38-20A-1. Definition of terms. Terms used in this chapter, unless the context otherwise plainly requires, mean:

(1) "Active ingredient," any ingredient which prevents, destroys, repeals, or mitigates insects, fungi, rodents, weeds, or other pests;

(2) "Antidote," the most practical immediate treatment in case of poisoning, including first-aid treatment;

(3) "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 U.S. gallons liquid measure. This does not include pesticides which are in the custody of the ultimate user and are fully prepared for use by him;

(4) "Device," any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or for destroying, repelling, or mitigating fungi, weeds, rodents, or such other pests as designated by the secretary, but not including equipment used for the application of pesticides when sold separately and not including rodent traps;

(5) "Fungi," all nonchlorophyll-bearing thallophytes of a lower order than mosses and liverworts, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals;

(6) "Fungicide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi;

(7) "Herbicide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed;

(8) "Inert ingredient," an ingredient which is not an active ingredient;

(9) "Ingredient statement," a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in a pesticide. However, in the case of every pesticide containing arsenic in any form, the ingredient statement shall show, in addition to other required information, the percentages of total arsenic and of water-soluble arsenic, each expressed in terms of elemental arsenic;

(10) "Insect," any of the numerous small invertebrate animals generally having the body more or less obviously segmented, belonging to the class insecta, comprising six-legged usually winged forms, for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and wood lice;

(11) "Insecticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment;

(12) "Label," the written, printed, or graphic matter on, or attached to, the pesticide or device, or the immediate container and the outside container or wrapper of the retail package;

(13) "Labeling," all labels and other written, printed, or graphic matter:

(a) On the pesticide or device or any of its containers or wrappers;

(b) Accompanying the pesticide or device at any time; or

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

(14) "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 living man or other living animals, which the secretary declares to be a pest;

(15) "Pesticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;

(16) "Registrant," the person registering any pesticide pursuant to the provisions of this chapter;

(17) "Rodenticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the secretary declares to be a pest;

(18) "Secretary," the secretary of agriculture;

(19) "Waste pesticide," any pesticide formulation that cannot be used according to label directions because of cancellation or suspension of its federal registration or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because the pesticide is not stored in its original container; and

(20) "Weed," any plant which grows where not wanted.Source: SL 1943, ch 88, § 1; SL 1947, ch 99, § 2; SL 1955, ch 69; SDC Supp 1960, § 22.12A02; SDCL, § 39-19-1; SL 1983, ch 281, § 1; SL 1986, ch 332, § 2; SL 1992, ch 282, § 3.