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.