2017 Senate Bill 13 - Printed

State of South Dakota  
NINETY-SECOND SESSION
LEGISLATIVE ASSEMBLY, 2017  

400Y0067   SENATE BILL   NO.  13  

Introduced by:    The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture
 

        FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning potato grades and standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 38-15-1 be repealed.
    38-15-1. Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
            (1)    "Closed containers," any containers closed so as to be secure for handling;
            (2)    "Label," any tag, label, or other device attached, written, stamped, printed, or stenciled on any closed container setting forth the grade, condition, quality, weight, variety, or class of the potatoes contained therein;
            (3)    "Potatoes," that edible vegetable commonly known as white or Irish potatoes.
    Section 2. That § 38-15-5 be repealed.
    38-15-5. The "South Dakota Certified Seed" grade of potatoes shall conform in all respects to the provisions of the seed laws of this state and the regulations made thereunder, and shall be labeled in accordance therewith.
    Section 3. That § 38-15-34 be repealed.
    38-15-34. Upon complaint made by the secretary of agriculture alleging violation of this chapter or of the regulations duly made thereunder, it shall be the duty of the attorney general and of the state's attorney in the county where the case arises to cause appropriate legal proceedings to be commenced and prosecuted in the proper courts without delay for the enforcement of the penalties as provided in this chapter.
    Section 4. That § 38-1-27 be repealed.
    38-1-27. The powers and duties set forth in chapter 38-15 shall be performed by the secretary of agriculture of the State of South Dakota, with such assistance as is afforded by the agronomy and plant pathology departments of the South Dakota State University at Brookings, South Dakota.
    Section 5. That § 38-1-28 be repealed.
    38-1-28. The secretary of agriculture is authorized to use the physical facilities and personnel of the South Dakota State University in the technical branches of seed testing, registration, certification, and analyzing, in order to adequately carry on the necessary work under chapter 38-15.