5-36-4. CATEGORIZATION OF COMMERCIAL APPLICATORS.

Commercial applicators shall be classified as commercial applicators or private applicators according to the definition shown in 5-36-1 D of this code.

1. Categories.
   1. Agricultural Pest Control:
      1. Plant. This category includes commercial applicators using or supervising the use of restricted use pesticides in production of agricultural crops, including without limiting the foregoing, tobacco, peanuts, cotton, feed grains, soybeans and forage; vegetables, small fruit, tree fruits and nuts, as well as on grasslands and non-crop agricultural land.
      2. Animal. This category includes commercial applicators using or supervising the use of restricted use pesticides on animals, including without limiting the foregoing, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry and livestock, and to places on or in which animals are confined.
         Doctors of Veterinary Medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large-scale use of pesticides are included in this category.
   2. Forest Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides in forests, forest nurseries, and forest seed producing areas.
   3. Ornamental and Turf Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers and turf.
   4. Seed Treatment. This category includes commercial applicators using or supervising the use of restricted use pesticides on seeds.
   5. Aquatic Pest Control. This category includes commercial applicators using or supervising the use of any restricted use pesticides purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in category 8 below.
      
   6. Right-of-Way Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way or other similar areas.
      
   7. Industrial, Institutional, Structural and Health Related Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides in, on, or around food handling establishments, human dwellings, institutions, such as schools and hospitals, industrial establishments, including warehouses and grain elevators, and any other structures and adjacent areas, public or private; and for the protection of stored, processed, or manufactured products.
   8. Public Health Pest Control. This category includes State, Federal, Tribal or other government employee, using or supervising the use of restricted use pesticides in public health programs for the management and control of pests having medical and public health importance.
   9. Regulatory Pest Control. This category includes State, Federal, Tribal or governmental employees who use or supervise the use of restricted use pesticides in the control of regulated pests.
   10. Research and Demonstration Pest Control. This category includes: (1) individuals who demonstrate to the public the proper use and techniques of application of restricted use pesticides or supervise such demonstration, and (2) persons conducting field research with pesticides, and in doing so, use or supervising the use of restricted use pesticides.
       Included in the first group are such persons as extension specialists and county agents, commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs.
       The second group includes; State, Federal, Tribal, Commercial and other persons conducting field research on or utilizing restricted use pesticides.
   11. Rodent, Predator, and Bird Pest Control. This category includes commercial applicators using or supervising the use of any restricted use pesticides in the control of rodents, predators, or birds. All commercial applicators are further subcategories according to the types of pesticides they apply. These subcategories are:
       1. Herbicides, desicants, defoliants, and plant regulators.
       2. Insecticides, attractants, and repellents.
       3. Piscicides.
       4. Rodenticides, predacides, and avicides.
       5. Fungicides and nematicides.
       6. Disinfectants and germicides.

All federal applicators who apply pesticides via aircraft must comply with all applicable Federal regulations administered by the State of South Dakota and special provisions set forth by the Committee.