Cooperation and coordination with other departments--Preventing duplication of
The secretary of agriculture shall furnish such cooperation, coordination, data, and
information to other departments, subdivisions, or officers of the state government as may promote
the most efficient administration of the state government as a whole and as may tend to prevent
duplication of effort and expense in administration of such government, and he shall have the right
to require the same for such purposes from other departments, subdivisions, or officers of the state
Representation of agricultural interests before federal agencies.
The secretary of
agriculture shall have power to arrange, subject to approval of the Governor, for representation
before legislative and administrative agencies of the federal government, at such times as it seems
advisable and in the manner deemed most advantageous to the state, for the purpose of obtaining
federal legislation or administrative rulings helpful to the agricultural interests of the country, either
individually or cooperatively with another state or other states with like interests, or in cooperation
with agricultural organizations.
Source: SL 1921, ch 190, § 5; SDC 1939, § 4.0104 (12); SL 1978, ch 281, § 7.
38-1-38.1 Principles of state before federal government.
Principles of state before federal government.
The State of South Dakota, its
agencies and representatives shall adhere to the following principles whenever representing the State
of South Dakota before the United States Congress, the President, the United States Department of
Agriculture, or any other federal agency in any matter concerning the cattle industry:
Federal beef import quotas should be broadened to cover all classification of cattle, beef,
and beef products;
Federal beef import quotas should be correlated with domestic beef production so that
beef imports will increase when domestic production is low and decrease when domestic
production is high;
The federal government should require all imported beef and beef products to be clearly
labeled so as to identify the country of origin;
No meat may be imported into this country unless it meets federal meat inspection
Federal health inspection of imported live cattle should be at least as stringent as the
import health inspection of the exporting country;
The federal government should vigorously enforce all existing statutes and treaty
restrictions against unfair international trade practices, such as beef export subsidies,
rebates, and production credits.
SL 1979, ch 261, § 2.
Repealed by SL 1986, ch 326, § 6
38-1-40 Prosecution by secretary of violations--Security for costs not required.
Prosecution by secretary of violations--Security for costs not required.
of agriculture may make complaint against any person violating any of the provisions of the laws he
is empowered to enforce or administer, before any court having jurisdiction, and security for costs
shall not be required of the complainant in any action or proceeding instituted by him or under his
authority for the purpose of such enforcement, and it shall be the duty of all prosecuting officers of
this state to prosecute all actions or proceedings instituted by the secretary of agriculture.
Source: SL 1925, ch 115, ch III, art V, § 3; SDC 1939, § 4.0105.
Repealed by SL 1993, ch 311, § 8
38-1-42 Establishment of the farm link program.
Establishment of the farm link program.
The farm link program is hereby
established and shall be administered by the Department of Agriculture and the South Dakota
Cooperative Extension Service. Under the program, the department shall create a directory of
prospective beginning farmers and ranchers and a directory of available or potentially available farms
and ranches, which shall be used in matching the two groups. The department may, if practicable,
use the resources of the South Dakota ag enterprise program. In administering the Farm Link
Program, the department shall attempt to cooperate with similar programs in surrounding states to
provide a greater opportunity for matching the interests of entering and retiring farmers and ranchers.
The department shall also make available information on farm lending opportunities.
Source: SL 1993, ch 300, § 1.
38-1-43 Rules governing the farm link program.
Rules governing the farm link program.
The Department of Agriculture shall
promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant
to § 38-1-42. The rules shall include provisions governing program eligibility and procedures for
data management, applications, and program administration.
Source: SL 1993, ch 300, § 2.
38-1-44 Definition of terms.
Definition of terms.
Terms used in §§ 38-1-44 to 38-1-50, inclusive mean:
"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 occurred;
"Transgenic organism," an organism that has been modified by genetic engineering to
contain DNA from an outside source.
SL 2002, ch 188, § 1.
38-1-45 Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
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:
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
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.
Source: SL 2002, ch 188, § 2.
38-1-46 Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking...
Request that secretary collect samples--Secretary's designee--Fee--Notice of sample
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.
Source: SL 2002, ch 188, § 3.
38-1-47 Patent holder may seek protection order--Limitations.
Patent holder may seek protection order--Limitations.
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.
Source: SL 2002, ch 188, § 4.
38-1-48 Samples--Where taken.
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.
Source: SL 2002, ch 188, § 5.
38-1-49 Promulgation of rules.
Promulgation of rules.
The secretary of agriculture may promulgate rules, pursuant
to chapter 1-26, to determine the following sampling protocols:
To determine who is authorized to collect samples or conduct related activity;
To determine methods of sample storage;
To establish standards for sampling, inspecting, analyzing, and testing seeds; and
To implement fees to recover sampling and related costs.
SL 2002, ch 188, § 6.
38-1-50 Results to be sent to both parties by registered mail--Time.
Results to be sent to both parties by registered mail--Time.
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.
Source: SL 2002, ch 188, § 7.
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