Local governments preempted from
regulating certain agricultural products.
The provisions of South Dakota law and rules preempt any local legislation adopted
by any political subdivision of the state that is related to the production, use, advertising, sale,
distribution, storage, transportation, formulation, packaging, labeling, certification, registration,
application, planting, or disposal of seed as defined in
38-12A-1, commercial fertilizer as defined
38-19-1, commercial feed as defined in
39-14-39, animal remedies as defined in
and pesticide as defined in
38-20A-1. No political subdivision may adopt or continue in effect
any such local legislation regardless of whether a statute or a rule adopted by the state specifically
preempts the local legislation. Local legislation in violation of this section is void and
unenforceable. For purposes of this section, the term, local legislation, means any ordinance,
motion, resolution, amendment, regulation, or rule adopted by a political subdivision of the state.