ND Pesticide Applicator cheat sheet

North Dakota pesticide law is administered by the ND Department of Agriculture (NDDA), which registers pesticides, licenses applicators, and certifies dealers and distributors in the state.

A pesticide is any substance intended to prevent, destroy, repel, or mitigate a pest, plus defoliants, desiccants, plant regulators, and nitrogen stabilizers.

FIFRA establishes federal registration; a state may register additional uses under Section 24(c) special local need labels, which must be more restrictive than or fill a gap in the federal label.

EPA registration numbers appear on labels as 'EPA Reg. No.'; EPA Establishment numbers identify the producing facility and are separate from the registration number.

ND requires certification for private applicators (agricultural commodity production) and commercial/public applicators, who apply pesticides for hire or on property they do not own or rent.

Restricted-use pesticides may be sold only by licensed dealers to certified applicators or persons under their direct supervision, and sales records must be retained.

Certification categories align with use sites and pest types (e.g., agricultural, turf and ornamental, structural, fumigation, seed treatment, right-of-way); exams are category-specific.

Continuing education recertification requires accumulating approved continuing education units (CEUs) during the certification cycle rather than retaking the exam.

NDDA inspectors may inspect application equipment, storage sites, records, and pesticide containers, and may take samples; refusal to allow inspection can support license suspension or revocation.

Misuse is applying a pesticide in a manner inconsistent with its labeling; it is a violation of FIFRA and state law and can trigger civil penalties or license action.

Enforcement actions typically escalate: notice of violation or warning letter, then administrative civil penalty, then suspension or revocation of certification or registration.

Records of restricted-use pesticide sales and applications must be kept and made available to the state; failure to maintain or produce records is itself a violation.

A stop-sale or stop-use order may be issued for unregistered, misbranded, adulterated, or otherwise noncompliant pesticide products held for distribution.

Applicators are responsible for label compliance even when a dealer or advisor recommends a use; following someone else's illegal recommendation is not a defense.

Inspectors document findings with field notes, photographs, and sample chain-of-custody; samples are analyzed at a laboratory and results support enforcement decisions.

Penalties for knowing violations can include civil penalties per violation and, for serious or repeat offenses, criminal referral and loss of certification.

Compliance assistance is non-enforcement education: NDDA staff answer label, recordkeeping, and licensing questions and help applicators correct problems before violations occur.

Before applying, confirm the site, pest, and rate appear on the label; if a use is not on the label, it is not permitted (with narrow exceptions such as certain FIFRA Section 2(ee) interpretations).

The label is the law: the label directions, restrictions, and precautionary statements are legally binding, and labeling includes all materials attached to or referenced by the label.

Use the label's resistance-management guidance, including mode-of-action (MOA) group rotation, to avoid or delay pest resistance.

Recordkeeping essentials: date, time, location, target pest, product name and EPA registration number, rate, total amount applied, applicator name and certification number, and weather conditions.

Read and follow the label for tank mixing, compatibility, and jar-test recommendations; some labels prohibit certain mixtures or require a pre-mix compatibility test.

Spill response: stop the source, contain the spill, protect people and water, absorb or recover material, and report reportable releases to the appropriate authority per label and state requirements.

Handle and dispose of containers per label: triple rinse (or pressure rinse) pesticide containers, puncture or crush as directed, and follow state container-disposal and recycling rules.

The WPS covers agricultural workers (those doing hand-labor tasks in treated areas) and pesticide handlers (those mixing, loading, applying, or otherwise handling pesticides).

The Agricultural Use Requirements box on the label states the restricted-entry interval (REI) and any early-entry requirements; entry before the REI ends is prohibited except under the narrow early-entry exceptions.

The Worker Protection Standard requires posted warning signs and/or oral warnings before a pesticide application, and notification must be given in a manner workers can understand.

Handlers must receive WPS training before handling pesticides and every 12 months thereafter, and workers must be trained before entering treated areas and every 12 months.

The central posting location must display the WPS safety poster, emergency information, and application information (product, EPA number, REI, and application time).

Decontamination supplies (water, soap, towels, and a change of clothing) must be available to workers within a quarter mile of the work area and to handlers at the mixing/loading site.

Handler PPE must be provided by the employer, cleaned and maintained, and used per label; respirators require fit testing, medical evaluation, and training under the respiratory protection requirements.

If a pesticide gets on skin or in eyes, follow the label's first-aid statements and get medical attention; take the label and product information to the medical provider.

Employers must keep records of WPS training and provide application and hazard information to workers and handlers as required.