38-21-33.5. Pesticide dealer’s license–Fee–Form of application. An application for a pesticide dealer’s license shall be accompanied by a seventy-five dollar license fee and shall be on a form prescribed by the secretary. Source: SL 1975, ch 251, §5; SL 2001, ch 215, §23; SL 2020, ch 175, § 8.
38-21-33.6. Denial, suspension, or revocation of dealer’s license–Hearing. A pesticide dealer’s license is subject to denial, suspension, or revocation after a hearing, pursuant to chapter 1-26, for any violation of this chapter if the violation was committed by the dealer, or by the dealer’s officer, agent, or employee. Source: SL 1975, ch 251, §8; SL […]
38-21-33.8. Pesticide dealer–Exemption. Any person holding a pesticide dealer’s license pursuant to §38-21-33.1 is exempt from purchasing a poison license for any pesticide listed as a poison under chapter 34-20 and from maintaining a poison register as required in §§34-20-4 and 34-20-5. Source: SL 1986, ch 282; SL 2020, ch 173, § 47.
38-21-33.9 . Pesticide dealer’s license–Expiration. A pesticide dealer’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 for in § 38-21-44 . Source: SL 2020, ch 175, § 9.
38-21-34. Applicator’s license–Limitations. No applicator may hold more than one applicator’s license simultaneously. Any private applicator’s license held by a commercial applicator shall become invalid upon issuance of a commercial applicator’s license by the secretary. Source: SL 1955, ch 73; SDC Supp 1960, §22.12B05; SDCL, §38-21-10; SL 1974, ch 255, §5; SL 2020, ch 174, […]
38-21-35. Veterinarians –Exemption. The licensing requirements of this chapter do not apply to a licensed veterinarian applying pesticides other than restricted-use pesticides to animals during the normal course of the veterinarian’s practice if the veterinarian is not principally or regularly engaged in the business of applying pesticides and is not publicly identified as a pesticide […]
38-21-36. Research applications under laboratory conditions exempt. The licensing requirements of this chapter shall not apply to research personnel applying pesticides under laboratory conditions. Source: SL 1974, ch 255, §28; SL 1976, ch 245, §5.
38-21-37. Application without compensation–Exemption. The licensing requirements of this chapter do not apply to any person using hand-powered equipment to apply pesticides, other than restricted-use pesticides, to lawns, or to ornamental shrubs and trees not in excess of twelve feet high, if applied without compensation. Source: SL 1974, ch 255, §26; SL 1991, ch 326, […]
38-21-39. Restricted-use pesticide classifications–Promulgation of rules. For the purpose of uniformity and in order to enter into cooperative agreements, the secretary may promulgate rules, pursuant to chapter 1-26, adopting restricted-use pesticides classifications as determined by the federal Environmental Protection Agency, to determine state restricted-use pesticides, to restrict the use of certain pesticides, or to disallow […]
38-21-39.1. Unlicensed sale of restricted-use pesticide–Misdemeanor–Civil penalty. No person without a pesticide dealer’s license issued by the secretary under the provisions of this chapter may sell any restricted-use pesticide to any person. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is […]
38-21-39.2. Sale of restricted-use pesticide to unlicensed person–Misdemeanor–Civil penalty. No pesticide dealer may sell a restricted-use pesticide to any person who is not licensed under this chapter. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty […]
38-21-39.3. Unlicensed buying of restricted-use pesticide–Misdemeanor–Civil penalty. No person without a license issued under this chapter may buy any restricted-use pesticide. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars […]
38-21-40. Restricted-use pesticides–Licensure required–Restrictions–Criteria–Penalty. No person may use any restricted-use pesticide without that person first complying with the licensing requirements of this chapter and any other restrictions as may be determined by the secretary, pursuant to §38-21-39, as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, […]
38-21-41. Reciprocal waiver of examinations. The secretary may waive any examination requirement under any provision of this chapter on a reciprocal basis with any other state which has substantially the same standards. Source: SL 1974, ch 255, §24; SL 2020, ch 173, § 54.
38-21-42. Renewal of license–Requirements–Exceptions. Any person holding a current valid license may renew the license for the next biennium without taking another examination unless the secretary determines that additional knowledge related to classifications for which the applicant has applied makes a new examination necessary or if additional demonstration of qualifications is determined necessary for a […]
38-21-44. Suspension, revocation, or modification of license–Grounds–Violation as misdemeanor–Civil penalty. The secretary, pending examination and after notice and opportunity for a hearing pursuant to chapter 1-26, may suspend, revoke, or modify any provision of any license issued under this chapter and held by the violator, if the secretary finds that the holder of any license […]
38-21-44.1. Contemplated criminal proceedings–Notice–Opportunity to present views–Referral to state’s attorney. If it appears from an examination pursuant to this chapter that there has been a violation of this chapter, and the secretary contemplates a referral to the state’s attorney for criminal proceedings against a person, the secretary shall notify that person in writing. A person […]
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 […]
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.
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 […]
