60-03-01-02. Definitions.

As used in this chapter, the following words have the meaning given to them below, unless otherwise made inappropriate by use and context. Words not defined in this section have the meaning given to them in North Dakota Century Code chapter 4.1-33.

1. "Agricultural plants" means any plants grown or maintained for commercial or research purposes.

2. "Board" means the North Dakota pesticide control board created pursuant to North Dakota Century Code section 4.1-33-02.

3. "Bulk pesticide" means any volume of pesticide that is intended to be repackaged, can be accurately measured, and can be transported or held in an individual container.

4. "Bulk pesticide facility" means any place used to handle or store bulk pesticides.

5. "Certification" means recognition by the board or its designee that a person is competent and thus authorized as a: a. Certified private applicator to use a restricted use pesticide or supervise the use of restricted use herbicides or general pesticides in noncommercial settings. b. Certified commercial applicator to use a restricted use pesticide or supervise the use of a general use pesticide in commercial settings. c. Certified public applicator to use a restricted use pesticide or supervise the use of a general use pesticide in settings that do not require maintaining proof of financial responsibility. d. Certified dealer to distribute restricted use pesticides.

6. "Commissioner" means the North Dakota agriculture commissioner.

7. "Compensation" means monetary payment for a specific service.

8. "Competent" means qualified to perform functions associated with pesticide applications, the degree of competency required being directly related to the nature of the activity and the associated responsibility, including receiving proper training to know and understand the pesticide label, the product name and application rate, proper application techniques, recordkeeping requirements, worker protection standards, and emergency response and being able to identify workplace hazards.

9. "Custom blend" means any diluted mixture of pesticide prepared by a dealer to the specifications of the end-user and not held in inventory.

10. "End-use labeling" means the written, printed, or graphic matter on, attached to, or accompanying the pesticide or device or any of its containers or wrappers.

11. "End-user" means the person who applies the pesticide.

12. "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as codified and amended at 7 U.S.C. 136-136y.

13. "Fumigant pesticide" means a chemical compound whose pesticidal action occurs in a gaseous state.

14. "General use pesticide" means any pesticide formulation which is not classified for restricted use.

15. "Handling" means the mixing, loading, application, repackaging, storage, transportation, distribution, sale, purchase, or disposal of pesticides.

16. "Mixture" means any pesticide combined with fertilizer, seed, or other substance.

17. "Mobile container" means a container used to transport pesticides.

18. "Operational area" means: a. An area within a permanent containment area where pesticides are transferred, loaded, unloaded, mixed, repackaged, or refilled; or b. An area where pesticides are rinsed from a container.

19. "Permanent containment area" means:

1. a. An aboveground pad or dike constructed of impervious material, such as sealed concrete, stainless steel, or other material as approved by the registrant, unless the commissioner approves or requires material other than that approved by the registrant; or
2. b. An area that has a berm or curb or is otherwise designed to contain discharges that may occur while handling pesticides or pesticide-containing materials.20. 'Pesticide-containing material' means:- a. Any container of a pesticide product that has not been triple-rinsed or the equivalent of triple-rinsed;
3. b. Any rinsate that is derived from a pesticide container, pesticide application equipment, or equipment washing;
4. c. Any material that is used to collect or contain excess or spilled pesticide or rinsate;
5. d. Any mixture of pesticide and diluent such as wash water, rinse water, or rainwater; or
6. e. Material that is generated as a result of contact with or utilization of a pesticide in an application, containment, recovery, reuse, or treatment system. The term does not include personal protective equipment that contains pesticide residue.21. 'Pesticide-producing establishment' means any site where a pesticide is manufactured, packaged, repackaged, prepared, processed, labeled, relabeled, or held for distribution.22. 'Registrant' means the person holding the pesticide product registration under North Dakota Century Code chapter 4.1-34.23. 'Repackaging' means the transfer of a pesticide in an unaltered state from a container into a designated or dedicated refillable container for the purpose of distribution.24. 'Spill kit' means a portable kit or other equipment that is designed to recover, minimize, contain, or absorb discharges of pesticides. A spill kit must include the following:- a. Enough absorbent material, or any combination of absorbent pads, pillows, or tubes sufficient to absorb five gallons [18.93 liters] of liquid;
7. b. One or more impervious containers with a combined minimum capacity of ten gallons [37.85 liters]; and
8. c. Adequate tools to collect and place pesticide-contaminated material in containers.25. 'Under the direct supervision' means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available if and when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied. The certified applicator must be able to physically arrive at the location of a supervised applicator within thirty minutes.26. 'Use of a pesticide' means mixing, filling application equipment, applying, storing, distributing, and disposing of a pesticide.27. 'Use of a pesticide in a manner inconsistent with its labeling' means using any pesticide in a manner that is not permitted by the labeling, except that the term does not apply to any of the following:

a. Applying a pesticide at any dosage, concentration, or frequency that is less than that specified on the label, unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency. b. Applying a pesticide against any target pest that is not specified on the labeling if the application is to the crop, animal, or site that is specified on the label. c. Employing any method of application that is not prohibited by the labeling unless the label specifically states that the product may be applied only by the methods specified on the labeling. d. Mixing a pesticide or pesticides with a fertilizer when the labeling does not prohibit such mixture. e. Any use of a pesticide that is in compliance with section 5, 18, or 24 of the Federal Insecticide, Fungicide, and Rodenticide Act of 1947 [Pub. L. 104-170; Stat. 7 U.S.C. 136 et seq.].

History: Amended effective April 15, 1985; October 1, 1990; July 1, 1992; March 1, 2003; July 1, 2004; January 1, 2013; April 1, 2026.

General Authority: NDCC 4.1-33-03

Law Implemented: NDCC 4.1-33-03