5-36-8. UNLAWFUL ACTS.

Any person who has committed any of the following acts is subject to penalties provided in Section 5-36-10 of this Code:

1. Made false or fraudulent claims through any media, misrepresenting the effect of pesticide or methods to be utilized;
2. Made a pesticide recommendation or application inconsistent with the labeling registered with EPA, the Secretary of South Dakota Department of Agriculture, or the Department of Natural Resources/Land Management Committee, for that pesticide, or in violation of EPA’s, the Secretary’s, or the Committee’s restrictions on the use of that pesticide;
3. Operate faulty or unsafe pesticide application equipment;
4. Operate pesticide equipment in a faulty, careless, or negligent manner;
5. Neglected, or after notice, refused to comply with the provision of this Code or to any lawful order of the Committee;
6. Refused or neglected to keep and maintain the records required by this Code or to make reports when and as required;
7. Made false or fraudulent records, invoices, or reports;
8. Used, or supervised the use of a pesticide which is restricted to use by “certified applicators” without having qualified as a certified applicator; or without working under the direct supervision of a certified applicator as described in Section 5-36-5 (E) of this Code;
9. Used fraud or misrepresentation in making applications for or renewal of certification;
10. Refusal or neglected to comply with any limitations or restrictions on or in a duly issued certification;
11. Used or caused to be used any pesticide in a manner inconsistent with its labeling or codes by the Committee if these codes further restrict the uses provided on the labeling;
12. Aided or abetted a certified or uncertified person to evade the provisions of this Code; conspired with a certified or an uncertified person to evade the provisions of this code; or allowed one’s certification to be used by another person;
13. Made false or misleading statements during an inspection concerning any infestation or infection of pests found on land;
14. Impersonated any Federal, State, County, Tribal or other governmental official;
15. Distributed any pesticide labeled for restricted use to any person unless such person or his agent has a valid certification to use, supervise the use of, or distribute, restricted use pesticides;
16. Manufactured any restricted use pesticides or distributed any improperly labeled or unlabeled restricted use pesticides;
17. Applied pesticides onto any land without consent of the owner or person in possession thereof; except, for governmental agencies which must abate a public health problem; or
18. Applied pesticides known to be harmful to honeybees on blossoming crops on which bees are working during the period between two (2) hours after sunrise and two (2) hours before sunset; except, on property owned or operated by the applicator.