SDCL § 38-1-46: Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking.

If either party requests the secretary of agriculture and natural resources to provide for the collection of samples under § 38-1-45, or to participate in or conduct any other aspect of the sampling or analysis process, the secretary shall designate an employee or enter into an agreement with a person or entity to implement the specified activity as provided in rules under § 38-1-49. The person or entity may be, but is not required to be, an employee or agency of the State of South Dakota. The patent holder shall pay the fee charged by the department under rules promulgated pursuant to § 38-1-49. The farmer and the person holding the patent may each be present at any collection of samples conducted under §§ 38-1-44 to 38-1-50, inclusive, and each shall be notified of the time and location of the sample taking in a timely manner.