reglab/housing_qa huggingface dataset:
SD Codified L § 38-21-33.4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.4 - License required for outlets--Transitory locations prohibited.

38-21-33.4. License required for outlets--Transitory locations prohibited.A pesticide dealer's license is required for each location or outlet located within this state from which pesticides are distributed. A manufacturer, registrant, or distributor who has no location licensed within this state, but who distributes pesticides directly into this state shall obtain a pesticide dealer license for the principal out-of-state location or outlet of the manufacturer, registrant, or distributor. A licensed location may not be transitory. Source: SL 1975, ch 251, §4; SL 2020, ch 173, § 45.
SD Codified L § 38-21-33.5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.5 - Pesticide dealer's license--Fee--Form of application.

38-21-33.5. Pesticide dealer's license--Fee--Form of application.An application for a pesticide dealer's license shall be accompanied by a seventy-five dollar license fee and shall be on a form prescribed by the secretary. Source: SL 1975, ch 251, §5; SL 2001, ch 215, §23; SL 2020, ch 175, § 8.
SD Codified L § 38-21-33.6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.6 - Denial, suspension, or revocation of dealer's license--Hearing.

38-21-33.6. Denial, suspension, or revocation of dealer's license--Hearing.A pesticide dealer's license is subject to denial, suspension, or revocation after a hearing, pursuant to chapter 1-26, for any violation of this chapter if the violation was committed by the dealer, or by the dealer's officer, agent, or employee. Source: SL 1975, ch 251, §8; SL 2020, ch 173, § 46.
SD Codified L § 38-21-33.8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.8 - Pesticide dealer--Exemption.

38-21-33.8. Pesticide dealer--Exemption.Any person holding a pesticide dealer's license pursuant to §38-21-33.1 is exempt from purchasing a poison license for any pesticide listed as a poison under chapter 34-20 and from maintaining a poison register as required in §§34-20-4 and 34-20-5. Source: SL 1986, ch 282; SL 2020, ch 173, § 47.
SD Codified L § 38-21-33.9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.9 - Pesticide dealer's license--Expiration.

  38-21-33.9  .  Pesticide dealer's license--Expiration.   A pesticide dealer's license shall expire on the last day of February of the second year following the year of issuance unless the license is revoked before the expiration by the secretary, as provided for in §  38-21-44  .     Source:  SL 2020, ch 175, § 9.
SD Codified L § 38-21-34 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-34 - Applicator's license--Limitations.

38-21-34. Applicator's license--Limitations.No applicator may hold more than one applicator's license simultaneously. Any private applicator's license held by a commercial applicator shall become invalid upon issuance of a commercial applicator's license by the secretary. Source: SL 1955, ch 73; SDC Supp 1960, §22.12B05; SDCL, §38-21-10; SL 1974, ch 255, §5; SL 2020, ch 174, § 10.
SD Codified L § 38-21-35 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-35 - Veterinarians --Exemption.

38-21-35. Veterinarians --Exemption.The licensing requirements of this chapter do not apply to a licensed veterinarian applying pesticides other than restricted-use pesticides to animals during the normal course of the veterinarian's practice if the veterinarian is not principally or regularly engaged in the business of applying pesticides and is not publicly identified as a pesticide applicator. Source: SL 1974, ch 255, §27; SL 2020, ch 173, § 48.
SD Codified L § 38-21-36 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-36 - Research applications under laboratory conditions exempt.

38-21-36. Research applications under laboratory conditions exempt.The licensing requirements of this chapter shall not apply to research personnel applying pesticides under laboratory conditions. Source: SL 1974, ch 255, §28; SL 1976, ch 245, §5.
SD Codified L § 38-21-37 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-37 - Application without compensation--Exemption.

38-21-37. Application without compensation--Exemption.The licensing requirements of this chapter do not apply to any person using hand-powered equipment to apply pesticides, other than restricted-use pesticides, to lawns, or to ornamental shrubs and trees not in excess of twelve feet high, if applied without compensation. Source: SL 1974, ch 255, §26; SL 1991, ch 326, §12; SL 2020, ch 173, § 49.
SD Codified L § 38-21-39 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-39 - Restricted-use pesticide classifications--Promulgation of rules.

