2021 South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 20A - Pesticides
Section 38-20A-49 - 38-20A-49.Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.
38-20A-49. Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.
If it appears from an examination under §38-20A-39 that a pesticide or device fails to comply with this chapter, and the secretary contemplates a referral to the state's attorney to institute criminal proceedings against a person, the secretary shall notify that person. A person so notified may present the person's views within thirty days of receiving notice, either orally or in writing, with regard to the contemplated proceedings. If, in the opinion of the secretary, it appears that this chapter has been violated, the secretary shall refer the facts to the state's attorney for the county in which the violation occurred with a copy of the results of the analysis or the examination of the pesticide or device.
Source: SL 1947, ch 99, §7; SDC Supp 1960, §22.12A07 (1); SDCL, §39-19-48; SL 1983, ch 281, §41; SL 2020, ch 174, § 3.
