reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:02 - Initial certification based on examination

Current through Register Vol. 51, page 10, July 15, 2024
Applicators requiring a license must be certified to be eligible for a
	 license. Initial certification is obtained by completing a written examination
	 furnished by the department with a score of at least 70 percent.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:03 - Provisions for reexamination

Current through Register Vol. 51, page 10, July 15, 2024
Applicants failing to pass a certification examination may take a
	 reexamination three days after notification of a failure.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04 - General standards for certification of commercial applicators

Current through Register Vol. 51, page 10, July 15, 2024
Persons seeking certification as commercial applicators must
	 demonstrate practical knowledge of the principles and practices of pest control
	 and proper and effective use of pesticides by passing a written examination.
	 Written examinations for all commercial ground applicators must address all the
	 following areas of competency:
(1)
  Labels and labeling comprehension: Familiarity with pesticide labels and
  labeling and their functions, including all the following:
(a) The general format and terminology of
  pesticide labels and labeling;
(b)
  Understanding of instructions, warnings, terms, symbols, and other information
  commonly appearing on pesticide labels and labeling.
(c) Understanding that it is a violation of
  Federal law to use any registered pesticide in a manner inconsistent with its
  labeling.
(d) Understanding
  labeling requirements that a certified applicator must be physically present at
  the site of the application.
(e)
  Understanding that applicators must comply with all use restrictions and
  directions for use contained in pesticide labels and labeling, including being
  certified in the certification category appropriate to the type and site of the
  application.
(f) Understanding the
  meaning of product classification as either general or restricted use and that
  a product may be unclassified.
(g)
  Understanding and complying with product-specific notification
  requirements.
(h) Recognizing and
  understanding the difference between mandatory and advisory labeling
  language.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.01 - Additional standards for certification in agricultural plant pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04 and/or
	 §12:56:05:04:17 applicators must demonstrate practical knowledge of crops,
	 grasslands, and non-crop agricultural lands and the specific pests of those
	 areas on which they may be using pesticides. The importance of such competency
	 is amplified by the extensive areas involved, the quantities of pesticides
	 needed, and the ultimate use of many commodities as food and feed. The required
	 knowledge includes pre-harvest intervals, restricted entry intervals,
	 phytotoxicity, potential for environmental contamination such as soil and water
	 problems, non-target injury, and other problems resulting from the use of
	 pesticides in agricultural areas. The required knowledge also includes the
	 potential for phytotoxicity due to a wide variety of plants to be protected,
	 for drift, for persistence beyond the intended period of pest control, and for
	 non-target exposures.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.02 - Additional standards for certification in agricultural Livestock pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04, applicators must
	 demonstrate practical knowledge of such animals and their associated pests. The
	 required knowledge includes specific pesticide toxicity and residue potential,
	 and the hazards associated with such factors as formulation, application
	 techniques, age of animals, stress, and extent of treatment.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.03 - Additional standards for certification in forest pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04 and/or §
									12:56:05:04.17 applicators must
	 demonstrate practical knowledge of types of forests, forest nurseries, and seed
	 production within the jurisdiction of the certifying authority and the pests
	 involved. The required knowledge includes the cyclic occurrence of certain
	 pests and specific population dynamics as a basis for programming pesticide
	 applications, the relevant organisms causing harm and their vulnerability to
	 the pesticides to be applied, how to determine when pesticide use is proper,
	 selection of application method and proper use of application equipment to
	 minimize non-target exposures, and appropriate responses to meteorological
	 factors and adjacent land use. The required knowledge also includes the
	 potential for phytotoxicity due to a wide variety of plants to be protected,
	 for drift, for persistence beyond the intended period of pest control, and for
	 non-target exposures.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.04 - Additional standards for certification in ornamental and turf pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04, applicators must
	 demonstrate practical knowledge of pesticide problems associated with the
	 production and maintenance of ornamental plants and turf. The required
	 knowledge includes the potential for phytotoxicity due to a wide variety of
	 plants to be protected, for drift, for persistence beyond the intended period
	 of pest control, and for non-target exposures. Because of the frequent
	 proximity of human habitations to application activities, applicators in this
	 category must demonstrate practical knowledge of application methods that will
	 minimize or prevent hazards to humans, pets, and other domestic
	 animals.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.05 - Additional standards for certification in seed treatment

