South Dakota Codified Laws
Chapter 24B - Nursery Stock And Plant Pest Control
Section 38-24B-21 - Damages for loss of infested or defective stock prohibited.

38-24B-21. Damages for loss of infested or defective stock prohibited.
No damages may be awarded to the owner for the loss of any infested or infected, nonviable, damaged or desiccated nursery stock, decorative plant, annual plant, sod, or related plant products under this chapter.

Source: SL 1985, ch 313, ยง21.

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Structure South Dakota Codified Laws

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-3 - Pests as public nuisances--Permitting existence of pests prohibited--Distributing infested plant products prohibited--Violation as misdemeanor.

Section 38-24B-4 - Misrepresentation of nursery stock and plants offered for distribution--Violation as misdemeanor.

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-10 - Inspection and certification sales by nonprofit organizations--Violations as misdemeanors.

Section 38-24B-11 - Certain applicants prohibited from receiving license or certificate of inspection.

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-15 - Importation of plants--Certificate or copy to be attached--Violation as misdemeanor.

Section 38-24B-16 - Accepting plants for shipment without certificate prohibited--Carrier to report imported plants without indicia of inspection--Quarantine--Disposition--Violation as misdemeanor.

Section 38-24B-17 - Inspection of nurseries, places of possible pest infestation and nursery stock--Hindering as misdemeanor.

Section 38-24B-18 - Withholding certificate where pests discovered--Prohibiting distribution of infested or defective stock.

Section 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.

Section 38-24B-20 - Treatment or destruction by secretary on failure of owner--Strict liability for costs--Assessment, collection, and disposition.

Section 38-24B-21 - Damages for loss of infested or defective stock prohibited.

Section 38-24B-22 - Seller to furnish documents showing point of origin of stock--Violation as misdemeanor.

Section 38-24B-23 - Seller of infested stock to furnish names and addresses of buyers--Violation as misdemeanor.

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.