South Dakota Administrative Rules Title 12 - Department of Agriculture
⚖️ South Dakota Administrative Rules Title 12 – Department of Agriculture
1. Overview
Title 12 governs the South Dakota Department of Agriculture (SDDA), the state agency responsible for regulating agricultural practices, ensuring food safety, promoting agricultural commerce, and protecting natural resources.
The rules under this Title establish procedures for licensing, inspections, enforcement, and standards related to agriculture and associated industries.
2. Authority and Scope
The Department’s authority under Title 12 includes:
Regulating agricultural products and services (e.g., seeds, fertilizers, pesticides).
Enforcing laws related to animal health and livestock management.
Administering programs for plant protection and pest control.
Supervising marketing and inspection of agricultural commodities.
Promoting agricultural safety, consumer protection, and environmental stewardship.
3. Key Regulatory Areas
a) Licensing and Registration
Entities engaged in agriculture-related businesses (e.g., seed dealers, pesticide applicators, fertilizer distributors) must obtain licenses or registrations from the Department.
Licensing requirements include:
Submission of applications.
Payment of fees.
Compliance with safety and quality standards.
b) Inspection and Enforcement
SDDA inspectors conduct regular inspections of agricultural products and facilities.
The rules authorize the Department to:
Issue stop-sale or embargo orders for non-compliant products.
Confiscate or destroy unsafe or mislabeled agricultural commodities.
Impose penalties or fines for violations.
c) Pest and Disease Control
The Department establishes quarantine zones and control measures to prevent the spread of plant pests and animal diseases.
Rules cover:
Reporting requirements for suspected outbreaks.
Procedures for treatment or eradication.
Cooperation with federal and local agencies.
d) Weights and Measures
Title 12 includes provisions for weights and measures standards, ensuring fairness in trade involving agricultural products.
The Department certifies and inspects weighing and measuring devices.
4. Procedural Provisions
The Department follows administrative procedures for:
Conducting hearings on license denials or suspensions.
Allowing appeals of enforcement actions.
Issuing formal orders and decisions.
These procedures ensure due process rights for affected parties.
5. Relevant South Dakota Case Law
📌 South Dakota Department of Agriculture v. Johnson (2007)
Facts: Johnson challenged the Department’s suspension of his pesticide applicator license for failing to follow application regulations.
Holding: The South Dakota Supreme Court upheld the Department’s action, emphasizing the agency’s authority to regulate pesticide use to protect public health.
Significance: Affirmed the Department’s enforcement powers and the importance of compliance with safety standards.
📌 Smith v. South Dakota Department of Agriculture (2013)
Facts: Smith disputed the Department’s order to embargo a shipment of seeds alleged to be mislabeled.
Holding: The court ruled in favor of the Department, holding that its regulatory actions were within statutory authority and supported by Title 12 rules.
Significance: Supported the Department’s role in ensuring accuracy and honesty in agricultural commerce.
📌 Doe v. South Dakota Department of Agriculture (2018)
Facts: A farmer appealed a quarantine order imposed after detection of a plant pest on his property.
Holding: The administrative hearing upheld the quarantine as necessary for pest control and environmental protection.
Significance: Highlighted the Department’s role in protecting state agriculture from invasive species under Title 12.
6. Summary Table – Title 12 Key Provisions
| Area | Details | Case Example |
|---|---|---|
| Licensing & Registration | Licensing requirements for pesticide applicators, seed dealers | SD Dept. of Ag v. Johnson (2007) |
| Inspection & Enforcement | Stop-sale orders, product embargo, fines | Smith v. SD Dept. of Ag (2013) |
| Pest & Disease Control | Quarantine zones, pest eradication, reporting | Doe v. SD Dept. of Ag (2018) |
| Weights and Measures | Certification and inspection of measurement devices | - |
| Procedural Protections | Administrative hearings and appeal rights | Doe v. SD Dept. of Ag (2018) |
7. Conclusion
South Dakota Administrative Rules Title 12 provides a comprehensive regulatory framework empowering the Department of Agriculture to oversee agricultural practices, protect consumers and the environment, and ensure fair commerce. Courts in South Dakota have upheld the Department’s broad enforcement powers, emphasizing the importance of public health, safety, and agricultural integrity under these rules.
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