South Dakota Codified Laws
Chapter 24A - Plant Quarantine And Treatment
Section 38-24A-1 - Definition of terms.

38-24A-1. Definition of terms.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1)"Certificate," a document issued or authorized by the secretary indicating that a regulated article is not contaminated with a pest and is eligible for movement;
(2)"Designated agent," any United States government agency or employee or any individual or member of any agency or organization commissioned by the secretary of agriculture and natural resources to aid in the enforcement of the provisions of this chapter;
(3)"Host," any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle;
(4)"Infested," actually infested or infected with a pest in any amount or quantity or so exposed to infestation that it would be reasonable to believe that an infestation exists;
(5)"Move," to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved;
(6)"Permit," a document issued or authorized by the secretary to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing;
(7)"Pest," any animal, plant, insect, or infectious transmissible or contagious disease, or other organism, causing or capable of causing injury or which is or may be dangerous or detrimental to the plant industry of the state;
(8)"Regulated article," any article of any character as described in a quarantine carrying or capable of carrying the pest against which a quarantine is directed;
(9)"Regulated pest," a pest which the secretary determines is sufficiently detrimental to the plant industry of the state to warrant control or eradication measures.

Source: SL 1971, ch 220, §1; SL 1986, ch 334, §1; 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 24A - Plant Quarantine And Treatment

Section 38-24A-1 - Definition of terms.

Section 38-24A-2 - Administration by secretary--Delegation of authority--Rules and regulations.

Section 38-24A-3 - Suppression and control activities authorized.

Section 38-24A-4 - Cooperation with other agencies--Expenditure of funds.

Section 38-24A-5 - Interstate cooperation in control activities.

Section 38-24A-6 - Quarantines and embargoes authorized.

Section 38-24A-7 - Limitation of quarantined area--Extension.

Section 38-24A-9 - Scope of rules relating to regulated area--Publication of notice.

Section 38-24A-9.1 - Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable.

Section 38-24A-10 - Movements contrary to quarantine rules prohibited.

Section 38-24A-11 - Quarantine violation as misdemeanor.

Section 38-24A-12 - Seizure and treatment or disposal of infested articles--Notice to owner.

Section 38-24A-12.1 - Liability for expenses of seizure, treatment, etc.--Assessment and collection--Penalties--Tax list as presumptive evidence of liability of land.

Section 38-24A-13 - Public notice of large-scale treatment operations.

Section 38-24A-14 - Inspection powers of secretary--Notice.

Section 38-24A-15 - Issuance of search warrants.

Section 38-24A-16 - Compensation for uninfested articles destroyed.

Section 38-24A-17 - Violation as misdemeanor--Civil liability for damages.

Section 38-24A-18 - Severability of provisions.

Section 38-24A-19 - Citation of chapter--Additional to other powers.

Section 38-24A-20 - Special certificates on plants for export.

Section 38-24A-21 - Inspection of plants intended for export--Certificate--Fees.