Title 38, AGRICULTURE AND HORTICULTURE

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);…

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…

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 § 38-21-44 . Source: SL 2020, ch 175 , § 4; SL 2023, ch 145 , § 2.

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…

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.

No private applicator may use any pesticide without a license and without first complying with the certification requirements determined by the secretary as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, …

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…

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; …

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 § 38-21-44 . Source: SL 2020, ch 175 , § 9; SL 2023, ch 145 , § 4.

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…

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 …