39-1-17. Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.
The provisions of South Dakota law and rules preempt any local legislation adopted by any political subdivision of the state that is related to the production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification, registration, application, planting, or disposal of seed as defined in §38-12A-1, commercial fertilizer as defined in §38-19-1, commercial feed as defined in §39-14-39, animal remedies as defined in §39-18-1, and pesticide as defined in §38-20A-1. No political subdivision may adopt or continue in effect any such local legislation regardless of whether a statute or a rule adopted by the state specifically preempts the local legislation. Local legislation in violation of this section is void and unenforceable. For purposes of this section, the term, local legislation, means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of the state.
Nothing in this section preempts or otherwise limits the authority of any county or municipality to adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions.
Source: SL 2006, ch 210, §1.
Structure South Dakota Codified Laws
Chapter 01 - Enforcement Powers And General Provisions
Section 39-1-1.1 - Division of Legal and Regulatory Services functions.
Section 39-1-2 - Disposition of fees received.
Section 39-1-3 - Source of payment for expenses of enforcement.
Section 39-1-4 - Promulgation of rules--Enforcement.
Section 39-1-7 - Prohibited contracts void--Action on contract prohibited.
Section 39-1-8 - Violation of title as misdemeanor.
Section 39-1-9 - Responsibility of employer for act or omission of agent or employee.
Section 39-1-10 - Access to premises and vehicles--Inspections, samples, and analyses.
Section 39-1-11 - Assistance to be rendered--Refusal of assistance as violation.
Section 39-1-12 - Interference with official performance of duty as misdemeanor.
Section 39-1-13 - Inspections and reports required of police officers--Payment of expenses.
Section 39-1-14 - Contraband articles subject to condemnation.