law Implemented:
SDCL
		38-1-49.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:07 - Sampling procedures for verification of transgenic seed use › Section 12:36:07:03 - Selection of laboratory and analytical methods

Current through Register Vol. 51, page 10, July 15, 2024
The farmer and the patent holder shall mutually agree upon the
	 laboratory and the methods used for the analysis of samples. If the laboratory
	 or methods cannot be agreed upon, the Secretary of Agriculture or his employee
	 shall make the final determination of the laboratory and methods to be
	 used.
General Authority:
SDCL
		38-1-49.
Law Implemented:
SDCL
		38-1-49.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:07 - Sampling procedures for verification of transgenic seed use › Section 12:36:07:04 - Retention of samples

Current through Register Vol. 51, page 10, July 15, 2024
Any plant material remaining after analysis is complete shall be
	 retained by the laboratory or the Department of Agriculture in an appropriate
	 manner. When issuing test results, the laboratory shall include notice of the
	 last time or date when the plant material will be presumed incapable of further
	 scientifically acceptable testing according to the testing methods used or
	 according to the experience of the laboratory personnel. If the farmer or the
	 patent holder request retention of the sample beyond the time set forth in this
	 notice, they will be required to make arrangements with the laboratory for
	 retention beyond the time frame given or for release of such samples to another
	 laboratory, and the payment to the laboratory for any fees incurred for such
	 additional services.
General Authority:
SDCL
		38-1-49.
Law Implemented:
SDCL
		38-1-49.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:07 - Sampling procedures for verification of transgenic seed use › Section 12:36:07:05 - Recovery of costs

Current through Register Vol. 51, page 10, July 15, 2024
The patent holder shall reimburse the department for costs incurred in
	 the amount of $25 per hour for each person plus state rates for expenses and
	 related costs.
General Authority:
SDCL
		38-1-49.
Law Implemented:
SDCL
		38-1-46,
		38-1-49.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:36 - Seed inspection › Chapter 12:36:07 - Sampling procedures for verification of transgenic seed use › Section 12:36:07:06 - Persons authorized to collect samples

Current through Register Vol. 51, page 10, July 15, 2024
Samples shall be taken by department personnel. The department may
	 select another entity to collect samples if the farmer and the patent holder
	 are in mutual agreement.
General Authority:
SDCL
		38-1-49.
Law Implemented:
SDCL
		38-1-46,
		38-1-49.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:38 - Potatoes and produce standards › Chapter 12:38:01 - Potatoes and produce standards › Section 12:38:01:01 - Specifications for location and size of label

Current through Register Vol. 51, page 10, July 15, 2024
Potatoes sold or offered for sale or sold on consignment in South
	 Dakota shall be labeled on the principal display panel of the product in
	 letters not less than one sixty-fourth inch high.
General Authority:
SDCL 38-15-25.
Law Implemented:
SDCL
		38-15-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:38 - Potatoes and produce standards › Chapter 12:38:01 - Potatoes and produce standards › Section 12:38:01:02 - Grades of potatoes - Conformity to federal standards

Current through Register Vol. 51, page 10, July 15, 2024
The grades of potatoes shall conform with the standards contained in
	 7 C.F.R.
	 51.1540 through
	 51.1566, inclusive, as in effect on
	 July 31, 1974.
General Authority:
SDCL 38-15-25.
Law Implemented:
SDCL
		38-15-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:02 - General provisions › Section 12:41:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 38-18-1 have the same meaning in
	 this article. Terms used in this article mean:
(1) "Crops," those seed or food producing
  crops that are pollinated by bees;
(2) "Landowner," a person who has legally
  filed a land deed with the county register of deeds office;
(3) "Lessee," a tenant under a written
  lease;
(4) "Restricted permit," a
  permanent location permit issued by the secretary for the placing of 10 or
  fewer colonies of bees within three miles of a location with a permanent
  permit;
(5) "Sanitary," protected
  from dust, dirt, insects, and rodents;
(6) "Pollination permit," a temporary
  location permit issued by the secretary for the placing of bee colonies within
  three miles of a location with a permanent permit for the purpose of
  pollinating a crop;
(7) "Apistan,"
  a miticide registered for use in controlling varroa mite; and
(8) "Independent third party," for the
  purpose of obtaining a certificate of inspection from a state where no state
  apairy official or inspection service exists, an apiary inspection may be
  obtained from a state or county entomologist, Cooperative Extension Specialist,
  or bee researcher with a combination of either two years apiary education or
  apiary experience and knowledge of apiary diseases and who can also provide a
  knowledgeable and unbiased inspection report. The third party must certify the
  specific disease details or inspection findings of the colonies. The third
  party must be an independent source who is not affiliated with the beekeeping
  operation, nor an employee of the beekeeping operation, nor a family member of
  the beekeeping operation. The third party must prepare a report of their
  findings and provide their telephone number and proper mailing
  address.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-28.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:02 - General provisions › Section 12:41:02:02 - Mileage and per diem

