2012 South Dakota Codified Laws
Title 38 AGRICULTURE AND HORTICULTURE
Chapter 19A. Soil Amendments
§38-19A-1 Definition of terms.

38-19A-1. Definition of terms. Terms as used in this chapter, unless the context otherwise requires, shall mean:

(1) "Brand," any trademark, product name, or other specific designation under which any individual soil amendment is offered for sale;

(2) "Bulk," nonpackaged form;

(3) "Distributing," importing, consigning, manufacturing, producing, compounding, mixing or blending any soil amendment, or offering for sale, selling, bartering, or otherwise supplying any soil amendment in this state;

(4) "Distributor," any person who distributes any soil amendment in this state;

(5) "Investigational allowance," any allowance for variations inherent in the taking, preparation and analysis of an official sample of a soil amendment;

(6) "Label," any display of all written, printed, or graphic matter upon the immediate container or statement accompanying a soil amendment;

(7) "Labeling," any written, printed, or graphic matter, upon or accompanying any soil amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of such soil amendment;

(8) "Minimum percentage," that percentage of soil amendment ingredient that shall be present in a product before the product may be accepted for registration when distributed in any form or manner;

(9) "Official sample," any sample of a soil amendment taken by the secretary and so designated;

(10) "Percent," percentage by weight;

(11) "Registrant," any person who shall register any soil amendments under the provisions of this chapter;

(12) "Secretary," the secretary of the Department of Agriculture of the State of South Dakota;

(13) "Soil amending ingredient," any substance which will improve the physical, chemical, or other characteristic of the soil or improve crop production;

(14) "Soil amendment," any substance which is intended to improve the physical, chemical, or other characteristics of the soil or improve crop production, except the following: commercial fertilizer, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, lime or lime sludge produced by a water treatment facility, sewage sludge, as defined in § 38-19-1, and compost as defined in § 38-19-1;

(15) "Soil ingredient form," any ingredient or the chemical compound of an ingredient;

(16) "Ton," two thousand pounds avoirdupois net weight;

(17) "Weight," the weight of that material offered for sale.

Source: SL 1976, ch 244, § 1; SL 1995, ch 324, § 5.