§ 38-19-1 Definition of terms
§ 38-19-2.1 Commercial fertilizer distribution license required–Fee–Penalty for violation–Notice
§ 38-19-2.2 Name and address required on application for distribution license and to appear onother materials of licensee
§ 38-19-5 Guaranteed analysis defined
§ 38-19-12 Annual tonnage report–Inspection fees
§ 38-19-14 Fertilizer fund–Administration–Expenditures
§ 38-19-15 Labels required for fertilizer in containers–Contents
§ 38-19-16 Information to accompany bulk shipments–Fertilizer formulated under specificationsfurnished by consumer
§ 38-19-16.1 Labeling requirements applied to sewage sludge distributor–Availability of analyses
§ 38-19-17 Fertilizer deemed misbranded
§ 38-19-18 Fertilizer deemed adulterated
§ 38-19-19 Sale or distribution of adulterated or misbranded fertilizer as misdemeanor
§ 38-19-24 Intimate and uniform mixture required in custom mixing
§ 38-19-26 Guaranteed analysis of custom mix or fertilizer materials
§ 38-19-27 Sales and exchanges to manufacturers and mixers exempt from requirements
§ 38-19-28 Recommendation of grades of fertilizers for use in state–Publication ofrecommended lists
§ 38-19-30 Inspection and sampling to determine compliance with chapter
§ 38-19-30.1 Proof of claims required of licensed applicant or registrant–Sources of proof
§ 38-19-31 Manner of drawing and sealing official samples–Forwarding to director oflaboratories
§ 38-19-32 Examination of samples and reports by director of laboratories
§ 38-19-33 Analytical methods used by director of laboratories
§ 38-19-34 Publication of analyses–Dissemination of information
§ 38-19-35 Annual publication of fertilizer data and analysis results–Separation by semiannualperiods
§ 38-19-36 Rules and regulations for labeling, storage, and distribution
§ 38-19-36.1 Rules for siting of ammonia, fertilizer, and fertilizer production facilities
§ 38-19-36.2 Operation of bulk commercial fertilizer storage facility without permit prohibited–Rules–Revocation of permit–Violation as misdemeanor
§ 38-19-36.3 Civil penalty–Injunctive relief
§ 38-19-36.4 “Anhydrous ammonia” defined
§ 38-19-36.5 Mishandling anhydrous ammonia or tampering with equipment and facilitiesprohibited–Violation as felony–Civil penalty
§ 38-19-36.6 Action for damages against certain persons unavailable to person who tampers withequipment
§ 38-19-36.7 Section 38-19-36.6 not applicable against unlawful possessor of anhydrous ammonia
§ 38-19-36.8 Assumption of risk by person tampering with anhydrous ammonia–Immunity fromliability for owners
§ 38-19-36.9 Owner of anhydrous ammonia defined
§ 38-19-36.10 Tampering defined
§ 38-19-37 Secretary charged with enforcement–Access to property and records
§ 38-19-37.1 Secretary to be given copies of labels and labeling
§ 38-19-38 Stop-sale orders against fertilizer in violation
§ 38-19-39 Seizure and condemnation of fertilizer in violation–Disposal–Release to claimant
§ 38-19-40 Injunction to prevent violations
§ 38-19-41 Violation of chapter, rule or regulation as misdemeanor
§ 38-19-43 Discretion in prosecution of minor violations–Warning
§ 38-19-45 Severability of provisions
§ 38-19-46 Promulgation of rules for transportation, use, application, disposal, or notice offertilizer application
§ 38-19-47 Refusal or cancellation of commercial fertilizer distribution license fornoncompliance–Opportunity to be heard
§ 38-19-48 Nutrient research and education fund created
§ 38-19-49 Deposit of inspection fees into nutrient research and education fund–Purposes ofdisbursements
§ 38-19-50 Nutrient Research and Education Council created–Membership
§ 38-19-51 Duties of Nutrient Research and Education Council

Terms Used In South Dakota Codified Laws > Title 38 > Chapter 19 - Commercial Fertilizer

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2