Current through Register Vol. 51, page 10, July 15, 2024
Reimbursement for any additional inspection made pursuant to SDCL
	 38-18-27 shall be according to
	 rates established in chapter 5:01:02, allowable travel
	 expenditures.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:02 - General provisions › Section 12:41:02:03 - Forms to be used

Current through Register Vol. 51, page 10, July 15, 2024
Forms to be completed for application for registration or entrance
	 permits and for providing written notice of landowner authorization shall be
	 furnished by the secretary and shall contain the following information as
	 necessary:
(1) The name, address,
  date, and signature of the landowner or lessee permitting bees to be placed on
  his property;
(2) The legal
  description of the location, consisting of county, quarter-section, section,
  township, and range where the bees are to be placed;
(3) The crop, crop location, and number of
  acres to be pollinated;
(4) The
  date bees will be placed at the location if the permit is temporary;
(5) A two-year history of the bees, including
  the state and county of each location and the dates the bees were in each
  location where the bees have been placed previously;
(6) Numerical calculations showing how the
  applicant determined the amount of fees to be submitted with each application;
  and
(7) A certificate of consent to
  allow inspections of apiaries and honey houses.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3,
		38-18-4,
		38-18-5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:01 - Landowner permission

Current through Register Vol. 51, page 10, July 15, 2024
Before a person may apply for registration under SDCL
	 38-18-3, the person must obtain
	 from the landowner or lessee written notification to the department of
	 agriculture that the person has been authorized to place bees on the location
	 specified in the written notification. This notification is required only once
	 for a permanent location. The authorization by a landowner or lessee for a
	 location becomes invalid when the land is sold or when a lessee changes.
	 Authorization may not be transferred either temporarily or permanently to
	 another person or to another location without the person first obtaining
	 further written notification from the landowner or lessee. A person who has
	 obtained authorization for a location may not lease or loan that location to
	 another person without first obtaining further written notification of
	 authorization from the landowner or lessee.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:03 - Inspection for temporary permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall inspect all apiaries qualifying for a temporary
	 permit. The detection of any regulated pest is sufficient cause for revoking a
	 temporary permit.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3,
		38-18-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:04 - Permanent location permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue permanent permits for all apiaries which are
	 located three miles or more from any other beekeepers' approved permanent
	 locations. The secretary may issue permanent permits to beekeepers to allow
	 placement of apiaries closer than three miles to each other upon consideration
	 of factors as they relate to pest control. Such factors may include density of
	 bees, location and vegetation, landowner needs, disease history and management
	 practices, and other relevant information. The beekeeper applying for a
	 location less than three miles from another beekeeper's location and the
	 beekeeper whose location is within three miles of the location applied for may
	 be required to provide information for the secretary's
	 consideration.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3,
		38-18-3.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:04.01 - Transfer of permanent location permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may transfer previously registered permanent location
	 permits upon receipt of properly completed landowner permission forms,
	 applications, fees, and a two-year disease and location history with no lapse
	 in registration.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3,
		38-18-3.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:05 - Restricted permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue a restricted permit to an individual beekeeper
	 holding less than five permanent permits. An individual beekeeper with four
	 permanent permits may have one restricted permit. An individual beekeeper with
	 three permanent permits may have two restricted permits. An individual
	 beekeeper with two permanent permits may have three restricted permits. An
	 individual beekeeper with one permanent permit may have four restricted
	 permits. An individual beekeeper with no permanent permits may have five
	 restricted permits. No more than five restricted location permits may be issued
	 to an individual beekeeper in any given year.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:07 - Falsification of permit application

