CHAPTER 38-20A
PESTICIDES
38-20A-1 Definitions.
38-20A-2 Repealed.
38-20A-3 Declaration as pest--Public hearing.
38-20A-4 Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation.
38-20A-5 38-20A-5. Repealed by SL 1983, ch 281, § 3
38-20A-6 Interplant shipments--Exception from registration.
38-20A-7 38-20A-7. Repealed by SL 1998, ch 247, § 3
38-20A-8 Registration--Requirements--Submission contents.
38-20A-9 38-20A-9, 38-20A-9.1. Repealed by 1998, ch 247, §§ 4, 5
38-20A-10 Registration of pesticide by secretary.
38-20A-11 Registration not a defense.
38-20A-12 Notice to registrant--Failure to comply--Refusal of registration--Hearing.
38-20A-13 Cancellation of registration--Hearing.
38-20A-14 38-20A-14. Repealed by SL 1983, ch 281, § 9
38-20A-15 Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions.
38-20A-16 Adulterated pesticides.
38-20A-17 38-20A-17. Repealed by SL 1983, ch 281, § 11
38-20A-17.1 Misbranded pesticides.
38-20A-18 38-20A-18. Repealed by SL 1983, ch 281, § 12
38-20A-18.1 Misbranded device.
38-20A-19 38-20A-19 to 38-20A-24. Repealed by SL 1983, ch 281, §§ 13 to 18
38-20A-25 Repealed.
38-20A-26 Sale or distribution of adulterated or misbranded article prohibited.
38-20A-27 Unregistered pesticides--Prohibitions--Change in labeling or formula.
38-20A-28 Authorized container--Requirements--Prohibitions.
38-20A-29 Label required--Contents of label.
38-20A-30 38-20A-30. Repealed by SL 1983, ch 281, § 26
38-20A-31 Exemption for carriers--Access to records.
38-20A-32 State and federal officials exempt from penalties.
38-20A-33 38-20A-33. Repealed by SL 1983, ch 281, § 29
38-20A-34 Alteration or destruction of label as petty offense--Changing composition of substance.
38-20A-35 Exemption of pesticide packed for export--Provisions applicable if not exported.
38-20A-36 Promulgation of rules.
38-20A-37 Cooperation with other state and federal agencies.
38-20A-38 Repealed.
38-20A-39 Inspection and sampling--Access to premises and records--Identification and examination of samples.
38-20A-40 38-20A-40. Repealed by SL 1983, ch 281, § 33
38-20A-41 Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.
38-20A-42 38-20A-42 to 38-20A-45. Repealed by SL 1983, ch 281, §§ 35 to 38
38-20A-46 Stop-sale--Payment of costs.
38-20A-47 Prohibited contracts void--Action on contract prohibited.
38-20A-48 38-20A-48.Violation of chapter--Penalties.
38-20A-49 38-20A-49.Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.
38-20A-50 38-20A-50.Minor violations--Written warning.
38-20A-50.1 38-20A-50.1.Voluntary compliance--Administrative settlement agreements.
38-20A-51 Repealed.
38-20A-52 Repealed.
38-20A-53 Repealed.
38-20A-54 Waste pesticide--Development of program--Promulgation of rules.
38-20A-55 Repealed.
38-20A-56 Creation of pesticide recycling and disposal fund--Interest--Appropriation.
38-20A-57 Acceptance of donations.
38-20A-58 Establishment of public lands weed and pest fund--Interest--Expenditures.
38-20A-59 Registration fees--Distribution.
38-20A-1. Definitions.
