No person may perform any of the following acts without a commercial applicator's license issued by the secretary, unless exempt under the provisions of this chapter:

1. (1) Engage in the business of applying pesticides to the lands of another;
2. (2) Advertise as being in the business of applying pesticides to the lands of another at any time;
3. (3) Apply pesticides while in the performance of duties as a governmental employee; or
4. (4) Otherwise act as a commercial applicator.

The secretary shall require a fee of thirty-five dollars for each commercial applicator license issued. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Source: SL 1951, ch 112 , § 1; SL 1951, ch 113 , § 1; SL 1953, ch 93 , § 2; SDC Supp 1960, § 22.12B01 (1), (3); SDCL, §§ 38-21-1, 38-21-2; SL 1974, ch 255 , § 8; SL 1987, ch 287 , § 2; SL 1991, ch 326 , § 3; SL 2001, ch 215 , § 20; SL 2020, ch 175 , § 3.