38-19A-1. Definition of terms. Terms as used in this chapter, unless the context otherwise requires, shall mean: (1)”Brand,” any trademark, product name, or other specific designation under which any individual soil amendment is offered for sale; (2)”Bulk,” nonpackaged form; (3)”Distributing,” importing, consigning, manufacturing, producing, compounding, mixing or blending any soil amendment, or offering for sale, […]
38-19A-10. Approval required for listing or guaranteeing of ingredients on labels–Supportive data–Inspection and analysis–Quantities of ingredients required. No soil amending ingredient may be listed or guaranteed on the labels or labeling of any soil amendment without the approval of the secretary of agriculture and natural resources. The secretary may allow any soil amending ingredient to […]
38-19A-11. Annual tonnage statement–Inspection fees. Every distributor shall file with the secretary, on forms furnished by the secretary of agriculture and natural resources, an annual statement for the period ending December thirty-first of each year setting forth the number of net tons of each soil amendment distributed in the state during that period. The report […]
38-19A-12. Failure to file, false filing, or failure to pay inspection fee as grounds for registration revocation. If the report is not filed or is filed falsely or the inspection fee is not paid within thirty days following each semiannual reporting period, the secretary of agriculture and natural resources may revoke the registration. Source: SL […]
38-19A-13. Inspection and analysis of soil amendments by secretary–Entry upon premises or carriers. The secretary of agriculture and natural resources shall sample, inspect, make analyses of, and test soil amendments distributed within the state at any time and place and to such an extent as he may deem necessary to determine whether such soil amendments […]
38-19A-14. Refusal of registration if soil amendment violates chapter or rules–Cancellation for fraud or deceptive practices–Hearing before revocation. The secretary of agriculture and natural resources may refuse registration of any brand of soil amendment if he shall find the brand of soil amendment violates any section of this chapter or the rules and regulations promulgated […]
38-19A-15. Rules and regulations. The secretary of agriculture and natural resources may, pursuant to chapter 1-26, adopt rules concerning: (1)The establishment of minimum amounts of soil amending ingredients that shall be present before a soil amendment can be registered and sold; (2)The allowance of labeling by volume rather than weight; and (3)Labeling, inspection, sampling, analysis, […]
38-19A-16. Violation of chapter as misdemeanor. Any person violating any provisions of this chapter is guilty of a Class 2 misdemeanor. Source: SL 1976, ch 244, §17; SL 1977, ch 190, §326.
38-19A-17. Stop sale, use or removal order–Duration–Release of withdrawn soil amendment–Costs and expenses. The secretary of agriculture and natural resources may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of soil amendment and to hold at a designated place when the secretary […]
38-19A-18. Deposit of fees. Fees collected under this chapter shall be deposited in the fertilizer fund established pursuant to §38-19-14. Source: SL 1993, ch 304, §5.
38-19A-19. Analyses of lime or lime sludge compost provided by distributor. Any distributor of lime or lime sludge, compost as defined in §38-19-1, or sewage sludge, as defined in §38-19-1, shall make available, upon request, the analyses of any product to the Department of Agriculture and Natural Resources and the end user of the product. […]
38-19A-2. Distribution of adulterated soil amendments prohibited–Adulteration defined. No person shall distribute an adulterated soil amendment. A soil amendment shall be deemed to be adulterated if it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with directions for use […]
38-19A-3. Distribution of misbranded soil amendments prohibited–Misbranding defined. No person shall distribute any misbranded soil amendment. A soil amendment shall be deemed misbranded if its labeling is false or misleading in any particular, or if it is not labeled as required pursuant to the provisions of this chapter and regulations promulgated pursuant to this chapter, […]
38-19A-4. Registration of soil conditioners required before distribution–Application–Fee–Expiration–Labels and advertising literature submitted. Each separately identified soil conditioner product shall be registered before being distributed in this state. The application for registration shall be submitted to the secretary of agriculture and natural resources on the form furnished or approved by the secretary and shall be accompanied […]
38-19A-5. Duplicate registration not required if labels do not differ. No distributor shall be required to register any brand of soil amendment which shall have already been registered under this chapter by another person; provided, however, that the label does not differ in any respect. Source: SL 1976, ch 244, §8.
38-19A-6. Minimum ingredients required for registration of soil amendments. The secretary of agriculture and natural resources may establish rules pursuant to chapter 1-26 to set the minimum amount of any soil amending ingredient that shall be present before a soil amendment can be registered and sold. Source: SL 1976, ch 244, §9; SL 1986, ch […]
38-19A-7. Label required–Contents. A label, in a readable and conspicuous form, shall appear on the face or display side of any soil amendment and shall consist of: (1)Net weight; (2)Brand name; (3)Analysis, including any soil amending ingredient and other ingredients and the percentage of each. In lieu of a guarantee expressed as a percentage, a […]
38-19A-8. False or misleading statements, labeling, advertising, or oral claims prohibited. No information or statement shall appear on any package, label, delivery slip, or advertising matter nor shall any oral claim be made which is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the soil amendment. […]
38-19A-9. Proof required of claims or usefulness and value–Evidence of proof. The secretary of agriculture and natural resources may require proof of claims made for any soil amendment. If no claim is made, he may, nevertheless, require proof of usefulness and value as a soil amendment. For evidence of proof the secretary may rely on […]
