(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.