38-21-39. Restricted-use pesticide classifications--Promulgation of rules.For the purpose of uniformity and in order to enter into cooperative agreements, the secretary may promulgate rules, pursuant to chapter 1-26, adopting restricted-use pesticides classifications as determined by the federal Environmental Protection Agency, to determine state restricted-use pesticides, to restrict the use of certain pesticides, or to disallow the use of certain pesticides within the state or within designated areas of the state. Source: SL 1974, ch 255, §3; SL 1986, ch 326, §47; SL 1991, ch 326, §14; SL 2020, ch 173, § 50.
SD Codified L § 38-21-39.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-39.1 - Unlicensed sale of restricted-use pesticide--Misdemeanor--Civil penalty.

38-21-39.1. Unlicensed sale of restricted-use pesticide--Misdemeanor--Civil penalty.No person without a pesticide dealer's license issued by the secretary under the provisions of this chapter may sell any restricted-use pesticide to any person. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Source: SL 1975, ch 251, §9; SL 1977, ch 190, §329; SL 1987, ch 287, §6; SL 1988, ch 316, §2; SL 1991, ch 326, §15; SL 2020, ch 173, § 51.
SD Codified L § 38-21-39.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-39.2 - Sale of restricted-use pesticide to unlicensed person--Misdemeanor--Civil penalty.

38-21-39.2. Sale of restricted-use pesticide to unlicensed person--Misdemeanor--Civil penalty.No pesticide dealer may sell a restricted-use pesticide to any person who is not licensed under this chapter. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Any pesticide dealer is responsible for acts committed by the pesticide dealer's officers, agents, or employees under the civil penalty provisions of this section. Source: SL 1988, ch 316, §3; SL 2020, ch 173, § 52.
SD Codified L § 38-21-39.3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-39.3 - Unlicensed buying of restricted-use pesticide--Misdemeanor--Civil penalty.

38-21-39.3. Unlicensed buying of restricted-use pesticide--Misdemeanor--Civil penalty.No person without a license issued under this chapter may buy any restricted-use pesticide. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Source: SL 1988, ch 316, §4; SL 1991, ch 326, §16; SL 2020, ch 173, § 53.
SD Codified L § 38-21-40 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-40 - Restricted-use pesticides--Licensure required--Restrictions--Criteria--Penalty.

38-21-40. Restricted-use pesticides--Licensure required--Restrictions--Criteria--Penalty.No person may use any restricted-use pesticide without that person first complying with the licensing requirements of this chapter and any other restrictions as may be determined by the secretary, pursuant to §38-21-39, as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use. In determining restrictions, the secretary shall, pursuant to §38-21-39, consider the characteristics of the pesticide formulation such as the acute dermal inhalation toxicity; the persistence, mobility, and susceptibility to biological concentration; the use experience which may reflect an inherent misuse of an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards of patterns of use such as granular soil applications, ultra-low volume or dust aerial applications, or air blast sprayer applications; and the extent of the intended use. Any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Source: SL 1974, ch 255, §7; SL 1987, ch 287, §7; SL 2020, ch 174, § 12.
SD Codified L § 38-21-41 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-41 - Reciprocal waiver of examinations.

38-21-41. Reciprocal waiver of examinations.The secretary may waive any examination requirement under any provision of this chapter on a reciprocal basis with any other state which has substantially the same standards. Source: SL 1974, ch 255, §24; SL 2020, ch 173, § 54.
SD Codified L § 38-21-42 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-42 - Renewal of license--Requirements--Exceptions.

