§ 4.1-33-13 — Unlawful acts and grounds for denial, suspension, or revocation of a certification

North Dakota § 4.1-33-13

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

Text

certification.
1. It is a violation of this chapter for a person to:
a. Make false or fraudulent claims through any media, misrepresenting the effect of
materials or methods to be utilized, or advertise a pesticide without reference to
its classification.
b. Make a pesticide recommendation, application, or use inconsistent with the
labeling or other restrictions prescribed by the board.
c. Apply materials known by that person to be ineffective or improper.
d. Operate faulty or unsafe equipment.
e. Operate in a faulty, careless, or negligent manner.
f. Neglect or, after notice, refuse to comply with this chapter, the rules adopted to
implement this chapter, or any lawful order of the commissioner.
g. Refuse or neglect to keep and maintain the records required by this chapter or to
make reports when and as required.
h. Make false or fraudulent records, invoices, or reports.
i. Apply pesticide to the property of another, without the permission of the owner or
lessee, unless the application is made under the direction of a governmental
entity.
j. Use fraud or misrepresentation in making an application for, or for renewal of,
certification.
k. Refuse or neglect to comply with any limitations or restrictions on or in a duly
issued certification.
l. Aid or abet a person to evade this chapter, conspire with a person to evade this
chapter, or allow the person's certification to be used by another person.
m. Knowingly make false statements during or after an inspection or an
investigation.
n. Impersonate a federal, state, county, or city inspector or official.
o. Distribute any restricted use pesticide to any person who is not properly certified
to use or purchase the pesticide.
p. Buy, use, or supervise the use of any pesticide without first complying with the
certification requirements of this chapter, unless otherwise exempted.
q. Apply any pesticide that is not registered under chapter 4.1-34.
2. A certification issued under this chapter may be denied, removed, or suspended if a
person:
a. Receives a criminal conviction under section 136l of the Federal Insecticide,
Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.];
b. Is subject to a final order imposing a civil penalty under section 136l of the
Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]; or
c. Is subject to a concluded enforcement action for a violation of state law or
regulation relating to pesticide use.