For the purposes of this chapter, unless the context or subject matter otherwise requires:
1. "Active ingredient" means:
a. In the case of a pesticide other than a plant regulator, defoliant, or desiccant, any
ingredient that will prevent, destroy, repel, or mitigate pests.
b. In the case of a plant regulator, any ingredient that, through physiological action,
will accelerate or retard the rate of growth or rate of maturation or otherwise alter
the behavior of ornamental or crop plants or the product thereof.
c. In the case of a defoliant, any ingredient that will cause the leaves or foliage to
drop from a plant.
d. In the case of a desiccant, any ingredient that will artificially accelerate the drying
of plant tissue.
2. "Adulterated" applies to any pesticide if its strength or purity falls below the professed
standard or quality as expressed on labeling or under which it is sold, or if any
substance has been substituted wholly or in part for the pesticide, or if any valuable
constituent of the pesticide has been wholly or in part abstracted.
3. "Antidote" means the most practical immediate treatment in case of poisoning and
includes first-aid treatment.
4. "Commissioner" means the agriculture commissioner and includes any employee or
agent designated by the commissioner.
5. "Defoliant" means any substance or mixture of substances intended to cause the
leaves or foliage to drop from a plant with or without causing abscission.
6. "Desiccant" means any substance or mixture of substances intended to artificially
accelerate the drying of plant tissues.
7. "Device" means any instrument or contrivance intended for trapping, destroying,
repelling, or mitigating pests but does not include equipment used for the application of
pesticides when sold separately therefrom, or rodent traps.
8. "Environment" means air, water, land, and all plants and man and other animals living
therein and the interrelationships that exist among these.
9. "Federal Act" means the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C.
136 et seq.].
10. "Fungi" means all non-chlorophyll-bearing thallophytes, that is, all
non-chlorophyll-bearing plants of a lower order than mosses and liverworts, as, for
example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in
living humans or other animals, and those on or in processed food, beverages, or
pharmaceuticals.
11. "Fungicide" means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any fungi.
12. "Herbicide" means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any weed.
13. "Inert ingredient" means an ingredient that is not an active ingredient.
14. "Ingredient statement" means:
a. A statement of the name and percentage of each active ingredient, together with
the total percentage of the inert ingredients, in the pesticide; or
b. A statement of the name of all active ingredients in the order of their
predominance in the product, together with the name of each and total
percentage of any inert ingredients in the pesticide, except subdivision a applies if
the preparation is highly toxic to humans, determined as provided in section
4.1-34-06, and in addition to subsections 1 and 2 of section 4.1-34-06. If the
pesticide contains arsenic in any form, a statement must contain the percentages
of total and water-soluble arsenic, each calculated as elemental arsenic.
15. "Insect" means any of the numerous small invertebrate animals generally having the
body more or less obviously segmented, for the most part belonging to the class
insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs,
bees, flies, and to other allied classes of arthropods whose members are wingless and
usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and
wood lice.
16. "Insecticide" means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any insects that may be present in any environment.
17. "Label" means the written, printed, or graphic matter on, or attached to, the pesticide
or device, or any of its containers or wrappers.
18. "Labeling" means all labels and other written, printed, or graphic matter:
a. Upon the pesticide or device or any of its containers or wrappers;
b. Accompanying the pesticide or device at any time; or
c. To which reference is made on the label or in literature accompanying the
pesticide or device, except when accurate, nonmisleading reference is made to
current official publications of a state or federal agency, state agricultural
experiment station, or state agricultural college.
