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 […]
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, […]
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, […]
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 […]
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; […]
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 […]
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 […]
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 […]
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-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 […]
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 […]
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 […]
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 […]
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, […]
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; […]
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; […]
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 […]
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. […]
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 […]
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 […]
