ND Pesticide Applicator key terms

Any substance or mixture intended to prevent, destroy, repel, or control a pest, or to defoliate or regulate plant growth. Federal and state law define the word broadly enough to cover many products not commonly thought of as pesticides.

Any organism that competes with people for food or space, damages property, spreads disease, or otherwise causes harm. Insects, weeds, fungi, rodents, and nematodes are common examples under pesticide law.

The older statutory phrase for a pesticide in state and federal law, still used in some enforcement language. It refers to substances that are toxic to pests but not necessarily to humans when used as directed.

An instrument or apparatus, such as a trap or sprayer, that is used to control pests but does not itself contain a pesticide. Devices are regulated separately from pesticide products and carry their own labeling and registration requirements.

The Federal Insecticide, Fungicide, and Rodenticide Act, the federal law governing pesticide registration, labeling, distribution, and use. States share enforcement authority with EPA and may adopt stricter requirements under their own laws.

EPA's formal approval of a pesticide product for sale and use after review of its labeling and supporting data. A registered product may be sold only with the approved label and only for the uses it lists.

The written, printed, or graphic material attached to or accompanying a pesticide container. Directions for use, precautionary statements, and restrictions on the label are legally binding requirements, not suggestions.

All written or graphic material that accompanies a pesticide product, including the container label, brochures, and supplemental sheets. Statements in labeling carry the same legal force as statements printed directly on the container.

A pesticide that EPA has determined may cause unreasonable harm to people or the environment even when used as directed. It may be applied only by or under the direct supervision of a certified applicator.

A person who has passed the required competency examinations and holds a valid credential to use or supervise the use of restricted use pesticides. Certification is issued by the state lead agency under an EPA-approved program.

A certified applicator who uses or supervises the use of restricted use pesticides on land owned or rented by that person or their employer, for agricultural production. The certification covers only that production, not for-hire application for others.

A certified applicator who applies restricted use pesticides for hire, on property they do not own or rent, or as part of a business providing pest control services. Commercial certification typically requires a business license as well.

The process a certified applicator completes to renew certification before it expires, usually through continuing education credits or reexamination. Lapsed certification means the person may no longer use or supervise restricted use pesticides.

Training credits earned after initial certification to maintain and update an applicator's knowledge. States set the required number and subject categories of credits for each certification cycle.

A state-issued registration allowing a limited and special local use of a federally registered pesticide to address a pest problem the federal label does not cover. Also called a special local need registration; it must be supported by state findings and EPA review.

A pest control situation in a state that is not adequately addressed by existing federally registered products. A state may respond by issuing a 24(c) registration limited to that need and that state.

An EPA authorization allowing a pesticide to be tested outdoors on a limited acreage before full registration. It sets conditions on the test, and treated crops or sites may be subject to restrictions or destruction requirements.

The maximum amount of a pesticide residue legally allowed on or in a food or feed commodity. Applying a pesticide in a way that leaves residues above the tolerance can make the food adulterated and the application a violation.

A pesticide is misbranded when its label or labeling is false, misleading, or fails to meet legal requirements, such as missing required warnings or directions. Selling or distributing a misbranded product is a violation.

A pesticide is adulterated when its strength, purity, or quality falls below what the label states, or when it contains a substance that makes it unsafe. Adulteration is a separate violation from misbranding and may trigger stop-sale action.

An administrative order issued by a regulator that halts the distribution or use of a pesticide suspected of violating the law. The product may not be moved or used until the agency releases it after resolving the issue.

A regulatory hold placed on pesticide products at a location to prevent their sale or movement while an investigation proceeds. It is a temporary seizure-like tool used to preserve evidence and protect the public.

A formal written notice from an enforcement agency alleging a specific violation of pesticide law or rules. It typically states the facts, the rule violated, and the corrective action or penalty required.

A monetary fine imposed administratively or by a court for violating pesticide law, separate from any criminal charge. Penalty amounts often depend on the seriousness of the violation and the violator's history.

A negotiated settlement in which the alleged violator agrees to corrective actions, such as paying a penalty or changing practices, without admitting or litigating the violation. Once signed, it is enforceable like an order.

Applying a pesticide in a manner not permitted by its labeling, which is a violation of federal and state law. This includes using a product on a site, at a rate, or for a pest the label does not allow.

A business or person that sells or distributes pesticides, often subject to state licensing and recordkeeping duties. Dealers may be required to verify certification before selling restricted use pesticides and to keep sales records.

The legal duty to create and retain documents such as application records, sales records, and certification files for a set period. Regulators use these records to verify compliance and investigate complaints.

A written account of a pesticide application, typically including the product, rate, date, site, target pest, and applicator. Certified applicators and agricultural employers must keep these records for the period the rules specify.

Non-enforcement help that regulators offer to bring people into compliance, such as site visits, guidance documents, and training. It is meant to prevent violations before penalties become necessary.

Expert advice from agency staff or extension specialists on how to meet pesticide requirements, such as correct labeling, storage, or recordkeeping practices. It is advisory and does not shield a business from later enforcement for uncorrected problems.

A structured review of a business's pesticide practices against legal requirements, done by the business itself or with agency help. Findings are used to correct problems before an inspection or complaint triggers enforcement.

A written list of questions a business uses to check its own compliance with labeling, storage, recordkeeping, and safety rules. It helps identify gaps and document corrective actions during a voluntary review.

Federal rules designed to reduce pesticide exposure to agricultural workers and pesticide handlers. The standard sets requirements for training, notification, protective equipment, decontamination supplies, and reentry intervals.

A person employed in agricultural production who performs tasks such as planting, weeding, or harvesting, but who is not a pesticide handler. Workers receive training, notification, and decontamination protections under the Worker Protection Standard.

A person who mixes, loads, applies, or otherwise handles pesticides, or who cleans or repairs application equipment. Handlers receive more extensive training, medical monitoring, and protective equipment requirements than other workers.

The period after a pesticide application during which entry into the treated area is limited because of residue hazards. The length is set by the product label, and workers may not enter except under specific exceptions.

Clothing and gear such as gloves, respirators, coveralls, and eye protection that reduce exposure to pesticides. The label specifies which items are required for a given task, and handlers must wear them as directed.

A place near the work area supplied with water, soap, towels, and a change of clothes so workers and handlers can wash off pesticide exposure. The Worker Protection Standard requires these supplies at specified locations and times.

A designated location where pesticide safety information, application notices, and required records are displayed for workers. It gives employees access to hazard information without requiring them to be individually notified each time.

The required warning to workers and handlers about pesticide applications, given orally or by posted signs depending on the situation. It lets people avoid treated areas during the restricted entry interval.