Current through Register Vol. 51, page 10, July 15, 2024
Falsification of a permit application or a landowner or lessee
	 authorization, or an attempt to hold oneself out as a landowner or to assign or
	 transfer landowner rights in order to evade the restrictions of SDCL
	 38-18-3.1, is sufficient cause for
	 denial of an application or cancellation of a permit issued pursuant to the
	 application.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3,
		38-18-13.
Forms to be used, §
											12:41:02:03.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:08 - Pollination permits

Current through Register Vol. 51, page 10, July 15, 2024
The length of a temporary pollination permit may not exceed 40 days.
	 The number of temporary pollination permits issued to a beekeeper may not
	 exceed 5 percent of the number of permanent locations approved for that
	 beekeeper. Except that a beekeeper with 1 to 5 approved permanent locations may
	 be issued one temporary pollination permit and a beekeeper with 6 to 39
	 permanent locations may be issued a second pollination
	 permit.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:09 - Denial of permanent permits whose purpose is securing territory

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may disapprove applications and may revoke permits for
	 permanent locations if the secretary determines that the applicant or permit
	 holder's purpose is to secure territory and obtain income primarily from the
	 sale or lease of locations and not the management of bees and the production of
	 honey.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:03 - Bee location permits › Section 12:41:03:10 - Revocation of permits

Current through Register Vol. 51, page 10, July 15, 2024
Bee location permits may be revoked if the locations do not have
	 colonies of bees located on them and they are not used for honey production two
	 out of the last five honey producing seasons. Beekeepers must indicate on their
	 application for registration the number of colonies they expect to place on
	 each location. Location permits may also be revoked if the apiaries located
	 pursuant to each location permit are abandoned or if the apiaries located
	 pursuant to each location permit are infected with a regulated pest and the
	 beekeeper has failed to take specific actions as ordered by the secretary
	 pursuant to SDCL
	 38-18-16. Bee location permits may
	 be revoked if the bees on that location were brought into the state without an
	 entrance permit, if the apiary is not identified, or if the landowner or lessee
	 authorization is invalid. The secretary may also deny applications and revoke
	 any permits for locations located within a quarantined area.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3,
		38-18-3.3,
		38-18-4,
		38-18-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:04 - Inspection of apiaries › Section 12:41:04:01 - Frequency of inspection

Current through Register Vol. 51, page 10, July 15, 2024
Every honey house and apiary may be inspected yearly or more often as
	 required by the secretary.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:04 - Inspection of apiaries › Section 12:41:04:02 - Number of colonies to be inspected

Current through Register Vol. 51, page 10, July 15, 2024
Ten percent of the total colonies in an apiary or a minimum of five
	 colonies unless fewer exist in the apiary shall be inspected. If a regulated
	 pest is found, the secretary may inspect all colonies in that apiary. The
	 secretary is not required to perform additional inspections.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:04 - Inspection of apiaries › Section 12:41:04:03 - Laboratory tests

Current through Register Vol. 51, page 10, July 15, 2024
An inspector may take a sample of bees or material from a hive
	 suspected of containing a regulated pest. Such samples shall be submitted to
	 the state health laboratory or to the secretary to test for the presence of
	 regulated pests. The findings of the state health laboratory or the secretary
	 shall determine whether or not a regulated pest is present.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:04 - Inspection of apiaries › Section 12:41:04:04 - Method for obtaining bee samples

Current through Register Vol. 51, page 10, July 15, 2024
Sampling of bees for examination shall be done in the following
	 manner:
(1) A composite sample shall
  be collected from each apiary selected for inspection;
(2) Samples shall be randomly collected from
  10 percent of the colonies in each apiary;
(3) If an apiary has less than 50 colonies, a
  composite sample shall be collected from a minimum of 5 colonies or from all
  colonies when the apiary has fewer than 5 colonies. If an apiary has more than
  50 colonies, one composite sample shall be collected from each 50 colonies or
  portion of 50 colonies;
(4) A
  minimum of 100 bees shall be collected from each selected colony;
(5) Samples shall consist of older worker
  bees;
(6) Samples shall be
  collected under the general supervision of the state apiarist or regulatory
  officials;
(7) One hundred bees
  from each composite sample shall be selected for microscopic
  examination.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:04 - Inspection of apiaries › Section 12:41:04:06 - Bees infested with varroa mite considered apparently free after treatment

