reglab/housing_qa huggingface dataset:
SD Codified L § 38-20-2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20 - Pest Control Activities|Section 38-20-2 - Rodent control agreements with Fish and Wildlife Service--Employment of assistance--Purchase of supplies and equipment.

38-20-2. Rodent control agreements with Fish and Wildlife Service--Employment of assistance--Purchase of supplies and equipment.The secretary of agriculture and natural resources is authorized to make and enter into such cooperative agreements with the proper authorities of the United States Fish and Wildlife Service to accomplish the purposes of §§38-20-1 and 38-20-2, and he is hereby authorized, in cooperation with the said Fish and Wildlife Service to employ such assistance and purchase such supplies and equipment as he may deem necessary to carry out the purposes of said sections. Any supplies and equipment so purchased shall be exempt from the provisions of the law relating to the purchasing and printing functions of the Bureau of Administration of this state. Source: SL 1941, ch 6, §2; SDC Supp 1960, §4.0108; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-20-32 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20 - Pest Control Activities|Section 38-20-32 - Acceptance of contributions for grasshopper control--Agreement with federal government.

38-20-32. Acceptance of contributions for grasshopper control--Agreement with federal government.The secretary of agriculture and natural resources is hereby authorized to accept and receive donations and contributions of money from any source for the purpose of establishing a fund to be matched with available federal funds and to be used for the purpose of grasshopper eradication and controlling grasshopper infestation and for the purpose may enter into all necessary agreements with the United States of America on behalf of the State of South Dakota. Source: SL 1951, ch 3, §1; SDC Supp 1960, §4.0104-1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-20-33 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20 - Pest Control Activities|Section 38-20-33 - Deposit of contributions in grasshopper control fund--Use of fund.

38-20-33. Deposit of contributions in grasshopper control fund--Use of fund.Funds received under §38-20-32 together with the available federal funds shall by the secretary of agriculture and natural resources be deposited with the state treasurer in the fund to be designated as grasshopper control fund, and which fund shall be paid out on warrants of the state auditor on vouchers duly approved by the secretary. Source: SL 1951, ch 3, §2; SDC Supp 1960, §4.0104-1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-20-34 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20 - Pest Control Activities|Section 38-20-34 - Grasshoppers--Control and destruction--Agreements by department.

38-20-34. Grasshoppers--Control and destruction--Agreements by department.The Department of Agriculture and Natural Resources is authorized to enter into agreements with the United States Department of Agriculture, other state and federal agencies, and with local grasshopper control committees to promote the control and destruction of grasshoppers. The department is also authorized to enter into a cost-sharing program with these agencies and committees if funds are made available pursuant to chapter 4-8A or other funds available to the Department of Agriculture and Natural Resources. The state share may not exceed one-third of the costs of these programs. Source: SL 1979, ch 265, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-20-35 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20 - Pest Control Activities|Section 38-20-35 - Major grasshopper infestation and emergency--Declaration by Governor--Availability of funds.

38-20-35. Major grasshopper infestation and emergency--Declaration by Governor--Availability of funds.The Governor may declare a major grasshopper infestation and an emergency from major infestation in areas where landowners and lessees have formed a grasshopper control committee and have entered into an agreement with the State Department of Agriculture and Natural Resources. Upon the declaration of emergency, funds from the general contingency fund, as created by chapter 4-8A, may be made available, pursuant to approval granted by chapter 4-8A or other funds available to the Department of Agriculture and Natural Resources, for grasshopper control. Source: SL 1979, ch 265, §§1, 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-20A-3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-3 - Declaration as pest--Public hearing.

38-20A-3. Declaration as pest--Public hearing.The secretary is authorized, after holding a public hearing, to declare as a pest any form of plant or animal life or virus which is injurious to any plant, person, domestic animal, or substance. Source: SL 1947, ch 99, §6; SDC Supp 1960, §22.12A06 (1) (a); SDCL, §39-19-3; SL 1985, ch 15, §51; SL 2020, ch 173, § 3.
SD Codified L § 38-20A-4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-4 - Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation.

