§ 4.1-34-09 — Exemptions

1. The penalties provided for violations of section 4.1-34-02 do not apply to:
a. A carrier while lawfully engaged in transporting a pesticide within this state, if the
carrier, upon request, permits the commissioner to copy all records showing the
transactions in and movement of the articles.
b. A public official of this state or the federal government engaged in the
performance of official duties.
c. The manufacturer or shipper of a pesticide for experimental use only:
(1) By or under the supervision of an agency of this state or of the federal
government authorized by law to conduct research in the field of pesticides;
or
(2) By others if the pesticide is not sold and if the pesticide container is plainly
and conspicuously marked "For experimental use only - Not to be sold",
together with the manufacturer's name and address.
c. A person using, distributing, selling, or offering for sale an unregistered pesticide
for which the United States environmental protection agency has granted an

emergency exemption for at least one use in North Dakota under section 18 of
the federal Act.
2. An article may not be deemed in violation of this chapter when intended solely for
export to a foreign country and when prepared or packed according to the
specifications or directions of the purchaser. If not so exported, all the provisions of
this chapter apply.