Current through Register Vol. 51, page 10, July 15, 2024
Bees that have a varroa mite infestation as determined by an alcohol
	 wash, ether roll, or powdered sugar shake inspection method shall be treated
	 during a nonbrood cycle.
General Authority:
SDCL
		38-18-28,
		38-18-28.1.
Law Implemented:
SDCL
		38-18-28,
		38-18-28.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:01 - Doors and windows

Current through Register Vol. 51, page 10, July 15, 2024
Doors, windows, or other openings to the honey house shall be
	 constructed in a manner that prevents the entry of insects and
	 rodents.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:02 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Appliances and equipment shall be installed and operated in a manner
	 that prevents the accumulation of dust, odors, and gasses.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:03 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Honey houses shall be lighted to permit safe operation. Lights shall be
	 constructed and located so that honey is protected from contamination through
	 the breakage of light bulbs and other glass fixtures.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:04 - Interior walls, ceilings, and floors

Current through Register Vol. 51, page 10, July 15, 2024
The interior walls, ceilings, and floors of the honey house shall be
	 constructed of a washable material. Dirt floors are not permitted in any room
	 where honey is handled, extracted, or bottled. Floor drains shall connect to a
	 sewage system. Walls, ceilings, and floors shall be kept clean and in good
	 repair.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:05 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
A supply of clean water shall be provided for the cleaning of equipment
	 and premises.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:06 - Toilet and washroom facilities

Current through Register Vol. 51, page 10, July 15, 2024
All honey houses shall have toilet and washroom facilities located
	 either on the premises or within walking distance. Toilet facilities shall be
	 completely enclosed. A sink with hot and cold running water shall be provided.
	 Soap, clean towels, and a waste receptacle shall be provided. Toilet and
	 washroom facilities shall be kept clean and in good repair.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:07 - Honey house premises

Current through Register Vol. 51, page 10, July 15, 2024
Honey houses and the immediate premises shall be kept clean and free of
	 conditions that attract or permit the harborage of insects and
	 rodents.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:08 - Honey house interior

Current through Register Vol. 51, page 10, July 15, 2024
The interior of the honey house shall be kept free of insects and
	 rodents. Honey bees brought into or attracted to the honey house shall be
	 abated.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:09 - Honey supers

Current through Register Vol. 51, page 10, July 15, 2024
Honey supers shall be stored in a manner that is inaccessible to bees
	 or other insects and rodents, and kept clean and they shall be free from
	 contamination from pesticides and other harmful chemicals.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:10 - Equipment

Current through Register Vol. 51, page 10, July 15, 2024
Equipment used for handling, extracting, or bottling of honey shall be
	 kept clean and sanitary.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:11 - Protection of honey

Current through Register Vol. 51, page 10, July 15, 2024
Honey shall be protected from dust, dirt, insects, rodents, pesticides,
	 or other contamination during extracting, bottling, and
	 storage.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:12 - Containers

Current through Register Vol. 51, page 10, July 15, 2024
Honey may be placed only in clean and sanitary containers and only in
	 containers either intended or previously used for human food.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:05.01 - Honey house sanitation › Section 12:41:05.01:13 - Pest control

Current through Register Vol. 51, page 10, July 15, 2024
Only registered pesticides or approved methods may be used within the
	 honey house for control of pests. The use, storage, application, and disposal
	 of chemicals in any form shall be performed in accordance with label
	 instructions and without contamination of honey or honey-handling
	 equipment.
General Authority:
SDCL
		38-18-12,
		38-18-28.
Law Implemented:
SDCL
		38-18-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:06 - Contested case procedure › Section 12:41:06:01 - Initiation of contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
A person whose application for an entry permit or for a location is
	 refused, whose location permit is cancelled, who has another beekeeper applying
	 for a location within three miles of his location, or who has been ordered to
	 treat, destroy, or remove an apiary may request a contested case hearing before
	 the secretary, as set out in SDCL 1-26, regarding the refusal, cancellation,
	 application, or order of the secretary. A sufficient request shall include the
	 following:
(1) Identification of the
  entry permit or application that was refused, the location that was cancelled,
  the application being made, or the order of the secretary;
(2) A statement of the reason the refusal,
  cancellation, approval of a location, or the order of the secretary is in
  error;
(3) Data, if any, supporting
  the allegation that the refusal, cancellation, approval of a location, or order
  of the secretary is in error; and
(4) The name, address, telephone number, and
  signature of the person requesting the contested case hearing and his attorney
  if he is represented.
General Authority:
SDCL
		38-18-28.
Law Implemented:
SDCL
		38-18-3,
		38-18-4,
		38-18-16,
		38-18-16.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:06 - Contested case procedure › Section 12:41:06:04 - Amendment of application or registration

