38-24B-18. Withholding certificate where pests discovered--Prohibiting distribution of infested or defective stock.
If any pests are discovered in any nursery, the certificate of inspection shall be withheld until the pest has been abated, as provided in this chapter. The secretary of agriculture and natural resources may prohibit the sale or distribution of any nursery stock if upon inspection it is found to be so infested by pests or to be nonviable or damaged or desiccated so as to be incapable of normal growth if given reasonable care. The secretary may order it removed from sale, treated, or destroyed.
Source: SL 1985, ch 313, §18; 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.