North Dakota Code 4.1-33-21 – Enforcement
1. The commissioner shall enforce the requirements of this chapter and any rules adopted under this chapter.
Terms Used In North Dakota Code 4.1-33-21
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. The commissioner may bring an action to enjoin the violation or threatened violation of this chapter, or any rule adopted under this chapter, in the district court of the county in which the violation occurs or is about to occur.
3. If any person violates this chapter, the commissioner may issue an order requiring the person to cease and desist from the unlawful activity. If the violator fails to obey, the commissioner shall cause the appropriate criminal complaint to be filed.
4. The commissioner may enter upon any public or private premises at reasonable times, to:
a. Inspect any equipment subject to this chapter and the premises on which the equipment is stored or used.
b. Inspect or sample lands actually or reported to be exposed to pesticides. c. Inspect storage or disposal areas.
d. Inspect or investigate complaints of injury to humans or land.
e. Draw samples of a reasonable amount of tank mix pesticides and tank mixes without compensation to the owner for values less than three dollars.
f. Observe the use and application of a pesticide.
g. Inspect any place where pesticides or devices are stored or held for distribution, sale, or use, and obtain samples of any pesticides packaged, labeled, and released for shipment and samples of any containers or labeling for the pesticides.
5. a. At any reasonable time, the commissioner may access records pertaining to the pesticide application, sales, purchases, and repackaging by any person. The commissioner may copy or make copies of the records for the purpose of this chapter. These records are confidential. However, the commissioner may use these records in any way to enforce this chapter. Any record the commissioner uses as an exhibit in an enforcement action is no longer a confidential record.
b. If an individual alleges exposure to pesticides and if the individual’s medical provider requests that the commissioner reveal the name of the pesticide, the commissioner may reveal the name of the pesticide to the individual making the request, together with the registration number assigned by the United States environmental protection agency. The commissioner may require a request under this section be made in writing.
6. If access is refused or if the commissioner determines critical enforcement documentation may be lost, the commissioner may apply to any court for a search warrant authorizing access to land or records. Upon compliance with chapter 29-29.1, the court may issue the search warrant for the purposes requested.
7. The commissioner may suspend or revoke a certification issued under this chapter for failure to pay a civil penalty within thirty days after a final determination is made that the civil penalty is owed.