34-5-1. Purpose of chapter. The intent of this chapter is for the accumulation and continuation of a sufficient fund for the use of the respective counties in this state so as to permit in any year the efficient and immediate snow removal on county roads, for repair of damages thereon caused by melting snow, the […]
34-5-10. Distressed food defined. As used in §§34-5-9 to 34-5-18, inclusive, unless the context otherwise requires, “distressed food” means all food, food products, drugs, alcoholic or nonalcoholic beverages, nonedible products expected to be used in or around the home kitchen, medicines, and related items that have been subject to possible contamination from fire, flood, tornado, […]
34-5-11. Investigations by secretary–Right of entry. The secretary shall have the authority to investigate all known disasters or situations that may have resulted in distressed food pursuant to §34-5-10. This authority shall include the right, at any reasonable time, to enter any facility or area, to examine merchandise, records, and equipment. Source: SL 1974, ch […]
34-5-11.1. Examination of food as necessary–Ordering removal from availability. Food may be examined by the department as often as may be necessary to determine freedom from adulteration. The Department of Health may, upon written notice to the owner, order removal of adulterated food from availability for human consumption. Source: SL 1980, ch 238, §5.
34-5-11.2. Hearing–Destroying or denaturing order–Judicial review. The owner may request a hearing, pursuant to chapter 1-26, which must be granted and held within ten days of a removal order. Based upon the hearing, the Department of Health may issue a destroying or denaturing order. The owner may appeal to the circuit court within three days […]
34-5-12. Unauthorized removal of distressed food as misdemeanor. No person shall remove, salvage, destroy, or convert for personal use any distressed food at the site of a disaster without consent of the secretary. A violation of this section is a Class 1 misdemeanor. Source: SL 1974, ch 241, §4; SL 1977, ch 190, §9.
34-5-13. Removal of food by law enforcement officers allowed when necessary. Sections 34-5-9 to 34-5-18, inclusive, do not prevent any state, county, or municipal law enforcement officer from supervising the moving of distressed food to a temporary holding area when such movement is necessary for highway safety or protection and control of the distressed food. […]
34-5-14. Interdepartmental agreements authorized–Purpose. The secretary is hereby authorized to enter into mutual agreements with secretaries of other state departments to provide better utilization of personnel in administration of §§34-5-9 to 34-5-18, inclusive, and in any emergency where preassigned functions may have been delineated. Source: SL 1974, ch 241, §6.
34-5-15. Rules and regulations–Hold orders or condemnation–Misdemeanor. The Department of Health may promulgate and the secretary of health shall enforce rules and regulations, under the provisions of chapter 1-26, governing the control, movement, sorting, embargo, buying, selling, storage, and salvage of distressed food. The department may use hold orders or condemnation if adulteration is present. […]
34-5-17. Severability of provisions. If a part of §§34-5-9 to 34-5-18, inclusive, is invalid, all valid parts that are severable from this invalid part remain in effect. If a part of said sections is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from […]
34-5-18. Citation of provisions. Sections 34-5-9 to 34-5-18, inclusive, may be cited as the South Dakota Distressed Food Act. Source: SL 1974, ch 241, §9.
34-5-2. County levy for snow removal and special emergency reserve fund–Collection of levy. The board of county commissioners may establish a county snow removal and special emergency reserve fund by the levy of a tax up to but not exceeding one dollar and twenty cents per thousand dollars of taxable valuation within the county. The […]
34-5-3. Purposes for which reserve fund used. The county snow removal and special emergency reserve fund after the creation thereof shall be used for the following purposes only: (1)Snow removal operations on county roads; (2)Repair of damages to county roads and bridges directly resulting from or caused only by melting snow; (3)Purchase of equipment for […]
34-5-4. Determination of necessity for snow removal–Emergency and disaster declared by Governor or county commissioners. The board of county commissioners with the county highway superintendent shall be the sole judges as to the necessity, need, and emergencies for snow removal operations and repairs, and shall exercise full discretion with decisions relative thereto. To expend money […]
34-5-5. Authorization and approval of money paid from fund. All money allowed and paid from a fund established under §34-5-2 shall first be authorized and approved by the board of county commissioners and, in operations directly relating to snow removal, snow damage, or prevention of snow accumulation, or purchase and repair of snow removal equipment, […]
34-5-6. Accounting for expenditures from fund. The county highway superintendent shall keep in a separate record book a detailed account of all money expended from the county snow removal and special emergency reserve fund directly relating to snow removal, snow damage, prevention of snow accumulation, or purchase and repair of snow removal equipment, showing exact […]
34-5-7. Accumulation of unexpended balances in fund–Diversion for other purposes prohibited. Any unexpended balance remaining in the county snow removal and special emergency fund at the end of the fiscal year shall be allowed to accumulate as a reserve fund and available for future use as set forth in §34-5-3. No part of the fund […]
34-5-9. Definition of terms related to distressed food. Terms as used in §§34-5-9 to 34-5-18, inclusive, unless the context otherwise requires, mean: (1)”Department,” the Department of Health; (2)”Person,” an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, or any other legal entity, or their legal representative, agent, or assigns; (3)”Salvage,” the recovery, cleaning, […]