38-21-42. Renewal of license--Requirements--Exceptions.Any person holding a current valid license may renew the license for the next biennium without taking another examination unless the secretary determines that additional knowledge related to classifications for which the applicant has applied makes a new examination necessary or if additional demonstration of qualifications is determined necessary for a person who has had a license suspended or revoked or has had one or more previous violations of this chapter. Any person whose license has expired and has not been renewed in accordance with this chapter before the expiration, shall be required to take the examination to obtain a new license. Source: SL 1974, ch 255, §15; SL 1986, ch 332, §8; SL 1988, ch 316, §5; SL 2001, ch 215, §24; SL 2020, ch 174, § 13.
SD Codified L § 38-21-44.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-44.1 - Contemplated criminal proceedings--Notice--Opportunity to present views--Referral to state's attorney.

38-21-44.1. Contemplated criminal proceedings--Notice--Opportunity to present views--Referral to state's attorney.If it appears from an examination pursuant to this chapter that there has been a violation of this chapter, and the secretary contemplates a referral to the state's attorney for criminal proceedings against a person, the secretary shall notify that person in writing. 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 by the person, 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, the examination of the pesticide or device or any other relevant evidence, and information in the possession of the secretary. This referral by the secretary is not required if it appears to the secretary that the violation is minor, and the secretary believes that the public will be best served by a written warning. Source: SL 2020, ch 174, § 15.
SD Codified L § 38-21-44.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-44.2 - Obtaining voluntary compliance--Administrative settlement agreements.

38-21-44.2. Obtaining voluntary compliance--Administrative settlement agreements.Nothing in this chapter prevents the department from obtaining voluntary compliance with the provisions of this chapter through a conference, settlement, or any other appropriate means. The secretary may enter into an administrative settlement agreement regarding any violation of the provisions of this chapter including stipulated settlements of any civil penalty or administrative sanction authorized under this title. Source: SL 2020, ch 174, § 16.
SD Codified L § 38-21-45 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-45 - Pesticide damage--Liability.

38-21-45. Pesticide damage--Liability.Nothing in this chapter may be construed to relieve any person from liability for any damage to another caused by the use of pesticides even though the use conforms to the rules promulgated under the authority of this chapter. Source: SL 1974, ch 255, §34; SL 2020, ch 174, § 17.
SD Codified L § 38-21-46 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-46 - Notice of damage--Requirements--Exception.

38-21-46. Notice of damage--Requirements--Exception.Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of:(1)Thirty days after the date that the damages were observed or should have been observed; or(2)If a growing crop is alleged to have been damaged, before the time that twenty-five percent of the crop has been harvested or destroyed.This section does not apply if the person seeking reimbursement for damage was the applicator of the pesticide. Source: SL 1974, ch 255, §20; SL 1991, ch 326, §18; SL 2020, ch 174, § 18.
SD Codified L § 38-21-47 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-47 - Inspection of damages--Requirements.

38-21-47. Inspection of damages--Requirements.Upon notifying the applicator as required under §38-21-46, the person seeking reimbursement for the alleged damage shall permit the applicator and up to four representatives of the applicator to enter the person's property during reasonable hours for the purpose of observing and examining the alleged damage. If the person fails to allow entry, the person is barred from asserting a claim against the applicator. Source: SL 1974, ch 255, §20; SL 2020, ch 174, § 19.
SD Codified L § 38-21-49 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-49 - Pesticide incident--Failure to report.

38-21-49. Pesticide incident--Failure to report.The failure to report an incident in accordance with the provisions of §38-21-16 is not a violation of this chapter. If the person failing to file a report is the only one injured from the use or application of a pesticide by others, the secretary may, when in the public interest, refuse to hold a hearing for the suspension, modification, or revocation of a license issued under this chapter. Source: SL 1974, ch 255, §21; SL 2020, ch 174, § 21.
SD Codified L § 38-21-50.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-50.2 - Damages to injured person.

38-21-50.2. Damages to injured person.Civil penalties specified in §§38-21-15.2, 38-21-17, 38-21-23, 38-21-33.1, 38-21-39.1, 38-21-39.2, 38-21-39.3, 38-21-40, and 38-21-44 do not lessen the damages that may be awarded to any person injured. Source: SL 1987, ch 287, §11; SL 1991, ch 326, §20; SL 2020, ch 174, § 23.
SD Codified L § 38-21-51 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-51 - Administration and enforcement of chapter--Promulgation of rules.

