North Dakota Code 4.1-34-09 – Exemptions
1. The penalties provided for violations of section 4.1-34-02 do not apply to:
Terms Used In North Dakota Code 4.1-34-09
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- 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
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.