38-24A-14. Inspection powers of secretary--Notice.
To effectuate the purposes of this chapter, the secretary of agriculture and natural resources may, with a search warrant or the consent of the owner, make reasonable inspection of any property in this state. The secretary may, without a search warrant, with or without the assistance of any law enforcement agency, stop and inspect, in a reasonable manner, any means of conveyance moving within this state upon probable cause to believe it contains or carries any pest, host, or other article subject to the provisions of this chapter, and may make any other reasonable inspection of any premises or means of conveyance for which no search warrant is required. The secretary may, if he believes that a pest exists, investigate the suspected premises after giving written notice. Such notice is considered given if it is given to the owner or person in charge of the premises by personal service at least one day before entry, or if it is mailed by certified mail addressed to the last known address of the owner at least five days before entry.
Source: SL 1971, ch 220, §8; SL 1986, ch 334, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure 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-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-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.