(1) Criminal Penalty. Any person who wilfully violates the provisions of this chapter, including, but not limited to, working without the appropriate South Carolina Commercial Pesticide Applicator's License or South Carolina Pest Control Business License, is guilty of a misdemeanor and, upon conviction, shall be punished as follows:
(a) for a first offense, by a fine of not more than one hundred dollars or imprisonment for not more than thirty days;
(b) for a second offense, by a fine of not more than five hundred dollars or imprisonment for not more than sixty days;
(c) for a third or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than ninety days.
(2) Civil Penalty. In addition to a denial, suspension, revocation, or modification of a license or certificate or any other penalty as set forth in this chapter, an applicant, a holder of a license or certificate, or a person who receives compensation for making a pesticide application on property who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense. The provisions of this subsection do not apply to a homeowner who makes a pesticide application in his home in accordance with state and federal law.
HISTORY: 1975 (59) 284; 1979 Act No. 180 Section 12; 1989 Act No. 155, Section 3, eff June 6, 1989; 2017 Act No. 31 (S.570), Section 4, eff May 10, 2017.
Effect of Amendment
2017 Act No. 31, Section 4, in (1), substituted ", including, but not limited to, working without the appropriate South Carolina Commercial Pesticide Applicator's License or South Carolina Pest Control Business License, is" for "or regulations promulgated pursuant thereto shall be deemed", and made other nonsubstantive changes.
Structure South Carolina Code of Laws
Chapter 13 - Pesticide Control Act
Section 46-13-10. Short title; administration.
Section 46-13-20. Definitions.
Section 46-13-30. Duties delegated to Director.
Section 46-13-40. Registration of pesticides and devices.
Section 46-13-45. Pesticide registration fees; classes of fees.
Section 46-13-50. Licensing of pesticide dealers.
Section 46-13-55. Regulation of structural pest control activity.
Section 46-13-60. Standards for certification of pesticide applicators; applicators' licenses.
Section 46-13-70. Classification of certified applicators' licenses.
Section 46-13-80. Expiration and renewal of licenses.
Section 46-13-90. Denial, suspension, revocation, or modification of licenses and certificates.
Section 46-13-100. Financial responsibility required for commercial applicator's license.
Section 46-13-110. Reporting of accidents and incidents.
Section 46-13-120. Records as to use of restricted use pesticides.
Section 46-13-130. Reciprocity.
Section 46-13-140. Exemptions from licensing requirements.
Section 46-13-150. Pesticide advisory committee.
Section 46-13-160. Information and courses of instruction.
Section 46-13-170. Inspection of premises; legal actions; "stop sale, use, or removal" orders.
Section 46-13-175. Discretion to make pesticides available for minor uses.
Section 46-13-185. Prosecution of criminal violators; use of counsel.
Section 46-13-200. Adjudication of alleged violations; disposal of condemned pesticides or devices.
Section 46-13-210. Judicial review.
Section 46-13-220. Delegation of authority to employees of Clemson University.
Section 46-13-230. Disposition of fees.
Section 46-13-240. Federal, interstate, and intrastate cooperation.