Section 38-21-51 – Administration and enforcement of chapter–Promulgation of rules.
38-21-51. Administration and enforcement of chapter–Promulgation of rules. The secretary may promulgate rules pursuant to chapter 1-26 providing for: (1)The inspection of storage and disposal areas; (2)The inspection of application equipment and equipment storage areas; (3)The establishment of restricted pesticide uses or methods of distribution; (4)Standards for the use, transportation, storage, handling, and disposal of […]
Section 38-21-52 – Cooperation with other agencies.
38-21-52. Cooperation with other agencies. The secretary may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter; to secure uniformity of regulations; to cooperate in the enforcement of […]
Section 38-21-53 – Entry and inspection by secretary.
38-21-53. Entry and inspection by secretary. To perform any duty pursuant to the provisions of this chapter, the secretary may enter any public or private premises at any reasonable time to inspect any pesticide-related equipment and the premises on which the equipment is kept or stored, to inspect lands actually or reportedly exposed to pesticides, […]
Section 38-21-55 – Cause of action–Injunction.
38-21-55. Cause of action–Injunction. The secretary may cause an action to commence in any court of competent jurisdiction to enjoin the violation or threatened violation of any provision of this chapter. Source: SL 1974, ch 255, §33; SL 2020, ch 173, § 58.
Section 38-21-56 – Notification of pesticide application–Promulgation of rules.
38-21-56. Notification of pesticide application–Promulgation of rules. The secretary may promulgate rules, pursuant to chapter 1-26, to require posting of pesticide application sites and notifying the public or other individuals who may be affected by a pesticide application that has occurred or will occur in the future. Source: SL 1992, ch 284, §1; SL 2020, […]
Section 38-21-57 – Pesticide regulatory fund–Administration and uses–Expenditures.
38-21-57. Pesticide regulatory fund–Administration and uses–Expenditures. Funds collected pursuant to §§38-21-17, 38-21-23, and 38-21-33.5 shall be deposited in a special revenue fund hereby created in the state treasury known as the pesticide regulatory fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received […]
Section 38-21-58 – Application of pesticide–Licensed commercial applicator–Personal property.
38-21-58. Application of pesticide–Licensed commercial applicator–Personal property. Any commercial applicator who is licensed pursuant to this chapter to apply pesticides to agricultural land may apply pesticides to property owned by the applicator without a private applicator’s license if the commercial categories in which the applicator is licensed are the appropriate applications to be made. Any […]
Section 38-21-44.2 – Obtaining voluntary compliance–Administrative settlement agreements.
38-21-44.2. Obtaining voluntary compliance–Administrative settlement agreements. Nothing in this chapter prevents the department from obtaining voluntary compliance with the provisions of this chapter through a conference, settlement, or any other appropriate means. The secretary may enter into an administrative settlement agreement regarding any violation of the provisions of this chapter including stipulated settlements of any […]
Section 38-21-45 – Pesticide damage–Liability.
38-21-45. Pesticide damage–Liability. Nothing in this chapter may be construed to relieve any person from liability for any damage to another caused by the use of pesticides even though the use conforms to the rules promulgated under the authority of this chapter. Source: SL 1974, ch 255, §34; SL 2020, ch 174, § 17.
Section 38-21-46 – Notice of damage–Requirements–Exception.
38-21-46. Notice of damage–Requirements–Exception. Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of: (1)Thirty days after the date that the damages were observed or should have been observed; or (2)If a growing crop is alleged to have been […]