South Dakota Codified Laws
Chapter 18 - Apiaries
Section 38-18-16 - Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees.

38-18-16. Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees.
If any regulated pest is found to exist in an apiary, the secretary shall issue a written order to the person owning or in charge of the bees that the apiary or regulated pest shall be treated, destroyed or removed in a manner and time specified by the secretary. If the specified actions in the order are not performed, the secretary may destroy the apiary or regulated pest and may claim and utilize or sell all salvageable equipment and bees to recover the costs accrued to the department as a result of the destruction activities.

Source: SL 1909, ch 221, §2; RC 1919, §8051; SL 1927, ch 62, §1; SL 1931, ch 93; SDC 1939, §4.1102; SL 1947, ch 6, §3; SL 1959, ch 2, §3; SDC Supp 1960, §4.1103; SL 1976, ch 243, §11; SL 1986, ch 330, §18; SL 1992, ch 280, §7.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 38 - Agriculture and Horticulture

Chapter 18 - Apiaries

Section 38-18-1 - Definition of terms.

Section 38-18-3 - Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty.

Section 38-18-3.1 - Minimum distance between apiaries--Beekeepers excepted on own property.

Section 38-18-3.3 - Identification of apiary--Violation as misdemeanor.

Section 38-18-3.4 - Abandoned apiary--Destruction, treatment or seizure of bees and equipment.

Section 38-18-4 - Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty.

Section 38-18-5 - Registration fee.

Section 38-18-5.1 - Apiary fund established--Purpose--Appropriations.

Section 38-18-8 - Movable frames required in hives--Violation as misdemeanor.

Section 38-18-9 - Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.

Section 38-18-10 - Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty.

Section 38-18-11 - Exposure of infected bees or equipment as misdemeanor--Additional penalty.

Section 38-18-12 - Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state.

Section 38-18-13 - False information or hindering of enforcement as misdemeanor.

Section 38-18-14 - Access of departmental personnel to premises and apiaries.

Section 38-18-15 - Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.

Section 38-18-16 - Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees.

Section 38-18-16.1 - Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order.

Section 38-18-16.2 - Failure to comply with order--Strict liability for costs of destruction.

Section 38-18-19 - Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary.

Section 38-18-20 - Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.

Section 38-18-21 - Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor.

Section 38-18-23 - Certificate of health--Content--Based on actual inspection.

Section 38-18-25 - Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs.

Section 38-18-26 - Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor.

Section 38-18-27 - Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses.

Section 38-18-28 - Promulgation of rules by secretary.

Section 38-18-28.1 - Restriction on movement of bees and related articles from quarantined area--Promulgation of rules.

Section 38-18-31 - Promotion of honey and by-products.

Section 38-18-32 - Definitions.

Section 38-18-33 - Honey industry fund.

Section 38-18-34 - Administration of honey industry fund--Donation--Expenditures.

Section 38-18-35 - Promulgation of rules for honey industry fund.

Section 38-18-36 - Annual honey assessment.

Section 38-18-37 - Dissemination of information and instruction concerning honey assessment.