40-33-1. Definition of terms. Terms used in this chapter mean: (1)”Due date,” seven days from the date of delivery of produce by the seller to the dealer at wholesale in the case of a sale, and in all cases where produce is consigned, seven days from the date the sale is made by the broker […]
40-33-10. Complaint to secretary of damage from breach of bond conditions. Any person claiming himself to be damaged by any breach of the conditions of a bond given by a dealer at wholesale, as provided in §40-33-7, may enter complaint thereof to the secretary of agriculture and natural resources, which complaint shall be a written […]
40-33-11. Investigation of complaint against wholesale dealer–Notice and hearing–Report and conclusions. Upon filing of the complaint in the manner provided in §40-33-10 the secretary of agriculture and natural resources shall investigate the charges made and, at his discretion, order a hearing before him, giving the party complained of notice of the filing of the complaint […]
40-33-12. Civil action on wholesale dealer’s bond–Approval by secretary required. If settlement is not effected within the time allowed by §40-33-11, either party, if aggrieved by any condition of the bond, may, upon first obtaining the approval of the secretary of agriculture and natural resources, commence and maintain an action against the principal and sureties […]
40-33-13. Record of hearing as evidence. The record of the hearing before the secretary of agriculture and natural resources pursuant to §40-33-11 shall be competent evidence in any court having jurisdiction. Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-14. Apportionment of bond proceeds when insufficient to satisfy claims. If the dealer at wholesale has become liable to more than one person by reason of breaches of the conditions of the bond and the amount of the bond is insufficient to pay the entire liability to all persons entitled to the protection of the […]
40-33-15. Action by secretary of agriculture and natural resources on wholesale dealer’s bond–Proceeds deposited with secretary–Allowance of claims–Employment of counsel. In all cases where the liability of the dealer at wholesale exceeds the amount of his bond, or where the amount of the claims does not exceed the amount of the bond, and the claimants […]
40-33-17. Suspension or revocation of license on violation of this chapter. The secretary of agriculture and natural resources may, upon ten days’ notice and opportunity to be heard, suspend, revoke, or cancel the license of a person adjudicated to be in violation of this chapter. Source: SL 1955, ch 5, §6; SDC Supp 1960, §4.9916; […]
40-33-2. Business constituting dealing at wholesale. Except as provided by §§40-33-3 to 40-33-5, inclusive, any person who shall buy or sell, contract to buy or sell, or handle on account of or as agent for another, and any person who shall similarly engage in the business of assembling and trucking for such purposes, any eggs, […]
40-33-3. Producer not deemed dealer at wholesale. A producer who sells eggs produced only by his own flock, or poultry raised by him, or poultry products processed by him from his own flock, or dairy products produced by him from his own herd, shall not be deemed a dealer at wholesale within the meaning of […]
40-33-4. Resident paying cash for purchases not deemed dealer at wholesale. Any resident of South Dakota who purchases, and at the time of purchase makes full payment in cash therefor, South Dakota eggs, poultry, poultry products, or dairy products, shall not be deemed a dealer at wholesale within the meaning of this chapter. Source: SL […]
40-33-5. Cooperatives not deemed dealers at wholesale. Cooperative associations having not more than forty percent of nonmember patrons shall not be deemed dealers at wholesale within the meaning of this chapter. Source: SL 1955, ch 5, §2; SDC Supp 1960, §4.2402 (3); SL 1963, ch 9, §2.
40-33-7. Bond required of dealer at wholesale–Terms of bond. Any dealer at wholesale, as defined in this chapter, in addition to securing a license from the secretary of agriculture and natural resources, if such be required by the laws of this state, shall execute and file with the secretary a bond to the State of […]
40-33-8. Additional bond required when wholesale dealer’s bond inadequate. The secretary of agriculture and natural resources, when he is of the opinion that any bond theretofore given by any dealer at wholesale is inadequate for the proper protection of the public, may require the dealer at wholesale to give additional bonds in such amounts as […]
40-33-9. Statements of business required of wholesale dealer–Suspension or revocation of license for failure to comply. For the purpose of fixing or changing the amount of bonds required by §40-33-7, the secretary of agriculture and natural resources may require from a dealer at wholesale verified statements of his business, and if the dealer at wholesale […]
