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.
This amendment completely rewrites the bill to narrow its focus from removing knowledge and intent requirements across multiple pesticide violations to addressing only pesticide registration cancellation procedures and the secretary's authority to cancel registrations for non-compliance. The change substantially WEAKENS enforcement by eliminating proposed restrictions on the knowingly or willfully distributing adulterated, misbranded, or unregistered pesticides.
The amendment restructures the pesticide cancellation provision in § 38-20A-13 by clarifying that the secretary may cancel a pesticide's registration if it fails to comply with chapter provisions or is adulterated/misbranded, and removes redundant language about the hearing process. This change NARROWS and clarifies the secretary's cancellation authority by presenting the grounds as distinct conditions rather than combining compliance and adulteration into a single conditional clause.
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