38-20A-4. Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation.Before any person whose name or brand name appears on a pesticide may distribute, sell, or offer for sale or distribution in this state any pesticide, the person shall file with the secretary a registration of the pesticide. Each registration shall include the following:(1)The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;(2)The name of the pesticide;(3)One complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for the pesticide, including directions for use;(4)If requested by the secretary, efficacy, toxicity, residue, and any other data necessary to determine if the pesticide will perform its intended function without unreasonable adverse effects on the environment;(5)The classification or lack of classification and general use or restricted use of the pesticide; and(6)An annual registration fee of one hundred sixty-five dollars.Each registration is valid for one year and expires on June thirtieth. The registration may not be transferred. A fee equal to fifty percent of the registration fee shall be applied to any late renewal. Each pesticide registration fee is nonrefundable.If a pesticide is no longer available for use due to a cancellation or suspension order of the United States Environmental Protection Agency, it is not subject to registration requirements. If the holder of a pesticide registration cancels the registration, the pesticide shall be discontinued within two years. During the discontinuance period, the annual registration fee shall be paid. Source: SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (1); SDCL §39-19-4; SL 1983, ch 281, §2; SL 1998, ch 247, §1; SL 2008, ch 208, §1, eff. Mar. 13, 2008; SL 2018, ch 243, §1; SL 2020, ch 175, § 1.
SD Codified L § 38-20A-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-12 - Notice to registrant--Failure to comply--Refusal of registration--Hearing.

38-20A-12. Notice to registrant--Failure to comply--Refusal of registration--Hearing.If it does not appear to the secretary that the pesticide warrants the proposed claims for it or if the pesticide labeling and other material required to be submitted do not comply with the provisions of this chapter or the rules promulgated thereunder, the secretary shall notify the registrant of the reasons the pesticide, labeling, or other material fails to comply with the provisions of this chapter to provide the registrant an opportunity to make the necessary corrections. If, upon receipt of the notice, the registrant does not make the necessary corrections, the secretary may refuse to register the pesticide. If the secretary refuses to register the pesticide, the registrant may request a hearing under the provisions of chapter 1-26. Source: SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (4); SDCL, §39-19-12; SL 1983, ch 281, §7; SL 2020, ch 173, § 8.
SD Codified L § 38-20A-13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-13 - Cancellation of registration--Hearing.

38-20A-13. Cancellation of registration--Hearing.If the secretary determines that a registered pesticide or its labeling does not comply with the provisions of this chapter or rules promulgated under this chapter, the secretary may cancel the registration of that pesticide, subject to a hearing under the provisions of chapter 1-26. Source: SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (4); SDCL, §39-19-13; SL 1983, ch 281, §8; SL 2020, ch 173, § 9.
SD Codified L § 38-20A-15 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-15 - Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions.

38-20A-15. Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions.It is a Class 1 misdemeanor for any person to use for the person's own advantage, or to reveal any information relative to formulas of products acquired in accordance with §§38-20A-4 to 38-20A-13, inclusive. Notwithstanding the provisions of §38-20A-48, it is a Class 2 misdemeanor for any person to use or reveal information relative to formulas of products acquired in accordance with §§38-20A-4 to 38-20A-13, inclusive, with the intent to defraud.This section does not apply to information revealed to the secretary, or to any official or employee of this state, or to the courts of this state in response to a subpoena, or, in an emergency, to physicians, pharmacists, and other qualified persons for use in the preparation of antidotes. Source: SL 1947, ch 99, §§4, 9; SDC Supp 1960, §§22.12A04 (2) (b), 22.9931; SDCL, §39-19-15; SL 1977, ch 190, §416; SL 1992, ch 158, §100; SL 2020, ch 174, § 1.
SD Codified L § 38-20A-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-16 - Adulterated pesticides.

38-20A-16.  Adulterated pesticides.A pesticide is adulterated if its strength or purity does not meet the professed standard or quality, as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable ingredient of the pesticide has been wholly or in part abstracted. Source: SL 1943, ch 88, §3; SL 1947, ch 99, §3; SDC Supp 1960, §22.12A03 (1); SDCL, §39-19-16; SL 1983, ch 281, §10; SL 2020, ch 173, § 10.
SD Codified L § 38-20A-17.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-17.1 - Misbranded pesticides.

