38-24B-19. Finding of pest infestation--Notice--Orders to prevent spread and to treat or destroy plant material--Notice of orders--Violation as misdemeanor.
If the Department of Agriculture and Natural Resources finds on examination any nursery, nursery stock, orchard, small-fruit plantation, park, cemetery, or any private or public premises infested with pests, he shall notify in writing the owner or person having charge of such premises, to that effect. The department may prohibit and prevent the removal, shipment, or transportation of plant material and any other material from any private or public property for such periods and under such conditions as necessary in order to prevent the further spread of the infestation or infection. During the existence of such order no person may remove or ship any such material, except by special permission or direction of the secretary. The owner or person having charge of the premises shall within reasonable time after such notice treat them as the secretary of agriculture and natural resources directs or cause the removal and destruction of such plant material, if incapable of successful treatment. The secretary may also order treatment of any fields, premises, building, packing materials, or vehicles used in transporting infected material. Any notice or order issued by the secretary shall be delivered by personal service to the owner or person having charge of the premises or by certified mail to the last known address of the owner. A violation of this section is a Class 1 misdemeanor.
Source: SL 1985, ch 313, §19; SL 1986, ch 335, §7; 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.