A regulated article may be moved from an area infested with Karnal bunt into, through, or within this state only under the following conditions:

1. (1) With a certificate or limited permit issued and attached in accordance with 7 C.F.R. § 301.89-6 and 301.89-10, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004);
2. (2) With a certificate or permit issued in accordance with §§ 12:51:09:02 and 12:51:09:03 by the state plant regulatory official in the state of origin and attached in accordance with § 12:51:09:04;

3. (3) Without a certificate or permit, if the following conditions are met:

   1. (a) The regulated article was moved into the regulated area from an area that is not infested;
   2. (b) The point of origin is indicated on the waybill accompanying the regulated article;
   3. (c) The regulated article is moved through the infested area without stopping; has been stored, packed, or handled at locations approved by the secretary as not posing a risk of contamination with Karnal bunt; or has been treated in accordance with the methods and procedures prescribed in 7 C.F.R. § 301.89-13, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004), while in or moving through any infested area; and
   4. (d) The article has not been combined or commingled with other articles so as to lose its individual identity; or
4. (4) Without a certificate or permit, if the regulated article is a sample being moved to an official laboratory specified by the secretary to process, test, or analyze samples.

Source: 23 SDR 16, effective August 5, 1996; 30 SDR 203, effective June 24, 2004.

General Authority: SDCL 38-24A-9.

Law Implemented: SDCL 38-24A-6 , 38-24A-10.