38-20A-17.1. Misbranded pesticides.A pesticide is misbranded if:(1)The label bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading;(2)It is an imitation of or is offered for sale under the name of another pesticide;(3)The label bears any reference to registration under the provisions of this chapter;(4)The label does not contain necessary instructions for use which are adequate, if complied with, for the protection of the public;(5)The label does not bear a necessary warning or caution statement which is adequate, if complied with, to prevent injury to living persons or other vertebrate animals;(6)The label does not bear an ingredient statement on the immediate container and on the outside container or wrapper, if one exists through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;(7)The label fails to clearly and plainly show the name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured; the name, brand, or trademark under which the pesticide is registered and sold; and the net weight or measure of the contents of the container, subject, however, to any reasonable variations as the secretary of agriculture and natural resources may permit by regulation;(8)Any word, statement, or other information required by the provisions of this chapter that appears on the labeling is not prominently placed on the labeling in a conspicuous manner, when compared with other words, statements, designs, or graphic material on the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or(9)The pesticide is injurious to living persons or other vertebrate animals, or to vegetation, except weeds or pests, to which it is applied, or to the person applying the pesticide, when used as directed or in accordance with commonly recognized practices. Source: SL 1983, ch 281, §19; SL 2020, ch 173, § 11; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 38-20A-18.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-18.1 - Misbranded device.

38-20A-18.1. Misbranded device.A device is misbranded if its labeling bears any statement, design, or graphic representation relative to the device which is false or misleading. Source: SL 1983, ch 281, §20; SL 2020, ch 173, § 12.
SD Codified L § 38-20A-26 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-26 - Sale or distribution of adulterated or misbranded article prohibited.

38-20A-26. Sale or distribution of adulterated or misbranded article prohibited.No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is adulterated or misbranded, or any device which is misbranded. Source: SL 1947, ch 99, §4; SDC Supp 1960, §22.12A04 (1) (e); SDCL, §39-19-26; SL 1977, ch 190, §417; SL 1983, ch 281, §22.
SD Codified L § 38-20A-27 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-27 - Unregistered pesticides--Prohibitions--Change in labeling or formula.

38-20A-27. Unregistered pesticides--Prohibitions--Change in labeling or formula.No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is not registered under the provisions of §§38-20A-4 to 38-20A-13, inclusive; or any pesticide if any of the claims made or any of the directions for the pesticide's use differ in substance from the representations made in connection with its registration; or any pesticide if the composition of the pesticide differs from the composition represented in its registration. The secretary may allow a change in the labeling or formula of a pesticide within a registration period without requiring reregistration of the pesticide. Source: SL 1947, ch 99, §§4, 9; SDC Supp 1960, §§22.12A04 (1) (a), 22.9929; SDCL, §39-19-27; SL 1977, ch 190, §418; SL 1983, ch 281, §23; SL 2020, ch 173, § 14.
SD Codified L § 38-20A-28 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-28 - Authorized container--Requirements--Prohibitions.

38-20A-28. Authorized container--Requirements--Prohibitions.No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper if one exists through which the ingredient statement on the immediate container cannot be clearly read, a label bearing clearly and plainly the information required in this chapter. Source: SL 1947, ch 99, §4; SDC Supp 1960, §22.12A04 (1) (b); SDCL, §39-19-28; SL 1977, ch 190, §419; SL 1983, ch 281, §24; SL 2020, ch 173, § 15.
SD Codified L § 38-20A-29 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-29 - Label required--Contents of label.

38-20A-29. Label required--Contents of label.No person may distribute, sell, or offer for sale within this state any pesticide which contains any substance in quantities highly toxic to persons, unless, in addition to any other information required by this chapter, the label bears the following:(1)A skull and crossbones and the word "poison," both prominently printed in red figure and letters not less than one-fourth inch high on a background of distinctly contrasting color; and(2)A statement of an antidote for the pesticide. Source: SL 1947, ch 99, §§4, 6; SDC Supp 1960, §§22.12A04 (1) (c), 22.12A06 (1) (b); SDCL, §39-19-29; SL 1977, ch 190, §420; SL 1983, ch 281, §25; SL 2020, ch 173, § 16.
SD Codified L § 38-20A-31 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-31 - Exemption for carriers--Access to records.

38-20A-31. Exemption for carriers--Access to records.The provisions of §§38-20A-26 to 38-20A-29, inclusive, do not apply to a carrier while lawfully engaged in transporting a pesticide within this state if the carrier, upon request, permits the secretary to copy all records showing transactions in and movement of the pesticides. Source: SL 1947, ch 99, §8; SDC Supp 1960, §22.12A08 (1) (a); SDCL, §39-19-31; SL 1983, ch 281, §27; SL 2020, ch 173, § 17.
SD Codified L § 38-20A-32 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-32 - State and federal officials exempt from penalties.

