38-24A-9.1. Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable.
Other provisions of this chapter and the provisions of chapter 1-26 notwithstanding, the secretary may adopt emergency measures to quarantine or otherwise control plant infestations on an emergency basis. Such measures shall be subject to a public hearing, which shall be held within twenty-one days of implementation of such measures, but no official decision need be undertaken at the conclusion of such hearing. Notice of such hearing shall be published at least once in at least one official newspaper in the infested area. Such emergency measures shall be valid for a period of ninety days from implementation of the measures. After ninety days, such measures shall be subject to the rule-making procedures of chapter 1-26.
Source: SL 1986, ch 326, ยง54.
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.