Section 38-24A-17 – Violation as misdemeanor–Civil liability for damages.
38-24A-17. Violation as misdemeanor–Civil liability for damages. Any person who violates any of the provisions of this chapter or who alters, forges, counterfeits, or uses without authority any certificate or permit or other document provided for in this chapter or in the rules of the secretary of agriculture and natural resources provided for in this […]
Section 38-24A-18 – Severability of provisions.
38-24A-18. Severability of provisions. If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved […]
Section 38-24A-19 – Citation of chapter–Additional to other powers.
38-24A-19. Citation of chapter–Additional to other powers. This chapter shall be known as the South Dakota Plant Quarantine Act and may not be construed to repeal any existing authority of the secretary of agriculture and natural resources but shall be in addition to any powers conferred upon the secretary by chapters 38-18, 38-22, and 38-24B. […]
Section 38-24A-20 – Special certificates on plants for export.
38-24A-20. Special certificates on plants for export. The Department of Agriculture and Natural Resources may grant special phytosanitary certificates on any plants or plant products for individual shipment to other states in compliance with the plant inspection and plant quarantine regulations of the state of destination or to foreign countries in compliance with the plant […]
Section 38-24A-21 – Inspection of plants intended for export–Certificate–Fees.
38-24A-21. Inspection of plants intended for export–Certificate–Fees. Any owner of plants or plant products intending to ship those plants or plant products into another state or country may apply to the Department of Agriculture and Natural Resources for an inspection or for obtaining an official sample. The inspection shall determine the presence of pests or […]
Section 38-24A-9 – Scope of rules relating to regulated area–Publication of notice.
38-24A-9. Scope of rules relating to regulated area–Publication of notice. The secretary may promulgate rules pursuant to chapter 1-26: (1)To provide standards and procedures for location, suppression, prevention, retardation, and control of the spread of pests; (2)To provide standards and procedures for plant quarantines and embargoes; (3)To provide restrictions for the movement of pests, hosts, […]
Section 38-24A-9.1 – Emergency quarantine measures–Public hearing–Notice–Duration of emergency measures–When chapter 1-26 becomes applicable.
38-24A-9.1. Emergency quarantine measures–Public hearing–Notice–Duration of emergency measures–When chapter 1-26 becomes applicable. Other provisions of this chapter and the provisions of chapter 1-26 notwithstanding, the secretary may adopt emergency measures to quarantine or otherwise control plant infestations on an emergency basis. Such measures shall be subject to a public hearing, which shall be held within […]
Section 38-24A-10 – Movements contrary to quarantine rules prohibited.
38-24A-10. Movements contrary to quarantine rules prohibited. Following establishment of a quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into, or through this state contrary to rules promulgated by the secretary of agriculture and natural resources. Source: SL 1971, […]
Section 38-24A-11 – Quarantine violation as misdemeanor.
38-24A-11. Quarantine violation as misdemeanor. Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and rules, to remove all possibilities of infestation and damage, in effect at the point of origin, […]
Section 38-24A-12 – Seizure and treatment or disposal of infested articles–Notice to owner.
38-24A-12. Seizure and treatment or disposal of infested articles–Notice to owner. Whenever the secretary of agriculture and natural resources or his designated agent finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in this state, he may, upon giving […]