38-1-46. Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking.
If either party requests the secretary of agriculture and natural resources to provide for the collection of samples under §38-1-45, or to participate in or conduct any other aspect of the sampling or analysis process, the secretary shall designate an employee or enter into an agreement with a person or entity to implement the specified activity as provided in rules under §38-1-49. The person or entity may be, but is not required to be, an employee or agency of the State of South Dakota. The patent holder shall pay the fee charged by the department under rules promulgated pursuant to §38-1-49. The farmer and the person holding the patent may each be present at any collection of samples conducted under §§38-1-44 to 38-1-50, inclusive, and each shall be notified of the time and location of the sample taking in a timely manner.
Source: SL 2002, ch 188, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 01 - State Department Of Agriculture And Natural Resources
Section 38-1-1 - Department continued--Office--Service of process--Seal.
Section 38-1-1.1 - Department continued--Performance of functions.
Section 38-1-2 - Secretary of agriculture and natural resources as head of department--Appointment.
Section 38-1-3 - Oath of secretary.
Section 38-1-4 - General duties of secretary.
Section 38-1-11 - Executive assistants--Oath.
Section 38-1-12 - Employment of inspectors and other employees.
Section 38-1-13 - Terms of office of executives and employees--Discharge--Salaries.
Section 38-1-14 - Traveling expenses of departmental personnel.
Section 38-1-16 - Promulgation of rules.
Section 38-1-19 - Collection and publication of agricultural and marketing statistics.
Section 38-1-24 - Publication of promotional materials--Exhibits.
Section 38-1-26 - Cooperation with State Fair Commission.
Section 38-1-29 - Apiaries and bees.
Section 38-1-30 - Cooperation with commissioner of school and public lands in forest protection.
Section 38-1-32 - Regulation of nursery stock.
Section 38-1-36 - Cooperation in protection of fish and game.
Section 38-1-38 - Representation of agricultural interests before federal agencies.
Section 38-1-38.1 - Principles of state before federal government.
Section 38-1-40 - Prosecution by secretary of violations--Security for costs not required.
Section 38-1-44 - Definition of terms.
Section 38-1-47 - Patent holder may seek protection order--Limitations.
Section 38-1-48 - Samples--Where taken.
Section 38-1-49 - Promulgation of rules.
Section 38-1-50 - Results to be sent to both parties by registered mail--Time.
Section 38-1-51 - Information received by secretary not public records.