Page:2021 North Dakota Session Laws.pdf/249

Agriculture CHAPTER 66

HOUSE BILL NO. 1338

(Representative Trottier)

AN ACT to create and enact a new subsection to section 4.1-33-16 and a new section to chapter 4.1-33 of the North Dakota Century Code, relating to the waiver of certification requirements during a declared state of emergency and an exemption to certification requirements for antimicrobial pesticides; to amend and reenact section 4.1-33-01 of the North Dakota Century Code, relating to the definition of antimicrobial pesticide; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 4.1-33-01 of the North Dakota Century Code is amended and reenacted as follows:

4.1-33-01. Definitions.

As used in this chapter:

1. "Animal" means all 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 any person who applies a pesticide to land.

3.4. "Certified applicator" means any individual who is certified under this chapter to purchase or use a restricted use pesticide.

4.5. "Commercial applicator" means a person who, by contract or for hire, engages in the business of applying pesticides for compensation.

5.6. "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission.

6.7. "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissue.

7.8. "Device" means any 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.

8.9. "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver, or supply pesticides in this state.