Pesticide bill in South Dakota would tighten pesticide licensing, moves to House floor on do-pass recommendation

A bill that provides a comprehensive update of South Dakota’s pesticide statutes has passed through the House Agriculture and Natural Resources Committee on a do-pass recommendation.
 

 

Senate Bill 22 revises certain provisions regarding pesticide registration, pesticide application and enforcement of pesticide laws. Licensed applicators could have their license revoked, suspended or modified if they are found to have committed acts that are in violation of state law.

 

That includes, under the proposed legislation, acts such as transporting, storing, using, disposing of or handling any pesticide, pesticide container, rinsate, or application equipment in a manner as to endanger or cause injury to humans, vegetation, crops, livestock, wildlife or beneficial insects or to pollute groundwater or surface water.

 

The bill would also tighten pesticide licensing.

 

Any private applicator license will become invalid upon the issuance of a commercial applicators license under the proposed legislation.

 

Personal farm use of pesticides would no longer be exempt from licensing requirements as the bill would repeal the personal farm use section in state law.

 

Taya Runyan, with the South Dakota Department of Agriculture, said the state enforces and regulates pesticide use and applicator licenses through a cooperative agreement with the Environmental Protection Agency.

 

“Any person may report damage from the use of a pesticide or any alleged pesticide incident to the secretary on a form provided by the secretary, with a written statement, within thirty days after the date the damage was observed or the incident occurred. Any person alleging damage shall permit the secretary to inspect, during reasonable hours, the lands where the alleged damage or incident occurred, or any organism is alleged to have been damaged,” the bill language states.

 

Runyan said that the form would be available online and would be given out to the person making a complaint.

 

Runyan said another major change is the result of the department’s licensing initiative.

 

Currently, she said applicators can hold multiple licenses at one time which presents difficulty if the department is unable to revoke all the person’s licenses if they are found guilty of a violation.

 

Applicators would only be able to hold one license, but a commercial license applicator’s license would still allow an individual to make private applications.

 

The bill will now go to the House floor for consideration.