(HB 1019)
Department of Agriculture, certain statutory programs revised.
Section
1.
That
§
38-12A-11
be amended to read as follows:
38-12A-11.
No person may sell, distribute, advertise, solicit orders for, offer for sale, expose
for sale, or transport seed without first obtaining from the Department of Agriculture a permit to
engage in the business. A permit is not required of any person selling or advertising seed of
his
the
person's
own production in South Dakota,
provided that
if
the seed is stored or delivered to a
purchaser only on or from the farm or premises where grown or the production and sale of seed
is not a primary endeavor and primary source of income to such persons. Each permit shall expire
on the
first
thirty-first
day of
July
December of the year
following the date of issue. The
annual
biennial
fee for a seed permit is: Seedsman
permit
--
one
two
hundred
fifty
dollars; Seed
producers
permit
producer
--
twenty-five
fifty
dollars; Seed
dealers permit
dealer
--
twenty-five
fifty
dollars.
A seed dealer's permit may be issued without fee when all lots of seed are furnished to him by
seedsman or seed producer with valid South Dakota permits and all of those seedsmen and seed
producers include application for the seed dealers permit as part of their application. All fees
collected under the provisions of this chapter shall be paid into the state treasury and credited to
the general fund.
Section
2.
That chapter
38-12A
be amended by adding thereto a NEW SECTION to read as
follows:
sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to
this chapter. The fund shall be maintained separately and be administered by the department in order
to defray the expenses of all activities associated with administering the seed program. Expenditures
from the fund shall be appropriated through the normal budget process. Unexpended funds and
interest shall remain in the fund until appropriated by the Legislature.
Section
3.
That
§
38-18-3
be amended to read as follows:
38-18-3.
Any person owning, leasing, or possessing bees shall file an application registering the
bees and each apiary with the secretary. The application shall be filed before the first day of
June
February
each year or within ten days of acquiring ownership or possession of any bees or apiary
or before moving bees into the state and shall contain each location by legal description, the name
of the landowner or lessee of the location, the number of colonies of bees in each apiary, and any
other information required by the secretary. The landowner or lessee authorizing the placement of
an apiary on a location may revoke the authorization by notifying the owner of the apiary and the
secretary in writing. Such revocation of authorization by a landowner or lessee is not sufficient
justification for a contested case hearing. If any person fails to register an apiary within the time
specified by this section, the landowner authorization for that location is invalid. A registration
application shall be approved or rejected by the secretary in compliance with this chapter or rules
promulgated pursuant to chapter 1-26. The secretary may deny applications, revoke permits
,
or
conduct contested case hearings in accordance with rules promulgated pursuant to chapter 1-26.
Any person failing to register
his
an
apiary or bees pursuant to this section is guilty of a Class 2
misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a
civil penalty not to exceed five hundred dollars for each location that
he
the person
has failed to
register.
Section
4.
That
§
38-18-5
be amended to read as follows:
38-18-5.
Any person registering an apiary pursuant to
§
38-18-3 shall pay a registration fee of
ten
eleven
dollars per permanent location and thirty dollars per temporary location.
The registration
fee shall be deposited in the general fund.
Section
5.
That
§
38-18-36
be amended to read as follows:
38-18-36.
There is hereby imposed upon each bee location within the state,
on or before the
first day of June of each year
at the time of registration
, a continuing annual assessment of one
dollar per location. The Department of Agriculture shall collect and deposit the funds in the honey
industry fund.
Section
6.
That chapter
38-18
be amended by adding thereto a NEW SECTION to read as
follows:
Section
7.
That
§
38-19-1
be amended to read as follows:
38-19-1.
Terms, as used in this chapter, mean:
38-19-2.1.
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
he
the
person
has obtained a distribution license from the secretary of agriculture.
A distribution license
is required for each location where commercial fertilizer is manufactured or mixed.
