2021 South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 10 - Wheat Development And Promotion
Section 38-10-2 - Definition of terms.
38-10-2. Definition of terms.
Terms used in this chapter mean:
(1)"Commercial channels," the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat;
(2)"Commission" or "wheat commission," the Wheat Utilization, Research and Market Development Commission;
(3)"First purchaser," any person, public or private corporation, or partnership buying, accepting for shipment (either in state or out of state), or otherwise acquiring the property in or to wheat from a grower. The term includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, if the actual or constructive possession of the wheat is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim;
(4)"Grower," anyone personally engaged in growing wheat, including both the owner and tenant jointly, a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and any other business units, devices, and arrangements;
(5)"Participating grower," a grower who has not requested a refund from the payment of the promotional fee for the past three years; and
(6)"Net market price," the sale price received by a grower for wheat after adjustment for any premium or discount based on grading or quality factors.
Source: SL 1961, ch 11, §3; SL 1993, ch 302, §1; SL 1994, ch 351, §90; SL 2014, ch 193, §1.
