reglab/housing_qa huggingface dataset:
SD Codified L § 38-20A-46 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-46 - Stop-sale--Payment of costs.

38-20A-46. Stop-sale--Payment of costs.Upon payment to the department of all costs incurred by the department to implement the stop-sale and sufficient assurance that a pesticide or device subject to a "stop-sale" order pursuant to the provisions of §38-20A-41 will not be disposed of unlawfully, the secretary may direct that the pesticide or device be delivered to its owner for relabeling or reprocessing. Source: SL 1947, ch 99, §10; SDC Supp 1960, §22.12A09 (2); SDCL, §39-19-45; SL 1983, ch 281, §39; SL 2020, ch 173, § 26.
SD Codified L § 38-20A-47 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-47 - Prohibited contracts void--Action on contract prohibited.

38-20A-47. Prohibited contracts void--Action on contract prohibited.Any contract for the sale of a pesticide or device in violation of the provisions of this chapter is void. No action may be maintained in any court for the purchase price or value of any pesticide or device, the sale of which is prohibited. No person is liable for the price or value of any pesticide or device furnished in violation of any of the provisions of this chapter. Source: SL 1917, ch 242, §22; RC 1919, §7803; SDC 1939, §22.0106; SDCL, §39-1-7; SL 1983, ch 281, §40; SL 2020, ch 173, § 28.
SD Codified L § 38-20A-48 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-48 - 38-20A-48.Violation of chapter--Penalties.

38-20A-48. Violation of chapter--Penalties.Any person violating any provision of this chapter which is not otherwise classified is guilty of a Class 2 misdemeanor, or may be subject to a civil penalty not to exceed five thousand dollars per violation, or both. A 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 1947, ch 99, §9; SDC Supp 1960, §22.9930; SDCL, §39-19-46; SL 1977, ch 190, §423; SL 1983, ch 281, §43; SL 2020, ch 174, § 2.
SD Codified L § 38-20A-49 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-49 - 38-20A-49.Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.

38-20A-49. Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.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. Source: 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.
SD Codified L § 38-20A-50 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-50 - 38-20A-50.Minor violations--Written warning.

38-20A-50. Minor violations--Written warning.Nothing in this chapter requires the secretary to refer for prosecution or for institution of other proceedings minor violations of this chapter whenever the secretary believes that the public interests will be best served by a written warning. Source: SL 1947, ch 99, §7; SDC Supp 1960, §22.12A07 (1); SDCL, §39-19-49; SL 1983, ch 281, §42; SL 2020, ch 174, § 4.
SD Codified L § 38-20A-50.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-50.1 - 38-20A-50.1.Voluntary compliance--Administrative settlement agreements.

38-20A-50.1. Voluntary compliance--Administrative settlement agreements.Nothing in this chapter prevents the department from obtaining voluntary compliance with this chapter through a conference, settlement, or any other appropriate means. The secretary may enter into an administrative settlement agreement regarding any violation of this chapter, including stipulated settlements of any civil penalty authorized under this title. Source: SL 2020, ch 174, § 5.
SD Codified L § 38-20A-54 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-54 - Waste pesticide--Development of program--Promulgation of rules.

38-20A-54. Waste pesticide--Development of program--Promulgation of rules.For the purposes of developing a waste pesticide collection and disposal program and a pesticide container recycling program, the secretary may promulgate rules pursuant to chapter 1-26 to:(1)Enter into agreements with private entities and cooperate with other local, state, or federal agencies to fulfill the goals of the program;(2)Define the types and condition of pesticide containers to be accepted through the recycling program;(3)Define the kind and condition of pesticides to be accepted through the waste pesticide collection and disposal program;(4)Establish procedures for collecting waste pesticides for disposal and pesticide containers for recycling; and(5)Develop criteria for establishing pesticide and pesticide container collection sites. Source: SL 1992, ch 282, §1; SL 1995, ch 232; SL 2020, ch 173, § 31.
SD Codified L § 38-20A-56 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-56 - Creation of pesticide recycling and disposal fund--Interest--Appropriation.

