South Dakota Administrative Code

Rule 12:56:07:02 Availability of records to the department. 12:56:07:02. Availability of records to the department. Each applicator shall have all pesticide application records completed and available to the department for inspection at the close of each day. Source: 1 SDR 65, ef…

Rule 12:56:07:03 Records to be kept for three years. 12:56:07:03. Records to be kept for three years. The records required by § 12:56:07:01 must be kept by the applicator for three years from the date of the application. The department must be furnished with a copy of these recor…

Rule 12:56:07:04 Commercial applicator to make record of application available to customer. 12:56:07:04. Commercial applicator to make record of application available to customer. Upon written request, a commercial applicator shall provide the customer with a record of each pesti…

Rule 12:56:07:05 Information to be furnished upon department request. 12:56:07:05. Information to be furnished upon department request. Except as otherwise provided for in this section, the department may require any applicator, not more than once in any five-year period, to furn…

Rule 12:56:10:01 Licensed pesticide dealers' license application form. 12:56:10:01. Licensed pesticide dealers' license application form. Licensed pesticide dealer license application forms must include: (1) The name of the applicant; (2) The name of the firm; (3) The permanent a…

Rule 12:56:10:02 License fee for licensed applicator who is a licensed pesticide dealer. 12:56:10:02. License fee for licensed applicator who is a licensed pesticide dealer. Repealed. Source: 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; re…

Rule 12:56:10:03 Dealer license examination. 12:56:10:03. Dealer license examination. Applicants for a pesticide dealer license must pass a written examination by a score of at least 70 percent. The standards of competence required are the same as those set forth in § 12:56:05:04…

Rule 12:56:10:04 Dealers must attend pesticide certification shortcourse. 12:56:10:04. Dealers must attend pesticide certification shortcourse. If a person who has passed the licensed pesticide dealer license examination does not attend a certification shortcourse at least every …

Rule 12:56:10:05 Repealed. 12:56:10:05. Licensed dealers selling restricted-use pesticides to uncertified private applicators. Repealed. Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011…

12:56:10:06. Required dealer records. Each licensed pesticide dealer must keep records of restricted use pesticide sales. The record for each sale must include: (1) The dealer's name, address, and license number; (2) The private or commercial applicator's name, address, certifica…

Rule 12:56:10:07 Records to be kept for three years. 12:56:10:07. Records to be kept for three years. 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 …

Rule 12:56:10:08 Availability of records to the department. 12:56:10:08. Availability of records to the department. Each licensed pesticide dealer must make firm's restricted-use pesticide sales records available to the department for inspection during normal business hours. Sour…

Rule 12:56:11:01 Pesticide usage restrictions. 12:56:11:01. Pesticide usage restrictions. Pesticide labels that contain a usage restriction which are registered by the department, pursuant to SDCL 38-20A, are "restricted use" pesticides. Source: 2 SDR 53, effective January 18, 19…

Rule 12:56:11:02 State restricted use pesticide products. 12:56:11:02. State restricted use pesticide products. Pesticides products defined by the following active ingredients are designated and classified as restricted use pesticides in the State of South Dakota: (1) Pesticide p…

12:56:12:01. Standards for private general applicator certification. Before a private applicator may use a pesticide, the applicator must be certified by an appropriate certifying authority as having the competency to use pesticides in the production of agricultural commodities. …

Rule 12:56:12:01.01 Repealed. 12:56:12:01.01. Standards for private applicator certification for use of livestock protection collar. Repealed. Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 47, effective July 1, 2015.

12:56:12:01.02. Sodium cyanide predator pest control. Applicators who are seeking certification in sodium cyanide predator pest control applies to private applicators who use sodium cyanide in a mechanical ejection device to control regulated predators. Licensed applicators in th…

12:56:12:01.03. Aerial pesticide control. Applicators who are seeking certification in aerial pesticide control applies to private applicators who apply pesticides by fixed or rotary wing aircraft or unmanned aerial vehicles. Licensed applicators in this classification must be ce…

12:56:12:01.04. Non-soil fumigation. Applicators who are seeking certification to use fumigants applies to private applicators who fumigate anything other than soil, including commodity storage and vertebrate burrows. Licensed applicators in this classification must be certified …

Rule 12:56:12:02 Private applicator certification. 12:56:12:02. Private applicator certification. Private applicators shall be certified by completing a training course approved by the department or a written examination with a score of at least 70 percent. Source: 4 SDR 23, effe…

Rule 12:56:12:03 Repealed. 12:56:12:03. Private applicator certification emergency exemption. Repealed. Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 38 SDR 40, effective September 20, 2011.

Rule 12:56:13:01 Permanent bulk pesticide storage containers. 12:56:13:01. Permanent bulk pesticide storage containers. Individual permanent bulk pesticide storage containers capable of holding more than 300 gallons must be located within a bulk pesticide storage facility. Source…

Rule 12:56:13:01.01 Pesticide tank anchoring. 12:56:13:01.01. Pesticide tank anchoring. 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 flota…

Rule 12:56:13:02 Bulk pesticide storage facility construction. 12:56:13:02. Bulk pesticide storage facility construction. A person shall not construct a bulk pesticide storage facility, for the storage of permanent bulk pesticide storage containers, without a means of secondary c…

Rule 12:56:13:03 Secondary containment. 12:56:13:03. Secondary containment. 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 me…

Rule 12:56:13:04 Bulk pesticide storage facility location. 12:56:13:04. Bulk pesticide storage facility location. 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 t…