The license may
be granted only after payment of a fee of twenty-five dollars by the licensee. Each license expires
on the thirty-first day of December of
each
the
year
. This section does not apply to specialty
fertilizers, which registration requirements appear in
§
38-19-3.1
after the date of issuance. Any
distribution license application for renewal received after the thirty-first day of January of any year
shall be assessed a late payment fee equal to the original license fee, which shall be added to the
original fee and shall be paid by the applicant before the renewal license is issued
. Any person who
fails to obtain the proper license is subject to a civil penalty not to exceed one thousand dollars per
violation. Notice
must
shall
be given by registered mail prior to the
imposition of any
civil penalty
being imposed
.
Section
9.
That
§
38-19-2.2
be amended to read as follows:
38-19-2.2.
An application for a commercial fertilizer distribution license shall include the name
and address of the licensee
and the name and address of each distribution point operated by the
licensee in the state
. The licensee's name and address as it appears on the license shall appear on all
labels and pertinent invoices used by the licensee and on all bulk storage units operated by the
licensee in this state.
Section
10.
That
§
38-19-3.1
be repealed.
Section
11.
That
§
38-19-3.2
be repealed.
Section
12.
That
§
38-19-4.1
be repealed.
Section
13.
That
§
38-19-10
be amended to read as follows:
38-19-10.
There is paid to the secretary of agriculture for all commercial fertilizer distributed
to nonlicensees
in this state an inspection fee of
twenty
up to twenty-five
cents per ton.
This fee is
increased by thirty cents per ton which increase shall be deposited annually into the groundwater
protection fund to fund the groundwater research and education program established pursuant to
§
46A-1-85 for five years, at which point the fertilizer inspection fee for each ton of fertilizer shall
be twenty cents per ton. The secretary of agriculture may promulgate rules pursuant to chapter 1-26
to provide for an increase in the tonnage inspection fee of up to five cents per ton. Such increase
shall be commensurate with the overall cost of conducting commercial fertilizer inspections,
investigations, monitoring, providing information and education, and taking enforcement action
against violators.
The secretary of agriculture shall promulgate rules pursuant to chapter 1-26 to
establish the inspection fee.
Section
14.
That
§
38-19-18
be amended to read as follows:
38-19-18.
For the purposes of this chapter
,
a commercial fertilizer is deemed to be adulterated:
the label, or if adequate warning statements or directions for use, which may be
necessary to protect plant life, are not shown on the label;
Section
16.
That chapter
38-19
be amended by adding thereto a NEW SECTION to read as
follows:
Section
17.
That chapter
38-19
be amended by adding thereto a NEW SECTION to read as
follows:
Section
18.
That
§
38-19A-4
be amended to read as follows:
38-19A-4.
Each separately identified soil conditioner product shall be registered before being
distributed in this state. The application for registration shall be submitted to the secretary of
agriculture on the form furnished or approved by the secretary and shall be accompanied by a fee
of twenty-five dollars per product. Upon approval by the secretary, a copy of the registration shall
be furnished to the applicant. Each registration shall expire on December thirty-first
of the year
following the date of issuance. Each registrant shall submit to the secretary a copy of labels and
advertising literature with the registration request for each soil amendment.
Section
19.
That
§
38-19A-11
be amended to read as follows:
38-19A-11.
Every distributor shall file with the secretary, on forms furnished by the secretary
of agriculture,
semiannual statements
an annual statement
for
periods
the period
ending December
thirty-first
and June thirtieth
of each year
setting forth the number of net tons of each soil
amendment distributed in the state during that period. The report shall be due within thirty days
following each
semiannual
annual
reporting period.
If the report is not filed and the payment of the
inspection fee is not made within the time period specified, a collection fee amounting to ten percent
of the amount shall be assessed against the registrant. However, the minimum collection fee is ten
dollars.
The secretary
shall have the authority to
may
examine such records to verify statements of
tonnage. Such statement shall be accompanied by payment of an inspection fee of twenty cents per
ton for all soil amendments distributed in this state. The secretary may allow payment of inspection
fees on a calculated equivalent of volume to tons.
