ENTITLED An Act to modify expiration dates and enforcement actions pertaining to pesticide applicator licenses.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   38-21-14 be AMENDED:

38-21-14. Terms used in this chapter mean:

(1) "Animals," all vertebrate and invertebrate species, including humans;

(2) "Bulk pesticide," any volume of a pesticide, which is transported or held in an immediate reusable container, in undivided quantities greater than one hundred pounds net dry weight or fifty-five United States gallons liquid measure, provided the term does not include pesticides that are in the custody of the ultimate user and are fully prepared for use by the user;

(3) "Bulk pesticide storage facility," any area, location, tract of land, building, structure, or premises, constructed in accordance with rules promulgated by the secretary, pursuant to chapter 1-26, for the storage of bulk pesticides;

(4) "Certified applicator," any individual who is certified under this chapter to use any pesticide;

(5) "Commercial applicator," a certified applicator, eighteen years of age or older, who uses pesticide, on any property, other than as a private applicator;

(6) "Defoliant," any substance or mixture of substances intended to cause the leaves or foliage of a plant to drop, with or without causing abscission;

(7) "Desiccant," any substance or mixture of substances intended to artificially accelerate the drying of plant tissue;

(8) "Device," any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects, or for destroying, repelling, or mitigating fungi, weeds, rodents, or any other pests designated by the secretary, but not including:

(a) Equipment used for the application of pesticides, if sold separately; and

(b) Rodent traps;

(9) "Environment," water, air, land, and all plants and animals living therein, and the interrelationships that exist among them;

(10) "Equipment," any ground, water, or aerial equipment, or any device that uses motorized, mechanical, or pressurized power to apply pesticide, but not including a pressurized, hand-sized, household device that requires the person applying the pesticide to be the source of power or energy to make the pesticide application;

(11) "Fungus," any nonchlorophyll-bearing thallophyte, except those on or in processed food, beverages, or pharmaceuticals, or those on or in living animals;

(12) "Insect," any small invertebrate animal belonging to the class insecta or to other allied classes of arthropods;

(13) "Labeling," any written, printed, or graphic matter:

(a) That is on the pesticide or device, or on any of its containers or wrappers;

(b) That accompanies the pesticide or device, at any time; or

(c) To which reference is made in literature that accompanies the pesticide or device, except for accurate, nonmisleading references to current publications of any government institution or agency of the United States, or of this or any other state, authorized by law to conduct research in the field of pesticides;

(14) "Land," all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation;

(15) "Pesticide dealer," any entity that distributes restricted-use pesticides, or pesticides that are restricted in use or distribution by regulation;

(16) "Nematode," any invertebrate animal of the phylum ne-mathel-minthes or nematoda;

(17) "Pest," any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in a living human or other living animal, which the secretary declares to be a pest;

(18) "Pesticide," any substance or mixture of substances intended to:

(a) Prevent, destroy, repel, or mitigate any pest;

(b) Be used as a plant regulator, defoliant, or desiccant; or

(c) Be used as a spray adjuvant;

(19) "Plant regulator," any substance or mixture of substances, intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants, or the produce thereof, but not including substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments;

(20) "Private applicator," a certified applicator, eighteen years of age or older, who:

(a) Uses any pesticide, other than a restricted-use pesticide, for purposes of producing any agricultural commodity amounting to greater than one thousand dollars gross sales potential per year, on property owned or rented by the private applicator or the private applicator's employer;

(b) Uses any restricted-use pesticide for the purpose of producing any agricultural commodity on property owned or rented by the private applicator or the private applicator's employer;

(c) Applies any pesticide on the property of another, without compensation, other than the trading of personal services between producers of agricultural commodities; or

(d) Is not regularly in the business of applying pesticides for hire, as a principal or regular occupation, and is not held out to the public as a commercial applicator;

(21) "Registrant," the person registering any pesticide in accordance with this chapter;

(22) "Restricted-use pesticide," any pesticide classified as a restricted-use pesticide by the secretary;

(23) "Rinsate," any solution containing pesticide residue, which is generated from the washing or flushing of pesticide containers and pesticide equipment;

(24) "Secretary," the secretary of the Department of Agriculture and Natural Resources;

(25) "Spray adjuvant," any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent, intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the pesticide with which it is to be used;

(26) "Unreasonable adverse effects on the environment," any unreasonable risk to humans or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide; and

(27) "Weed," any plant which grows where not wanted.

Section 2. That   38-21-17.1 be AMENDED:

38-21-17.1. A commercial applicator's license expires on March thirty-first of the second year following the year of issuance, unless the license is revoked before the expiration, by the secretary, as provided for in   38-21-44.

Section 3. That   38-21-23.1 be AMENDED:

38-21-23.1. A private applicator's license expires on March thirty-first of the third year following the year of issuance, unless the license is revoked before the expiration, by the secretary, as provided for in   37-21-44.

Section 4. That   38-21-33.9 be AMENDED:

38-21-33.9. A pesticide dealer's license expires on March thirty-first of the second year following the year of issuance, unless the license is revoked before the expiration, by the secretary, as provided for in   38-21-44.

Section 5. That   38-21-44 be AMENDED:

38-21-44. The secretary, pending examination and after notice and opportunity for a hearing, pursuant to chapter 1-26, may suspend, revoke, deny, or modify any provision of any license issued under this chapter and held by the violator, if the secretary finds that the holder or applicant 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, provided a deviation may include:

(a) The loading and handling of the manufacturer's unbroken immediate container; and

(b) Actions permitted under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.   136(ee), as amended through January 1, 2023;

(3) Applied known ineffective or improper materials;

(4) Operated faulty or unsafe equipment;

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