South Dakota Codified Laws
Chapter 24B - Nursery Stock And Plant Pest Control
Section 38-24B-29 - Violation of chapter--Revocation of license--Liability for damages.

38-24B-29. Violation of chapter--Revocation of license--Liability for damages.
If a nurseryman violates the provisions of this chapter, the nurseryman's license may be cancelled or revoked pursuant to chapter 1-26. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter.

Source: SL 1985, ch 313, §29; SL 2016, ch 202, §10.

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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.