Terms used in this chapter mean:
(1) "Active ingredient," any ingredient which prevents, destroys, repels, or mitigates insects, fungi, rodents, weeds, or other pests;
(2) "Antidote," the most practical immediate treatment in case of poisoning, including first-aid treatment;
(3) "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 dry weight or fifty-five U.S. gallons liquid measure. This does not include pesticides which are in the custody of the ultimate user and are fully prepared for use by the user;
(4) "Device," any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or for destroying, repelling, or mitigating fungi, weeds, rodents, or any other pests designated by the secretary, but not including equipment used for the application of pesticides when sold separately and not including rodent traps;
(5) "Fungi," all nonchlorophyll-bearing thallophytes of a lower order than mosses and liverworts, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals;
(6) "Fungicide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi;
(7) "Herbicide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed;
(8) "Inert ingredient," an ingredient which is not an active ingredient;
(9) "Ingredient statement," a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in a pesticide. In the case of every pesticide containing arsenic in any form, the ingredient statement shall show, in addition to other required information, the percentages of total arsenic and of water-soluble arsenic, each expressed in terms of elemental arsenic;
(10) "Insect," any of the numerous small invertebrate animals belonging to the class insecta and to other allied classes of arthropods;
(11) "Insecticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment;
(12) "Label," the written, printed, or graphic matter on, or attached to, the pesticide or device, or the immediate container and the outside container or wrapper of the retail package;
(13) "Labeling," all labels and other written, printed, or graphic matter:
(a) On the pesticide or device or any of its containers or wrappers;
(b) Accompanying the pesticide or device at any time; or
(c) To which reference is made on the label or in literature accompanying the pesticide or device, except accurate, nonmisleading reference to current official publications of any government institution or official agency of the United States or of this or any other state, authorized by law to conduct research in the field of pesticides;
(14) "Pest," any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living persons or other living animals, which the secretary declares to be a pest;
(15) "Pesticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant or any substance or mixture of substances intended to be used as a spray adjuvant;
(16) "Registrant," the person registering any pesticide pursuant to the provisions of this chapter;
(17) "Rodenticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the secretary declares to be a pest;
(18) "Secretary," the secretary of the Department of Agriculture and Natural Resources;
(19) "Waste pesticide," any pesticide formulation that cannot be used according to label directions because of cancellation or suspension of its federal registration or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because the pesticide is not stored in its original container; and
(20) "Weed," any plant which grows where not wanted.
Source: SL 1943, ch 88, § 1; SL 1947, ch 99, § 2; SL 1955, ch 69; SDC Supp 1960, § 22.12A02; SDCL, § 39-19-1; SL 1983, ch 281, § 1; SL 1986, ch 332, § 2; SL 1992, ch 282, § 3; SL 2020, ch 173, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-20A-2. Repealed.
Source: SL 1947, ch 99, § 11; SDC Supp 1960, § 22.12A10; SDCL, § 39-19-2; SL 2020, ch 173, § 2.
38-20A-3. Declaration as pest--Public hearing.
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 1985, ch 15, § 51; SL 2020, ch 173, § 3.
38-20A-4. Pesticides--Sale or distribution--Registration--Contents--Fees--Cancellation.
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 name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;
(2) The name of the pesticide;
(3) One complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for the pesticide, including directions for use;
(4) If requested by the secretary, efficacy, toxicity, residue, and any other data necessary to determine if the pesticide will perform its intended function without unreasonable adverse effects on the environment;
(5) The classification or lack of classification and general use or restricted use of the pesticide; and
(6) An annual registration fee of one hundred sixty-five dollars.
Each registration is valid for one year and expires on June thirtieth. The registration may not be transferred. A fee equal to fifty percent of the registration fee shall be applied to any late renewal. Each pesticide registration fee is nonrefundable.
If a pesticide is no longer available for use due to a cancellation or suspension order of the United States Environmental Protection Agency, it is not subject to registration requirements. If the holder of a pesticide registration cancels the registration, the pesticide shall be discontinued within two years. During the discontinuance period, the annual registration fee shall be paid.
Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (1); SDCL § 39-19-4; SL 1983, ch 281, § 2; SL 1998, ch 247, § 1; SL 2008, ch 208, § 1, eff. Mar. 13, 2008; SL 2018, ch 243, § 1; SL 2020, ch 175, § 1.
38-20A-6. Interplant shipments--Exception from registration.
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 sale in this state.
Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (5); SDCL, § 39-19-6; SL 2020, ch 173, § 4.
38-20A-8. Registration--Requirements--Submission contents.
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); SDCL, § 39-19-8; SL 1983, ch 281, § 5; SL 2020, ch 173, § 5.
38-20A-10. Registration of pesticide by secretary.
If it appears to the secretary that the composition of the pesticide warrants the proposed claims for it, and if the pesticide, labeling, and other material required to be submitted meet the requirements in §§ 38-20A-16 to 38-20A-29, inclusive, the secretary shall register the pesticide.
Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (2), (3); SDCL, § 39-19-10; SL 1998, ch 247, § 6; SL 2020, ch 173, § 6.
38-20A-11. Registration not a defense.
In no event may registration of a pesticide be construed as a defense for the commission of any offense prohibited under the provisions of §§ 38-20A-26 to 38-20A-29, inclusive.
Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (4); SDCL, § 39-19-11; SL 1983, ch 281, § 6; SL 2020, ch 173, § 7.
38-20A-12. Notice to registrant--Failure to comply--Refusal of registration--Hearing.
