reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 expires on March thirty-first 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, §4; SL 2023, ch 145, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 expires on March thirty-first 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; SL 2023, ch 145, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 expires on March thirty-first 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; SL 2023, ch 145, §4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 21 - Agricultural Pesticide Application › Section 38-21-58 - Application of pesticide--Licensed commercial applicator--Personal property.

38-21-58. Application of pesticide--Licensed commercial applicator--Personal property.
Any commercial applicator who is licensed pursuant to this chapter to apply pesticides to agricultural land may apply pesticides to property owned by the applicator without a private applicator's license if the commercial categories in which the applicator is licensed are the appropriate applications to be made. Any applicator shall abide by all state and federal rules and regulations pertaining to private applicator pesticide application when applying pesticides on the applicator's own property.
Source:
SL 2013, ch 194, §1; SL 2020, ch 174, § 24.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 22 - Weed And Pest Control › Section 38-22-1.1 - Administration of commission under department supervision--Independent functions retained by commission.

38-22-1.1. Administration of commission under department supervision--Independent functions retained by commission.
The South Dakota Weed and Pest Control Commission shall be administered under the direction and supervision of the department and the secretary of agriculture and natural resources. The commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in §1-32-1) otherwise vested in it and may exercise those functions independently of the secretary.
Source: SL 1973, ch 2, §193; SL 1983, ch 282, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.