38-20A-4. Annual registration required for sale or distribution of pesticide--Contents of application--Fees--Cancellation. Before any person whose name or brand name appears on a pesticide may distribute, sell, or offer for sale or distribution in this state any pesticide, the person shall file with the secretary of agriculture an application for the registration of the pesticide. Each application shall include the following:

(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant;

(2) The name of the pesticide;

(3) One complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use;

(4) If requested by the secretary, efficacy, toxicity, residue, and any other data necessary to determine if the pesticide will perform its intended function without unreasonable adverse effects on the environment;

(5) The classification or lack of classification and general use or restricted use of the pesticide; and

(6) An annual application fee of one hundred twenty dollars.

Each registration is valid for one year and expires on June thirtieth. The registration may not be transferred. A fee equal to fifty percent of the application fee shall be applied to any late renewal. Each pesticide application fee is nonrefundable.

If a pesticide is no longer available for use due to a cancellation or suspension order of the United States Environmental Protection Agency, it is not subject to registration requirements. If the holder of a pesticide registration cancels the registration, the pesticide shall complete a two-year discontinuance period. During the discontinuance period, the annual application fee shall be paid.

Source: SL 1947, ch 99, § 5; SDC Supp 1960, § 22.12A05 (1); SDCL § 39-19-4; SL 1983, ch 281, § 2; SL 1998, ch 247, § 1; SL 2008, ch 208, § 1, eff. Mar. 13, 2008; SL 2018, ch 243, § 1.