38-20A-32. State and federal officials exempt from penalties.The provisions of §§38-20A-26 to 38-20A-29, inclusive, do not apply to public officials of this state or the federal government when engaged in the performance of official duties. Source: SL 1947, ch 99, §8; SDC Supp 1960, §22.12A08 (1) (b); SDCL, §39-19-32; SL 1983, ch 281, §28; SL 2020, ch 173, § 18.
SD Codified L § 38-20A-34 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-34 - Alteration or destruction of label as petty offense--Changing composition of substance.

38-20A-34. Alteration or destruction of label as petty offense--Changing composition of substance.It is a petty offense for any person to detach, alter, deface, or destroy, in whole or in part, any label provided for in this chapter or rules promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that does not comply with any of the provisions of this chapter. Source: SL 1947, ch 99, §4; SDC Supp 1960, §22.12A04 (2) (a); SDCL, §39-19-34; SL 1977, ch 190, §422; SL 2020, ch 173, § 19.
SD Codified L § 38-20A-35 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-35 - Exemption of pesticide packed for export--Provisions applicable if not exported.

38-20A-35. Exemption of pesticide packed for export--Provisions applicable if not exported.No pesticide is in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of the chapter apply. Source: SL 1947, ch 99, §8; SDC Supp 1960, §22.12A08 (2); SDCL, §39-19-35; SL 2020, ch 173, § 20.
SD Codified L § 38-20A-36 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-36 - Promulgation of rules.

38-20A-36. Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, providing for registration, sampling, analysis, inspection, storage, handling, and labeling of pesticides, bulk pesticides, or devices. The secretary may also promulgate rules, pursuant to chapter 1-26, applicable to and in conformity with the primary standards established by this chapter that have been or may be prescribed by the United States Department of Agriculture, United States Environmental Protection Agency, or other federal agency with respect to pesticides. Source: SL 1947, ch 99, §6; SL 1949, ch 86; SDC Supp 1960, §22.12A06 (2); SDCL, §39-19-36; SL 1983, ch 281, §30; SL 1986, ch 27, §45; SL 1986, ch 326, §39; SL 2020, ch 173, § 21.
SD Codified L § 38-20A-37 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-37 - Cooperation with other state and federal agencies.

38-20A-37. Cooperation with other state and federal agencies.The secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States Department of Agriculture, the United States Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulations. Source: SL 1947, ch 99, §12; SDC Supp 1960, §22.12A11; SDCL, §39-19-37; SL 2020, ch 173, § 22.
SD Codified L § 38-20A-39 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-39 - Inspection and sampling--Access to premises and records--Identification and examination of samples.

38-20A-39. Inspection and sampling--Access to premises and records--Identification and examination of samples.The secretary may inspect and sample pesticides and devices kept or offered for sale, sold, or distributed within this state at the time and place and to the extent necessary to confirm compliance with the provisions of this chapter. The secretary has all the rights of visitation, inspection, sampling, and access to places, property, containers, and records as necessary to enforce the provisions of this chapter. All samples collected shall be sealed and properly identified in the presence of the dealer or person from whom taken and shall be promptly examined. Source: SL 1949, ch 86; SDC Supp 1960, §22.12A06 (2); SDCL, §39-19-39; SL 1983, ch 281, §32; SL 2020, ch 173, § 24.
SD Codified L § 38-20A-41 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 20A - Pesticides|Section 38-20A-41 - Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.

38-20A-41. Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.If the secretary has reasonable cause to believe a pesticide or a device is being distributed, sold, or offered for sale within this state in a manner inconsistent with any of the provisions of this chapter, or of any of the rules adopted under this chapter, the secretary may issue and serve a written "stop-sale" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available for service of the order, the order may be attached to the pesticide or device and the secretary shall notify the owner or custodian and the registrant. The pesticide or device may not be sold or used, and the stop-sale order may not be removed until the pesticide or device meets the provisions of this chapter and is released by written order under conditions specified by the secretary or the violation is otherwise rectified as provided in this chapter. Source: SL 1977, ch 318; SL 1983, ch 281, §34; SL 2020, ch 173, § 25.