N.D. Cent. Code § 4.1-33-01

4.1-33-01. Definitions

As used in this chapter:

1. "Animal" means vertebrate and invertebrate species, including humans and other

mammals, birds, fish, and shellfish.

2. "Antimicrobial pesticide" means a substance or mixture of substances intended for

preventing, destroying, repelling, suppressing, or mitigating the growth of

micro-organisms, including bacteria, viruses, and fungi on inanimate objects and

surfaces.

3. "Applicator" means a person who applies a pesticide to land.

4. "Certified applicator" means an individual who is certified under this chapter to

purchase or use a restricted use pesticide.

5. "Commercial applicator" means a person who, by contract or for hire, engages in the

business of applying pesticides for compensation.

6. "Defoliant" means a substance or mixture of substances intended to cause the leaves

or foliage to drop from a plant, with or without causing abscission.

7. "Desiccant" means a substance or mixture of substances intended to artificially

accelerate the drying of plant tissue.

8. "Device" means an instrument or contrivance, other than a firearm, which is intended

for trapping, destroying, repelling, or mitigating any pest or any other form of plant or

animal life, other than human and other than bacteria, virus, or other micro-organism

on or in living humans or other living animals, but not including equipment used for the

application of pesticides when sold separately from pesticide.

9. "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver, or supply

pesticides in the state.

10. "Environment" includes water, air, land, and all plants, humans, and other animals

living there, and the interrelationships existing among them.

11. "Equipment" means a type of ground, water, or aerial equipment or contrivance using

motorized, mechanical, or pressurized power and used to apply a pesticide on land

and anything that may be growing, inhabiting, or stored on or in that land. The term

does not include a pressurized hand-held household apparatus used to apply a

pesticide, or equipment or contrivance of which the individual who is applying the

pesticide is the source of power or energy to make the pesticide application.

12. "Fungus" means a non-chlorophyll-bearing thallophytes, that is, a

non-chlorophyll-bearing plant of a lower order than mosses and liverworts as, for

example, rust, smut, mildew, mold, yeast, and bacteria, except fungus on or in living

humans or other living animals, and except fungus on or in processed food,

beverages, or pharmaceuticals.

13. "Insect" means one of the numerous small invertebrate animals generally having the

body more or less obviously segmented, for the most part belonging to the class of

insecta, comprising six-legged, usually winged forms, and to other allied classes of

arthropods for which members are wingless and usually have more than six legs.

14. "Label" means the written, printed, or graphic matter on, or attached to, the pesticide

or device or any of the pesticide or device's containers or wrappers.

15. "Labeling" means the label and other written, printed, or graphic matter:

a. Accompanying the pesticide or device; or

b. To which reference is made on the label or in literature accompanying or referring

to the pesticide, except when accurate nonmisleading references are made to

current official publications of the board, the United States environmental

protection agency, the United States departments of agriculture and interior, the

United States department of health and human services, state agricultural

colleges, and other similar federal or state institutions or agencies authorized by

law to conduct research in the field of pesticides.

16. "Land" means land and water areas, including airspace, and plants, animals,

structures, buildings, contrivances, and machinery, appurtenant to or situated on land,

fixed or mobile, including any used for transportation.
human services, state agricultural

colleges, and other similar federal or state institutions or agencies authorized by

law to conduct research in the field of pesticides.

16. "Land" means land and water areas, including airspace, and plants, animals,

structures, buildings, contrivances, and machinery, appurtenant to or situated on land,

fixed or mobile, including any used for transportation.

17. "Nematode" means an invertebrate animal of the phylum nemathelminthes, and class

nematoda, i.e., unsegmented round worms with elongated, fusiform, or saclike bodies

covered with cuticle, and inhabiting soil, water, plants, or plant parts, may also be

called nemas or eelworms.

18. "Pest" means an insect, rodent, nematode, fungus, or weed; or other form of terrestrial

or aquatic plant or animal life, viruses, bacteria, or other micro-organism, except

viruses, bacteria, or other micro-organisms on or in living humans or other living

animals.

19. "Pesticide" means:

a. A substance or mixture of substances intended for preventing, destroying,

repelling, or mitigating any pest; and

b. A substance or mixture of substances intended for use as a plant regulator,

defoliant, or desiccant.

20. "Pesticide certification standards" means the requirements under title 40, Code of

Federal Regulations, sections 171.101 through 171.107, as those sections existed on

January 4, 2017.

21. "Pesticide dealer" means a person, other than a pesticide wholesaler, distributing

pesticides.

22. "Plant regulator" means a substance or mixture of substances intended, through

physiological action, to accelerate or retard the rate of growth or rate of maturation, or

to otherwise alter the behavior of plants or the produce thereof, but does not include

substances to the extent that they are intended as plant nutrients, trace elements,

nutritional chemicals, plant inoculants, or soil amendments.

23. "Private applicator" means an individual who is required to be a certified applicator to

buy or use a restricted use pesticide on property owned or rented by the applicator or

the applicator's employer or, if applied without compensation other than trading of

personal services between producers of agricultural commodities, on the property of

another person.

24. "Public applicator" means an applicator who applies pesticides, other than

ready-to-use pesticides, as an employee of:

a. A governmental agency, municipal corporation, or public utility; or

b. A hospital, privately owned golf course, nursery, or greenhouse.

25. "Ready-to-use pesticide" means a pesticide other than a restricted use pesticide which

is applied directly from its original container consistent with label directions, and

includes aerosol spray cans, ready-to-use spray containers, bait packs, and other

types of containers that do not require mixing or loading before application.

26. "Restricted use pesticide" means a pesticide formulation classified as restricted use by

the United States environmental protection agency or the agriculture commissioner

under section 4.1-34-06.

27. "Rinsate" means a diluted mixture of pesticide obtained from triple rinsing or pressure

rinsing pesticide containers or from rinsing the inside and outside of spray equipment.

28. "Tank mix" means a pesticidal formulation used alone or in combination with another

pesticide and mixed with a liquid carrier prior to application.

29. "Unreasonable adverse effects on the environment" means an unreasonable risk to

humans or the environment, taking into account the economic, social, and

environmental costs and benefits of the use of any pesticide.

30. "Weed" means a plant that grows where not wanted.

31. "Wildlife" means living things that are not human, domesticated, or, as defined in this

chapter, pests, including mammals, birds, and aquatic life.