2011 South Dakota Code
Title 38 AGRICULTURE AND HORTICULTURE
Chapter 21. Agricultural Pesticide Application
§38-21-38 Personal farm use exempt.

38-21-38. Personal farm use exempt. The licensing requirements of this chapter do not apply to any person applying pesticides for himself or for his farmer neighbors either manually or with ground equipment if he operates farm property and maintains pesticide application equipment primarily for his own use, is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and does not publicly hold himself out as a pesticide applicator, and operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his farmer neighbors. However, certification is required if the person is using a pesticide other than restricted-use for purposes of producing any agricultural commodity amounting to greater than one thousand dollars gross sales potential per year or if restricted-use pesticides are used for the purposes of producing any agricultural commodity.

Source: SL 1974, ch 255, § 25; SL 1991, ch 326, § 13.