38-19-31. Manner of drawing and sealing official samples--Forwarding to director of laboratories.
An official fertilizer sample shall be one drawn in the manner prescribed by the secretary of agriculture and natural resources from a lot or shipment of fertilizer sold or exposed for sale in this state. In sampling a lot of commercial fertilizer packaged in small containers (less than five pounds each) a single package may constitute the official sample. All samples collected shall be sealed and marked with identifying marks in the presence of the dealer or person from whom taken, and shall be promptly forwarded to the director of laboratories for examination.
Source: SL 1949, ch 85, §7; SDC Supp 1960, §22.1707 (2); 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.