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04, applicators must
	 demonstrate practical knowledge including recognizing types of seeds to be
	 treated, the effects of carriers and surface-active agents on pesticide binding
	 and germination, the hazards associated with handling, sorting, and mixing, and
	 misuse of treated seed, the importance of proper application techniques to
	 avoid harm to non-target organisms, and the proper disposal of unused treated
	 seeds.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.06 - Additional standards for certification in aquatic pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04 and/or §
									12:56:05:04.17 applicators must
	 demonstrate practical knowledge of the characteristics of various aquatic use
	 situations, the potential for adverse effects on non-target plants, fish,
	 birds, beneficial insects, and other organisms in the immediate aquatic
	 environment and downstream, and the principles of limited area
	 application.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.07 - Additional standards for certification in right-of-way pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04 and/or §
									12:56:05:04.17 applicators must
	 demonstrate practical knowledge of the types of environments (terrestrial and
	 aquatic) traversed by rights-of-way, recognition of target pests, and
	 techniques to minimize non-target exposure, runoff, drift, and excessive
	 foliage destruction. The required knowledge also includes the potential for
	 phytotoxicity due to a wide variety of plants and pests to be controlled, and
	 for persistence beyond the intended period of pest control.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.08 - Additional standards for certification in industrial, institutional, structural, and health related pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general standards in §
									12:56:05:04, applicators must
	 demonstrate a practical knowledge of industrial, institutional & structural
	 pests (including rodent & bird pests in structures) as well as public
	 health pests, including recognizing those pests and signs of their presence,
	 their habitats, their life cycles, biology, and behavior as it may be relevant
	 to problem identification and control. Applicators must demonstrate practical
	 knowledge of types of formulations appropriate for control of industrial,
	 institutional, and structural pests, and methods of application that avoid
	 contamination of food, minimize damage to and contamination of areas treated,
	 minimize acute and chronic exposure of people and pets, and minimize
	 environmental impacts of outdoor applications. Applicators must also
	 demonstrate practical knowledge of pests that are important vectors of disease,
	 including recognizing the pests and signs of their presence, their habitats,
	 their life cycles, biology, and behavior as it may be relevant to problem
	 identification and control.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.09 - Additional standards for certification in public health pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04 and/or §
									12:56:05:04.17 applicators must
	 demonstrate practical knowledge of pests that are important vectors of disease,
	 including recognizing the pests and signs of their presence, their habitats,
	 their life cycles, biology, and behavior as it may be relevant to problem
	 identification and control. The required knowledge also includes how to
	 minimize damage to, and contamination of areas treated, acute and chronic
	 exposure of people and pets, and non-target exposures.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.12 - Additional standards for certification in rodent pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04, applicators
	 classified within the classification of rodent pest control not in or around
	 structures must demonstrate practical knowledge of the biological and
	 behavioral patterns of target and related nontarget species, including the
	 following:
(1) Toxicity levels which
  could be expected to give selective control of pest species without causing
  significant damage to populations of related nontarget species.
(2) Application techniques and practices to
  minimize secondary poisonings of nontarget species; and
(3) Proper management and placement
  techniques of baits.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.13 - Additional standards for certification in Sodium Cyanide predator pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04, applicators must
	 demonstrate practical knowledge of mammalian predator pests, including
	 recognizing those pests and signs of their presence, their habitats, their life
	 cycles, biology, and behavior as it may be relevant to pest identification and
	 control. Applicators must demonstrate comprehension of all laws and regulations
	 applicable to the use of mechanical ejection devices for sodium cyanide,
	 including the restrictions on the use of sodium cyanide products ordered by the
	 EPA Administrator. Applicators must also demonstrate practical knowledge and
	 understanding of all of the specific use restrictions for sodium cyanide
	 devices, including safe handling and proper placement of the capsules and
	 device, proper use of the antidote kit, notification to medical personnel
	 before use of the device, conditions of and restrictions on when and where
	 devices can be used, requirements to consult U.S. Fish and Wildlife Service
	 maps before use to avoid affecting endangered species, maximum density of
	 devices, provisions for supervising and monitoring applicators, required
	 information exchange in locations where more than one agency is authorized to
	 place devices, and specific requirements for recordkeeping, monitoring, field
	 posting, proper storage, and disposal of damaged or used sodium cyanide
	 capsules.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.14 - Additional standards for certification in non-soil fumigation pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04, applicators must
	 demonstrate practical knowledge the pest problems and pest control practices
	 associated with performing fumigation applications of pesticides to sites other
	 than soil, including all the following:
(1) Label & labeling comprehension.
  Familiarity with the pesticide labels and labeling for products used to perform
  non-soil fumigation, including labeling requirements specific to non-soil
  fumigants.
(2) Safety. Measures to
  minimize adverse health effects, including the following:
(a) Understanding how certified applicators
  and bystanders can become exposed to fumigants.
(b) Common problems and mistakes that can
  result in direct exposure to fumigants.
(c) Signs and symptoms of human exposure to
  fumigants.
(d) Air concentrations
  of a fumigant that require applicators to wear respirators or to exit the work
  area entirely.
(e) Steps to take if
  a fumigant applicator experiences sensory irritation.
(f) Understanding air monitoring, when it is
  required, and where and when to take samples.
(g) Buffer zones, including procedures for
  buffer zone monitoring and who is permitted to be in a buffer zone.
(h) First aid measures to take in the event
  of exposure to a fumigant.
(i)
  Labeling requirements for transportation, storage, spill clean-up, and
  emergency response for non-soil fumigants, including safe disposal of
  containers and contaminated materials, and management of empty
  containers.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.15 - Additional standards for certification in wood preservative pest control

