The North Dakota Department of Agriculture is the state lead agency and has the primary jurisdiction for pesticide enforcement in North Dakota. It receives this authority from the North Dakota Pesticide Act which was enacted in 1975. Prior to the enactment of this act, the United States Environmental Protection Agency had the primary role in regulating the pesticide industry in the state. The USEPA still retains oversight for how the federal law (FIFRA) is administered by the North Dakota Department of Agriculture Plant Industries Program Area.

The North Dakota Pesticide Act (Chapter 4-35 of the North Dakota Century Code) allows the Department to regulate in the public interest the distribution, storage, transportation application, recordkeeping, restricted use sales, pesticide disposal, pesticide container disposal and chemigation of pesticides and fertilizers. The Department also regulates and enforces pesticide registration law through Chapter 19-18 of the North Dakota Century Code.

Use the following instructions and forms for maintaining proper pesticide records pertaining to the type of pesticide application performed:

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• Pesticide Application Records Form

Recordkeeping Requirements for Pesticide Dealers Selling Restricted Use Pesticides, Section 18 Pesticides and Section 24-C Pesticides

• Running Inventory of Restricted Use Pesticide Sales (By Product) Form
• Running Inventory Section 18 Pesticides Form

Instructions for Fumigant Application Records

• Fumigation Application Records Form

Instructions for Right of Way Records

• Right of Way Records Daily Report Form

Instructions for Seed Treatment Application Records

• Seed Treatment Application Records Form

INSPECTIONS

The NDDA conducts 600 to 700 routine inspections each year in North Dakota. These inspections are conducted with pesticide dealers, commercial and private applicators, marketplaces, golf courses, lawn care companies, farmers and many other types of pesticide applicators. If violations of pesticide laws are discovered, the violations are documented by the inspectors. The violations are reviewed and processed by the enforcement personnel in the Bismarck office. Any Federal law violations may be referred to Region VIII EPA headquarters in Denver, CO or they may be processed by the NDDA.

INSPECTOR'S ROLE

A Pesticide Inspector's job is to conduct routine inspections and complaint follow-up investigations related to pesticide sales, distribution, and use. NDDA Pesticide Inspectors are specifically required to collect evidence in the form of documents, physical samples, and written statements to support inspections or complaint investigations. By NDDA policy, they are not allowed to discuss information collected in the case, and are to refer all requests for information to the Program Manager in Bismarck. Additionally, a Pesticide Inspector has specific protocols to follow when collecting documents or other evidence during the course of an inspection or complaint investigation.

COMMERCIAL CERTIFICATION

All commercial applicators and any individual who applies any restricted-use product must be certified in the proper category. A commercial applicator may apply general use products under the direct supervision of a certified commercial applicator. The supervisor must be within 30 minutes of the application site and have an electronic communication device for both parties.

PRIVATE CERTIFICATION

Private applicators must be certified in the General category to buy, sell or apply restricted-use products and in the Fumigation category in order to buy, sell, store or apply fumigants. An employee may apply restricted-use pesticides under the direct supervision of a private applicator. The supervisor must be within 30 minutes of the application site and have an electronic communication device for both parties.

COMPLAINTS

A formal complaint may be reported by anyone by calling or writing the Pesticide Division at the NDDA. Complaints are taken by telephone or in writing by pesticide personnel in the office. Field inspectors may also receive pesticide complaints or anonymous tips of alleged pesticide misapplications or violations. The person reporting the problem provides their name, address, telephone number and background information. An inspector will be appointed to investigate the details of the complaint. The complainant will become part of the case by agreeing to be interviewed and providing the NDDA with a written statement regarding the events that led to the complaint being filed. The NDDA inspectors will usually take samples for analysis, photos for documentation and obtain other data to prove a violation. If a violation cannot be documented, we will make a no violation decision on the complaint.

ANONYMOUS TIPS

Anonymous tips are usually called in by neighbors, employees or competitors. These anonymous tips usually result in discovery of significant violations of the pesticide laws and usually result in significant penalties. The NDDA may keep these anonymous callers anonymous, but cannot guarantee that the source will remain confidential.

PESTICIDE APPLICATION - ALLEGED PROPERTY DAMAGE - NOTIFICATION OF APPLICATOR

1. a. Before a person may file a civil action seeking reimbursement for property damage allegedly stemming from the application of a pesticide, the person shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of:

(1) Twenty-eight days from the date the person first knew or should have known of the alleged damage; or

(2) Before twenty percent of the crop or field allegedly damaged is harvested or destroyed.

b. Subdivision a does not apply if the person seeking reimbursement for property damage was teh applicator of the pesticide.

2. Upon notifying the applicator as required under subsection 1, the person seeking reimbursement for the alleged property damage shall permit the applicator and up to four representatives of the applicator to enter the person's property for the purpose of observing and examining the alleged damage. If the person fails to allow entry, the person is barred from asserting a claim against the applicator.

COMPENSATION FOR DAMAGES

The Pesticide Act does not include language that would allow the Department to assess or collect damages from the pesticide applicator or the landowner. The damaged party must pursue the alleged damage amounts through the court system. An alternative dispute resolution method may be used by referring the damage claim to the Department's Ag Mediation program.

PENALTIES

Penalties vary for different violations and can be levied for amounts up to $5000 per violation. Some violations have minimum fines. For example, an off-label application violation has a minimum fine of $5000.