Current through Register Vol. 51, page 10, July 15, 2024
A person whose application for an entry permit or for a location is
	 refused or whose permit for a location is cancelled may amend the application
	 to bring it into compliance with SDCL 38-18 or article 12:41 whether or not a
	 contested case is initiated.
If a contested case is initiated, the application may be amended at any
	 stage of the contested case hearing procedure. The amendment shall be served on
	 all parties. If, in the opinion of the secretary, such an amendment brings the
	 application or registration into compliance with SDCL 38-18 or article 12:41,
	 the contested case hearing shall be dismissed without prejudice to any party.
	 If, in the opinion of the secretary, such 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
		38-18-28.
Law Implemented:
SDCL
		38-18-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:07 - Entrance permits › Section 12:41:07:07 - Entrance permits for bees in colonies infested with varroa mite

Current through Register Vol. 51, page 10, July 15, 2024
Entrance permits may be issued for bees in colonies infested with
	 varroa mite only after the bees are certified apparently free from varroa mite.
	 The certification must be based on an inspection by state regulatory officials
	 or independent third party of a minimum of five percent of the colonies using
	 the powdered sugar shake technique, alcohol wash, or ether roll technique.
	 Apparently free colonies are colonies infested with an average of less than ten
	 varroa mites. Colonies infested in excess of an average of ten varroa mites may
	 be issued an entrance permit after all of the colonies are treated. Colonies
	 may be certified apparently free upon observance of treatment in the
	 colonies.
General Authority:
SDCL
		38-18-28,
		38-18-28.1.
Law Implemented:
SDCL
		38-18-4,
		38-18-21,
		38-18-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:07 - Entrance permits › Section 12:41:07:09 - Entrance permits for bees in colonies infested with American foulbrood

Current through Register Vol. 51, page 10, July 15, 2024
Entrance permits may be issued for bees in colonies from states
	 infested with American foulbrood only after the bees are certified apparently
	 free of American foulbrood. The certification must be based on an inspection by
	 state regulatory officials or by an independent third party of the brood frames
	 of a minimum of five percent of the colonies.
General Authority:
SDCL
		38-18-28,
		38-18-28.1.
Law Implemented:
SDCL
		38-18-4,
		38-18-21,
		38-18-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:07 - Entrance permits › Section 12:41:07:10 - Entrance permits for queen bees and bees in combless packages

Current through Register Vol. 51, page 10, July 15, 2024
Entrance permits for queen bees and bees in combless packages from
	 states infested with varroa mite may be issued if parent colonies are certified
	 apparently mite free by a state regulatory official or independent third
	 party.
General Authority:
SDCL
		38-18-28,
		38-18-28.1.
Law Implemented:
SDCL
		38-18-4,
		38-18-21,
		38-18-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:07 - Entrance permits › Section 12:41:07:11 - Entrance permits for bees on comb from states infested with small hive beetle

Current through Register Vol. 51, page 10, July 15, 2024
Entrance permits may be issued for any bees from any small hive beetle
	 (SHB) infested area if the bees have been treated with a product that is
	 registered by the South Dakota Department of Agriculture for that use. Small
	 hive beetle treatments must be installed before shipment of colonies, left in
	 colonies during transit, and removed before placement of supers for surplus
	 honey flow.
General Authority:
SDCL
		38-18-28,
		38-18-28.1.
Law Implemented:
SDCL
		38-18-4,
		38-18-28.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:41 - Apiaries › Chapter 12:41:07 - Entrance permits › Section 12:41:07:12 - Entrance permits for bees included in a compliance agreement