If it does not appear to the secretary that the pesticide warrants the proposed claims for it or if the pesticide labeling and other material required to be submitted do not comply with the provisions of this chapter or the rules promulgated thereunder, the secretary shall notify the registrant of the reasons the pesticide, labeling, or other material fails to comply with the provisions of this chapter to provide the registrant an opportunity to make the necessary corrections. If, upon receipt of the notice, the registrant does not make the necessary corrections, the secretary may refuse to register the pesticide. If the secretary refuses to register the pesticide, the registrant may request a hearing under the provisions of chapter 1-26.
Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (4); SDCL, § 39-19-12; SL 1983, ch 281, § 7; SL 2020, ch 173, § 8.
38-20A-13. Cancellation of registration--Hearing.
If the secretary determines that a registered pesticide or its labeling does not comply with the provisions of this chapter or rules promulgated under this chapter, the secretary may cancel the registration of that pesticide, subject to a hearing under the provisions of chapter 1-26.
Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (4); SDCL, § 39-19-13; SL 1983, ch 281, § 8; SL 2020, ch 173, § 9.
38-20A-15.Information regarding pesticide formulas--Prohibitions--Violations as misdemeanors--Exceptions.
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-48, it is a Class 2 misdemeanor for any person to use or reveal information relative to formulas of products acquired in accordance with §§ 38-20A-4 to 38-20A-13, inclusive, with the intent to defraud.
This section does not apply to information revealed to the secretary, or to any official or employee of this state, or to the courts of this state in response to a subpoena, or, in an emergency, to physicians, pharmacists, and other qualified persons for use in the preparation of antidotes.
Source: SL 1947, ch 99, §§ 4, 9; SDC Supp 1960, §§ 22.12A04 (2) (b), 22.9931; SDCL, § 39-19-15; SL 1977, ch 190, § 416; SL 1992, ch 158, § 100; SL 2020, ch 174, § 1.
38-20A-16. Adulterated pesticides.
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 pesticide has been wholly or in part abstracted.
Source: SL 1943, ch 88, § 3; SL 1947, ch 99, § 3; SDC Supp 1960, § 22.12A03 (1); SDCL, § 39-19-16; SL 1983, ch 281, § 10; SL 2020, ch 173, § 10.
38-20A-17.1. Misbranded pesticides.
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 any reference to registration under the provisions of this chapter;
(4) The label does not contain necessary instructions for use which are adequate, if complied with, for the protection of the public;
(5) The label does not bear a necessary warning or caution statement which is adequate, if complied with, to prevent injury to living persons or other vertebrate animals;
(6) The label does not bear an ingredient statement on the immediate container and on the outside container or wrapper, if one exists through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;
(7) The label fails to clearly and plainly show the name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured; the name, brand, or trademark under which the pesticide is registered and sold; and the net weight or measure of the contents of the container, subject, however, to any reasonable variations as the secretary of agriculture and natural resources may permit by regulation;
(8) Any word, statement, or other information required by the provisions of this chapter that appears on the labeling is not prominently placed on the labeling in a conspicuous manner, when compared with other words, statements, designs, or graphic material on the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(9) The pesticide is injurious to living persons or other vertebrate animals, or to vegetation, except weeds or pests, to which it is applied, or to the person applying the pesticide, when used as directed or in accordance with commonly recognized practices.
Source: SL 1983, ch 281, § 19; SL 2020, ch 173, § 11; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
38-20A-18.1. Misbranded device.
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.
38-20A-25. Repealed.
Source: SL 1947, ch 99, § 3; SDC Supp 1960, § 22.12A03 (3) (g); SDCL, § 39-19-25; SL 1983, ch 281, § 21; SL 2020, ch 173, § 13.
38-20A-26. Sale or distribution of adulterated or misbranded article prohibited.
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, § 417; SL 1983, ch 281, § 22.
38-20A-27. Unregistered pesticides--Prohibitions--Change in labeling or formula.
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 use differ in substance from the representations made in connection with its registration; or any pesticide if the composition of the pesticide differs from the composition represented in its registration. The secretary may allow a change in the labeling or formula of a pesticide within a registration period without requiring reregistration of the pesticide.
Source: SL 1947, ch 99, §§ 4, 9; SDC Supp 1960, §§ 22.12A04 (1) (a), 22.9929; SDCL, § 39-19-27; SL 1977, ch 190, § 418; SL 1983, ch 281, § 23; SL 2020, ch 173, § 14.
38-20A-28. Authorized container--Requirements--Prohibitions.
