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.
Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees are found by the secretary to be infested by a regulated pest, the secretary may forthwith destroy the bees and bee equipment or may order treatment of the bees. Following seizure, the secretary shall serve notice upon the owner, if known, by certified mail, return receipt requested, and if the owner is unknown, publish in the county where the apiary is located, a notice of seizure. The notice shall describe the apiary, the original location of the apiary, and the date and time of a hearing, to be conducted pursuant to chapter 1-26, at which any person may make claim to the apiary. If the apiary is not claimed, it is considered abandoned and the secretary may utilize or sell the bees and equipment. If the apiary is shown to be owned by a particular person, the secretary shall order the owner to comply with the provisions of this chapter or to remove the bees from the state within ten days. In addition the secretary shall, before releasing the apiary to the owner, assess against the owner of the bees the costs of seizure, treatment or destruction of the bees.
Source: SL 1947, ch 6, §18; SDC Supp 1960, §4.9908; SL 1983, ch 280, §4; SL 1986, ch 330, §29; SL 1989, ch 344, §5; SL 1992, ch 280, §10.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Section 38-18-1 - Definition of terms.
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 38-18-5 - 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 38-18-11 - Exposure of infected bees or equipment as misdemeanor--Additional penalty.
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 38-18-16.2 - Failure to comply with order--Strict liability for costs of destruction.
Section 38-18-23 - Certificate of health--Content--Based on actual inspection.
Section 38-18-28 - Promulgation of rules by secretary.
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.