1.    Section 4.1-34-02 does not apply to any person who distributes, sells, or offers for sale within this state or delivers for transportation or transports in intrastate commerce or between points within this state through any point outside this state a minimum-risk pesticide exempt from registration under the federal Act, provided the person has obtained a certificate of exemption from the commissioner.

Terms Used In North Dakota Code 4.1-34-10

  • Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. 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
  • 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
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

2.    To obtain a certificate of exemption for a minimum-risk pesticide, a person shall file an application with the commissioner. The application must include:

a.    The name and address of the product’s manufacturer or distributor; b.    The name and brand name of the product; c.    A current label for the product; and

d.    A fee equal in amount to the fee set under section 4.1-34-03 for the registration of a pesticide.

3.    The commissioner shall remit any fees collected under this section to the state treasurer for deposit in the environment and rangeland protection fund.

4.    Each exemption from registration covers a designated two-year period beginning January first of each even-numbered year and expiring December thirty-first of the following year.