The bill amends several sections of South Dakota's pesticide laws to remove the requirement of knowledge and intent in certain violations. Specifically, it modifies Section 38-20A-26 and Section 38-20A-27 by deleting the phrases "knowingly or willfully," thereby allowing for enforcement actions against individuals who distribute, sell, or offer for sale adulterated or misbranded pesticides without needing to prove intent. Additionally, the bill introduces new language in Section 38-20A-27 that expands the criteria for prohibited actions regarding pesticides, including those that are not registered, differ in claims or directions from their registration, or have a composition that differs from what was represented.

Furthermore, the bill amends Section 38-20A-13 to clarify that the Secretary of Agriculture can cancel pesticide registrations based on a preponderance of evidence rather than requiring proof of intent. It also updates Section 38-20A-28 to ensure that pesticides are sold in their original containers with proper labeling, enhancing consumer safety and compliance with the law. Overall, these changes aim to streamline enforcement and improve regulatory oversight of pesticide distribution in South Dakota.

Statutes affected:
Introduced, 12/26/2025: 38-20A-13, 38-20A-26, 38-20A-27, 38-20A-28