38-10-2. Definition of terms.
Terms used in this chapter mean:
(1)"Commercial channels," the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat;
(2)"Commission" or "wheat commission," the Wheat Utilization, Research and Market Development Commission;
(3)"First purchaser," any person, public or private corporation, or partnership buying, accepting for shipment (either in state or out of state), or otherwise acquiring the property in or to wheat from a grower. The term includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, if the actual or constructive possession of the wheat is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim;
(4)"Grower," anyone personally engaged in growing wheat, including both the owner and tenant jointly, a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and any other business units, devices, and arrangements;
(5)"Participating grower," a grower who has not requested a refund from the payment of the promotional fee for the past three years; and
(6)"Net market price," the sale price received by a grower for wheat after adjustment for any premium or discount based on grading or quality factors.
Source: SL 1961, ch 11, §3; SL 1993, ch 302, §1; SL 1994, ch 351, §90; SL 2014, ch 193, §1.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 10 - Wheat Development And Promotion
Section 38-10-1 - Policy of state.
Section 38-10-2 - Definition of terms.
Section 38-10-3 - Wheat commission--Members--Terms of office.
Section 38-10-3.1 - Independent functions retained by commission.
Section 38-10-4 - Qualifications of appointive members of commission.
Section 38-10-5 - Supervision of executive director.
Section 38-10-6 - Areas represented by appointive members of commission.
Section 38-10-7 - Terms of office of appointive members of commission--Vacancies.
Section 38-10-8 - Removal of wheat commission member.
Section 38-10-9 - Ex officio members of wheat commission--No vote.
Section 38-10-11 - Officers of wheat commission--Meetings.
Section 38-10-12 - Appointment of executive director--Compensation.
Section 38-10-14 - Powers of commission.
Section 38-10-15 - Formulation of general policies and programs for wheat promotion.
Section 38-10-16 - Wheat research and market development.
Section 38-10-17 - Research restricted to cooperation with other agencies.
Section 38-10-18 - Education and publicity program.
Section 38-10-19 - Cooperation with public and private organizations--Contracts.
Section 38-10-20 - Rules and regulations adopted by commission.
Section 38-10-21 - Commission records kept.
Section 38-10-23 - Sales to federal government exempt from fee.
Section 38-10-24 - Fee applicable to wheat stored or sold outside state--Collection from grower.
Section 38-10-25 - Proof of purchase delivered by purchaser to grower--Contents.
Section 38-10-26 - Alteration of proof of purchase documents as misdemeanor.
Section 38-10-27 - Quarterly reports by wheat purchasers--Payment of fee.
Section 38-10-29 - Supplemental and alternate forms used by commodity credit corporation.
Section 38-10-31 - Fee paid at time of federal loan as complete satisfaction.
Section 38-10-32 - Minor errors in fee collection overlooked.
Section 38-10-35 - Deposit and appropriation of fees.
Section 38-10-37 - Violation of chapter as misdemeanor.
Section 38-10-38 - Citation of chapter.
Section 38-10-39 - Commission financial reports--Annual audit.