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general core standards in §
									12:56:05:04, applicators
	 classified within the classification of wood preservative pest control shall be
	 tested on their knowledge of the following:
(1) Application of wood preservatives:
(a) Preparation of wood for
  treatment;
(b) Methods of applying
  wood preservatives; and
(c) Factors
  influencing the effectiveness of wood preservatives;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.16 - Additional standards for certification in use of livestock protection collar

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general standards in §
									12:56:05:04, commercial
	 applicators classified within the classification of livestock protection collar
	 shall be tested on their understanding and knowledge of the following:
(1) Reading and understanding label and
  labeling information, including all use restrictions;
(2) Recognizing the technical name, sodium
  fluoracetate, and understanding the basic properties of Compound
  1080;
(3) Recognizing potential
  hazards to humans, domestic animals, and to nontarget wildlife;
(4) Recognizing general symptoms of poisoning
  by Compound 1080 in humans and domestic animals and taking appropriate
  action;
(5) Recognizing situations
  where collars can be expected to be safe and effective in addition to being
  aware of alternative means of control;
(6) Keeping required records on use of
  collars;
(7) Making required
  reports of suspected poisoning on nontarget species and suspected poisonings of
  humans or domestic animals to the department of agriculture;
(8) Distinguishing between damaged collars
  that can be repaired and those that must be disposed of properly;
(9) Making repairs to damaged collars prior
  to reuse or proper disposal;
(10)
  Proper disposal of animal remains, and vegetation or soil contaminated by a
  punctured collar;
(11) Posting and
  maintaining bilingual warning signs at logical points of access to areas where
  collars are in use; and
(12)
  Performing weekly or more frequent inspections of collars in use.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.17 - General standards for certification in aerial pesticide applications

Current through Register Vol. 51, page 10, July 15, 2024
Persons seeking certification as commercial applicators must
	 demonstrate practical knowledge of the principles and practices of pest control
	 and proper and effective use of pesticides by passing a written examination.
	 Written examinations for all commercial aerial applicators must address all the
	 following areas of competency:
(1)
  Labeling. Labeling requirements and restrictions specific to aerial application
  of pesticides including:
(a) Spray
  volumes.
(b) Buffers and no-spray
  zones.
(c) Weather conditions
  specific to wind and inversions.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:04.18 - Additional standards for certification in aerial right of way

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting general standards in §
									12:56:05:04, applicators
	 classified within the classification of aerial right-of-way pest control shall
	 be tested on their understanding and knowledge of the following:
(1) Excessive foliage damage;
(2) Recognition of target pests;
(3) Nature of herbicides and of problems
  caused by applying pesticides to a variety of environments and different
  terrains including:
(a) Problems caused by
  runoff and drift;
(b) The need for
  containment of pesticides within the right-of-way area; and
(c) The impact of their application
  activities on adjacent areas and communities.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:05 - Test to include knowledge of laws and regulations

