HB 1019 clarifies the South Dakota Secretary of Agriculture's authority to cancel pesticide registrations by requiring a hearing process before doing so. The bill specifies that cancellations can occur when a pesticide doesn't comply with state pesticide laws or rules, or when the product is adulterated or misbranded.
This bill does not directly amend codified state law.
The amendment fundamentally redirects the bill from removing knowledge and intent requirements in pesticide enforcement to broadly revising pesticide law provisions, and then substantially narrows the actual changes by eliminating three sections that would have removed "knowingly or willfully" language from distribution and sale prohibitions, leaving only a technical amendment to pesticide registration cancellation procedures.
The amendment reorganized and clarified the language in South Dakota's pesticide registration cancellation statute by restructuring the conditional triggers into a numbered list format, making it clearer that the secretary may cancel registration if either the pesticide fails to comply with chapter provisions or is adulterated or misbranded. This change NARROWS the bill's scope by converting it from an engrossed committee version into a cleaner enrolled version without altering the substantive pesticide law requirements.
Signed by the Governor H.J. 452
Delivered to the Governor H.J. 400
Signed by the President S.J. 346
Signed by the Speaker H.J. 373
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 296
Agriculture and Natural Resources Certified uncontested, placed on consent S.J. 17
Agriculture and Natural Resources Do Pass Passed, YEAS 7, NAYS 0. S.J. 17
Agriculture and Natural Resources Scheduled for hearing
First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 170
House of Representatives Do Pass Amended Passed, YEAS 63, NAYS 2. H.J. 196
House of Representatives Remove from Consent Calendar H.J. 182
Agriculture and Natural Resources Certified uncontested, placed on consent H.J. 8
Agriculture and Natural Resources Do Pass Amended Passed, YEAS 12, NAYS 0. H.J. 9
Agriculture and Natural Resources Motion to amend H.J. 8
Agriculture and Natural Resources Scheduled for hearing H.J. 1
Agriculture and Natural Resources Scheduled for hearing H.J. 1
First read in House and referred to House Agriculture and Natural Resources H.J. 11
Do Pass Amended
Agriculture and Natural Resources — Do Pass
Do Pass Amended
Agriculture and Natural Resources — Do Pass Amended