38-21-51. Administration and enforcement of chapter--Promulgation of rules.The secretary may promulgate rules pursuant to chapter 1-26 providing for:(1)The inspection of storage and disposal areas;(2)The inspection of application equipment and equipment storage areas;(3)The establishment of restricted pesticide uses or methods of distribution;(4)Standards for the use, transportation, storage, handling, and disposal of pesticides or pesticide containers, rinsate, and application equipment;(5)The reporting of pesticide accidents and incidents;(6)Standards for the certification of applicators of pesticides;(7)Standards for the examination and testing of applicators of pesticides;(8)The establishment of fees for a private applicator's license not to exceed twenty-five dollars per license;(9)Pesticide applicator reporting and record keeping requirements;(10)The establishment of state restricted-use pesticides for designated areas within the state;(11)Pesticide dealers reporting and record keeping requirements;(12)The establishment of certification categories and sub-categories;(13)The classification or sub-classification of licenses; and(14)The use of pesticides through irrigation systems. Source: SL 1949, ch 87, §6; SL 1951, ch 112, §3; SL 1953, ch 93, §2; SDC Supp 1960, §22.12B06; SDCL, §38-21-11; SL 1974, ch 255, §2; SL 1986, ch 326, §48; SL 2020, ch 175, § 11.
SD Codified L § 38-21-52 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-52 - Cooperation with other agencies.

38-21-52. Cooperation with other agencies.The secretary may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter; to secure uniformity of regulations; to cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs; to develop and administer state programs for training and certification of certified applicators consistent with federal standards; to contract for training with other agencies including federal agencies for the purpose of training certified applicators; to contract for monitoring pesticides for the national plan; to prepare and submit state plans to meet federal certification standards and issuance of experimental permits; and to regulate certified applicators. Source: SL 1974, ch 255, §14; SL 2020, ch 173, § 55.
SD Codified L § 38-21-53 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-53 - Entry and inspection by secretary.

38-21-53. Entry and inspection by secretary.To perform any duty pursuant to the provisions of this chapter, the secretary may enter any public or private premises at any reasonable time to inspect any pesticide-related equipment and the premises on which the equipment is kept or stored, to inspect lands actually or reportedly exposed to pesticides, to inspect storage or disposal areas, to investigate complaints of injury to humans or land, to examine any records required to be maintained pursuant to this chapter, or to sample pesticides being applied or to be applied. The secretary may apply to any court of competent jurisdiction for a search warrant authorizing access to any land or premises to which the secretary may be denied access. Source: SL 1974, ch 255, §31; SL 2020, ch 173, § 56.
SD Codified L § 38-21-55 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-55 - Cause of action--Injunction.

38-21-55. Cause of action--Injunction.The secretary may cause an action to commence in any court of competent jurisdiction to enjoin the violation or threatened violation of any provision of this chapter. Source: SL 1974, ch 255, §33; SL 2020, ch 173, § 58.
SD Codified L § 38-21-56 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-56 - Notification of pesticide application--Promulgation of rules.

38-21-56. Notification of pesticide application--Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, to require posting of pesticide application sites and notifying the public or other individuals who may be affected by a pesticide application that has occurred or will occur in the future. Source: SL 1992, ch 284, §1; SL 2020, ch 173, § 59.
SD Codified L § 38-21-57 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-57 - Pesticide regulatory fund--Administration and uses--Expenditures.

38-21-57. Pesticide regulatory fund--Administration and uses--Expenditures.Funds collected pursuant to §§38-21-17, 38-21-23, and 38-21-33.5 shall be deposited in a special revenue fund hereby created in the state treasury known as the pesticide regulatory fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the pesticide program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. Source: SL 1993, ch 304, § 3; SL 2020, ch 173, § 60; SL 2020, ch 175, §12.