Current through Register Vol. 51, page 10, July 15, 2024
Commercial applicators shall demonstrate an understanding of state and
	 federal laws and regulations pertaining to pesticides.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:06 - Contents of application for applicator license

Current through Register Vol. 51, page 10, July 15, 2024
An application for a licensed applicator, licensed operator, and
	 public operator's license must contain the following:
(1) The name of the applicant;
(2) The applicant's partnership or
  organization and its permanent address;
(3) The local base of operation and
  maintenance;
(4) The telephone
  number;
(5) Whether the applicant
  wishes to be certified as a ground applicator, an aerial applicator, or both;
  and
(6) The date and the signature
  of the applicant.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:05 - Certification of applicators › Section 12:56:05:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:06 - Damage claims › Section 12:56:06:01 - Contents of report form for alleged pesticide incident

Current through Register Vol. 51, page 10, July 15, 2024
The report form required by SDCL
	 38-21-46 shall contain, but shall
	 not be limited to, the following:
(1)
  name and address of person making the report;
(2) telephone number of person making the
  report;
(3) County and legal
  description of property where incident occurred or damage is alleged;
(4) Date, approximate time, weather
  conditions including wind direction, and temperature when application was made,
  if known:
(5) County and legal
  description of property on which application was made;
(6) Operator of property where application
  was made;
(7) Description of
  incident or damages;
(8) Name of
  applicator or operator applying pesticides;
(9) Name of witness, if known;
(10) Whether ground or aerial application;
  crop treated;
(11) Chemical used,
  if known; if the applicator was notified and, if so, when; and
(12) The date the incident form was submitted
  and the signature of the person completing the form.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-46.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:07 - Applicator records › Section 12:56:07:01 - Required applicator records

Current through Register Vol. 51, page 10, July 15, 2024
Each applicator shall keep records which shall include the following
	 for each application:
(1) The name and
  address of the person for whom the pesticide was applied;
(2) The location of the land or property
  where the pesticide was applied;
(3) The pest to be treated;
(4) The acreage, area, or number of plants or
  animals treated or other appropriate description;
(5) The year, month, day, and time the
  pesticide was applied;
(6) The
  person or firm who applied the pesticide;
(7) The trade or brand name and common name
  of the pesticide applied;
(8) The
  company name appearing on the product label;
(9) The weather conditions at the time of
  application, including direction and estimated velocity of the wind and the
  temperature at the time the pesticide was applied (this requirement does not
  apply to application of baits in bait stations or pesticide applications in or
  immediately adjacent to structures);
(10) Amount of the pesticide applied and
  concentration in pounds or gallons per unit or percentages of active ingredient
  per unit of the pesticide used;
(11) Specific crop or designated site or
  commodity to which pesticide application was made; and
(12) Name and address of the applicator.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:07 - Applicator records › Section 12:56:07:02 - Availability of records to the department

Current through Register Vol. 51, page 10, July 15, 2024
Each applicator shall have all pesticide application records completed
	 and available to the department for inspection at the close of each
	 day.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:07 - Applicator records › Section 12:56:07:03 - Records to be kept for three years

Current through Register Vol. 51, page 10, July 15, 2024
Records of pesticide applications made by each applicator must be kept
	 by the applicator for three years from the date of the application of any
	 pesticides. The department must, upon written request, be furnished with a copy
	 of these records, which must include the information required by §
									12:56:07:01.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:07 - Applicator records › Section 12:56:07:04 - Commercial Applicator to make record of application available to customer

Current through Register Vol. 51, page 10, July 15, 2024
Upon written request, each commercial applicator must provide the
	 customer with a record of each application of pesticide applied to the
	 customer's land.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:07 - Applicator records › Section 12:56:07:05 - Information to be furnished upon department request

