# Title 4.1 — Agriculture

## Chapter 4.1-39 — Crop Protection Products

### § 4.1-39-01. Crop protection product harmonization and registration board - Recovery

of funds.
The crop protection product harmonization and registration board may accept funds for
expenses paid relating to the registration of pesticides or donations offered to or for the benefit
of the board. All moneys received under this section must be deposited in the minor use
pesticide fund to pay expenses relating to the registration of pesticides or for the specific
purpose for which they are given. Whenever possible, the board shall attempt to recover funds
expended relating to the registration of pesticide. The board shall adopt rules to administer this
section.
### § 4.1-39-02. Crop protection product harmonization and registration board -

Membership - Duties - Grants.
1. The crop protection product harmonization and registration board consists of:
a. The governor or the governor's designee;
b. The agriculture commissioner or the commissioner's designee;
c. The chairman of the house agriculture committee or the chairman's designee;
d. The chairman of the senate agriculture committee or the chairman's designee;
e. A member of the house or senate agriculture committee who is not a member of
the faction in which the committee chairman is a member, appointed by the
legislative management chairman;
f. A crop protection product dealer in the state appointed by the governor from a list
of three nominees submitted by the North Dakota agricultural association;
g. A consumer of crop protection products appointed by the governor from a list of
three nominees submitted by the North Dakota grain growers association;
h. A consumer of crop protection products appointed by the governor from a list of
three nominees submitted by the North Dakota oilseed council;
i. A representative of the crop protection product manufacturing industry appointed
by the chairman of the legislative management; and
j. The director of the North Dakota state university agricultural experiment station.
2. The director of the agricultural experiment station shall serve as a nonvoting member.
The governor or the governor's designee shall serve as chairman of the board.
3. The board shall:
a. Identify and prioritize crop protection product labeling needs;
b. Explore the extent of authority given to this state under the Federal Insecticide,
Fungicide, and Rodenticide Act [7 U.S.C. 136a];
c. Identify the data necessary to enable registration of a use to occur in a timely
manner;
d. Determine necessary research to fulfill the data requirements for activities listed
in this section;
e. Request the agriculture commissioner to pursue specific research funding options
from public and private sources;
f. Request the North Dakota state university agricultural experiment station to
pursue specific research to coordinate registration efforts; and
g. Pursue opportunities to make more crop protection product options available to
state agricultural producers through any means the board determines advisable.
4. The board may contract with a consultant to provide studies, research, or information
regarding crop protection product registration and labeling needs.
5. The board may administer a grant program through which agriculture commodity
groups may apply for funds to be used to address issues related to the registration of
crop protection products. To be eligible for a grant, an applicant must submit an
application to the board requesting a specific amount of funds, specifying the exact
purposes for which the grant would be used, and providing a detailed timetable for the
use of the grant funds. The board may impose any additional conditions it determines

appropriate for grant recipients, including requiring periodic reports and furnishing of
matching funds. The board may terminate funding of a previously approved grant at
any time if the board is dissatisfied with the performance of the grant recipient.
6. The board may use not more than fifteen percent of the funds under its supervision for
administrative purposes, including the cost of contracting for administrative services
and reimbursement of board member expenses. The members of the board who are
members of the legislative assembly are entitled to compensation and expense
reimbursement from the legislative council for attendance at board meetings at the
rate provided for members of the legislative assembly for attendance at interim
committee meetings.
7. The board may adopt rules to implement this section.
### § 4.1-39-03. Crop protection products - Canadian labels.

The agriculture commissioner, with the advice and consent of the appropriate agricultural
commodity group, may authorize the sale and use in this state of a crop protection product that
has a Canadian label, if the commissioner determines that a crop protection product having an
American label contains substantially similar active ingredients and that the importation and use
of the product with a Canadian label does not violate federal law. The commissioner shall
require an applicator to possess the American label and apply the product in accordance with
the American label provisions.
### § 4.1-39-04. Special local needs exemption - Tolerances.

The agriculture commissioner, in cooperation with the environmental protection agency,
shall use tolerance data established or obtained in North America in pursuing special local
needs exemptions for crop protection products under the Federal Insecticide, Fungicide, and
Rodenticide Act [7 U.S.C. 136 et seq.].
### § 4.1-39-05. Crop protection products - Registration process - Joint labeling.

The governor and the agriculture commissioner shall work with all appropriate public and
private entities to foster the development of a single, uniform process for the joint North
American labeling of crop protection products not available for sale and use in this state as of
April 19, 1999.
### § 4.1-39-06. Crop protection products - Request to petition for registration.

On the written request of any agricultural commodity group, the agriculture commissioner
shall petition the environmental protection agency for the American registration of a crop
protection product approved for use in Canada.
### § 4.1-39-07. Environment and rangeland protection fund.

The environment and rangeland protection fund is a special fund in the state treasury. The
moneys in this fund may be used for rangeland improvement projects and to address issues
relating to harmonization of crop protection product standards. The rangeland improvement
projects may include noxious weed control; ground water testing, analysis, protection, and
improvement; analysis of food products for residues of pesticides and other materials; and
analysis and disposal of unusable pesticides and pesticide containers.
### § 4.1-39-08. Minor use pesticide fund - Continuing appropriation.

The minor use pesticide fund is created as a special fund in the state treasury. All moneys in
the fund are appropriated on a continuing basis to the crop protection product harmonization
and registration board for the purpose of conducting or commissioning studies, investigations,
and evaluations regarding the registration and use of pesticides for minor crops, minor uses,
and other uses as determined by the board.
