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.
Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiary or before moving bees into the state and shall contain each location by legal description, the name of the landowner or lessee of the location, the number of colonies of bees in each apiary, and any other information required by the secretary. The landowner or lessee authorizing the placement of an apiary on a location may revoke the authorization by notifying the owner of the apiary and the secretary in writing. Such revocation of authorization by a landowner or lessee is not sufficient justification for a contested case hearing. If any person fails to register an apiary within the time specified by this section, the landowner authorization for that location is invalid.
A registration application shall be approved or rejected by the secretary in compliance with this chapter or rules promulgated pursuant to chapter 1-26. The secretary may deny applications, revoke permits, or conduct contested case hearings in accordance with rules promulgated pursuant to chapter 1-26. Any person failing to register an apiary or bees pursuant to this section is guilty of a Class 2 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a civil penalty not to exceed five hundred dollars for each location that the person has failed to register.
Source: SL 1945, ch 10, §2; SL 1947, ch 6, §4; SL 1953, ch 6; SL 1959, ch 2, §4; SDC Supp 1960, §4.1104; SL 1961, ch 4; SL 1963, ch 4; SL 1965, ch 5; SL 1976, ch 243, §3; SL 1983, ch 280, §2; SL 1986, ch 326, §22; SL 1986, ch 330, §2; SL 1989, ch 344, §1; SL 1992, ch 280, §2; SL 2001, ch 215, §3.
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.