Current through Register Vol. 51, page 10, July 15, 2024
The department may require any applicator, not more than once in any
	 five-year period, to furnish the department with a summary for the preceding
	 year, which shall include the following information by county: crop, site, or
	 commodity treated, pest treated, trade or brand name and common name of
	 pesticide applied, the percent of or pounds of active ingredient per gallon,
	 and total volume used. The secretary of agriculture may require the information
	 to be submitted more often than once every five-year period if circumstances
	 require that such data are needed to protect the health and well-being of the
	 citizens of South Dakota.
All summaries and the information therein submitted to the department
	 shall be held in confidence unless that information is used by the department
	 to compile an area or state-wide report of usage of pesticides by commercial
	 applicators or is subpoenaed by a court of law.
The department may not issue a renewed license or allow a certification
	 to be renewed if the commercial applicator applying for such a license or
	 certification has not submitted the requested summary for the preceding
	 year.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:10 - Licensed pesticide dealers › Section 12:56:10:01 - Licensed pesticide dealers' license application form

Current through Register Vol. 51, page 10, July 15, 2024
Licensed pesticide dealer license application forms shall include, but
	 not be limited to, the following:
(1)
  name of applicant;
(2) firm
  name;
(3) firm's permanent address
  and telephone number; and
(4)
  whether or not the applicant has a current licensed pesticide applicator
  license.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:10 - Licensed pesticide dealers › Section 12:56:10:03 - Dealer license examination

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for a licensed pesticide dealer license must be tested by
	 writing an examination. The standards of competence proven by taking and
	 passing this examination by a score of at least 70 percent are the same as
	 those standards in §
									12:56:05:04. If an applicant fails
	 the exam, the applicant may be reexamined in three days.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:10 - Licensed pesticide dealers › Section 12:56:10:04 - Dealers must attend pesticide certification shortcourse

Current through Register Vol. 51, page 10, July 15, 2024
If a person who has taken and passed the licensed pesticide dealer
	 license examination does not attend a certification shortcourse at least
	 biennially, the person must be tested by writing an examination and passing the
	 examination by a score of at least 70 percent before the person may obtain a
	 licensed pesticide dealer license.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-33.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:10 - Licensed pesticide dealers › Section 12:56:10:06 - Required dealer records

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed pesticide dealer must keep records of restricted use
	 pesticide sales. The record for each sale must include:
(1) The dealer's name and address and license
  number;
(2) The name, address,
  certification or license number, expiration date, and certification categories
  relevant to the pesticide sold of the private or commercial
  applicator;
(3) The date of sale;
  and
(4) The trade name, quantity,
  and EPA registration number of the pesticide sold, including any applicable
  emergency exemption or state special local need registration number.
Records may be maintained in the form of a log, registry of invoices,
	 billing tickets, or delivery tickets.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-51.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:10 - Licensed pesticide dealers › Section 12:56:10:07 - Records to be kept for three years

Current through Register Vol. 51, page 10, July 15, 2024
Records of restricted-use pesticide sales made by a licensed pesticide
	 dealer or the dealer's employees must be kept by the dealer for three years
	 from the date of the sale. The department must, upon written request, be
	 furnished with a copy of these records, which must include the information
	 required by §
									12:56:10:06.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-51.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:10 - Licensed pesticide dealers › Section 12:56:10:08 - Availability of records to the department

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed pesticide dealer must make firm's restricted-use
	 pesticide sales records available to the department for inspection during
	 normal business hours.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-51.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:11 - Restricted use pesticides › Section 12:56:11:01 - Pesticide usage restrictions

Current through Register Vol. 51, page 10, July 15, 2024
Pesticide labels that contain a usage restriction which are registered
	 by the department, pursuant to SDCL 38-20A, are "restricted use"
	 pesticides.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-39.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:11 - Restricted use pesticides › Section 12:56:11:02 - State restricted use pesticide products

Current through Register Vol. 51, page 10, July 15, 2024
Pesticides products defined by the following active ingredients
	 are designated and classified as restricted use pesticides in the State of
	 South Dakota:
(1) Pesticide
  products containing the active ingredient Dicamba bearing a label indicating
  the herbicide:
a. Contains only Dicamba active
  ingredient and intended for agricultural production uses but:
i. Does not also contain 2.4-D as an active
  ingredient; or
ii. Is not labeled
  solely for use on turf or other nonagricultural use sites.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:12 - Private applicator certification › Section 12:56:12:01 - Standards for private general applicator certification

