Terms used in this chapter mean:

(1) “Bushel,” fiftysix pounds of corn by weight;

Terms Used In South Dakota Codified Laws 38-32-1

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(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.