Section 38-20A-50 – 38-20A-50.Minor violations–Written warning.
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; […]
Section 38-20A-50.1 – 38-20A-50.1.Voluntary compliance–Administrative settlement agreements.
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: […]
Section 38-20A-54 – Waste pesticide–Development of program–Promulgation of rules.
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 […]
Section 38-20A-56 – Creation of pesticide recycling and disposal fund–Interest–Appropriation.
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 […]
Section 38-20A-57 – Acceptance of donations.
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.
Section 38-20A-58 – Establishment of public lands weed and pest fund–Interest–Expenditures.
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 […]
Section 38-20A-59 – Registration fees–Distribution.
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 […]
Section 38-20A-46 – Stop-sale–Payment of costs.
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 […]
Section 38-20A-47 – Prohibited contracts void–Action on contract prohibited.
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 […]
Section 38-20A-48 – 38-20A-48.Violation of chapter–Penalties.
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. […]