South Dakota § 38-24B-1 - Definitions.

§ 38-24B-1. Definitions.

Terms, as used in this chapter, mean:

(1)    "Annual plants," ornamental or vegetable plants which are commonly grown in movable containers and transplanted to out of doors locations and which do not live for more than one growing season;

(2)    "Dealer," any person who is not a resident nurseryman:

(a)    Who buys nursery stock for the purpose of reselling or reshipping;

(b)    Who makes landscape plans using nursery stock and negotiates in the purchase of nursery stock for clients; or

(c)    Who contracts to furnish and plant nursery stock;

(3)    "Decorative plants," indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because of climatic conditions and natural peculiarities of habit or growth and because of the purpose of their cultivation;

(4)    "Department," the State Department of Agriculture and Natural Resources;

(5)    "Nursery," any grounds or premises on which nursery stock is being grown, fumigated, packed, displayed, or stored, if such stock is or will either be sold or offered for sale or distribution;

(6)    "Nurseryman," any person who owns, leases, manages, or is in charge of a nursery;

(7)    "Nursery stock," trees, shrubs, or other plants having a persistent woody stem; all herbaceous perennials; and parts of either of those which are capable of propagation, except for seeds, true bulbs, rhizomes, corms, and tubers while in a dormant condition;

(8)    "Pest," any animal, plant, insect, infectious transmissible or contagious disease, or other organism which is or may be dangerous or detrimental to the plant industry of the state;

(9)    "Regulated pest," any pest which the secretary determines is sufficiently detrimental to the plant industry of the state to warrant control or eradication measures;

(10)    "Related plant products," seed, true bulbs, rhizomes, corms, roots, and tubers of nursery stock while in a dormant condition and nonviable plant to include forced blooming plants and Christmas trees;

(11)    "Resident nurseryman," any nurseryman in this state who grows all or a portion of the nursery stock that the nurseryman sells or distributes;

(12)    "Secretary," the state secretary of agriculture and natural resources;

(13)    "Sod," grassy surface soil held together by matted roots of grass cultivars, mixtures, or blends of grass cultivars and used in residential and commercial landscape;

(14)    "Viable," capable of germination or living and developing under normal growing conditions into a plant which would be typical in height, spread, caliper, dimension, condition, quality, and age for a plant of that species.

Source: SL 1985, ch 313, § 1; SL 1986, ch 335, §§ 1, 2; SL 2001, ch 215, § 26; SL 2017, ch 181, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.