Current through Register Vol. 51, page 10, July 15, 2024
Before using a pesticide as a private applicator, a person must be
	 certified by an appropriate certifying authority as having the necessary
	 competency to use pesticides for pest control in the production of agricultural
	 commodities, which includes the ability to read and understand pesticide
	 labeling.
Certification in this general private applicator certification category
	 alone is not sufficient to authorize the purchase or use of pesticide products
	 in the categories listed in Sodium cyanide predator control, non-soil
	 fumigation and aerial pest control of this section.
Persons seeking certification as private applicators must demonstrate
	 practical knowledge of the principles and practices of pest control associated
	 with the production of agricultural commodities and effective use of
	 pesticides, including all the following:
(1) Label and labeling comprehension.
  Familiarity with pesticide labels and labeling and their functions, including
  all the following:
(a) The general format and
  terminology of pesticide labels and labeling.
(b) Understanding instructions, warnings,
  terms, symbols, and other information commonly appearing on pesticide labels
  and labeling.
(c) Understanding
  that it is a violation of Federal law to use any registered pesticide in a
  manner inconsistent with its labeling.
(d) Understanding when a certified applicator
  must be physically present at the site of the application based on labeling
  requirements.
(e) Understanding
  that applicators must comply with all use restrictions and directions for use
  contained in pesticide labels and labeling, including being certified in the
  appropriate category to use restricted use pesticides for fumigation or aerial
  application, or predator control devices containing sodium cyanide or sodium
  fluoroacetate, if applicable.
(f)
  Understanding the meaning of product classification as either general or
  restricted use, and that a product may be unclassified.
(g) Understanding and complying with
  product-specific notification requirements.
(h) Recognizing and understanding the
  difference between mandatory and advisory labeling language.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:12 - Private applicator certification › Section 12:56:12:01.01 - Standards for private applicator certification for use of livestock protection collar

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting standards in §
									12:56:12:01, private applicators
	 classified within the classification of livestock protection collar shall meet
	 standards in §§
									12:56:05:04 and
	 12:56:05:04.16.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18,
		38-21-23,
		38-21-51.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:12 - Private applicator certification › Section 12:56:12:01.02 - Sodium cyanide predator pest control

Current through Register Vol. 51, page 10, July 15, 2024
This pest control category applies to private applicators who use
	 sodium cyanide in a mechanical ejection device to control regulated predators.
	 Licensed applicators in this classification must be certified and licensed to
	 use any pesticide.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18,
		38-21-23,
		38-21-52.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:12 - Private applicator certification › Section 12:56:12:01.03 - Aerial pesticide control

Current through Register Vol. 51, page 10, July 15, 2024
Aerial private applicators who use pesticides applied by fixed or
	 rotary wing aircraft or unmanned aerial vehicles (UAV's).
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18,
		38-21-23,
		38-21-52.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:12 - Private applicator certification › Section 12:56:12:01.04 - Non-soil Fumigation

Current through Register Vol. 51, page 10, July 15, 2024
This category applies to private applicators who use pesticides to
	 fumigate anything other than soil, including but not limited to commodity
	 storage (such as grain stored in bins or grain in transit in rail cars,
	 vehicles, or vessels), and vertebrate burrows.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18,
		38-21-23,
		38-21-52.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:12 - Private applicator certification › Section 12:56:12:02 - Private applicator certification

Current through Register Vol. 51, page 10, July 15, 2024
Private applicators shall be certified by completing a training course
	 approved by the department.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-18,
		38-21-52.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:01 - Permanent bulk pesticide storage containers

Current through Register Vol. 51, page 10, July 15, 2024
Individual permanent bulk pesticide storage containers capable of
	 holding more than 300 gallons must be located within a bulk pesticide storage
	 facility.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:01.01 - Pesticide tank anchoring

Current through Register Vol. 51, page 10, July 15, 2024
Each stationary bulk liquid pesticide container installed after the
	 effective date of this section with the capacity of 300 gallons or more must
	 either be anchored or elevated to prevent flotation if the secondary
	 containment unit fills with a liquid. Anchoring may consist of securing the
	 tanks with bolts or cables that are strong enough to prevent tanks from
	 floating or elevating and securing the tanks so the bottom of the tank is above
	 the containment wall, or a combination of these approaches.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:02 - Bulk pesticide storage facility construction

Current through Register Vol. 51, page 10, July 15, 2024
A person shall not construct a bulk pesticide storage facility, for the
	 storage of permanent bulk pesticide storage containers, without a means of
	 secondary containment.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:03 - Secondary containment