Rule 12:56:13:05 Repealed. 12:56:13:05. Effective date of bulk pesticide storage facility requirements. Repealed. Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 2015, ch 204, § 48, effective July 1, 2015. Rule 12:56:13:…

Rule 12:56:13:05.01 Bulk pesticide storage facility permit. 12:56:13:05.01. Bulk pesticide storage facility permit. 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…

Rule 12:56:13:05.02 Bulk pesticide storage facility inspection. 12:56:13:05.02. Bulk pesticide storage facility inspection. A bulk pesticide storage facility inspection must be conducted on any new, existing, or altered bulk pesticide storage facility to determine compliance with…

Rule 12:56:13:05.03 Alteration of existing permitted bulk pesticide storage facility. 12:56:13:05.03. Alteration of existing permitted bulk pesticide storage facility. An operator of an existing permitted bulk pesticide storage facility must notify the secretary of the Department…

Rule 12:56:13:05.04 Notice of a bulk pesticide storage facility inspection. 12:56:13:05.04. Notice of a bulk pesticide storage facility inspection. Separate notice shall be given for each bulk pesticide storage facility inspection. A report of the inspection shall be provided to …

Rule 12:56:13:05.05 Repealed. 12:56:13:05.05. Bulk pesticide storage facilities constructed prior to December 8, 1985. Repealed. Source: 13 SDR 37, effective October 8, 1986; repealed, SL 2015, ch. 204, § 49, effective July 1, 2015.

Rule 12:56:13:06 Required plans and specifications for bulk pesticide storage facilities. 12:56:13:06. Required plans and specifications for bulk pesticide storage facilities. Plans and specifications for all bulk pesticide storage facilities must be submitted to the secretary fo…

Rule 12:56:13:07 Contents of bulk pesticide storage facility permit application. 12:56:13:07. Contents of bulk pesticide storage facility permit application. A bulk pesticide storage facility permit application shall include the following: (1) Name, address, and telephone number …

Rule 12:56:13:08 Repealed. 12:56:13:08. Permanent and nonpermanent bulk pesticide storage containers.Repealed. Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 13 SDR 183, repealed June 7, 1987.

Rule 12:56:13:09 Underground storage. 12:56:13:09. Underground storage. Underground bulk pesticide storage is prohibited, but a sealed catch basin used for the temporary collection of runoff or rinsate from transfer and loading areas is allowed. Source: 12 SDR 96, effective Decem…

Rule 12:56:13:10 Spills. 12:56:13:10. Spills. The operator or manager of a bulk pesticide storage facility shall notify the department or the division of emergency and disaster services within 3 hours after a spill of more than 25 gallons of liquid or 500 pounds of dry pesticides…

Rule 12:56:14:01 Bulk delivery system. 12:56:14:01. Bulk delivery system. Scales or meters used for repackaging sales from permanent and nonpermanent bulk pesticide storage containers must be certified by the department of commerce and regulation to meet the specifications, toler…

Rule 12:56:14:01.01 Bulk dispensing system. 12:56:14:01.01. Bulk dispensing system. All bulk pesticide dispensing requires separate distribution systems, such as hosing and piping, for each bulk pesticide. Such distribution systems shall be constructed of materials and in a manne…

Rule 12:56:14:02 Labeling. 12:56:14:02. Labeling. A registered product label shall be affixed prominently to all bulk pesticide storage containers in the proximity of the outlet. All bulk pesticides used for custom mixing, tank mixing, or repackaging must be registered and labele…

Rule 12:56:14:03 Repealed. 12:56:14:03. Distribution of bulk pesticide.Repealed. Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 183, repealed June 7, 1987.

Rule 12:56:14:04 Notification for delivery of bulk pesticide. 12:56:14:04. Notification for delivery of bulk pesticide. A person may not deliver pesticides for bulk repackaging without notifying the department prior to the initial bulk shipment to any establishment. The notificat…

Rule 12:56:14:05 Bulk repackaging. 12:56:14:05. Bulk repackaging. Bulk repackaging for distribution must meet the following requirements: (1) The establishment receiving the transfer or delivery of the bulk pesticide must be in compliance with Section 7 of the Act (registration o…

Rule 12:56:15:01 Handling and loading. 12:56:15:01. Handling and loading. Bulk pesticides shall be handled and loaded in a manner that will prevent spillage or discharge of pesticides. Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986. …

Rule 12:56:15:02 Cleansing of bulk pesticide storage containers. 12:56:15:02. Cleansing of bulk pesticide storage containers. Bulk storage containers which contain bulk pesticide must be thoroughly cleaned according to the manufacturer's specifications before refilling, unless a …

Rule 12:56:15:03 Handling and loading spills. 12:56:15:03. Handling and loading spills. Minor spills of pesticide or rinsate which have occurred from the handling, loading, or cleansing of bulk containers and which accumulate in the secondary containment area shall be disposed of…

Rule 12:56:16:01 Repealed. 12:56:16:01. Livestock protection collar records required. Repealed. Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 50, effective July 1, 2015.

Rule 12:56:16:02 Repealed. 12:56:16:02. Availability of records to the department. Repealed. Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 51, effective July 1, 2015.

Rule 12:56:16:03 Repealed. 12:56:16:03. Records to be kept for three years. Repealed. Source: 17 SDR 116, effective February 14, 1991; repealed, SL 2015, ch 204, § 52, effective July 1, 2015.

Rule 12:56:17:01 Operational area containment required. 12:56:17:01. Operational area containment required. After February 1, 1995, operational area containment is required of any person when the person's operational area meets any one or more of the following conditions: (1) The…