SDCL § 38-21-17: Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty.

No person may perform any of the following acts without a commercial applicator's license issued by the secretary, unless exempt under the provisions of this chapter:

(1) Engage in the business of applying pesticides to the lands of another;

(2) Advertise as being in the business of applying pesticides to the lands of another at any time;

(3) Apply pesticides while in the performance of duties as a governmental employee; or

(4) Otherwise act as a commercial applicator.

The secretary shall require a fee of thirty-five dollars for each commercial applicator license issued. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.