State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
HOUSE BILL NO. 1048
Introduced by: The Committee on Agriculture and Natural Resources at the request of the
Department of Agriculture
FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions related to the
Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-41-6 be repealed.
1-41-6. The Department of Agriculture shall, under the direction and control of the secretary
of agriculture, perform all administrative functions (as defined in § 1-32-1) of the Office of State
Potato Inspector, created by chapter 38-15.
Section 2. That § 38-1-1 be amended to read as follows:
38-1-1. The Department of Agriculture of the State of South Dakota is continued with the
powers, duties, and jurisdiction enumerated in this code. It shall maintain a central office in
Pierre in rooms provided for the purpose, which shall be the official address of the
department and the place for serving process or papers of any kind upon it.
It The department
shall have an official seal.
Section 3. That § 38-1-16 be amended to read as follows:
38-1-16. The secretary of agriculture may promulgate administrative rules pursuant to
chapter 1-26 concerning the administration of the department, the election of soybean council
members, and the custody, use, and preservation of records, papers, books,
pertaining to the activities of the department, and fees for permits, inspection, and reinspection
relating to any permits issued by the department.
Section 4. That § 38-1-44 be repealed.
38-1-44. Terms used in §§ 38-1-44 to 38-1-50, inclusive mean:
(1) "Farmer," the person responsible for planting a crop on, managing the crop, and
harvesting the crop from land on which a patent infringement is alleged to have
(2) "Transgenic organism," an organism that has been modified by genetic engineering
to contain DNA from an outside source.
Section 5. That § 38-1-45 be repealed.
38-1-45. Before a person holding a patent on transgenic seed may enter upon any land
farmed by another for the purpose of obtaining crop samples to determine whether patent
infringement has occurred, the person holding the patent:
(1) Shall notify the farmer in writing of the allegation that a patent infringement has
occurred and request written permission to enter upon the farmer's land; and
(2) Shall obtain the written permission of the farmer.
The farmer shall grant or deny access within seven days of receipt of request to enter the
land. If the farmer withholds written permission, the person holding a patent may petition the
circuit court for an order granting permission to enter upon the farmer's land.
Section 6. That § 38-1-46 be repealed.
38-1-46. If either party requests the secretary of agriculture to provide for the collection of
samples under § 38-1-45, or to participate in or conduct any other aspect of the sampling or
analysis process, the secretary shall designate an employee or enter into an agreement with a
person or entity to implement the specified activity as provided in rules under § 38-1-49. The
person or entity may be, but is not required to be, an employee or agency of the State of South
Dakota. The patent holder shall pay the fee charged by the department under rules promulgated
pursuant to § 38-1-49. The farmer and the person holding the patent may each be present at any
collection of samples conducted under §§ 38-1-44 to 38-1-50, inclusive, and each shall be
notified of the time and location of the sample taking in a timely manner.
Section 7. That § 38-1-47 be repealed.
38-1-47. If the person holding a patent believes that the crop from which samples are to be
taken may be subject to intentional damage or destruction, the person may seek a protection
order from the circuit court. The protection order may not interrupt or interfere with normal
farming practices, including harvest and tillage.
Section 8. That § 38-1-48 be repealed.
38-1-48. The samples may be taken from a standing crop, from representative standing
plants in the field, or from crops remaining in the field after harvest.
Section 9. That § 38-1-49 be repealed.
38-1-49. The secretary of agriculture may promulgate rules, pursuant to chapter 1-26, to
determine the following sampling protocols:
(1) To determine who is authorized to collect samples or conduct related activity;
(2) To determine methods of sample storage;
(3) To establish standards for sampling, inspecting, analyzing, and testing seeds; and
(4) To implement fees to recover sampling and related costs.
Section 10. That § 38-1-50 be repealed.
38-1-50. The results of any testing conducted under §§ 38-1-44 to 38-1-50, inclusive, shall
be sent by registered letter to either party by the other within thirty days after the results are
reported from the testing laboratory.
Section 11. That § 38-15-2 be repealed.
38-15-2. In order to develop and protect the industries in this state engaged in the growing
and marketing of potatoes and to conserve and promote the welfare of the citizens of the state,
the secretary of agriculture may establish potato grades, including seed grades, and inspection
service to provide for proper handling and marketing of potatoes, to appoint a chief inspector
and such other agents, inspectors, assistants, and clerical aids as the secretary finds necessary
to assist, represent, and act for him in enforcing and otherwise carrying out the provisions of this
chapter, and to fix salaries of such employees and provide for operating expenses. In order to
maintain such industries, the secretary of agriculture may contract for potato inspection services
with other agencies or associations.
Section 12. That § 38-15-9 be repealed.
38-15-9. Every closed container containing potatoes grown in the State of South Dakota and
sold, offered, or exposed for sale or consignment in carload lots or in truckload lots by a person
other than the grower thereof, shall bear upon the outside by label, in plain letters and figures,
the grade of the potatoes therein contained, the minimum weight thereof when packed and the
variety or class name of such potatoes.
Section 13. That § 38-15-10 be repealed.
