2021 South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 21 - Agricultural Pesticide Application
Section 38-21-17 - Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty.
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 to the lands of another at any time;
(3)Apply pesticides while in the performance of duties as a governmental employee; or
(4)Otherwise act as a commercial applicator.
The secretary shall require a fee of thirty-five dollars for each commercial applicator license issued. 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 per violation imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.
Source: SL 1951, ch 112, §1; SL 1951, ch 113, §1; SL 1953, ch 93, §2; SDC Supp 1960, §22.12B01 (1), (3); SDCL, §§38-21-1, 38-21-2; SL 1974, ch 255, §8; SL 1987, ch 287, §2; SL 1991, ch 326, §3; SL 2001, ch 215, §20; SL 2020, ch 175, § 3.
