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North Dakota Century Code Title 4.1. Agriculture § 4.1-33-03. Pesticide control board to administer chapter and adopt rules

Current as of January 01, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - North Dakota Century Code Title 4.1. Agriculture § 4.1-33-03. Pesticide control board to administer chapter and adopt rules - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-4-1-agriculture/nd-cent-code-sect-4-1-33-03/

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