N.D. Cent. Code § 4.1-33-21

4.1-33-21. Enforcement

1. The commissioner shall enforce the requirements of this chapter and any rules

adopted under this chapter.

2. The commissioner may bring an action to enjoin the violation or threatened violation of

this chapter, or any rule adopted under this chapter, in the district court of the county in

which the violation occurs or is about to occur.

3. If any person violates this chapter, the commissioner may issue an order requiring the

person to cease and desist from the unlawful activity. If the violator fails to obey, the

commissioner shall cause the appropriate criminal complaint to be filed.

4. The commissioner may enter upon any public or private premises at reasonable times,

to:

a. Inspect any equipment subject to this chapter and the premises on which the

equipment is stored or used.

b. Inspect or sample lands actually or reported to be exposed to pesticides.

c. Inspect storage or disposal areas.

d. Inspect or investigate complaints of injury to humans or land.

e. Draw samples of a reasonable amount of tank mix pesticides and tank mixes

without compensation to the owner for values less than three dollars.

f. Observe the use and application of a pesticide.

g. Inspect any place where pesticides or devices are stored or held for distribution,

sale, or use, and obtain samples of any pesticides packaged, labeled, and

released for shipment and samples of any containers or labeling for the

pesticides.

5. a. At any reasonable time, the commissioner may access records pertaining to the

pesticide application, sales, purchases, and repackaging by any person. The

commissioner may copy or make copies of the records for the purpose of this

chapter. These records are confidential. However, the commissioner may use

these records in any way to enforce this chapter. Any record the commissioner

uses as an exhibit in an enforcement action is no longer a confidential record.

b. If an individual alleges exposure to pesticides and if the individual's medical

provider requests that the commissioner reveal the name of the pesticide, the

commissioner may reveal the name of the pesticide to the individual making the

request, together with the registration number assigned by the United States

environmental protection agency. The commissioner may require a request under

this section be made in writing.

6. If access is refused or if the commissioner determines critical enforcement

documentation may be lost, the commissioner may apply to any court for a search

warrant authorizing access to land or records. Upon compliance with chapter 29-29.1,

the court may issue the search warrant for the purposes requested.

7. The commissioner may suspend or revoke a certification issued under this chapter for

failure to pay a civil penalty within thirty days after a final determination is made that

the civil penalty is owed.