South Dakota Codified Laws
Chapter 01 - Enforcement Powers And General Provisions
Section 39-1-4 - Promulgation of rules--Enforcement.

39-1-4. Promulgation of rules--Enforcement.
The secretary of agriculture and natural resources may, except as provided by §39-1-1.1, adopt such rules as may be necessary for the proper and effective enforcement of this title. All such rules shall become effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of agriculture and natural resources adopted pursuant to this section may be enforced by proper legal procedure in court.
The secretary of agriculture and natural resources may adopt such rules as may be necessary for the proper and effective enforcement relating to bottled water quality. All such rules shall become effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of agriculture and natural resources adopted pursuant to this section may be enforced by proper legal procedure in court.

Source: SL 1917, ch 242, §3; RC 1919, §7793; SDC 1939, §22.0102; SL 1949, ch 81, §1; SDC Supp 1960, §22.0102 (1); SL 1987, ch 29, §67; SL 2015, ch 277 (Ex. Ord. 15-1), §40, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 51, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 39 - Food and Drugs

Chapter 01 - Enforcement Powers And General Provisions

Section 39-1-1 - Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers.

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 39-1-5 - Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.

Section 39-1-6 - Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.

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.

Section 39-1-15 - Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense.

Section 39-1-16 - Petition to court for condemnation of seized or quarantined articles--Hearing and order.

Section 39-1-17 - Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.