38-20A-56. Creation of pesticide recycling and disposal fund--Interest--Appropriation.Moneys obtained pursuant to §§38-20A-54 to 38-20A-57, inclusive, shall be deposited into the pesticide recycling and disposal fund, which is hereby created within the state treasury. Interest accrued on moneys contained in the fund shall be deposited to the fund. All moneys in the pesticide recycling and disposal fund are continuously appropriated to the Department of Agriculture and Natural Resources to carry out the provisions of §§38-20A-54 to 38-20A-57, inclusive. Source: SL 1992, ch 282, §5; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-20A-57 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-57 - Acceptance of donations.

38-20A-57. Acceptance of donations.For the purposes of §§38-20A-54 to 38-20A-57, inclusive, the secretary may accept donations of funds, property, services, or other assistance from public or private sources. Source: SL 1992, ch 282, §6.
SD Codified L § 38-20A-58 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-58 - Establishment of public lands weed and pest fund--Interest--Expenditures.

38-20A-58. Establishment of public lands weed and pest fund--Interest--Expenditures.There is hereby established within the state treasury the public lands weed and pest fund. Interest accrued on money in the fund shall be deposited to the fund. All money in the public lands weed and pest fund shall be budgeted and expended in accordance with Title 4 by the Department of School and Public Lands for weed and pest control on school and public lands and meandered lake lands. At the end of each fiscal year, any unobligated cash in the public lands weed and pest fund in excess of three hundred thousand dollars shall revert to the weed and pest fund created in §38-22-35. Source: SL 1993, ch 305, §2; SL 1998, ch 247, §7.
SD Codified L § 38-20A-59 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-59 - Registration fees--Distribution.

38-20A-59. Registration fees--Distribution.The annual registration fee for each pesticide registered in §38-20A-4 shall be distributed as follows:(1)Forty-five dollars shall be deposited in the pesticide regulatory fund created in §38-21-57;(2)Thirty-three dollars and seventy-five cents shall be deposited in the weed and pest fund created in §38-22-35;(3)Twenty-one dollars and twenty-five cents shall be deposited in the public lands weed and pest fund created in §38-20A-58;(4)Fifteen dollars shall be deposited within the agricultural experiment station pursuant to chapter 13-58;(5)Ten dollars shall be deposited within the cooperative extension service pursuant to chapter 13-54; and(6)Forty dollars shall be deposited in the pesticide recycling and disposal fund created in §38-20A-56.The late renewal fee in §38-20A-4 shall be divided equally among the weed and pest fund created in §38-22-35, the pesticide regulatory fund created in §38-21-57, and the public lands weed and pest fund created in §38-20A-58. Source: SL 1998, ch 247, §2; SL 2008, ch 208, §3, eff. Mar. 13, 2008; SL 2018, ch 243, §2; SL 2020, ch 175, § 2.
SD Codified L § 38-21-15.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-15.1 - Bulk pesticide storage facility permit--Revocation of permit--Penalty.

38-21-15.1. Bulk pesticide storage facility permit--Revocation of permit--Penalty.No person may establish or operate a bulk pesticide storage facility without obtaining a bulk pesticide storage facility permit from the secretary. If a bulk pesticide storage facility is operating in violation of the permit requirements established in rules promulgated under this chapter, the secretary may grant a reasonable period of time for the facility to comply with the rules. If the facility does not comply with the rules in the prescribed period of time, the secretary shall revoke the operating permit pursuant to chapter 1-26. A violation of this section is a Class 1 misdemeanor. Source: SL 1986, ch 332, §3; SL 2020, ch 173, § 33.
SD Codified L § 38-21-15.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-15.2 - Operation without permit--Civil penalty, injunctive, or declaratory relief.

38-21-15.2. Operation without permit--Civil penalty, injunctive, or declaratory relief.Notwithstanding any other provision of this chapter, any person who operates a bulk storage facility without a permit or violates the bulk pesticide storage facility permit provision of this chapter is subject to a civil penalty not to exceed five hundred dollars for each day of violation. In addition, the secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court. Source: SL 1986, ch 332, §4; SL 2020, ch 173, § 34.
SD Codified L § 38-21-15.3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-15.3 - Existing bulk pesticide storage--Alteration--Plans prepared--Rules prohibited.

