Summary — SB 2086 (North Dakota) — Pesticide Control; Certification Standards
Status and procedural history
- Introduced: March 7, 2025 (Agriculture and Veterans Affairs Committee; at request of Agriculture Commissioner).
- Enrolled / Final actions: Signed by Governor April 22, 2025; filed with Secretary of State April 23, 2025.
- Bill purpose: create a new statutory section adopting pesticide certification standards and update multiple provisions in chapter 4.1‑33 (pesticide control) of the North Dakota Century Code.
Primary intent
- To align North Dakota’s pesticide control law with a specified federal pesticide applicator certification standard and to modernize and clarify statutory definitions and related regulatory provisions governing pesticide use, dealers, and applicators.
Key provisions and changes
- New statutory section: establishes “pesticide certification standards” by reference to the federal regulatory requirements found in 40 C.F.R. §§ 171.101–171.107 as those provisions existed on January 4, 2017. (This federal subsection governs certification of applicators who purchase or use certain restricted use pesticides.)
- Definitions updated and clarified (section 4.1‑33‑01): the bill revises and restates many core definitions used throughout the pesticide chapter, including:
- “Applicator,” “certified applicator,” “commercial applicator,” “private applicator,” and “public applicator”;
- “Pesticide,” “restricted use pesticide,” “ready‑to‑use pesticide,” “pesticide dealer,” “equipment,” “rinsate,” “tank mix,” “antimicrobial pesticide,” “device,” “pest,” “environment,” and others.
- Amendments to multiple statutory sections: the bill amends and reenacts sections 4.1‑33‑03 and several provisions governing dealer/distributor activity, certification, and control (including subdivision b of § 4.1‑33‑12(1), § 4.1‑33‑13, § 4.1‑33‑16(1), and § 4.1‑33‑20(5)). The publicly available text emphasizes alignment of licensing/certification language and enforcement provisions with the incorporated federal certification standards.
- Restricted‑use pesticide control: by defining and referencing the federal certification requirements, the bill reinforces that purchase and use of restricted‑use pesticides are tied to certification status and related federal/state standards.
Who is affected
- Farmers and agricultural producers who use restricted‑use pesticides (private applicators).
- Commercial pesticide applicators and businesses that apply pesticides for hire.
- Public applicators (government agencies, utilities, institutional applicators).
- Pesticide dealers and distributors (requirements for selling restricted‑use products).
- ND Department of Agriculture / Agriculture Commissioner and any licensing or pesticide regulatory boards (administration, enforcement, rulemaking, inspections).
- Equipment operators and pest‑control professionals who must meet certification, training, testing, labeling, and recordkeeping requirements tied to the adopted standard.
Practical impact and considerations
- Legal alignment: the statute explicitly adopts a federal certification standard (40 C.F.R. 171.101–171.107 as of 1/4/2017), which standardizes the state’s certification baseline and may affect who must be certified and the training/testing elements required.
- Administrative effects: the Agriculture Commissioner and agency staff will implement, interpret, and enforce the updated definitions and certification requirements—likely requiring updates to guidance, forms, dealer practices, and possibly rulemaking or administrative procedures.
- Compliance burden: applicators and dealers handling restricted‑use pesticides may need to confirm certification status, meet training/exam requirements, and follow any clarified labeling/recordkeeping obligations.
- Enforcement/penalties: the bill updates statutory sections related to control and enforcement; consult the full enrolled text for exact changes to penalties or procedural enforcement authorities.
Limitations / next steps
- The posted bill text is partially truncated for some amended sections. For complete operational details (fees, exact certification mechanics, recordkeeping, penalties, and implementation timelines), review the full enrolled bill and any subsequent administrative rules or guidance issued by the North Dakota Department of Agriculture.
