Prohibited contracts void--Action on contract prohibited

Any contract for the sale of a pesticide or device in violation of the provisions of this chapter is void. No action may be maintained in any court for the purchase price or value of any pesticide or device, the sale of which is prohibited. No person is liable for the price or value of any pesticide or device furnished in violation of any of the provisions of this chapter. Source: SL 1917, ch 242 , § 22; RC 1919, § 7803; SDC 1939, § 22.0106; SDCL, § 39-1-7; SL 1983, ch 281 , § 40; SL 2020, ch 173 , § 28. 38-20A-48. Violation of chapter--Penalties. Any person violating any provision of this chapter which is not otherwise classified is guilty of a Class 2 misdemeanor, or may be subject to a civil penalty not to exceed five thousand dollars per violation, or both. A civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Source: SL 1947, ch 99 , § 9; SDC Supp 1960, § 22.9930; SDCL, § 39-19-46; SL 1977, ch 190 , § 423; SL 1983, ch 281 , § 43; SL 2020, ch 174 , § 2. 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. 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.