South Dakota Codified Laws
Chapter 19A - Soil Amendments
Section 38-19A-9 - Proof required of claims or usefulness and value--Evidence of proof.

38-19A-9. Proof required of claims or usefulness and value--Evidence of proof.
The secretary of agriculture and natural resources may require proof of claims made for any soil amendment. If no claim is made, he may, nevertheless, require proof of usefulness and value as a soil amendment. For evidence of proof the secretary may rely on experimental data, evaluations, or advice supplied from the agricultural experiment station. The experimental results shall be applicable to such regional conditions as to which the product is intended. The secretary may accept other sources of proof as additional evidence in evaluating soil amendments.

Source: SL 1976, ch 244, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 38 - Agriculture and Horticulture

Chapter 19A - Soil Amendments

Section 38-19A-1 - Definition of terms.

Section 38-19A-2 - Distribution of adulterated soil amendments prohibited--Adulteration defined.

Section 38-19A-3 - Distribution of misbranded soil amendments prohibited--Misbranding defined.

Section 38-19A-4 - Registration of soil conditioners required before distribution--Application--Fee--Expiration--Labels and advertising literature submitted.

Section 38-19A-5 - Duplicate registration not required if labels do not differ.

Section 38-19A-6 - Minimum ingredients required for registration of soil amendments.

Section 38-19A-7 - Label required--Contents.

Section 38-19A-8 - False or misleading statements, labeling, advertising, or oral claims prohibited.

Section 38-19A-9 - Proof required of claims or usefulness and value--Evidence of proof.

Section 38-19A-10 - Approval required for listing or guaranteeing of ingredients on labels--Supportive data--Inspection and analysis--Quantities of ingredients required.

Section 38-19A-11 - Annual tonnage statement--Inspection fees.

Section 38-19A-12 - Failure to file, false filing, or failure to pay inspection fee as grounds for registration revocation.

Section 38-19A-13 - Inspection and analysis of soil amendments by secretary--Entry upon premises or carriers.

Section 38-19A-14 - Refusal of registration if soil amendment violates chapter or rules--Cancellation for fraud or deceptive practices--Hearing before revocation.

Section 38-19A-15 - Rules and regulations.

Section 38-19A-16 - Violation of chapter as misdemeanor.

Section 38-19A-17 - Stop sale, use or removal order--Duration--Release of withdrawn soil amendment--Costs and expenses.

Section 38-19A-18 - Deposit of fees.

Section 38-19A-19 - Analyses of lime or lime sludge compost provided by distributor.