38-21-17.
No person may engage in the business of applying pesticides to the lands of another,
advertise as being in the business of applying pesticides to the lands of another at any time, apply
pesticides while in the performance of
his
duties as a governmental employee or otherwise act as
a commercial applicator without an applicator's license issued by the secretary of agriculture, unless
exempted under the provisions of this chapter. The secretary shall require
an annual
a
fee of
twenty-five dollars for each applicator license issued. The secretary of agriculture shall issue an
applicator license to government employees without a license fee. The fee exempt license is valid
only when the applicator is applying pesticides in the course of
his
employment for the
governmental entity. Any person who violates this section is subject to a civil penalty not to exceed
five thousand dollars per violation.
Section
21.
That
§
38-21-26
be amended to read as follows:
38-21-26.
A licensed applicator's license shall expire on the last day of February
of the second
year
following the year of issue unless it has been revoked or suspended prior thereto by the
secretary of agriculture for cause, as provided for in
§
38-21-44.
Section
22.
That
§
38-21-33.1
be amended to read as follows:
38-21-33.1.
It is a Class 2 misdemeanor for any person to act in the capacity of a licensed
pesticide dealer or advertise as a licensed pesticide dealer at any time without first having obtained
an annual
a
license from the Department of Agriculture
which
that
shall expire on the last day of
February
of the second year
following the year of issue. In addition to any criminal penalty, any
person who violates this section is subject to a civil penalty not to exceed five thousand dollars per
violation.
Section
23.
That
§
38-21-33.5
be amended to read as follows:
38-21-33.5.
Application for a license shall be accompanied by a fifty dollar
annual
license fee
and shall be on a form prescribed by the secretary of agriculture.
The annual license fee for any
applicant who also holds a licensed applicator license shall be twenty-five dollars.
Section
24.
That
§
38-21-42
be amended to read as follows:
38-21-42.
Any person holding a current valid license or certification may renew such license
or certification for the next
year
biennium
without taking another examination unless the secretary
of agriculture determines that additional knowledge related to classifications for which the applicant
has applied makes a new examination necessary or if additional demonstration of qualifications is
determined necessary for a person who has had a license suspended or revoked or has had one or
more previous violations of this chapter.
Section
25.
That
§
38-21-43
be amended to read as follows:
38-21-43.
If the application for renewal of any license provided for in this chapter is not filed
prior to March first in any year
of expiration
, a penalty of fifty dollars shall be assessed and added
to the original fee and shall be paid by the applicant before the renewal license is issued.
Section
26.
That
§
38-24B-1
be amended to read as follows:
38-24B-1.
Terms
,
as used in this chapter,
unless the context otherwise requires,
mean:
Section
28.
That
§
38-24B-9
be amended to read as follows:
38-24B-9.
Any nurseryman whose location is outside the state may obtain a certificate of
inspection to sell nursery stock within the state by filing a certified copy of
his
the
official inspection
certificate and paying a
thirty
one hundred fifty
dollar fee to the secretary of agriculture. The
secretary may waive the payment of the fee if the applicant's state does not require a fee by South
Dakota applicants for a like certificate in that state.
Section
29.
That
§
38-24B-12
be amended to read as follows:
38-24B-12.
Any grower or dealer of decorative plants, annual plants, sod, or related plant
products may apply to the department for a certificate of inspection. The Department of Agriculture
may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or
related plant products have been officially inspected and found free from pests. The fee for
inspection and certification is
thirty
one hundred fifty
dollars plus
thirty cents
two dollars
for each
acre of growing field and
thirty cents
two dollars
for each one thousand square feet of growing
greenhouse.
Section
30.
That chapter
38-24B
be amended by adding thereto a NEW SECTION to read as
follows:
Section
31.