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 exists through which the ingredient statement on the immediate container cannot be clearly read, a label bearing clearly and plainly the information required in this chapter.
Source: SL 1947, ch 99, § 4; SDC Supp 1960, § 22.12A04 (1) (b); SDCL, § 39-19-28; SL 1977, ch 190, § 419; SL 1983, ch 281, § 24; SL 2020, ch 173, § 15.
38-20A-29. Label required--Contents of label.
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 and the word "poison," both prominently printed in red figure and letters not less than one-fourth inch high on a background of distinctly contrasting color; and
(2) A statement of an antidote for the pesticide.
Source: SL 1947, ch 99, §§ 4, 6; SDC Supp 1960, §§ 22.12A04 (1) (c), 22.12A06 (1) (b); SDCL, § 39-19-29; SL 1977, ch 190, § 420; SL 1983, ch 281, § 25; SL 2020, ch 173, § 16.
38-20A-31. Exemption for carriers--Access to records.
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.
Source: SL 1947, ch 99, § 8; SDC Supp 1960, § 22.12A08 (1) (a); SDCL, § 39-19-31; SL 1983, ch 281, § 27; SL 2020, ch 173, § 17.
38-20A-32. State and federal officials exempt from penalties.
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, § 28; SL 2020, ch 173, § 18.
38-20A-34. Alteration or destruction of label as petty offense--Changing composition of substance.
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 the provisions of this chapter.
Source: SL 1947, ch 99, § 4; SDC Supp 1960, § 22.12A04 (2) (a); SDCL, § 39-19-34; SL 1977, ch 190, § 422; SL 2020, ch 173, § 19.
38-20A-35. Exemption of pesticide packed for export--Provisions applicable if not exported.
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 1947, ch 99, § 8; SDC Supp 1960, § 22.12A08 (2); SDCL, § 39-19-35; SL 2020, ch 173, § 20.
38-20A-36. Promulgation of rules.
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 and in conformity with the primary standards established by this chapter that have been or may be prescribed by the United States Department of Agriculture, United States Environmental Protection Agency, or other federal agency with respect to pesticides.
Source: SL 1947, ch 99, § 6; SL 1949, ch 86; SDC Supp 1960, § 22.12A06 (2); SDCL, § 39-19-36; SL 1983, ch 281, § 30; SL 1986, ch 27, § 45; SL 1986, ch 326, § 39; SL 2020, ch 173, § 21.
38-20A-37. Cooperation with other state and federal agencies.
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 carrying out the provisions of this chapter and securing uniformity of regulations.
Source: SL 1947, ch 99, § 12; SDC Supp 1960, § 22.12A11; SDCL, § 39-19-37; SL 2020, ch 173, § 22.
38-20A-38. Repealed.
Source: SL 1947, ch 99, § 6; SDC Supp 1960, § 22.12A06 (3); SDCL, § 39-19-38; SL 1983, ch 281, § 31; SL 1986, ch 326, § 40; SL 2020, ch 173, § 23.
38-20A-39. Inspection and sampling--Access to premises and records--Identification and examination of samples.
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, inspection, sampling, and access to places, property, containers, and records as necessary to enforce the provisions of this chapter. All samples collected shall be sealed and properly identified in the presence of the dealer or person from whom taken and shall be promptly examined.
Source: SL 1949, ch 86; SDC Supp 1960, § 22.12A06 (2); SDCL, § 39-19-39; SL 1983, ch 281, § 32; SL 2020, ch 173, § 24.
38-20A-41. Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.
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 issue and serve a written "stop-sale" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available for service of the order, the order may be attached to the pesticide or device and the secretary shall notify the owner or custodian and the registrant. The pesticide or device may not be sold or used, and the stop-sale order may not be removed until the pesticide or device meets the provisions of this chapter and is released by written order under conditions specified by the secretary or the violation is otherwise rectified as provided in this chapter.
Source: SL 1977, ch 318; SL 1983, ch 281, § 34; SL 2020, ch 173, § 25.
38-20A-46. Stop-sale--Payment of costs.
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 direct that the pesticide or device be delivered to its owner for relabeling or reprocessing.
Source: SL 1947, ch 99, § 10; SDC Supp 1960, § 22.12A09 (2); SDCL, § 39-19-45; SL 1983, ch 281, § 39; SL 2020, ch 173, § 26.
38-20A-47. Prohibited contracts void--Action on contract prohibited.
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 value of any pesticide or device furnished in violation of any of the provisions of this chapter.
Source: SL 1917, ch 242, § 22; RC 1919, § 7803; SDC 1939, § 22.0106; SDCL, § 39-1-7; SL 1983, ch 281, § 40; SL 2020, ch 173, § 28.
