38-24B-16. Accepting plants for shipment without certificate prohibited--Carrier to report imported plants without indicia of inspection--Quarantine--Disposition--Violation as misdemeanor.
No person may accept for shipment any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution without a valid certificate affixed to the bill of lading or on the outside of the package, bale, box, or car containing the shipment showing that the contents have been inspected by an official state or federal inspector. In case any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution is shipped into this state from another state or country, without a valid certificate of inspection the fact shall be promptly reported to the Department of Agriculture and Natural Resources by the person carrying that shipment. The secretary of agriculture and natural resources may quarantine such shipment and order it held for inspection. Following inspection, the secretary may direct that the shipment be removed from the state or destroyed pursuant to this chapter. A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 313, §16; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 24B - Nursery Stock And Plant Pest Control
Section 38-24B-1 - Definitions.
Section 38-24B-2 - Promulgation of rules.
Section 38-24B-5 - License required to sell or distribute nursery stock--Violation as misdemeanor.
Section 38-24B-6 - Application for license.
Section 38-24B-7 - Issuance of license--Annual fee.
Section 38-24B-7.1 - Certificate of inspection_Fee.
Section 38-24B-8 - Separate certificate for each sale location--Display--Violation as misdemeanor.
Section 38-24B-9 - License for out-of-state nurseryman--Fee--Waiver.
Section 38-24B-12 - Growers and dealers--Certificate of inspection--Fees.
Section 38-24B-13 - Revocation of license--Hearing--Notice--Temporary cease and desist order.
Section 38-24B-14 - Term of license.
Section 38-24B-21 - Damages for loss of infested or defective stock prohibited.
Section 38-24B-24 - Use of information.
Section 38-24B-25 - Agreements for certification of out-of-state and foreign nurserymen.
Section 38-24B-26 - Shipments of stock received from foreign country--Notice--Quarantine.
Section 38-24B-29 - Violation of chapter--Revocation of license--Liability for damages.
Section 38-24B-30 - Nursery fund established--Purpose--Appropriations.