38-10-1. Policy of state. It is hereby declared to be the public policy of the State of South Dakota to protect and foster the health, prosperity, and general welfare of its people by protecting and stabilizing the wheat industry and the economy of the areas producing wheat. The wheat commission established by §38-10-3 shall be […]
38-10-11. Officers of wheat commission–Meetings. The wheat commission shall elect a chairman, vice-chairman, secretary, and treasurer from among its members. The commission shall meet at least once every three months and at such other times as called by the chairman or by any two members of the commission. Source: SL 1961, ch 11, §8.
38-10-12. Appointment of executive director–Compensation. The wheat commission may appoint a full-time executive director to carry out the provisions of this chapter. The executive director shall receive compensation as determined by the commission subject to §38-10-14. The executive director may not be one of the appointed commission members. Source: SL 1961, ch 11, §2; SL […]
38-10-14. Powers of commission. In the administration of this chapter, the wheat commission may: (1)Expend the funds collected pursuant to this chapter; (2)Appoint, discharge, fix compensation for and prescribe the duties of such personnel as it may deem necessary subject to Bureau of Human Resources guidelines; (3)Lease, purchase, own, equip, maintain, operate, and dispose of […]
38-10-15. Formulation of general policies and programs for wheat promotion. In connection with and in furtherance of the policy and purpose declared in §38-10-1, the wheat commission shall have the power to formulate the general policies and programs of the State of South Dakota respecting the discovery, promotion, and development of markets and industries for […]
38-10-16. Wheat research and market development. In connection with and in furtherance of the policy and purpose declared in §38-10-1, the wheat commission may conduct, in addition to the things enumerated, any other program for the utilization, research, and market development of wheat grown in the State of South Dakota. Source: SL 1961, ch 11, […]
38-10-17. Research restricted to cooperation with other agencies. The wheat commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with proper local, state, or national organizations, public or private, in carrying out the purposes of this chapter. Source: […]
38-10-18. Education and publicity program. In connection with and in furtherance of the policy and purpose declared in §38-10-1, the wheat commission shall have the power to adopt and devise a program of education and publicity. Source: SL 1961, ch 11, §9 (2).
38-10-19. Cooperation with public and private organizations–Contracts. In connection with and in furtherance of the policy and purpose declared in §38-10-1, the wheat commission may cooperate with local, state, or national organizations, whether public or private, in carrying out the purposes of this chapter, and may enter into such contracts as may be necessary. Source: […]
38-10-2. Definition of terms. Terms used in this chapter mean: (1)”Commercial channels,” the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat; (2)”Commission” or “wheat commission,” the Wheat Utilization, Research and Market Development […]
38-10-20. Rules and regulations adopted by commission. In connection with and in furtherance of the policy and purpose declared in §38-10-1, the wheat commission may promulgate rules pursuant to chapter 1-26 concerning: (1)The procedures for obtaining a declaratory ruling; (2)The procedures for fee collection for wheat sold either in-state or out-of-state; (3)The procedures for obtaining […]
38-10-21. Commission records kept. All records of the wheat commission shall be kept at least three years. Source: SL 1961, ch 11, §16 (3).
38-10-22. Promotional fee on wheat sold through commercial channels–Collection from first purchaser. There is hereby assessed a promotional fee of four-tenths of one percent of the value of the net market price per bushel upon all wheat sold through commercial channels in the State of South Dakota. The fee shall be assessed and imposed on […]
38-10-23. Sales to federal government exempt from fee. The fee, herein levied and imposed by the provisions of §38-10-22, shall not apply to the sale of wheat to the federal government for ultimate use or consumption by the people of the United States, where the State of South Dakota is prohibited from imposing such fee […]
38-10-24. Fee applicable to wheat stored or sold outside state–Collection from grower. The fee established pursuant to §38-10-22, shall be deducted, as provided by this chapter, whether such wheat is stored or sold in this or any other state. However, if agreements have not been made with dealers outside of the state for collecting the […]
38-10-25. Proof of purchase delivered by purchaser to grower–Contents. The purchaser, at the time of settlement of the purchase, shall make and deliver a proof of purchase to the grower. This proof of purchase document may be a settlement sheet, a check stub, or other legible document showing: (1)The name of the grower and seller; […]
38-10-26. Alteration of proof of purchase documents as misdemeanor. The proof of purchase documents, referred to in §38-10-25, shall be legibly written and have no corrections or erasures on the face thereof. Any person who alters any part of any proof of purchase documents in an attempt to defraud the wheat commission is guilty of […]
38-10-27. Quarterly reports by wheat purchasers–Payment of fee. The purchaser shall render and have on file a report with the commission by the thirtieth day following the end of each calendar quarter. The report shall be on forms provided by the commission and shall display the number of bushels of wheat purchased in the preceding […]
38-10-28. Fee deducted when loan made by federal agency–Federal forms accepted in lieu of invoice. In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, the fee assessed by §38-10-22 shall be deducted from the proceeds of such loans at the time the loans […]
38-10-29. Supplemental and alternate forms used by commodity credit corporation. Forms supplemental or alternate to those approved in §38-10-28 which may be proposed by the Commodity Credit Corporation and contain the necessary information may be used without revision of this chapter. Source: SL 1961, ch 11, §12 (2).