That
§
39-14-40.1
be amended to read as follows:
39-14-40.1. No person who manufactures a commercial feed within the state, or whose name appears on the label of a commercial feed as guarantor, may distribute a commercial feed in the state without first obtaining a commercial feed license from the secretary on forms provided by the secretary that identify the manufacturer's or guarantor's name, place of business, and location of each manufacturing facility in the state and such other appropriate information necessary for enforcement of this chapter. The fee for a new or renewal license is fifty dollars per in-state location
or manufacturer name and location listed on a commercial feed label, except that in the case of
in-state manufacturers who manufacture only customer formula feeds, no fee may be collected.
Each license expires on the thirty-first of December of
each
the
year
after the date of issuance
.
Commercial feed license applications for renewal received after the thirty-first of January of each
year shall be assessed a late payment fee equal to the original license fee, which shall be added to
the original fee and shall be paid by the applicant before the renewal license is issued.
Section
32.
That
§
39-14-43
be amended to read as follows:
39-14-43.
An inspection fee established in rules promulgated by the secretary of agriculture
pursuant to chapter 1-26, but not to exceed twenty-four cents per ton, shall be paid on commercial
feeds distributed in this state by the person who distributes the commercial feed to the consumer
subject to the following:
39-14-44.
Any person who is liable for payment of an inspection fee shall:
39-18-8.
Upon approval by the secretary of agriculture, a copy of the registration of an animal
remedy shall be forwarded to the applicant. All registrations are on
an annual
a biennial
basis,
expiring the thirty-first day of December
of the year after the date of registration
.
An annual
A
biennial
registration fee of twenty-five dollars for each product shall be paid to the secretary upon
application for registration.
Section
35.
That
§
38-18-27
be amended to read as follows:
38-18-27.
Any person may request to enter into a compliance agreement with the secretary or
that the secretary make additional inspections of bees, bee equipment, or honey houses. The person
requesting the agreement
or the
shall pay a fee of fifty dollars per compliance agreement. If an
inspection
is conducted, the person requesting the inspection
shall pay the secretary any extra
expense incidental to such inspection plus mileage and per diem for inspectors' expenses.
Section
36.
That
§
38-19-12
be amended to read as follows:
38-19-12.
Each licensed distributor of commercial fertilizer shall file with the secretary of
agriculture 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 reporting period. The report is due on or before the thirtieth of January
following the close of the reporting period and on the basis of
his
the
statement each licensed
distributor of commercial fertilizer shall pay the inspection fee at the rate
stated in
pursuant to
§
38-19-10.
If more than one person is involved in the distribution of a commercial fertilizer, the
distributor who imports, manufactures, or produces the commercial fertilizer is responsible for the
inspection fee on products produced or brought into this state. The distributor shall separately list
the inspection fee on the invoice to the licensee. The last licensee shall retain the invoices showing
proof of inspection fees paid for three years and shall pay the inspection fee on commercial fertilizer
brought into this state or produced before July 1, 2001, unless the distributor has reported and paid
the fees.
If the tonnage report is not filed and the payment of inspection fee is not made within thirty
days after the end of the period, a collection fee amounting to ten percent (minimum ten dollars)
of the amount shall be assessed against the licensee and the amount of fees due constitutes a debt
and becomes the basis of a judgment against the licensee. The secretary may verify the records on
which statements of tonnage are based and each licensed distributor of commercial fertilizer shall
grant the secretary permission to verify the records on
his
the licensee's
application for license and
on each tonnage report.
If more than one licensee is involved in a commercial fertilizer distribution
chain, the last licensee who distributes commercial fertilizer to a nonlicensee is responsible for filing
the tonnage report and paying the inspection fee.
The secretary may
, at his discretion,
revoke or
refuse to renew the license of any licensee failing to comply with this section. No information
furnished under this section may be disclosed by the secretary
or his agents
or anyone having access
to tonnage reports if the disclosure will in any way divulge any part of the operations of a licensee.
Section
37.
That
§
38-24B-14
be amended to read as follows:
38-24B-14.
A certificate issued pursuant to the provisions of this chapter is in effect for a period
not to exceed
one year
two years
and expires on December thirty-first
of the year
following the date
of issue.