§ 4.1-33-03 — Pesticide control board to administer chapter and adopt rules

North Dakota § 4.1-33-03

• Jurisdiction: North Dakota
• Title 4.1: Agriculture
• Ch. 4.1-33: Pesticide Control

Text

1. a. The pesticide control board shall administer this chapter and may adopt rules
under chapter 28-32 to implement this chapter. The rules may prescribe methods
to be used in the application of pesticides. The rules may relate to the time, place,
manner, methods, materials, and amounts and concentrations, in connection with
the application of the pesticide, and may restrict or prohibit use of pesticides in
designated areas during specified periods of time and must encompass all
reasonable factors that the board deems necessary to prevent damage or injury
by drift or misapplication to:
(1) Plants, including forage plants, on adjacent or nearby lands.
(2) Wildlife in the adjoining or nearby areas.
(3) Fish and other aquatic life in waters in proximity to the area to be treated.
(4) Persons, animals, or beneficial insects.
b. In adopting rules, the board shall give consideration to pertinent research findings
and recommendations of other agencies of the state, federal government, or
other reliable sources.
2. In adopting rules under this chapter, the board shall prescribe standards and
requirements for the certification of applicators of pesticides. The standards and
requirements must relate to the use and handling of pesticides. In determining the
standards and requirements, the board shall adopt standards and requirements
prescribed by the United States environmental protection agency in the pesticide
certification standards.
3. Rules adopted under this chapter may not permit any pesticide use that is prohibited
by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.] or
regulations or orders issued thereunder.
4. To comply with the pesticide certification standards and the Federal Insecticide,
Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], the board shall make reports to
the United States environmental protection agency in the form and containing the
information as the agency requires.
5. Rules to implement this chapter may provide for:
a. The collection, examination, and reporting of samples of pesticides.
b. The safe handling, transportation, storage, display, distribution, and disposal of
pesticides and pesticides containers.
c. The identification of pests under this chapter if the board finds particular
organisms to be annoying or otherwise injurious or harmful to agriculture, health,
and the environment.