§ 38-21-17 — Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty.

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

Legislative History

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.