38-15-10. The labeling prescribed in this chapter may be accompanied by additional marks
or brands which are not inconsistent with, or in the same location more conspicuous than, or
which do not in any way obscure the labeling. The secretary of agriculture shall, by regulation,
prescribe the general location of the labeling on the container and the minimum size of the
letters and figures used in the labeling of the potatoes.
Section 14. That § 38-15-12 be repealed.
38-15-12. No person either for himself or while acting as agent or servant for any other
person shall sell, consign for sale, offer or expose for sale, have in possession or storage with
intent for sale, or to deliver within the State of South Dakota or to convey or cause to be
conveyed out of the State of South Dakota, any potatoes which are mislabeled within the
meaning of this chapter or the regulations promulgated pursuant thereto, or which are falsely
labeled, represented, or advertised in any respect, whether they are in closed containers or in
open containers or in bulk and regardless of the quantity. Any violation of this section is a Class
Section 15. That § 38-15-18 be repealed.
38-15-18. The secretary of agriculture shall adopt rules pursuant to the provisions of chapter
1-26, to fix any fees charged for making grade inspections and such fees shall be uniform
throughout the state for the periods of time specified.
Section 16. That § 38-15-21 be repealed.
38-15-21. The secretary of agriculture shall collect all fees and charges. All moneys arising
from the collection of fees and other charges under the provisions of this chapter shall be first
applied to contracts entered into pursuant to § 38-15-2. The balance shall be placed by the
secretary with the state treasurer and shall be credited to the general fund.
Section 17. That § 38-15-24 be repealed.
38-15-24. The secretary of agriculture may cooperate with the United States Department of
Agriculture and with similar state inspection service departments and with any person to provide
for the purposes of this chapter.
Section 18. That § 38-15-25 be repealed.
38-15-25. The secretary of agriculture shall, pursuant to the provisions of chapter 1-26,
promulgate rules concerning:
(1) The specifications for location and size of labels;
(2) The grades of potatoes; and
(3) The establishment of fees charged for making grade inspections.
Section 19. That § 38-15-31 be repealed.
38-15-31. The secretary of agriculture may seize and hold any potatoes which are wrongly
labeled as to grade, quality, condition, or any other respect, according to this chapter, until such
potatoes are so graded or reconditioned that they meet the requirements of the grade, or the
labeling with which they are marked.
Section 20. That § 39-9-1 be repealed.
39-9-1. As used in this chapter, score or grade means the grading of butter by its
examination for flavor and aroma, body and texture, color, salt, package, and by the use of other
tests or procedures established by the State Department of Agriculture for ascertaining the
quality of butter as hereinafter provided.
Section 21. That § 39-9-2 be repealed.
39-9-2. Butter shall be graded as follows:
(1) Grade, South Dakota, AA--93 score;
(2) Grade, South Dakota, A--92 score;
(3) Grade, South Dakota, B--91-90 score;
(4) Grade, South Dakota, undergrade--all butter below South Dakota B.
Section 22. That § 39-9-3 be repealed.
39-9-3. United States AA, A, and B grades shall be accepted in lieu of the corresponding
South Dakota AA, A, and B grades, but all United States grades below B shall for the purpose
of this chapter, correspond to South Dakota undergrade.
Section 23. That § 39-9-4 be repealed.
39-9-4. It is a Class 2 misdemeanor to sell, offer or expose for sale, or have in possession
with intent to sell, any butter at retail unless it has been graded and the grading date is indicated
on the container thereof. Every processor shall label all undergrade butter.
Section 24. That § 39-9-5 be repealed.
39-9-5. Butter from outside of the State of South Dakota sold within this state shall comply
with the state grade and labeling standards as provided in this chapter, and, unless labeled
United States AA, A, and B grades, shall indicate the grade in a manner equivalent to the
requirements for butter manufactured and sold within this state.
Section 25. That § 39-9-6 be repealed.
39-9-6. Whenever butter is advertised for sale, the grade of the butter advertised must be
stated in any price advertising.
Section 26. That § 39-9-7 be repealed.
39-9-7. The secretary of agriculture may promulgate rules pursuant to chapter 1-26 to
establish methods and procedures to be used for ascertaining quality, grades, grading, labeling,
and for arbitrating disputes with respect to grades.
Section 27. That § 39-9-8 be repealed.
39-9-8. If butter is mislabeled within the meaning of this chapter and the regulations issued
hereunder, the same shall be deemed misbranded within the meaning of § 39-4-18 and any
violation of the section or regulations issued thereunder shall be punished as provided by § 39-4-18.
Section 28. That § 39-9-9 be repealed.
39-9-9. The secretary of agriculture may also provide by regulation for the licensing of
butter graders, if he shall determine that the same shall be necessary and shall determine the
necessary qualifications and means of examination of such graders. The secretary may further
provide for revocation of such licenses for violation of the law and regulations issued
thereunder. If a license fee is established the same shall not exceed ten dollars per annum. A
right of appeal from any decision refusing to grant a license or revoking any such license shall
be allowed in accordance with the provisions of chapter 1-26.