North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-02 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, the following words shall have the
				  meaning given to them below, unless otherwise made inappropriate by use and
				  context. Words not defined in this section shall have the meaning given to them
				  in North Dakota Century Code chapter  4-35.
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
				   4-35-02.
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 or supervise the use
				  of restricted use 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  - 136 y.
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:
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
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;
b. Any rinsate that is derived from a pesticide container,
				  pesticide application equipment, or equipment washing;
c. Any material that is used to collect or contain excess or
				  spilled pesticide or rinsate;
d. Any mixture of pesticide and diluent such as wash water,
				  rinse water, or rainwater; or
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  19-18.
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;
b. One or more impervious containers with a combined minimum
				  capacity often gallons [37.85 liters]; and
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.].
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06