South Dakota Statutes

§ 38-20A-49 — Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.

South Dakota § 38-20A-49
JurisdictionSouth Dakota
Title 38AGRICULTURE AND HORTICULTURE
Ch. 38-19APESTICIDES

This text of South Dakota § 38-20A-49 (Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 38-20A-49 (2026).

Text

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.

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Legislative History

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.

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Bluebook (online)
South Dakota § 38-20A-49, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/38-20A-49.