38-19-12. Annual tonnage report--Inspection fees.
Each licensed distributor of commercial fertilizer shall file with the secretary of agriculture and natural resources on forms furnished by the secretary an annual statement for the period ending December thirty-first setting forth the number of net tons of each grade of commercial fertilizer distributed in this state during the reporting period. The report is due on or before the thirty-first of January following the close of the reporting period and on the basis of the statement each licensed distributor of commercial fertilizer shall pay the inspection fee at the rate pursuant to §38-19-10. If more than one person is involved in the distribution of a commercial fertilizer, the distributor who imports, manufactures, or produces the commercial fertilizer is responsible for the inspection fee on products produced or brought into this state. The distributor shall separately list the inspection fee on the invoice to the licensee. The last licensee shall retain the invoices showing proof of inspection fees paid for three years and shall pay the inspection fee on commercial fertilizer brought into this state unless the distributor has reported and paid the fees. If the tonnage report is not filed and the payment of inspection fee is not made within thirty days after the end of the period, a collection fee amounting to ten percent of the amount shall be assessed against the licensee and the amount of fees due constitutes a debt and becomes the basis of a judgment against the licensee. However, the minimum inspection fee is ten dollars. The secretary may verify the records on which statements of tonnage are based and each licensed distributor of commercial fertilizer shall grant the secretary permission to verify the records on the licensee's application for license and on each tonnage report. The secretary may revoke or refuse to renew the license of any licensee failing to comply with this section. No information furnished under this section may be disclosed by the secretary or anyone having access to tonnage reports if the disclosure will in any way divulge any part of the operations of a licensee.
Source: SL 1949, ch 85, §4; SDC Supp 1960, §22.1704 (1); SL 1982, ch 281, §17; SL 2001, ch 215, §36; SL 2015, ch 203, §15; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 19 - Commercial Fertilizer
Section 38-19-1 - Definition of terms.
Section 38-19-5 - Guaranteed analysis defined.
Section 38-19-10 - Inspection fee on fertilizer distributed in state--Rules.
Section 38-19-10.1 - Additional inspection fee deposited in precision agriculture fund.
Section 38-19-12 - Annual tonnage report--Inspection fees.
Section 38-19-14 - Fertilizer fund--Administration--Expenditures.
Section 38-19-15 - Labels required for fertilizer in containers--Contents.
Section 38-19-17 - Fertilizer deemed misbranded.
Section 38-19-18 - Fertilizer deemed adulterated.
Section 38-19-19 - Sale or distribution of adulterated or misbranded fertilizer as misdemeanor.
Section 38-19-24 - Intimate and uniform mixture required in custom mixing.
Section 38-19-26 - Guaranteed analysis of custom mix or fertilizer materials.
Section 38-19-27 - Sales and exchanges to manufacturers and mixers exempt from requirements.
Section 38-19-30 - Inspection and sampling to determine compliance with chapter.
Section 38-19-30.1 - Proof of claims required of licensed applicant or registrant--Sources of proof.
Section 38-19-32 - Examination of samples and reports by director of laboratories.
Section 38-19-33 - Analytical methods used by director of laboratories.
Section 38-19-34 - Publication of analyses--Dissemination of information.
Section 38-19-36 - Rules and regulations for labeling, storage, and distribution.
Section 38-19-36.1 - Rules for siting of ammonia, fertilizer, and fertilizer production facilities.
Section 38-19-36.3 - Civil penalty--Injunctive relief.
Section 38-19-36.4 - "Anhydrous ammonia" defined.
Section 38-19-36.9 - Owner of anhydrous ammonia defined.
Section 38-19-36.10 - Tampering defined.
Section 38-19-37 - Secretary charged with enforcement--Access to property and records.
Section 38-19-37.1 - Secretary to be given copies of labels and labeling.
Section 38-19-38 - Stop-sale orders against fertilizer in violation.
Section 38-19-40 - Injunction to prevent violations.
Section 38-19-41 - Violation of chapter, rule or regulation as misdemeanor.
Section 38-19-43 - Discretion in prosecution of minor violations--Warning.
Section 38-19-45 - Severability of provisions.
Section 38-19-48 - Nutrient research and education fund created.
Section 38-19-50 - Nutrient Research and Education Council created--Membership.
Section 38-19-51 - Duties of Nutrient Research and Education Council.