Current through Register Vol. 51, page 10, July 15, 2024
Secondary containment constructed after December 8, 1985, must be
	 constructed according to professional engineering practices, which include the
	 following:
(1) The walls and base must
  be constructed by means of either:
(a) A
  synthetic liner at least 30 mils thick beneath 12 inches of compacted clay soil
  to withstand loading conditions and the discharge of maximum tank capacity
  considering the full hydrostatic head of the discharged liquid;
(b) Concrete, excluding blocks and bricks, of
  sufficient thickness and strength to withstand loading conditions and the
  discharge of maximum tank capacity considering the full hydrostatic head of the
  discharged liquid;
(c) Steel of
  sufficient thickness and strength to withstand loading conditions and the
  discharge of maximum tank capacity considering the full hydrostatic head of
  discharged liquid; or
(d)
  Cross-linked polyolefin, defined as crosslinkable high density polyethylene,
  type 3, Class B, Category 5 resin with minimum 0.5 percent carbon black as
  defined in American Society for Testing and Materials (ASTM) standard D
  1248-84, constructed with a minimum thickness of 3/8 inch, ultraviolet
  stabilized for outdoor use to give excellent outdoor weatherability, and with a
  low temperature impact strength of a minimum of 90 foot pounds of impact at 40
  degrees Fahrenheit according to the Association of Rotational Molders (ARM)
  impact test. The cross-linked polyolefin must be constructed of sufficient
  thickness and strength to withstand loading conditions and the discharge of
  maximum tank capacity considering the full hydrostatic head of discharged
  liquid;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:04 - Bulk pesticide storage facility location

Current through Register Vol. 51, page 10, July 15, 2024
A bulk pesticide storage facility shall not be located in an area where
	 spillage, loading, unloading, or secondary containment failure will threaten or
	 cause damage to streams or water supplies. A bulk pesticide storage facility
	 shall not be located in an area subject to flooding.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:05 - Effective date of bulk pesticide storage facility requirements

Current through Register Vol. 51, page 10, July 15, 2024
All bulk pesticide storage facilities must be constructed and operated
	 in compliance with these rules. Bulk pesticide storage facilities constructed
	 prior to the effective date of these rules must be in compliance with
	 §§
									12:56:13:01 to
	 12:56:13:06, inclusive, by January
	 1, 1987.
General Authority:
SDCL
		38-20A-36,
		38-21-15,
		38-21-51.
Law Implemented:
SDCL
		38-20A-36,
		38-21-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:05.01 - Bulk pesticide storage facility permit

Current through Register Vol. 51, page 10, July 15, 2024
A bulk pesticide storage facility permit is required prior to the
	 operation of a bulk pesticide storage facility. Each facility must be approved
	 by the secretary of agriculture prior to issuance of a permit. A permit shall
	 remain valid until voluntarily withdrawn by the applicant or otherwise
	 modified, suspended, or revoked by the secretary of
	 agriculture.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:05.02 - Bulk pesticide storage facility inspection

Current through Register Vol. 51, page 10, July 15, 2024
A bulk pesticide storage facility inspection must be conducted on any
	 new, existing, or altered bulk pesticide storage facility to determine
	 compliance with §
									12:56:13:06 prior to issuance of a
	 bulk pesticide storage facility permit. Biennial or more frequent inspections
	 will be conducted of a permitted facility to assure that it is operating in
	 compliance with §§
									12:56:13:01 to
	 12:56:15:03,
	 inclusive.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:05.03 - Alteration of existing permitted bulk pesticide storage facility

Current through Register Vol. 51, page 10, July 15, 2024
An operator of an existing permitted bulk pesticide storage facility
	 must notify the secretary of agriculture, in writing, prior to making any
	 alterations to the existing facility.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-15.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:56 - Pesticides › Chapter 12:56:13 - Bulk pesticide storage › Section 12:56:13:05.04 - Notice of a bulk pesticide storage facility inspection

Current through Register Vol. 51, page 10, July 15, 2024
Separate notice shall be given for each bulk pesticide storage facility
	 inspection. A report of the inspection shall be provided to the person in
	 charge of the facility upon completion of the inspection.
General Authority:
SDCL
		38-21-51.
Law Implemented:
SDCL
		38-21-51.