When a procurement has as its purpose the purchase of a chemical substance (includes, but is not limited to, herbicides, pesticides, fertilizer, cleaning supplies, paint, solvents and toners) the bidder maybe required to submit the Manufacturer's Safety Data Sheet (MSDS). The MSDS is required with the initial delivery of each product and must be maintained on file by the agencies. Substitution of a product requires a new MSDS. Any person wishing to sell pesticides within the State of South Dakota must register with the SD Department of Agriculture and Natural Resources in accordance with SDCL 38-20A-4. A pesticide is defined as “…any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant”. Broadly defined, a pesticide is any agent used to kill or control undesired insects, weeds, rodents, fungi, bacteria, or other organisms
