38-20A-39. Inspection and sampling–Access to premises and records–Identification and examination of samples. The secretary may inspect and sample pesticides and devices kept or offered for sale, sold, or distributed within this state at the time and place and to the extent necessary to confirm compliance with the provisions of this chapter. The secretary has all […]
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 […]
38-20A-41. Stop-sale order on pesticide or device in violation–Attachment to pesticide–Notice–Effect of order. If the secretary has reasonable cause to believe a pesticide or a device is being distributed, sold, or offered for sale within this state in a manner inconsistent with any of the provisions of this chapter, or of any of the rules […]
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 […]
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 […]
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. […]
38-20A-49. Notice of contemplated criminal proceedings–Opportunity to present views–Referral to state’s attorney. If it appears from an examination under §38-20A-39 that a pesticide or device fails to comply with this chapter, and the secretary contemplates a referral to the state’s attorney to institute criminal proceedings against a person, the secretary shall notify that person. A […]
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; […]
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: […]
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 […]
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 […]
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.
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 […]
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 […]
38-20A-6. Interplant shipments–Exception from registration. Notwithstanding any other provision of this chapter, registration is not required if a pesticide is shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person, and the pesticide is not sold or offered for sale in this state. Source: SL […]
38-20A-8. Registration–Requirements–Submission contents. The registrant shall submit to the secretary the complete formula of any pesticide, including the formula’s active ingredients. The secretary may also require the registrant to submit the inert ingredients upon request. Source: SL 1947, ch 99, §5; SDC Supp 1960, §22.12A05 (3); SDCL, §39-19-8; SL 1983, ch 281, §5; SL 2020, […]
