# Title 4.1 — Agriculture

## Chapter 4.1-36 — Pesticide and Pesticide Container Disposal Program

### § 4.1-36-01. Pesticide and pesticide container disposal program - Pesticide container

management - Compensation.
1. The definitions contained in section 4.1-33-01 apply to this chapter.
2. In consultation with an advisory board consisting of the state health officer and director
of the North Dakota state university extension service, two individuals selected by the
agriculture commissioner representing agribusiness organizations, and two individuals
selected by the agriculture commissioner representing farm organizations, the
commissioner shall continue to implement project safe send. The purpose of the
project is to:
a. Collect and either recycle or dispose of unusable pesticides and unusable
pesticide containers. The commissioner shall provide for the establishment and
operation of temporary collection sites for the pesticides and pesticide containers.
The commissioner may limit the type and quantity of pesticides and pesticide
containers acceptable for collection.
b. Promote proper pesticide container management. In consultation with the director
of the North Dakota state university extension service, the commissioner shall
evaluate and promote proper methods of pesticide container management,
including information on the variety of pesticide containers available.
3. Any entity collecting pesticide containers or unusable pesticides shall manage and
dispose of the containers and pesticides in compliance with applicable federal and
state requirements. When called upon, any state agency shall assist the commissioner
in implementing the project.
4. For services rendered in connection with the design and implementation of this project,
the advisory board members selected by the commissioner are entitled to
reimbursement for mileage and travel expenses in the same manner and for the same
amounts provided for state employees and officials. Compensation and expense
reimbursement must be paid from the environment and rangeland protection fund.
### § 4.1-36-02. Project scope and evaluation.

The project described in section 4.1-36-01 must occur in areas to be determined by the
agriculture commissioner in consultation with the advisory board described in section 4.1-36-01.
### § 4.1-36-03. Project safe send pesticide and pesticide container collection - User fees.

The agriculture commissioner, in consultation with the advisory board for the project safe
send pesticide and pesticide container disposal program, may charge a fee for collection of
rinsate. The fees must be established at a level that will generate enough revenue to cover the
cost of disposal associated with the rinsate that is collected. Collections from this fee must be
deposited in the environment and rangeland protection fund.
### § 4.1-36-04. Report on pesticide container disposal program.

The agriculture commissioner shall submit a biennial report to a joint meeting of the house
of representatives and senate agriculture committees on the status of the pesticide container
disposal program.
