38-19-1. Definition of terms. Terms, as used in this chapter, mean: (1)”Available phosphoric acid,” the sum of the water-soluble and the citrate-soluble phosphoric acid and reported as phosphorus pentoxide; (2)”Brand,” a term, design, or trademark used in connection with one or several grades of commercial fertilizer; (3)”Bulk commercial fertilizer,” any volume of a commercial fertilizer […]
38-19-10. Inspection fee on fertilizer distributed in state–Rules. Each licensed distributor of commercial fertilizer shall pay to the secretary of agriculture and natural resources for all commercial fertilizer distributed in this state an inspection fee in accordance with the provisions of §38-19-12, not to exceed seventy-five cents per ton. The secretary of agriculture and natural […]
38-19-10.1. Additional inspection fee deposited in precision agriculture fund. In addition to the fee imposed by §38-19-10, each licensed distributor of commercial fertilizer shall pay to the secretary of agriculture and natural resources for all commercial fertilizer distributed in this state an inspection fee of twenty-five cents per ton in accordance with the provisions of […]
38-19-12. Annual tonnage report–Inspection fees. Each licensed distributor of commercial fertilizer shall file with the secretary of agriculture and natural resources on forms furnished by the secretary an annual statement for the period ending December thirty-first setting forth the number of net tons of each grade of commercial fertilizer distributed in this state during the […]
38-19-14. Fertilizer fund–Administration–Expenditures. Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the fertilizer fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be […]
38-19-15. Labels required for fertilizer in containers–Contents. Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1)Net weight; (2)Brand and grade; (3)Guaranteed analysis; (4)The source or sources from which the nitrogen phosphorus and […]
38-19-16. Information to accompany bulk shipments–Fertilizer formulated under specifications furnished by consumer. In the case of bulk shipments, a label stating the information required by §38-19-15 shall accompany delivery and be supplied to the purchaser at time of delivery in written or printed form. A commercial fertilizer formulated according to specifications which are furnished by […]
38-19-16.1. Labeling requirements applied to sewage sludge distributor–Availability of analyses. Any distributor of sewage sludge, as defined in §38-19-1, shall comply with provisions of §38-19-15 or 38-19-16, whichever is applicable. Any distributor shall make available, upon request, any analyses or information about the sewage sludge to the Department of Agriculture and Natural Resources and the […]
38-19-17. Fertilizer deemed misbranded. For the purposes of this chapter, a commercial fertilizer is deemed to be misbranded: (1)If the label or labeling carries any false or misleading statement either as to the materials contained in the fertilizer or concerning its agricultural value; (2)If it be so labeled or branded as to deceive or mislead […]
38-19-18. Fertilizer deemed adulterated. For the purposes of this chapter, a commercial fertilizer is deemed to be adulterated: (1)If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions […]
38-19-19. Sale or distribution of adulterated or misbranded fertilizer as misdemeanor. It is a Class 2 misdemeanor to sell, distribute, offer, or expose for sale or distribution any commercial fertilizer which is adulterated or misbranded. Source: SL 1949, ch 85, §6; SDC Supp 1960, §22.1706 (3); SL 1977, ch 190, §324.
38-19-2.1. Commercial fertilizer distribution license required–Fee–Penalty for violation–Notice. No person whose name appears on the label of a commercial fertilizer or who manufactures or mixes a commercial fertilizer in this state may distribute that fertilizer until the person has obtained a distribution license from the secretary of agriculture and natural resources. A distribution license is […]
38-19-2.2. Name and address required on application for distribution license and to appear on other materials of licensee. An application for a commercial fertilizer distribution license shall include the name and address of the licensee. The licensee’s name and address as it appears on the license shall appear on all labels and pertinent invoices used […]
38-19-24. Intimate and uniform mixture required in custom mixing. A licensee shall at all times produce an intimate and uniform mixture of fertilizer materials. When two or more fertilizer materials are delivered in the same load, they shall be intimately and uniformly mixed unless they are in separate compartments. To provide for intimate and uniform […]
38-19-26. Guaranteed analysis of custom mix or fertilizer materials. In lieu of the guaranteed analysis, the person who mixes to the customer’s order must furnish to the purchaser and consumer a written or printed statement showing the weight and guaranteed analysis of each of the fertilizer materials used in the intimate mixture or delivered in […]
38-19-27. Sales and exchanges to manufacturers and mixers exempt from requirements. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of commercial fertilizers to manufacturers […]
38-19-28. Recommendation of grades of fertilizers for use in state–Publication of recommended lists. The secretary of agriculture and natural resources may in his discretion hold public hearing open to all interested parties and with the aid of available and impartial data promulgate a list of grades of mixed fertilizers recommended as adapted to the agricultural […]
38-19-30. Inspection and sampling to determine compliance with chapter. It shall be the duty of the secretary of agriculture and natural resources, who may act through his authorized agents, to inspect and sample commercial fertilizers offered for sale, sold, or distributed within this state at such time and place and to such an extent as […]
38-19-30.1. Proof of claims required of licensed applicant or registrant–Sources of proof. The secretary of agriculture and natural resources may require a license applicant or registrant to furnish proof of claims made for any product covered by this chapter and may require proof of value when used as directed or recommended. The secretary shall rely […]
38-19-31. Manner of drawing and sealing official samples–Forwarding to director of laboratories. An official fertilizer sample shall be one drawn in the manner prescribed by the secretary of agriculture and natural resources from a lot or shipment of fertilizer sold or exposed for sale in this state. In sampling a lot of commercial fertilizer packaged […]
