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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
| 903H0518 |
HOUSE BILL
NO.
1214
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Introduced by:
Representatives Jaspers, Flowers, and Pederson (Gordon) and Senators
Hutmacher and Everist
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FOR AN ACT ENTITLED, An Act to
revise certain administrative rules relating to pesticide
applicators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That ARSD 12:56:07:05 be amended to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That ARSD 12:56:07:05 be amended to read as follows:
12:56:07:05. Each commercial applicator shall, upon written request, furnish the department
with
an annual
a triennial
summary for the preceding
year
three years
, 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.
All summaries and the information therein submitted to the department shall be held in confidence unless that information is used by the department to compile an area or state-wide report of usage of pesticides by commercial applicators or is subpoenaed by a court of law.
The department
shall
may
not issue a renewed license or allow a certification to be renewed
if the commercial applicator applying for such a license or certification has not submitted the
requested summary for the preceding
year
triennium
.
Section 2. That ARSD chapter 12:56:12 be amended by adding thereto a NEW SECTION to read as follows:
All summaries and the information therein submitted to the department shall be held in confidence unless that information is used by the department to compile an area or state-wide report of usage of pesticides by commercial applicators or is subpoenaed by a court of law.
The department
Section 2. That ARSD chapter 12:56:12 be amended by adding thereto a NEW SECTION to read as follows:
12:56:12:04. Each private applicator shall keep records which shall 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 land or 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 or firm 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 direction and estimated velocity of the wind and the temperature at the time the pesticide was applied (this requirement does not apply to application of baits in bait stations or pesticide applications in or immediately adjacent to structures);
(10) Amount of the pesticide applied and concentration in pounds or gallons per unit or percentages of active ingredient per unit of the pesticide used;
(11) Specific crop or designated site or commodity to which pesticide application was made; and
(12) Name and address of the applicator.
Section 3. That ARSD chapter 12:56:12 be amended by adding thereto a NEW SECTION to read as follows:
(1) The name and address of the person for whom the pesticide was applied;
(2) The location of the land or 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 or firm 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 direction and estimated velocity of the wind and the temperature at the time the pesticide was applied (this requirement does not apply to application of baits in bait stations or pesticide applications in or immediately adjacent to structures);
(10) Amount of the pesticide applied and concentration in pounds or gallons per unit or percentages of active ingredient per unit of the pesticide used;
(11) Specific crop or designated site or commodity to which pesticide application was made; and
(12) Name and address of the applicator.
Section 3. That ARSD chapter 12:56:12 be amended by adding thereto a NEW SECTION to read as follows:
12:56:12:05. Each licensed public operator and licensed applicator shall have all pesticide
application records completed and available to the department for inspection at the close of each
day.
Section 4. That ARSD chapter 12:56:12 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That ARSD chapter 12:56:12 be amended by adding thereto a NEW SECTION to read as follows:
12:56:12:06. Each commercial applicator shall, upon written request, furnish the department
with a triennial summary for the preceding three years, which shall include the following
information by county: crop, 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.
All summaries and the information therein submitted to the department shall be held in confidence unless that information is used by the department to compile an area or state-wide report of usage of pesticides by commercial 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 such a license or certification has not submitted the requested summary for the preceding triennium.
All summaries and the information therein submitted to the department shall be held in confidence unless that information is used by the department to compile an area or state-wide report of usage of pesticides by commercial 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 such a license or certification has not submitted the requested summary for the preceding triennium.
