Title 38, AGRICULTURE AND HORTICULTURE

The secretary may cancel the registration of a pesticide, subject to a hearing under the provisions of chapter 1-26 , if the secretary determines that the registered pesticide or its labeling: (1) Does not comply with the provisions of this chapter or rules promulgated under this…

It is a Class 1 misdemeanor for any person to use for the person's own advantage, or to reveal any information relative to formulas of products acquired in accordance with §§ 38-20A-4 to 38-20A-13 , inclusive. Notwithstanding the provisions of § 38-20A-4 8, it is a Class 2 misdem…

A pesticide is adulterated if its strength or purity does not meet the professed standard or quality, as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable ingredient of the pestici…

A pesticide is misbranded if: (1) The label bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading; (2) It is an imitation of or is offered for sale under the name of another pesticide; (3) The label bears …

A device is misbranded if its labeling bears any statement, design, or graphic representation relative to the device which is false or misleading. Source: SL 1983, ch 281 , § 20; SL 2020, ch 173 , § 12.

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is adulterated or misbranded, or any device which is misbranded. Source: SL 1947, ch 99 , § 4; SDC Supp 1960, § 22.12A04 (1) (e); SDCL, § 39-19-26; SL 1977, ch 190 , § 4…

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide which is not registered under the provisions of §§ 38-20A-4 to 38-20A-13 , inclusive; or any pesticide if any of the claims made or any of the directions for the pesticide's u…

No person may knowingly or willfully distribute, sell, or offer for sale within this state any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper if one exist…

No person may distribute, sell, or offer for sale within this state any pesticide which contains any substance in quantities highly toxic to persons, unless, in addition to any other information required by this chapter, the label bears the following: (1) A skull and crossbones a…

The secretary is authorized, after holding a public hearing, to declare as a pest any form of plant or animal life or virus which is injurious to any plant, person, domestic animal, or substance. Source: SL 1947, ch 99 , § 6; SDC Supp 1960, § 22.12A06 (1) (a); SDCL, § 39-19-3; SL…

The provisions of §§ 38-20A-26 to 38-20A-29 , inclusive, do not apply to a carrier while lawfully engaged in transporting a pesticide within this state if the carrier, upon request, permits the secretary to copy all records showing transactions in and movement of the pesticides. …

The provisions of §§ 38-20A-26 to 38-20A-29 , inclusive, do not apply to public officials of this state or the federal government when engaged in the performance of official duties. Source: SL 1947, ch 99 , § 8; SDC Supp 1960, § 22.12A08 (1) (b); SDCL, § 39-19-32; SL 1983, ch 281…

It is a petty offense for any person to detach, alter, deface, or destroy, in whole or in part, any label provided for in this chapter or rules promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that does not comply with any of…

No pesticide is in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of the chapter apply. Source: SL 194…

The secretary may promulgate rules, pursuant to chapter 1-26 , providing for registration, sampling, analysis, inspection, storage, handling, and labeling of pesticides, bulk pesticides, or devices. The secretary may also promulgate rules, pursuant to chapter 1-26 , applicable to…

The secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States Department of Agriculture, the United States Environmental Protection Agency, and any other state or agency thereof for the purpose of ca…

The secretary may inspect and sample pesticides and devices kept or offered for sale, sold, or distributed within this state at the time and place and to the extent necessary to confirm compliance with the provisions of this chapter. The secretary has all the rights of visitation…

Before any person whose name or brand name appears on a pesticide may distribute, sell, or offer for sale or distribution in this state any pesticide, the person shall file with the secretary a registration of the pesticide. Each registration shall include the following: (1) The …

If the secretary has reasonable cause to believe a pesticide or a device is being distributed, sold, or offered for sale within this state in a manner inconsistent with any of the provisions of this chapter, or of any of the rules adopted under this chapter, the secretary may iss…

Upon payment to the department of all costs incurred by the department to implement the stop-sale and sufficient assurance that a pesticide or device subject to a "stop - sale" order pursuant to the provisions of § 38-20A-41 will not be disposed of unlawfully, the secretary may d…

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 va…

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 cir…

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…

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 S…

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, inc…

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 …

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 …

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.

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 Depar…

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 we…

Notwithstanding any other provision of this chapter, registration is not required if a pesticide is shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person, and the pesticide is not sold or offered for sa…

The registrant shall submit to the secretary the complete formula of any pesticide, including the formula's active ingredients. The secretary may also require the registrant to submit the inert ingredients upon request. Source: SL 1947, ch 99 , § 5; SDC Supp 1960, § 22.12A05 (3);…