38-21-15.3. Existing bulk pesticide storage--Alteration--Plans prepared--Rules prohibited.The secretary may not promulgate a rule requiring that plans, specifications, and supporting information submitted for an alteration of an existing bulk pesticide storage facility or the construction of a new site be prepared by a registered professional engineer. Nothing in this section prohibits an operator of a bulk pesticide storage facility from voluntarily having the plans, specifications, and supporting information prepared by a registered professional engineer. Source: SL 1986, ch 332, §11; SL 2020, ch 173, § 35.
SD Codified L § 38-21-15.4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-15.4 - Bulk pesticide storage facility--Promulgation of rules.

  38-21-15.4  .  Bulk pesticide storage facility--Promulgation of rules.   The secretary may promulgate rules, pursuant to chapter   1-26  , providing for a bulk pesticide storage facility permit system and operational requirements necessary for secondary containment of bulk pesticide for the protection of the environment and human health. The secretary may require that appropriate plans and specifications for construction and operation of a bulk pesticide storage facility be submitted for approval prior to the issuance, modification, suspension, or revocation of a permit.     Source:  SL 2020, ch 173, § 36.
SD Codified L § 38-21-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-16 - Pesticide incidents--Report of damage--Inspection by secretary.

38-21-16. Pesticide incidents--Report of damage--Inspection by secretary.Any person may report damage from the use of a pesticide or any alleged pesticide incident to the secretary on a form provided by the secretary, with a written statement, within thirty days after the date the damage was observed or the incident occurred. Any person alleging damage shall permit the secretary to inspect, during reasonable hours, the lands where the alleged damage or incident occurred, or any organism is alleged to have been damaged. Source: SL 1974, ch 255, §19; SL 1986, ch 326, §42; SL 2020, ch 174, § 8.
SD Codified L § 38-21-17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-17 - Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty.

38-21-17. Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty.No person may perform any of the following acts without a commercial applicator's license issued by the secretary, unless exempt under the provisions of this chapter:(1)Engage in the business of applying pesticides to the lands of another;(2)Advertise as being in the business of applying pesticides to the lands of another at any time;(3)Apply pesticides while in the performance of duties as a governmental employee; or(4)Otherwise act as a commercial applicator.The secretary shall require a fee of thirty-five dollars for each commercial applicator license issued. 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 imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Source: SL 1951, ch 112, §1; SL 1951, ch 113, §1; SL 1953, ch 93, §2; SDC Supp 1960, §22.12B01 (1), (3); SDCL, §§38-21-1, 38-21-2; SL 1974, ch 255, §8; SL 1987, ch 287, §2; SL 1991, ch 326, §3; SL 2001, ch 215, §20; SL 2020, ch 175, § 3.
SD Codified L § 38-21-17.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-17.1 - Commercial applicator's license--Expiration.

  38-21-17.1  .  Commercial applicator's license--Expiration.   A commercial applicator'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 in §  38-21-44  .     Source:  SL 2020, ch 175, § 4.
SD Codified L § 38-21-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-18 - Standards for certification of applicators--Promulgation of rules.

38-21-18. Standards for certification of applicators--Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, to prescribe standards for the certification of all applicators of pesticides. The standards shall relate to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by the individual's certification, and shall relate to the hazards involved. In determining these standards, the secretary shall consider the standards of the federal Environmental Protection Agency. Source: SL 1974, ch 255, §6; SL 1986, ch 326, §43; SL 2020, ch 173, § 37.
SD Codified L § 38-21-20 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-20 - Qualified applicants--Issuance of license--Denial of application.

38-21-20. Qualified applicants--Issuance of license--Denial of application.If the secretary finds the applicant qualified to apply pesticides in the classifications for which the applicant applied, after such examinations as the secretary shall require by regulation, and if the applicant applying for a license to engage in aerial application of pesticides has met all the requirements of the Federal Aviation Agency, the Aeronautics Commission of this state, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the secretary shall issue an applicator's license limited to the classifications for which the applicant is qualified. The secretary may deny any application for any applicator's license if the secretary finds that the applicant has violated any provisions of this chapter. Source: SL 1974, ch 255, §9; SL 1976, ch 245, §3; SL 2020, ch 173, § 38.
SD Codified L § 38-21-21 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-21 - Licensure--Denial or non-issuance--Written explanation.

