# Title 4.1 — Agriculture

## Chapter 4.1-35 — Chemigation Regulation

### § 4.1-35-01. Definitions.

As used in this chapter:
1. "Chemigation" means any process by which chemicals, including pesticides and
fertilizers, are applied to land or crops through an irrigation system.
2. "Commissioner" means the agriculture commissioner and includes any employee or
agent designated by the commissioner.
3. "Fertilizer" means any fertilizer as defined by section 4.1-40-01.
4. "Pesticide" means that term defined in section 4.1-33-01.
### § 4.1-35-02. Compliance with rules.

Farm irrigation systems used for chemigation which are designed, constructed, and
operated in compliance with rules adopted under this chapter are considered to be in
compliance with this chapter.
### § 4.1-35-03. Rules - Standards for chemigation, installation, maintenance, and

modifications.
The commissioner shall adopt rules regulating chemigation through irrigation systems in this
state to minimize the possibility of chemical, pesticide, fertilizer, or other contamination of
irrigation water supply and other rules as necessary to implement this chapter. The
commissioner may establish by rule standards for application of pesticides and fertilizers
through irrigation systems; for installation and maintenance of all equipment and devices used
for chemigation purposes; modifications or changes in design, technology, or irrigation
practices; or other purposes relating to the use or placement of equipment or devices. The
commissioner may adopt rules requiring periodic calibration and inspection of equipment and
system operation during periods of chemigation.
### § 4.1-35-04. Inspections - Assistance of department of water resources.

The department of water resources shall cooperate with the commissioner in the inspection
of any irrigation system using chemigation. The department shall inform the commissioner of
any violation of this chapter which is discovered in the course of the department's regular
inspections of irrigation systems using chemigation.
### § 4.1-35-05. Enforcement.

1. The commissioner shall enforce this chapter and any rules adopted under this chapter.
2. The commissioner may seek an injunction in the district court in the county in which a
violation occurs or may issue a cease and desist order to any person for any alleged
violation of this chapter or any rules adopted under this chapter.
3. For the purpose of carrying out the provisions of this chapter, the commissioner and
the department of water resources may enter upon any public or private premises at
reasonable times in order to:
a. Have access for the purpose of inspecting 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 or
fertilizers through chemigation.
c. Inspect storage or disposal areas.
d. Inspect or investigate complaints of injury to humans or animals.
e. Sample pesticides and fertilizers and pesticide or fertilizer mixes being applied or
to be applied.
f. Observe the use and application of a pesticide or fertilizer through chemigation.
g. Have access for the purpose of inspecting a premise or other place where
equipment or devices used for chemigation are held for distribution, sale, or use.

### § 4.1-35-06. Penalties.

1. Any person who violates a provision of this chapter or any rule adopted under this
chapter is guilty of a class A misdemeanor.
2. When construing and enforcing the provisions of this chapter or any rules adopted
under this chapter, the act, omission, or failure of any officer, agent, or other person
acting for or employed by any person must in every case also be deemed to be the
act, omission, or failure of such person as well as that of the person employed.
3. Any person found to have violated a provision of this chapter or rule adopted under
this chapter is subject to a civil penalty not to exceed five thousand dollars for each
violation. The civil penalty may be imposed by a court in a civil proceeding or by the
commissioner through an administrative hearing under chapter 28-32.
