38-27-1. Definition of terms. Terms used in this chapter mean: (1)”Council,” the South Dakota Oilseeds Council; (2)”First purchaser,” any person who initially places sunflowers, safflowers, canola, or flax, whether as an owner, agent, or otherwise, into the channels of trade and commerce, or who is engaged in the processing of sunflowers, safflowers, canola, or flax […]
38-27-11. Assessment on sunflowers, safflowers, canola, and flax grown or sold–Rate. An assessment at the rate of four cents per hundredweight shall be levied and imposed upon all sunflowers, safflowers, and canola grown in the state or sold to a first purchaser, and an assessment at the rate of one cent per bushel shall be […]
38-27-12. Collection of assessment by deduction from purchase price. Any first purchaser of sunflowers, safflowers, canola, or flax shall collect the assessment imposed by this chapter by charging and collecting from the seller the assessment at the prescribed rate by deducting the assessment from the purchase price of all sunflowers, safflowers, canola, or flax subject […]
38-27-13. Filing by first purchaser required. Any first purchaser of sunflowers, safflowers, canola, or flax shall file an application or affidavit with the oilseeds council on forms prescribed and furnished by the council. The application or affidavit shall contain the name under which the first purchaser is transacting business within the state, the first purchaser’s […]
38-27-14. Records and reports–Remittance of assessment. Any first purchaser shall keep a permanent record of all purchases by the first purchaser of raw sunflowers, safflowers, canola, or flax, which may be examined by the oilseeds council at any reasonable time. The first purchaser shall report to the council stating the quantity of sunflowers, safflowers, canola, […]
38-27-15. Enforcing collection of assessment. If any first purchaser fails to pay the assessment provided in this chapter the oilseeds council may enforce collection in any appropriate court within this state. Source: SL 1980, ch 273, §16; SL 1985, ch 314, §6; SL 1989, ch 346, §14.
38-27-16. Refunds–Applications. Any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may make application to the oilseeds council for a refund of the assessment. Upon return of the refund application accompanied by a record of the assessment by the first purchaser, the grower shall, within sixty days, be […]
38-27-17. Council to provide refund information. The oilseeds council, to inform the grower, shall develop and disseminate information and instructions relating to the purpose of the oilseeds assessment and manner in which refunds may be claimed, and to this extent shall cooperate with governmental agencies, state and federal, and private businesses engaged in the purchase […]
38-27-19. Council may contract with Public Utilities Commission to inspect assessment and checkoff records. The council may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the […]
38-27-2. Oilseeds council established–Composition. There is hereby established a South Dakota Oilseeds Council. The council is composed of seven members who shall be participating growers of oilseeds. One member shall be a participating grower of safflowers, canola, or flax. All members shall be appointed by the secretary of agriculture and natural resources. One member shall […]
38-27-3. Necessity, purposes, and objectives for council. The production, development, marketing, and promotion of sunflowers, safflowers, canola, and flax in South Dakota is important to the general welfare of the people of South Dakota. It is in the public interest that better methods of production, processing, and marketing of sunflowers, safflowers, canola, and flax be […]
38-27-4. Terms of members–Vacancies. The term of the members shall be for a period of four years, provided that the initial appointments shall be for staggered terms. If a member ceases to be a participating grower, the secretary of agriculture and natural resources shall declare the member’s office vacant, and the secretary shall appoint a […]
38-27-5. Officers–Quorum–Meetings. The oilseeds council shall annually elect a chairman and vice-chairman. A majority of voting members constitutes a quorum. All meetings of the council shall be called by the chairman except special meetings may be called by five members of the council. The council shall adopt procedures for the calling of special meetings. Source: […]
38-27-6. Compensation of members. Compensation for the oilseeds council shall be paid pursuant to §4-7-10.4. The compensation of the secretary shall be paid by funds of the Department of Agriculture and Natural Resources. Source: SL 1980, ch 273, §6; SL 1982, ch 17, §31; SL 1989, ch 346, §5; SL 2021, ch 1 (Ex. Ord. […]
38-27-7. Oilseeds fund–Expenditures. Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the “oilseeds fund.” Any funds remaining in the “sunflower fund” shall be transferred to the “oilseeds fund” upon implementation of the new fund. Expenditures of these funds shall be made in accordance with […]
38-27-8. Powers of council. In the administration of this chapter, the oilseeds council may: (1)Contract and cooperate with any person or with any governmental department or agency for research, education, and transportation; (2)Expend the funds collected pursuant to this chapter and appropriated for its administration; (3)Appoint, discharge, fix compensation for, and prescribe the duties of […]
38-27-8.1. Promulgation of rules. The council may promulgate rules pursuant to chapter 1-26 concerning: (1)The procedures for obtaining a declaratory ruling; (2)The procedures for assessments collected for sunflowers, safflowers, canola, or flax grown or sold to a first purchaser; (3)The procedures for obtaining a refund of the assessment; (4)The procedures for collecting delinquent assessments and […]
38-27-9. Supplementary nature of chapter–Agriculture and natural resources department and other agency functions not limited. This chapter does not abrogate or limit in any way the rights, powers, duties, and functions of the Department of Agriculture and Natural Resources or any other agency of the state, but is supplementary to and in aid and cooperation […]