38-20A-48.Violation of chapter--Penalties.
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 circuit court. Any civil penalty collected shall be deposited into the state general fund.
Source: SL 1947, ch 99, § 9; SDC Supp 1960, § 22.9930; SDCL, § 39-19-46; SL 1977, ch 190, § 423; SL 1983, ch 281, § 43; SL 2020, ch 174, § 2.
38-20A-49.Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.
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 so notified may present the person's views within thirty days of receiving notice, either orally or in writing, with regard to the contemplated proceedings. If, in the opinion of the secretary, it appears that this chapter has been violated, the secretary shall refer the facts to the state's attorney for the county in which the violation occurred with a copy of the results of the analysis or the examination of the pesticide or device.
Source: SL 1947, ch 99, § 7; SDC Supp 1960, § 22.12A07 (1); SDCL, § 39-19-48; SL 1983, ch 281, § 41; SL 2020, ch 174, § 3.
38-20A-50.Minor violations--Written warning.
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 Supp 1960, § 22.12A07 (1); SDCL, § 39-19-49; SL 1983, ch 281, § 42; SL 2020, ch 174, § 4.
38-20A-50.1.Voluntary compliance--Administrative settlement agreements.
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, including stipulated settlements of any civil penalty authorized under this title.
Source: SL 2020, ch 174, § 5.
38-20A-51. Repealed.
Source: SL 1947, ch 99, § 7; SDC Supp 1960, § 22.12A07 (2); SDCL, § 39-19-50; SL 2020, ch 173, § 27.
38-20A-52. Repealed.
Source: SL 1947, ch 99, § 7; SDC Supp 1960, § 22.12A07 (3); SDCL, § 39-19-51; SL 2020, ch 173, § 29.
38-20A-53. Repealed.
Source: SL 1947, ch 99, § 1; SDC Supp 1960, § 22.12A01; SDCL, § 39-19-52; SL 2020, ch 173, § 30.
38-20A-54. Waste pesticide--Development of program--Promulgation of rules.
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 federal agencies to fulfill the goals of the program;
(2) Define the types and condition of pesticide containers to be accepted through the recycling program;
(3) Define the kind and condition of pesticides to be accepted through the waste pesticide collection and disposal program;
(4) Establish procedures for collecting waste pesticides for disposal and pesticide containers for recycling; and
(5) Develop criteria for establishing pesticide and pesticide container collection sites.
Source: SL 1992, ch 282, § 1; SL 1995, ch 232; SL 2020, ch 173, § 31.
38-20A-55. Repealed.
Source: SL 1992, ch 282, § 4; SL 2008, ch 208, § 2, eff. Mar. 13, 2008; SL 2020, ch 173, § 32.
38-20A-56. Creation of pesticide recycling and disposal fund--Interest--Appropriation.
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 the pesticide recycling and disposal fund are continuously appropriated to the Department of Agriculture and Natural Resources to carry out the provisions of §§ 38-20A-54 to 38-20A-57, inclusive.
Source: SL 1992, ch 282, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
38-20A-57. Acceptance of donations.
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.
38-20A-58. Establishment of public lands weed and pest fund--Interest--Expenditures.
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 Department of School and Public Lands for weed and pest control on school and public lands and meandered lake lands. At the end of each fiscal year, any unobligated cash in the public lands weed and pest fund in excess of three hundred thousand dollars shall revert to the weed and pest fund created in § 38-22-35.
Source: SL 1993, ch 305, § 2; SL 1998, ch 247, § 7.
38-20A-59. Registration fees--Distribution.
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 weed and pest fund created in § 38-22-35;
(3) Twenty-one dollars and twenty-five cents shall be deposited in the public lands weed and pest fund created in § 38-20A-58;
(4) Fifteen dollars shall be deposited within the agricultural experiment station pursuant to chapter 13-58;
(5) Ten dollars shall be deposited within the cooperative extension service pursuant to chapter 13-54; and
(6) Forty dollars shall be deposited in the pesticide recycling and disposal fund created in § 38-20A-56.
The late renewal fee in § 38-20A-4 shall be divided equally among the weed and pest fund created in § 38-22-35, the pesticide regulatory fund created in § 38-21-57, and the public lands weed and pest fund created in § 38-20A-58.
Source: SL 1998, ch 247, § 2; SL 2008, ch 208, § 3, eff. Mar. 13, 2008; SL 2018, ch 243, § 2; SL 2020, ch 175, § 2.
