Section 38-20A-4 - Biennial registration required for sale or distribution of pesticide--Contents ofapplication--Fees.
38-20A-4. Biennial registration required for sale or distribution of pesticide--Contents of application--Fees. Before any person whose name or brand name appears on a pesticide may distribute, sell, or offer for sale or distribution in this state any pesticide, the person shall file with the secretary of agriculture an application for the registration of the pesticide. Each application shall include the following:
(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant;
(2) The name of the pesticide;
(3) One complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use;
(4) If requested by the secretary, efficacy, toxicity, residue, and any other data necessary to determine if the pesticide will perform its intended function without unreasonable adverse effects on the environment;
(5) The classification or lack of classification and general use or restricted use of the pesticide; and
(6) A biennial application fee of three hundred dollars. Beginning July 1, 2010, the biennial application fee is two hundred forty dollars.
Each registration is valid for a two-year period and expires on the alternate June thirtieth. The registration may not be transferred. A fee equal to fifty percent of the application fee shall be applied to any late renewal.
If a pesticide has not been manufactured or distributed for two years, or is no longer available for use due to a cancellation or suspension order of the United States Environmental Protection Agency, it is not subject to registration requirements.
Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (1); SDCL § 39-19-4; SL 1983, ch 281, § 2; SL 1998, ch 247, § 1; SL 2008, ch 208, § 1, eff. Mar. 13, 2008.