North Dakota Century Code Title 4.1. Agriculture § 4.1-33-01. Definitions

1. “Animal” means vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish.

2. “Antimicrobial pesticide” means a substance or mixture of substances intended for preventing, destroying, repelling, suppressing, or mitigating the growth of micro-organisms, including bacteria, viruses, and fungi on inanimate objects and surfaces.

3. “Applicator” means a person who applies a pesticide to land.

4. “Certified applicator” means an individual who is certified under this chapter to purchase or use a restricted use pesticide.

5. “Commercial applicator” means a person who, by contract or for hire, engages in the business of applying pesticides for compensation.

6. “Defoliant” means a substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission.

7. “Desiccant” means a substance or mixture of substances intended to artificially accelerate the drying of plant tissue.

8. “Device” means an instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than human and other than bacteria, virus, or other micro-organism on or in living humans or other living animals, but not including equipment used for the application of pesticides when sold separately from pesticide.

9. “Distribute” means to offer for sale, hold for sale, sell, barter, ship, deliver, or supply pesticides in the state.

10. “Environment” includes water, air, land, and all plants, humans, and other animals living there, and the interrelationships existing among them.

11. “Equipment” means a type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply a pesticide on land and anything that may be growing, inhabiting, or stored on or in that land. The term does not include a pressurized hand-held household apparatus used to apply a pesticide, or equipment or contrivance of which the individual who is applying the pesticide is the source of power or energy to make the pesticide application.

12. “Fungus” means a non-chlorophyll-bearing thallophytes, that is, a non-chlorophyll-bearing plant of a lower order than mosses and liverworts as, for example, rust, smut, mildew, mold, yeast, and bacteria, except fungus on or in living humans or other living animals, and except fungus on or in processed food, beverages, or pharmaceuticals.

13. “Insect” means one of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class of insecta, comprising six-legged, usually winged forms, and to other allied classes of arthropods for which members are wingless and usually have more than six legs.

14. “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of the pesticide or device's containers or wrappers.

15. “Labeling” means the label and other written, printed, or graphic matter:

16. “Land” means land and water areas, including airspace, and plants, animals, structures, buildings, contrivances, and machinery, appurtenant to or situated on land, fixed or mobile, including any used for transportation.

17. “Nematode” means an invertebrate animal of the phylum nemathelminthes, and class nematoda, i.e., unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts, may also be called nemas or eelworms.

18. “Pest” means an insect, rodent, nematode, fungus, or weed; or other form of terrestrial or aquatic plant or animal life, viruses, bacteria, or other micro-organism, except viruses, bacteria, or other micro-organisms on or in living humans or other living animals.

19. “Pesticide” means:

20. “Pesticide certification standards” means the requirements under title 40, Code of Federal Regulations, sections 171.101 through 171.107, as those sections existed on January 4, 2017.

21. “Pesticide dealer” means a person, other than a pesticide wholesaler, distributing pesticides.

22. “Plant regulator” means a substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or to otherwise alter the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

23. “Private applicator” means an individual who is required to be a certified applicator to buy or use a restricted use pesticide on property owned or rented by the applicator or the applicator's employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.

24. “Public applicator” means an applicator who applies pesticides, other than ready-to-use pesticides, as an employee of:

25. “Ready-to-use pesticide” means a pesticide other than a restricted use pesticide which is applied directly from its original container consistent with label directions, and includes aerosol spray cans, ready-to-use spray containers, bait packs, and other types of containers that do not require mixing or loading before application.

26. “Restricted use pesticide” means a pesticide formulation classified as restricted use by the United States environmental protection agency or the agriculture commissioner under section 4.1-34-06.

27. “Rinsate” means a diluted mixture of pesticide obtained from triple rinsing or pressure rinsing pesticide containers or from rinsing the inside and outside of spray equipment.

28. “Tank mix” means a pesticidal formulation used alone or in combination with another pesticide and mixed with a liquid carrier prior to application.

29. “Unreasonable adverse effects on the environment” means an unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

30. “Weed” means a plant that grows where not wanted.

31. “Wildlife” means living things that are not human, domesticated, or, as defined in this chapter, pests, including mammals, birds, and aquatic life.