38-21-21. Licensure--Denial or non-issuance--Written explanation.If any applicator's license is denied or not issued as applied for, the secretary shall inform the applicant in writing of the reasons for the denial or non-issuance. Source: SL 1974, ch 255, §9; SL 2020, ch 173, § 39.
SD Codified L § 38-21-22 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-22 - Applicator's license--Restrictions.

38-21-22. Applicator's license--Restrictions.The secretary may limit the license of any applicant to the use of certain pesticides, or to certain areas, or to certain types of equipment based upon the applicant's qualifications. Source: SL 1974, ch 255, §9; SL 2020, ch 173, § 40.
SD Codified L § 38-21-23 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-23 - Private applicator's license--Requirement--Fee--Promulgation of rules--Penalty for violation.

38-21-23. Private applicator's license--Requirement--Fee--Promulgation of rules--Penalty for violation.No private applicator may use any pesticide without a license and without first complying with the certification requirements determined by the secretary as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use. The secretary may require a license fee, to be established in rules promulgated pursuant to chapter 1-26 not to exceed twenty-five dollars. Any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Source: SL 1974, ch 255, §13; SL 1986, ch 326, §44; SL 1987, ch 287, §3; SL 1991, ch 326, §4; SL 2020, ch 175, § 5.
SD Codified L § 38-21-23.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-23.1 - Private applicator's license--Expiration.

  38-21-23.1  .  Private applicator's license--Expiration.   A private applicator's license shall expire on the last day of February of the third year following the year of issuance unless the license is revoked before the expiration by the secretary, as provided for in §37-21-44.     Source:  SL 2020, ch 175, § 6.
SD Codified L § 38-21-24 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-24 - Private and commercial applicators--Records--Promulgation of rules.

38-21-24. Private and commercial applicators--Records--Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, to require private and commercial applicators to maintain any pesticide application records the secretary determines are necessary. Source: SL 1974, ch 255, §23; SL 1986, ch 326, §45; SL 1991, ch 326, §5; SL 2020, ch 173, § 41.
SD Codified L § 38-21-33 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33 - Classes of certifications and licenses.

38-21-33. Classes of certifications and licenses.The secretary may further classify or subclassify certifications to be issued under this chapter. The classifications may include soil fumigation, nonsoil fumigation, pest control operators, ornamental or agricultural pesticide applicators, and right-of-way pesticide applicators. Separate classifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides or to the use of pesticides to control insects and plant diseases, rodents or weeds. Each classification shall be subject to separate testing procedures and requirements. Source: SL 1974, ch 255, §4; SL 2020, ch 174, § 9.
SD Codified L § 38-21-33.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.1 - Pesticide dealer--Unlicensed operation--Misdemeanor--Civil penalty.

38-21-33.1. Pesticide dealer--Unlicensed operation--Misdemeanor--Civil penalty.No person may act as a pesticide dealer or advertise as a pesticide dealer at any time without first obtaining a pesticide dealer's license issued by the secretary. 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, §4; SL 1977, ch 190, §328; SL 1987, ch 287, §5; SL 2001, ch 215, §22; SL 2020, ch 173, § 42.
SD Codified L § 38-21-33.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.2 - Physicians, veterinarians, and pharmacists--Exemption.

38-21-33.2. Physicians, veterinarians, and pharmacists--Exemption.Any licensed physician, veterinarian, or pharmacist is exempt from the provisions of §38-21-33.1 if less than three percent of total sales is derived from the sale of pesticides. Source: SL 1975, ch 251, §4; SL 2020, ch 173, § 43.
SD Codified L § 38-21-33.3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-33.3 - Pesticide applicators and government agencies--Exemption.

38-21-33.3. Pesticide applicators and government agencies--Exemption.The provisions of §38-21-33.1 do not apply to any commercial pesticide applicator who sells pesticides only as an integral part of an application service if the pesticides are dispensed only through equipment used for pesticide application, or any federal, state, county, or municipal agency that provides pesticides only for the agency's own programs. Source: SL 1975, ch 251, §6; SL 1977, ch 309, §2; SL 2020, ch 173, § 44.