Sections 38-21-40, 38-21-41 - Certification required for use of restricted-use pesticides--Restrictions--Criteria--Penalty for violation. Reciprocal waiver of examinations - South Dakota Statutes

38-21-40. Certification required for use of restricted-use pesticides--Restrictions--Criteria--Penalty for violation. No person may use any restricted-use pesticide without that person first complying with the certification requirements of this chapter or such other restrictions as may be determined by the secretary of agriculture, pursuant to § 38-21-39, as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use. In determining restrictions, the secretary shall, pursuant to § 38-21-39, consider the characteristics of the pesticide formulation such as the acute dermal inhalation toxicity; the persistence, mobility, and susceptibility to biological concentration; the use experience which may reflect an inherent misuse of an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards of patterns of use such as granular soil applications, ultra-low volume or dust aerial applications, or air blast sprayer applications; and the extent of the intended use. Any person using restricted-use pesticides without complying with the certification requirements of this section is subject to a civil penalty not to exceed five thousand dollars per violation.

Source: SL 1974, ch 255, § 7; SL 1987, ch 287, § 7.