40-31-1. Definition of terms. Terms used in this chapter mean: (1)”Association,” the American Dairy Association of South Dakota; (2)”Dealer,” any person who buys, sells, manufactures, processes, or ships dairy products or who acts as sales or purchasing agent, broker, or factor of dairy products; (3)”Person,” individuals, corporations, limited liability companies, partnerships, trusts, associations, cooperatives, and […]
40-31-11. Assessment collected by first dealer–Producers responsible for payment. All assessments levied and imposed under this chapter shall be deducted from the price paid to the producer and shall be collected by the first dealer, provided, however, that: (1)Where the producer sells directly to the consumer, the taxes aforesaid shall be collected from such producer; […]
40-31-12. Record of milk handled by dealers and producers–Form–Report–Preservation–Inspection. All dealers and producers charged under this chapter with the obligation of collecting and remitting the assessment imposed by this chapter shall keep a complete and accurate record of all milk subject to assessments by this chapter which may be handled. The record shall be in […]
40-31-13. Monthly return of dairy products handled by dealer or producer. Every dealer or producer charged by this chapter or by agreement with the keeping of records provided in this chapter shall, as the American Dairy Association by its regulations may require, file with the association a return on or before the fifteenth day of […]
40-31-14. Computation of assessment by association when monthly return not filed. In case any person charged under this chapter with the obligation of filing a return or collecting and remitting the assessment imposed by this chapter fails to make a return when due, or fails to collect or remit such assessment as herein provided, an […]
40-31-15. Payment of assessment computed by Association–Penalty and interest. Any person charged under this chapter with the obligation of filing a return who fails to do so shall, within ten days after notice of the amount of tax fixed and computed by the officer pursuant to §40-31-14 is mailed to that person, pay the tax, […]
40-31-16. Recovery of tax, penalty, and interest–Tax collection remedies available. In the case of failure to pay the tax or any portion of the tax, or any penalty or interest provided for in this chapter, when due, the Department of Agriculture and Natural Resources may recover the amount of the tax, penalty, and interest. The […]
40-31-17. Producer’s application for refund of assessment–Approval by association. Any producer desiring a refund of an assessment paid under this chapter must himself make written application to the secretary of the American Dairy Association of South Dakota therefor. Such application may only be made on an annual basis and may only be made within thirty […]
40-31-18. Assessments paid into dairy association fund–Purposes for which used–Warrants. All moneys received by the Department of Agriculture and Natural Resources from the assessments levied under the provisions of this chapter shall be paid to the state treasurer and placed in a fund designated as the “American Dairy Association of South Dakota fund.” Said fund […]
40-31-19. Voluntary contributions to association. The American Dairy Association shall have the power and duty to accept and disburse voluntary contributions for the use and purposes of the association. Source: SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (10).
40-31-2. Association created–Producer and processor members–Nonvoting members. There is hereby created an American Dairy Association of South Dakota. This association shall be composed of three dairy producers and two dairy processors who are residents of this state, with the secretary of agriculture and natural resources or the secretary’s representative, the head of the dairy department […]
40-31-2.1. Direction and supervision by Department of Agriculture and Natural Resources–Independent functions retained by Association. The American Dairy Association of South Dakota shall be administered under the direction and supervision of the Department of Agriculture and Natural Resources and the secretary thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions […]
40-31-2.2. Cooperative agreements to fund or conduct dairy promotion efforts. The secretary of agriculture and natural resources may enter agreements to fund or conduct dairy promotion efforts in cooperation with regional and national dairy promotion programs, on behalf of the American Dairy Association of South Dakota. Source: SL 2004, ch 260, §1; SL 2021, ch […]
40-31-20. Disbursement of association funds. The American Dairy Association shall have the power and duty to authorize the disbursement of moneys as may be available to it in support of itself and its purposes but only to the extent that such money is available. Source: SL 1951, ch 5, §3; SL 1955, ch 4, §3; […]
40-31-21. Expenses paid from and limited by dairy association fund. No part of the expense incurred by the association shall be paid from any other than the American Dairy Association of South Dakota fund and the expenses incurred by the association shall at no time exceed the amount available in the fund. Source: SL 1951, […]
40-31-22. Power to sue and be sued–Contract power. The Department of Agriculture and Natural Resources, on behalf of the American Dairy Association, shall have the power to sue and be sued and to contract and be contracted with. Source: SL 1951, ch 5, §2; SL 1955, ch 4, §2; SDC Supp 1960, §4.2202; SL 2021, […]
40-31-23. Research activities of department. The Department of Agriculture and Natural Resources shall have the power and duty to conduct scientific research for the purpose of developing and discovering health, food, therapeutic, dietetic, and industrial uses for dairy products. Source: SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (6); […]
40-31-24. Promotional and advertising activities of department. The Department of Agriculture and Natural Resources shall plan and conduct campaigns for dairy commodity advertising, publicity, and sales promotion, research and educational campaigns, to increase the consumption of dairy products, and may contract for any advertising, publicity, and sales promotion, research and educational service. The department shall […]
40-31-25. Administration and enforcement of chapter–Necessary powers. The Department of Agriculture and Natural Resources shall have the power and duty to administer and enforce this chapter and to do and perform all acts and exercise all powers reasonably necessary to effectuate the purposes of this chapter. Source: SL 1951, ch 5, §3; SL 1955, ch […]
40-31-26. Record and account maintained by association. The American Dairy Association shall have the power and duty to keep an accurate record and account of its dealings which shall be a public record. Source: SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (8).
