2023 South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 20A - Pesticides
Section 38-20A-41 - Stop-sale order on pesticide or device in violation--Attachment to pesticide--Notice--Effect of order.

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 adopted under this chapter, the secretary may issue and serve a written "stop-sale" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available for service of the order, the order may be attached to the pesticide or device and the secretary shall notify the owner or custodian and the registrant. The pesticide or device may not be sold or used, and the stop-sale order may not be removed until the pesticide or device meets the provisions of this chapter and is released by written order under conditions specified by the secretary or the violation is otherwise rectified as provided in this chapter.

Source: SL 1977, ch 318; SL 1983, ch 281, §34; SL 2020, ch 173, § 25.

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