Except as otherwise provided for in this section, the department may require any applicator, not more than once in any five-year period, to furnish the department with a summary for the preceding year, which shall include the following information by county: crop, site, or commodity treated, pest treated, trade or brand name and common name of pesticide applied, the percent of or pounds of active ingredient per gallon, and total volume used. The secretary may require the information to be submitted more than once in a five-year period if circumstances require that the information is needed to protect the health and well-being of the residents of this state.

All summaries and information submitted to the department is confidential, unless that information is used by the department to compile an area or state-wide report of pesticide usage by applicators or is subpoenaed by a court of law.

The department may not issue a renewed license or allow a certification to be renewed if the commercial applicator applying for the license or certification has not submitted the requested summary for the preceding year.

Source: 1 SDR 65, effective March 27, 1975; 2 SDR 53, effective January 18, 1976; 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 37, effective October 8, 1986; SL 2003, ch 214, § 1, effective July 1, 2003 ; 47 SDR 59, effective December 2, 2020 .

General Authority: SDCL 38-21-51.

Law Implemented: SDCL 38-21-24 , 38-21-51 .

Prior versions effective: 2003-07-01.