North Dakota Code 4.1-33-03 – Pesticide control board to administer chapter and adopt rules
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 shall encompass all reasonable factors which the board deems necessary to prevent damage or injury by drift or misapplication to:
Terms Used In North Dakota Code 4.1-33-03
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
(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 this state, the 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. These standards and requirements must relate to the use and handling of pesticides. In determining these standards and requirements, the board shall take into consideration standards and requirements prescribed by the United States environmental protection agency.
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 Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. § 136 et seq.], the board may make reports to the United States environmental protection agency in the form and containing the information as that 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 when the board finds particular organisms to be annoying or otherwise injurious or harmful to agriculture, health, and the environment.