Title 38 — AGRICULTURE AND HORTICULTURE

Terms used in this chapter mean: (1) "Animals," all vertebrate and invertebrate species, including humans; (2) "Bulk pesticide," any volume of a pesticide, which is transported or held in an immediate reusable container, in undivided quantities greater than one hundred pounds net…

38-21-15 Repealed. 38-21-15.1 Bulk pesticide storage facility permit--Revocation of permit--Penalty. 38-21-15.2 Operation without permit--Civil penalty, injunctive, or declaratory relief. 38-21-15.3 Existing bulk pesticide storage--Alteration--Plans prepared--Rules prohibited. 38…

Source: SL 1974, ch 255 , § 29; SL 1986, ch 326 , § 41; SL 1987, ch 287 , § 1; SL 1991, ch 326 , § 2; SL 2020, ch 174 , § 7.

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 thi…

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 …

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…

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 ma…

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 damag…

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…

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 §

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 cover…

38-21-20 Qualified applicants--Issuance of license--Denial of application. 38-21-21 Licensure--Denial or non-issuance--Written explanation. 38-21-22 Applicator's license--Restrictions. 38-21-23 Private applicator's license--Requirement--Fee--Promulgation of rules--Penalty for vio…

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 pesticid…

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.

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.

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.

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 202…

38-21-26 Repealed. 38-21-27 38-21-27 to 38-21-32. Repealed by SL 1991, ch 326 , §§ 6 to 11. 38-21-33 Classes of certifications and licenses. 38-21-33.1 Pesticide dealer--Unlicensed operation--Misdemeanor--Civil penalty. 38-21-33.2 Physicians, veterinarians, and pharmacists--Exemp…

Source: SL 1953, ch 93 , § 2; SL 1955, ch 73 ; SDC Supp 1960, § 22.12B05; SDCL, § 38-21-9; SL 1974, ch 255 , § 9; SL 1977, ch 309 , § 1; SL 1986, ch 332 , § 5; SL 2001, ch 215 , § 21; SL 2020, ch 175 , § 7. 38-21-27 to 38-21-32. Repealed by SL 1991, ch 326 , §§ 6 to 11

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 applicat…

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 …

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.

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 muni…

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…

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.

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; …

38-21-33.8 Pesticide dealer--Exemption. 38-21-33.9 Pesticide dealer's license--Expiration. 38-21-34 Applicator's license--Limitations. 38-21-35 Veterinarians --Exemption. 38-21-36 Research applications under laboratory conditions exempt. 38-21-37 Application without compensation-…

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 ; S…

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 §

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;…

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 busine…

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.

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…

Source: SL 1974, ch 255 , § 25; SL 1991, ch 326 , § 13; SL 2020, ch 174 , § 11.

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 re…

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 th…

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 exc…

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 …

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 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.

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 …

Source: SL 1974, ch 255 , § 15; SL 1986, ch 332 , § 9; SL 2001, ch 215 , § 25; SL 2020, ch 175 , § 10.

The secretary, pending examination and after notice and opportunity for a hearing, pursuant to chapter 1-26 , may suspend, revoke, deny, or modify any provision of any license issued under this chapter and held by the violator, if the secretary finds that the holder or applicant …

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 …

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…

Source: SL 1974, ch 255 , § 22; SL 2020, ch 174 , § 20.

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 interes…

38-21-50.1 Repealed. 38-21-50.2 Damages to injured person. 38-21-51 Administration and enforcement of chapter--Promulgation of rules. 38-21-52 Cooperation with other agencies. 38-21-53 Entry and inspection by secretary. 38-21-54 Repealed. 38-21-55 Cause of action--Injunction. 38-…

Source: SL 1985, ch 377 , § 4; SL 1987, ch 287 , § 10; SL 1991, ch 326 , § 19; SL 2020, ch 174 , § 22.

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 …