38-21-44. Licensure action--Penalty.

The secretary, pending examination and after notice and opportunity for a hearing, pursuant to chapter 1-26, may suspend, revoke, deny, or modify any provision of any license issued under this chapter and held by the violator, if the secretary finds that the holder or applicant has committed any of the following acts, each of which is declared to be a violation of this chapter:

(1)    Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;

(2)    Made a pesticide recommendation or application inconsistent with the labeling, or mixed, loaded, stored, transported, disposed, displayed, or handled a pesticide or pesticide container inconsistent with the product label or labeling, provided a deviation may include:

(a)    The loading and handling of the manufacturer's unbroken immediate container; and

(b)    Actions permitted under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136(ee), as amended through January 1, 2023;

(3)    Applied known ineffective or improper materials;

(4)    Operated faulty or unsafe equipment;

(5)    Operated in a faulty, careless, or negligent manner;

(6)    Neglected or, after notice, refused to comply with this chapter, rules adopted under this chapter, or any lawful order of the secretary;

(7)    Refused or neglected to keep and maintain records required by this chapter, or to make reports as required;

(8)    Made false or fraudulent records, invoices, or reports;

(9)    Engaged in the business of applying a pesticide on the lands of another, without having a license or certification required by this chapter;

(10)    Used fraud or misrepresentation in applying for or renewing a license or certification;

(11)    Refused or neglected to comply with any limitations or restrictions listed on an issued license;

(12)    Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, conspired with such a person to evade the provisions of this chapter, or allowed one's license or certification to be used by another person;

(13)    Made false or misleading statements to the secretary or the secretary's agents during an inspection or investigation conducted under this chapter;

(14)    Impersonated any federal, state, county, or city inspector or official;

(15)    Failed to maintain the aerial requirements, as provided for in § 38-21-20;

(16)    Transported, stored, used, disposed of, or handled any pesticide, pesticide container, rinsate, or application equipment in a manner that:

(a)    Endangers or causes injury or damage to humans, vegetation, crops, livestock, wildlife, or beneficial insects; or

(b)    Pollutes groundwater or surface water; or

(17)    Violated agricultural pesticide application laws of any other state or violated federal agricultural pesticide application laws while in any other state.

In addition to the administrative sanctions available to the secretary pursuant to this section, a violation of this section is a Class 2 misdemeanor.

Any person who violates this section is also subject to a civil penalty, not to exceed five thousand dollars per violation. A civil penalty under this section must be imposed by the circuit court.

Any civil penalty collected must be deposited into the state general fund.

The secretary is not required to seek the administrative sanctions available under this section before referring charges or commencing any action against an alleged violator of this section.

Source: SL 1951, ch 113, § 3; SL 1953, ch 93, § 2; SDC Supp 1960, § 22.12B07; SDCL, § 38-21-12; SL 1974, ch 255, § 16; SL 1986, ch 332, § 10; SL 1987, ch 287, § 8; SL 1990, ch 321; SL 1991, ch 326, § 17; SL 2020, ch 174, § 14; SL 2023, ch 145, § 5.