South Dakota Codified Laws
Chapter 19 - Commercial Fertilizer
Section 38-19-16 - Information to accompany bulk shipments--Fertilizer formulated under specifications furnished by consumer.

38-19-16. Information to accompany bulk shipments--Fertilizer formulated under specifications furnished by consumer.
In the case of bulk shipments, a label stating the information required by §38-19-15 shall accompany delivery and be supplied to the purchaser at time of delivery in written or printed form. A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the licensee or registrant.

Source: SL 1949, ch 85, §5; SDC Supp 1960, §22.1705(2); SL 1982, ch 281, §20; SL 1986, ch 331, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 38 - Agriculture and Horticulture

Chapter 19 - Commercial Fertilizer

Section 38-19-1 - Definition of terms.

Section 38-19-2.1 - Commercial fertilizer distribution license required--Fee--Penalty for violation--Notice.

Section 38-19-2.2 - Name and address required on application for distribution license and to appear on other materials of licensee.

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 38-19-16 - Information to accompany bulk shipments--Fertilizer formulated under specifications furnished by consumer.

Section 38-19-16.1 - Labeling requirements applied to sewage sludge distributor--Availability of analyses.

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 38-19-28 - Recommendation of grades of fertilizers for use in state--Publication of recommended lists.

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 38-19-31 - Manner of drawing and sealing official samples--Forwarding to director of laboratories.

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 38-19-35 - Annual publication of fertilizer data and analysis results--Separation by semiannual periods.

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 38-19-36.2 - Operation of bulk commercial fertilizer storage facility without permit prohibited-- Rules--Revocation of permit--Violation as misdemeanor.

Section 38-19-36.3 - Civil penalty--Injunctive relief.

Section 38-19-36.4 - "Anhydrous ammonia" defined.

Section 38-19-36.5 - Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty.

Section 38-19-36.6 - Action for damages against certain persons unavailable to person who tampers with equipment.

Section 38-19-36.7 - Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia.

Section 38-19-36.8 - Assumption of risk by person tampering with anhydrous ammonia--Immunity from liability for owners.

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 38-19-39 - Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant.

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 38-19-46 - Promulgation of rules for transportation, use, application, disposal, or notice of fertilizer application.

Section 38-19-47 - Refusal or cancellation of commercial fertilizer distribution license for noncompliance--Opportunity to be heard.

Section 38-19-48 - Nutrient research and education fund created.

Section 38-19-49 - Deposit of inspection fees into nutrient research and education fund--Purposes of disbursements.

Section 38-19-50 - Nutrient Research and Education Council created--Membership.

Section 38-19-51 - Duties of Nutrient Research and Education Council.