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.
26.383.9 26.383.10 101st Legislative Session 1019 2026 South Dakota Legislature House Bill 1019 HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources Underscores indicate new language. Overstrikes indicate deleted language. An Act to remove knowledge and intent from certain actions involving revise provisions regarding pesticide laws. 1 laws. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 2 Section 1. That § 38-20A-13 be AMENDED: 4 3 38-20A-13. If The secretary may cancel the registration of a pesticide, subject to 4 a hearing under the provisions of chapter 1-26, if the secretary determines, based on the preponderance of evidence, 5 determines that a that the 5 registered pesticide or its labeling does does: 6 (1) Does not comply with the provisions of this 6 chapter or rules promulgated under 7 this chapter, 8 the secretary may cancel the registration 7 of that pesticide, subject to a hearing 9 under the provisions of chapter 1-26. 8 Section 2. That § 38-20A-26 be AMENDED: 9 38-20A-26. No person may knowingly 1-26; or willfully distribute, sell, or offer for sale 10 within this state any pesticide which that is (2) Is adulterated or misbranded, or any device misbranded. 11 which that is misbranded. 12 Section 3. That § 38-20A-27 be AMENDED: 13 38-20A-27. No person may knowingly or willfully distribute, sell, or offer for sale 14 within this state any: 15 (1) Any pesticide which that is not registered under the provisions of §§ 38-20A-4 to 16 38-20A-13, inclusive; or any 17 (2) Any pesticide, if any of the claims made or any of the directions for the pesticide's 18 use differ in substance from the representations made in connection with its 19 registration; or any 20 (3) Any pesticide, if the composition of the pesticide differs from the composition 21 represented in its registration. 22 26.383.9 2 1019 Underscores indicate new language. Overstrikes indicate deleted language. The secretary may allow a change in the labeling or formula of a pesticide within a 1 registration period without requiring reregistration of the pesticide. 2 Section 4. That § 38-20A-28 be AMENDED: 3 38-20A-28. No person may knowingly or willfully distribute, sell, or offer for sale 4 within this state any pesticide, unless it is in the registrant's or the manufacturer's 5 unbroken immediate container and there is affixed to the container, and to the outside 6 container or wrapper, if one exists, through which the ingredient statement on the 7 immediate container cannot be clearly read, a label bearing clearly and plainly the 8 information required in this chapter. 9