38-32-1. Definitions.
Terms used in this chapter mean:
(1)"Bushel," fifty-six pounds of corn by weight;
(2)"Corn," all varieties of corn marketed within the state except sweet corn, popcorn, or seed corn;
(3)"Council," the South Dakota Corn Utilization Council;
(4)"First purchaser," any person who buys, accepts for shipment, or otherwise acquires corn from a grower, except any mortgagee, pledgee, lienor, or other person having a claim against a grower if actual or constructive possession of such corn is taken as partial payment or in satisfaction of such mortgage, pledge, lien, or claim. However, first purchaser does not include sales between growers not for resale;
(5)"Grower," any person who plants, raises, and harvests corn;
(6)"Participating grower," a grower who has not requested a refund from the payment of assessments on corn production under this chapter for a particular year, and any person who owns or operates an agricultural producing or growing facility for corn and shares in the profits and risks of loss from such operation, and who produces corn in South Dakota during the current or preceding marketing year;
(7)"Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources.
Source: SL 1988, ch 318, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 32 - Corn Utilization Council
Section 38-32-1 - Definitions.
Section 38-32-2 - Corn utilization council established--Composition--Election--Secretary.
Section 38-32-3.2 - Absentee voting.
Section 38-32-3.3 - Voting eligibility of participating growers--Affidavit.
Section 38-32-6 - Notice of subsequent elections.
Section 38-32-6.1 - Notice of pending expiration of term--Time--Required information.
Section 38-32-7 - Receipt of highest number of votes by winning candidate--Terms of directors.
Section 38-32-9 - Districts from which directors elected.
Section 38-32-9.1 - Assignment of directors during transition.
Section 38-32-11 - President and officers--Quorum--Calling of meetings.
Section 38-32-12 - Deposit of funds--Appropriation--Expenditures.
Section 38-32-13 - Powers of council.
Section 38-32-14 - Promulgation of rules.
Section 38-32-15 - Assessment on corn marketed to first purchaser within state.
Section 38-32-16 - Deduction of assessment from purchase price.
Section 38-32-17 - Application to be filed by first purchaser--Contents.
Section 38-32-19 - Enforcement of collection.
Section 38-32-20 - Refund to grower--Application--When refund made.
Section 38-32-22 - Compensation and expenses for corn utilization council.
Section 38-32-23 - Nomination of directors by petition--Certification--Ballot position.