CHAPTER 12:56:07

APPLICATOR RECORDS

Section

12:56:07:01        Required applicator records.

12:56:07:02        Availability of records to the department.

12:56:07:03        Records to be kept for three years.

12:56:07:04        Commercial applicator to make record of application available to customer.

12:56:07:05        Information to be furnished upon department request.

          12:56:07:01.  Required applicator records. Each applicator shall keep records which must include the following for each application:

          (1)  The name and address of the person for whom the pesticide was applied;

          (2)  The location of the property where the pesticide was applied;

          (3)  The pest to be treated;

          (4)  The acreage, area, or number of plants or animals treated or other appropriate description;

          (5)  The year, month, day, and time the pesticide was applied;

          (6)  The person who applied the pesticide;

          (7)  The trade or brand name and common name of the pesticide applied;

          (8)  The company name appearing on the product label;

          (9)  The weather conditions at the time of application, including the direction and estimated velocity of the wind and the temperature at the time the pesticide was applied except that this requirement does not apply to the application of bait in bait stations or pesticide applications in or immediately adjacent to structures;

          (10)  The amount of the pesticide applied and its concentration in pounds or gallons per unit or percentages of active ingredient per unit;

          (11)  The specific crop or designated site or commodity to which the pesticide application was made.

          Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; 47 SDR 59, effective December 2, 2020.

          General Authority: SDCL 38-21-51.

          Law Implemented: SDCL 38-21-24, 38-21-51.

          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 records upon request.

          Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 47 SDR 59, effective December 2, 2020.

          General Authority: SDCL 38-21-51.

          Law Implemented: SDCL 38-21-24.

          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 pesticide application to the customer's land.

          Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 38 SDR 40, effective September 20, 2011; 47 SDR 59, effective December 2, 2020.

          General Authority: SDCL 38-21-51.

          Law Implemented: SDCL 38-21-24, 38-21-51.

          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 furnish the department with a summary for the preceding year, which shall include the following information by county: crop, site, or commodity treated, pest treated, trade or brand name and common name of pesticide applied, the percent of or pounds of active ingredient per gallon, and total volume used. The secretary may require the information to be submitted more than once in a five-year period if circumstances require that the information is needed to protect the health and well-being of the residents of this state.

          All summaries and information submitted to the department is confidential, unless that information is used by the department to compile an area or state-wide report of pesticide usage by applicators or is subpoenaed by a court of law.

          The department may not issue a renewed license or allow a certification to be renewed if the commercial applicator applying for the license or certification has not submitted the requested summary for the preceding year.

          Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; SL 2003, ch 214, § 1, effective July 1, 2003; 47 SDR 59, effective December 2, 2020.

          General Authority: SDCL 38-21-51.

          Law Implemented: SDCL 38-21-24, 38-21-51.