38-21-39. Restricted-use pesticide classifications--Promulgation of rules.

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 restricted-use pesticides, to restrict the use of certain pesticides, or to disallow the use of certain pesticides within the state or within designated areas of the state.

Source: SL 1974, ch 255, § 3; SL 1986, ch 326, § 47; SL 1991, ch 326, § 14; SL 2020, ch 173, § 50.



SDLRC - Codified Law 38-21-39 - Restricted-use pesticide classifications--Promulgation of rules.

38-21-39.1. Unlicensed sale of restricted-use pesticide--Misdemeanor--Civil penalty.

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 this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any 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 1975, ch 251, § 9; SL 1977, ch 190, § 329; SL 1987, ch 287, § 6; SL 1988, ch 316, § 2; SL 1991, ch 326, § 15; SL 2020, ch 173, § 51.



SDLRC - Codified Law 38-21-39 - Restricted-use pesticide classifications--Promulgation of rules.

38-21-39.2. Sale of restricted-use pesticide to unlicensed person--Misdemeanor--Civil penalty.

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 exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Any pesticide dealer is responsible for acts committed by the pesticide dealer's officers, agents, or employees under the civil penalty provisions of this section.

Source: SL 1988, ch 316, § 3; SL 2020, ch 173, § 52.



SDLRC - Codified Law 38-21-39 - Restricted-use pesticide classifications--Promulgation of rules.

38-21-39.3. Unlicensed buying of restricted-use pesticide--Misdemeanor--Civil penalty.

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 dollars per violation. Any 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 1988, ch 316, § 4; SL 1991, ch 326, § 16; SL 2020, ch 173, § 53.