38-21-14. Definitions. Terms used in this chapter mean: (1)”Animals,” all vertebrate and invertebrate species, including humans; (2)”Bulk pesticide,” any volume of a pesticide which is transported or held in an immediate reusable container in undivided quantities greater than one hundred pounds net dry weight or fifty-five United States gallons liquid measure. The term does not […]
38-21-15.1. Bulk pesticide storage facility permit–Revocation of permit–Penalty. No person may establish or operate a bulk pesticide storage facility without obtaining a bulk pesticide storage facility permit from the secretary. If a bulk pesticide storage facility is operating in violation of the permit requirements established in rules promulgated under this chapter, the secretary may grant […]
38-21-15.2. Operation without permit–Civil penalty, injunctive, or declaratory relief. Notwithstanding any other provision of this chapter, any person who operates a bulk storage facility without a permit or violates the bulk pesticide storage facility permit provision of this chapter is subject to a civil penalty not to exceed five hundred dollars for each day of […]
38-21-15.3. Existing bulk pesticide storage–Alteration–Plans prepared–Rules prohibited. The secretary may not promulgate a rule requiring that plans, specifications, and supporting information submitted for an alteration of an existing bulk pesticide storage facility or the construction of a new site be prepared by a registered professional engineer. Nothing in this section prohibits an operator of a […]
38-21-15.4 . Bulk pesticide storage facility–Promulgation of rules. The secretary may promulgate rules, pursuant to chapter 1-26 , providing for a bulk pesticide storage facility permit system and operational requirements necessary for secondary containment of bulk pesticide for the protection of the environment and human health. The secretary may require that appropriate plans and specifications […]
38-21-16. Pesticide incidents–Report of damage–Inspection by secretary. Any person may report damage from the use of a pesticide or any alleged pesticide incident to the secretary on a form provided by the secretary, with a written statement, within thirty days after the date the damage was observed or the incident occurred. Any person alleging damage […]
38-21-17. Commercial applicator license–Annual fee–Violation as misdemeanor–Civil penalty. No person may perform any of the following acts without a commercial applicator’s license issued by the secretary, unless exempt under the provisions of this chapter: (1)Engage in the business of applying pesticides to the lands of another; (2)Advertise as being in the business of applying pesticides […]
38-21-17.1 . Commercial applicator’s license–Expiration. A commercial applicator’s license shall expire on the last day of February of the second year following the year of issuance unless the license is revoked before the expiration by the secretary, as provided in § 38-21-44 . Source: SL 2020, ch 175, § 4.
38-21-18. Standards for certification of applicators–Promulgation of rules. The secretary may promulgate rules, pursuant to chapter 1-26, to prescribe standards for the certification of all applicators of pesticides. The standards shall relate to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by the […]
38-21-20. Qualified applicants–Issuance of license–Denial of application. If the secretary finds the applicant qualified to apply pesticides in the classifications for which the applicant applied, after such examinations as the secretary shall require by regulation, and if the applicant applying for a license to engage in aerial application of pesticides has met all the requirements […]
38-21-21. Licensure–Denial or non-issuance–Written explanation. If any applicator’s license is denied or not issued as applied for, the secretary shall inform the applicant in writing of the reasons for the denial or non-issuance. Source: SL 1974, ch 255, §9; SL 2020, ch 173, § 39.
38-21-22. Applicator’s license–Restrictions. The secretary may limit the license of any applicant to the use of certain pesticides, or to certain areas, or to certain types of equipment based upon the applicant’s qualifications. Source: SL 1974, ch 255, §9; SL 2020, ch 173, § 40.
38-21-23. Private applicator’s license–Requirement–Fee–Promulgation of rules–Penalty for violation. No private applicator may use any pesticide without a license and without first complying with the certification requirements determined by the secretary as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use. The secretary […]
38-21-23.1 . Private applicator’s license–Expiration. A private applicator’s license shall expire on the last day of February of the third year following the year of issuance unless the license is revoked before the expiration by the secretary, as provided for in §37-21-44. Source: SL 2020, ch 175, § 6.
38-21-24. Private and commercial applicators–Records–Promulgation of rules. The secretary may promulgate rules, pursuant to chapter 1-26, to require private and commercial applicators to maintain any pesticide application records the secretary determines are necessary. Source: SL 1974, ch 255, §23; SL 1986, ch 326, §45; SL 1991, ch 326, §5; SL 2020, ch 173, § 41.
38-21-33. Classes of certifications and licenses. The secretary may further classify or subclassify certifications to be issued under this chapter. The classifications may include soil fumigation, nonsoil fumigation, pest control operators, ornamental or agricultural pesticide applicators, and right-of-way pesticide applicators. Separate classifications may be specified as to ground, aerial, or manual methods used by any […]
38-21-33.1. Pesticide dealer–Unlicensed operation–Misdemeanor–Civil penalty. No person may act as a pesticide dealer or advertise as a pesticide dealer at any time without first obtaining a pesticide dealer’s license issued by the secretary. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section […]
38-21-33.2. Physicians, veterinarians, and pharmacists–Exemption. Any licensed physician, veterinarian, or pharmacist is exempt from the provisions of §38-21-33.1 if less than three percent of total sales is derived from the sale of pesticides. Source: SL 1975, ch 251, §4; SL 2020, ch 173, § 43.
38-21-33.3. Pesticide applicators and government agencies–Exemption. The provisions of §38-21-33.1 do not apply to any commercial pesticide applicator who sells pesticides only as an integral part of an application service if the pesticides are dispensed only through equipment used for pesticide application, or any federal, state, county, or municipal agency that provides pesticides only for […]
38-21-33.4. License required for outlets–Transitory locations prohibited. A pesticide dealer’s license is required for each location or outlet located within this state from which pesticides are distributed. A manufacturer, registrant, or distributor who has no location licensed within this state, but who distributes pesticides directly into this state shall obtain a pesticide dealer license for […]
