Section 38-10-2 - Definition of terms. - South Dakota Statutes

38-10-2. Definition of terms. Terms used in this chapter mean:
(1) "Commercial channels," the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat;
(2) "Commission" or "wheat commission," the Wheat Utilization, Research and Market Development Commission;
(3) "First purchaser," any person, public or private corporation, or partnership buying, accepting for shipment (either in state or out of state) or otherwise acquiring the property in or to wheat from a grower, and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, where the actual or constructive possession of such wheat is taken as part payment or in satisfaction of such mortgage, pledge, lien, or claim;
(4) "Grower," anyone personally engaged in growing wheat, and includes both the owner and tenant jointly, a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and any and all other business units, devices and arrangements;
(5) "Participating grower," a grower who has not requested a refund from the payment of the promotional fee for the past three years.

Source: SL 1961, ch 11, § 3; SL 1993, ch 302, § 1; SL 1994, ch 351, § 90.