2011 South Dakota Code
Title 38 AGRICULTURE AND HORTICULTURE
Chapter 21. Agricultural Pesticide Application
§38-21-44 Suspension, denial, revocation, or modification of license or certification--Grounds--Penalty for violation--Action against violator.

38-21-44. Suspension, denial, revocation, or modification of license or certification--Grounds--Penalty for violation--Action against violator. The secretary of agriculture, pending inquiry and after opportunity for a hearing, pursuant to chapter 1-26, may deny, suspend, revoke, or modify any provision of any license or certification issued under this chapter, if he finds that the applicant or the holder of a license or certification has committed any of the following acts, each of which is declared to be a violation of this chapter:

(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;

(2) Made a pesticide recommendation or application inconsistent with the labeling or mixed, loaded, stored, transported, disposed, displayed, or handled a pesticide or pesticide container inconsistent with the product label or labeling. However, a deviation may include the loading and handling of the manufacturer's unbroken immediate container and provisions set forth in section 2(ee) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended through July 1, 1989;

(3) Applied known ineffective or improper materials;

(4) Operated faulty or unsafe equipment;

(5) Operated in a faulty, careless, or negligent manner;

(6) Neglected or, after notice, refused to comply with the provisions of this chapter, the rules adopted hereunder, or of any lawful order of the secretary;

(7) Refused or neglected to keep and maintain the records required by this chapter, or to make reports when and as required;

(8) Made false or fraudulent records, invoices, or reports;

(9) Engaged in the business of applying a pesticide on the lands of another without having such license or certification as may be required by this chapter;

(10) Used fraud or misrepresentation in making an application for, or renewal of, a license or certification;

(11) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or certification;

(12) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, conspired with such a licensed or an unlicensed person to evade the provisions of this chapter, or allowed one's license or certification to be used by another person;

(13) Made false or misleading statements to the secretary or his agents during an inspection or investigation conducted under the authority of this chapter;

(14) Impersonated any federal, state, county, or city inspector or official; or

(15) Fails to maintain the aerial requirements as stated in § 38-21-20.

In addition to the administrative sanctions available to the secretary of agriculture pursuant to this section, any licensed or nonlicensed, certified or noncertified person who commits any of the above-mentioned acts is guilty of a Class 2 misdemeanor and may be assessed a civil penalty not to exceed five thousand dollars per violation by the circuit court. The secretary of agriculture is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this section.

Source: SL 1951, ch 113, § 3; SL 1953, ch 93, § 2; SDC Supp 1960, § 22.12B07; SDCL, § 38-21-12; SL 1974, ch 255, § 16; SL 1986, ch 332, § 10; SL 1987, ch 287, § 8; SL 1990, ch 321; SL 1991, ch 326, § 17.