19. "Misbranded" applies:
a. To any pesticide or device if its labeling bears any statement, design, or graphic
representation relative to the pesticide or device or to its ingredients which is
false or misleading in any particular; and
b. To any pesticide:
(1) If the pesticide is an imitation of or is offered for sale under the name of
another pesticide;
(2) If the pesticide's labeling bears any reference to registration under this
chapter;
(3) If the labeling accompanying the pesticide does not contain directions for
use which are necessary and, if complied with, adequate to protect health
and the environment;
(4) If the label does not contain a warning or caution statement that may be
necessary and, if complied with, adequate to protect health and the
environment;
(5) If the label does not bear an ingredient statement on that part of the
immediate container and, if there is an outside container or wrapper, if the
outside container or wrapper does not have affixed a correct copy of the
required labeling information from the immediate container or does not
contain an opening through which the ingredient statement on the
immediate container can be clearly read, of the retail package that is
presented or displayed under customary conditions of purchase; except that
a pesticide is not misbranded under this subsection if:
(a) The size or form of the immediate container, or the outside container
or wrapper of the retail package, makes it impracticable to place the
ingredient statement on the part that is presented or displayed under
customary conditions of purchase; and
(b) The ingredient statement appears prominently on another part of the
immediate container, or outside container or wrapper, permitted by the
commissioner;
(6) The labeling does not contain a statement of the use classification under
which the product is registered if the product is a restricted use pesticide;
(7) There is no label information affixed to its container, and, if there is an
outside container or wrapper of the retail package, there is no label
information affixed to the outside container or wrapper and the outside
container or wrapper does not contain an opening through which the label
information on the immediate container can be clearly read. The label
information must include:
(a) The name and address of the producer, registrant, or person for whom
produced;
(b) The name, brand, or trademark under which the pesticide is sold; and
(c) The net weight or measure of the content;
(8) The pesticide contains any substance or substances in quantities highly
toxic to humans, unless the label bears, in addition to any other matter
required by this chapter:
(a) The skull and crossbones;
(b) The word "poison" prominently in red on a background of distinctly
contrasting color; and
(c) A statement of a first aid or other practical treatment in case of
poisoning by the pesticide;
(9) If any word, statement, or other information required under this chapter to
appear on the labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs, or
graphic matter in the labeling, and in such terms as to render it likely to be
read and understood by the ordinary individual under customary conditions
of purchase and use;
(10) If in the case of an insecticide, nematocide, fungicide, or herbicide, when
used as directed or in accordance with commonly recognized practice, it is
injurious to humans or vertebrate animals or vegetation, except weeds to
which it is applied, or to the individual applying the pesticide; or
(11) If a plant regulator, defoliant, or desiccant when used as directed is injurious
to humans or vertebrate animals, or the vegetation to which it is applied. The
physical or physiological effect on plants may not be deemed injurious when
this is the purpose for which the plant regulator, defoliant, or desiccant is
applied in accordance with label claims and recommendations.
20. "Nematocide" means any substance intended to prevent, destroy, repel, or mitigate
nematodes.
21. "Nematode" means any of the nonsegmented roundworms harmful to agricultural
plants.
22. "Person" means any individual, partnership, association, corporation, limited liability
company, or organized group of persons whether incorporated or not.
23. "Pest" means any insect, rodent, nematode, fungus, weed, or any other form of
terrestrial or aquatic plant or animal life, viruses, bacteria, or other micro-organisms
except viruses, bacteria, or other micro-organisms on or in living humans or animals.
24. "Pesticide" means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pests and any substance or mixture of
substances intended for use as a plant regulator, defoliant, or desiccant.
25. "Plant regulator" means any substance or mixture of substances intended, through
physiological action, to accelerate or retard the rate of growth or maturation, or to
otherwise alter the behavior of ornamental or crop plants or the produce thereof, but
does not include substances insofar as they are intended to be used as plant nutrients,
trace elements, nutritional chemicals, plant inoculants, or soil amendments. The term
"plant regulator" does not include any of such of those nutrient mixtures or soil
amendments as are commonly known as vitamin-hormone horticultural products,
intended for improvement, maintenance, survival, health, and propagation of plants,
and as are not for pest destruction and are nontoxic and nonpoisonous in the undiluted
packaged concentration.
26. "Protect health and environment" means protection against any unreasonable adverse
effects on the environment.
27. "Registrant" means the person registering any pesticide pursuant to this chapter.
28. "Restricted use pesticides" means any pesticide formulation that is classified for
restricted use by the United States environmental protection agency. The term also
includes a pesticide formulation classified for restricted use by the commissioner under
section 4.1-34-06.
29. "Rodenticide" means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating rodents or any other vertebrate animal that the
commissioner declares to be a pest.
30. "Snails" or "slugs" includes all harmful agricultural mollusks.
31. "Unreasonable adverse effects on the environment" means any unreasonable risk to
humans or the environment, taking into account the economic, social, and
environmental costs and benefits of the use of any pesticide.
32. "Weed" means any plant that grows where not wanted.