Section 38-20A-32 – State and federal officials exempt from penalties.
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; […]
Section 38-20A-15 – Information regarding pesticide formulas–Prohibitions–Violations as misdemeanors–Exceptions.
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 […]
Section 38-20A-16 – Adulterated pesticides.
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 […]
Section 38-20A-17.1 – Misbranded pesticides.
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 […]
Section 38-20A-18.1 – Misbranded device.
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.
Section 38-20A-26 – Sale or distribution of adulterated or misbranded article prohibited.
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 […]
Section 38-20A-27 – Unregistered pesticides–Prohibitions–Change in labeling or formula.
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 […]
Section 38-20A-1 – Definitions.
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 […]
Section 38-20A-3 – Declaration as pest–Public hearing.
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, […]
Section 38-20A-4 – Pesticides–Sale or distribution–Registration–Contents–Fees–Cancellation.
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 […]