Current through Register Vol. 51, page 10, July 15, 2024
An entrance permit may be issued for bees in colonies which have been
	 inspected in South Dakota within twelve months before entry and included in a
	 valid compliance agreement signed by the secretary and the
	 beekeeper.
General Authority:
SDCL
		38-18-28,
		38-18-28.1.
Law Implemented:
SDCL
		38-18-4,
		38-18-21,
		38-18-28.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:03 - Storage and handling of ammonia › Section 12:44:03:01 - Requirements for storage and handling of anhydrous ammonia

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for storage and handling of anhydrous ammonia are
	 those contained in 29 C.F.R.
	 §
										1910.111, July 1, 2010, The American
	 National Standard Safety Requirement for the Storage and Handling of Anhydrous
	 Ammonia, (ANSI) CGA-2.1-2014; and the Chemical Accident Prevention Provisions,
	 40 CFR Part 68, Subpart G, Risk Management Plan, July 1,
	 2010.
General Authority:
SDCL
		38-19-36.
Law Implemented:
SDCL
		38-19-36,
		38-19-37.
American National Standard Institute (ANSI) for " CGA-2.1-2014
		Safety Requirements for the Storage and Handling of Anhydrous Ammonia".
		Electronic copies may be purchased online at ANSI.org for $238 per copy or at
		ANSI 25 W 43rd Street,
		4th Floor, New York, NY
		10036.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 38-19-1 have the same meaning in
	 this chapter. In addition, terms used in this chapter mean:
(1) "Bulk commercial fertilizer storage
  facility," any area, location, tract of land, building, structure, or premises
  constructed in accordance with this chapter and used for the storage of bulk
  commercial fertilizer;
(2) "Bulk
  commercial fertilizer," any volume of a commercial fertilizer that is
  transported or held for resale in an immediate reusable container in undivided
  quantities greater than 100 pounds net dry weight or 55 U.S. gallons liquid
  measure;
(3) "Clay soil," a
  substance consisting of a mixture of the following components in the stated
  percentages of total soil weight: clay particles of the size of .02 mm or less
  (40 percent minimum); silt particles of the size of .05 mm to .002 mm (40
  percent maximum); fine sand particles of the size of .25 mm to .05 mm (45
  percent maximum);
(4) "Container,"
  a package, can, bottle, bag, barrel, drum, tank, building, or other containing
  device used to enclose a commercial fertilizer, but not spray application tanks
  and nurse tanks;
(5) "Liquid bulk
  commercial fertilizer," nitrogen solutions and liquid mixed fertilizers,
  including clear liquids, suspensions of solids in liquids, and slurry-type
  mixtures requiring constant stirring to keep the solids suspended in the
  liquid;
(6) "Nonpermanent bulk
  commercial fertilizer storage containers," mobile containers that are
  positioned on or are a part of movable equipment, such as trucks, trailers, and
  tank cars;
(7) "Permanent bulk
  commercial fertilizer storage containers," containers that are not positioned
  on or are not a part of movable equipment, such as trucks and trailers, but
  rest on solid ground or skid platforms;
(8) "Storage facility," a location where one
  or more permanent bulk commercial fertilizer storage containers capable of
  holding more than 300 gallons of liquid fertilizer or more than 100 pounds of
  nonliquid fertilizer are stored; and
(9) "Storage site," a location established
  before July 1, 1989, where one or more permanent bulk commercial fertilizer
  storage containers capable of holding more than 300 gallons of liquid
  fertilizer or more than 100 pounds of nonliquid fertilizer are
  stored.
General Authority:
SDCL
		38-19-36,
		38-19-36.1.
Law Implemented:
SDCL
		38-19-1,
		38-19-36,
		38-19-36.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:02 - Permanent liquid bulk commercial fertilizer storage containers

Current through Register Vol. 51, page 10, July 15, 2024
Individual permanent liquid bulk commercial fertilizer storage
	 containers, except anhydrous ammonia storage containers, capable of holding
	 more than 300 gallons must be located within a bulk commercial fertilizer
	 storage facility.
General Authority:
SDCL
		38-19-36,
		38-19-36.1.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1.