Section 60-03-01-06 - Pesticide mixing, filling, and application - Storage -Transportation - Disposal1.Mixing, filling, and application.a. All pesticides must be used in accordance with the labeling.b. Pesticide applications must be made in a manner that prevents off-target discharges of pesticides.c. Pesticide application equipment or equipment used to fill application equipment that is designed to draw water from surface water must have a properly functioning antisiphoning device attached to the inlet hose.d. Applications must not occur when the atmospheric conditions favor the off-target drift of pesticides or prevent the proper deposition of pesticides to the target area.e. Pesticides must be applied in a manner that minimizes exposure to animals. Unless permitted by the labeling, an applicator shall take all reasonable precautions to prevent a pesticide from being applied if unprotected persons are present within the application site or are present in adjacent areas when off-target drift may occur.f. Pesticide applicators and persons assisting with an application shall follow all safety precautions as specified on the labeling.g. All equipment used in pesticide mixing, filling application equipment, and application must be operationally sound and properly calibrated to prevent adverse effects on the environment.h. Any commercial or public applicator who mixes, fills application equipment, or otherwise uses pesticides shall have immediate access to a spill kit at the filling site. The spill kit requirement does not apply to a person using only ready-to-use pesticides.i. The labeling, a legible reproduction of the labeling, or a specimen labeling of the pesticides being applied must be at the application site during the application. Aerial applicators must have the labeling available at the filling site.2. Storage.a. All pesticides, except bulk pesticides, must be stored in their original container and in accordance with labeling recommendations. All labeling of stored pesticides must be plainly visible. All pesticide containers must have a proper label affixed to them.b. All pesticides must be stored in dry, well-ventilated spaces, and in a manner that will not endanger humans, animals, or the environment, nor contaminate food, feed, seed, or any goods intended for consumer distribution, through a release or escape of pesticide products.c. If a storage area contains a floor drain, it must be sealed or self-contained.d. Pesticide storage areas containing products intended for distribution or use by commercial or public applicators and dealers must be marked at all entrances. Storage areas containing only hard surface disinfectants are exempt from this requirement.e. Label-specific safety equipment for all pesticides stored must be available at the immediate storage site.f. Stored pesticides must be secured in a manner that prevents children, unauthorized persons, or animals from gaining entry or access to them. Security of a pesticide storage area is achieved when normal points of access are closed and locked while unattended and the structural integrity of the area prevents access by other than normal means.3.Transportation.a. All pesticides, except bulk pesticides, must be transported in their original containers. All pesticides must be transported in a secure manner to avoid breakage of containers, spills, or any other manner of contamination.b. Pesticides must not be transported with foodstuffs, feed, or any other product or material so as to pose a hazard to humans, animals, or the environment.c. Pesticides in an unattended transport vehicle must be secured to prevent children, unauthorized persons, or animals from gaining access.d. Equipment contaminated while transporting pesticides must be cleaned and decontaminated prior to any other use.4.Disposal.a. Empty pesticide containers must be stored in accordance with label recommendations and in a manner that will not endanger humans, animals, or the environment.b. Empty nonreturnable pesticide containers must be triple-rinsed or the equivalent on the day of their use. Secondary use of such containers that would endanger humans, animals, or the environment is prohibited.c. Pesticide containers must be disposed of in accordance with labeling directions and in a manner that will not endanger humans, animals, or the environment.N.D. Admin Code 60-03-01-06
Amended effective April 15, 1985; October 1, 1990; July 1, 1992; May 1, 1994; March 1, 1996; March 1, 2003; July 1, 2004; January 1, 2013.General Authority: NDCC 4-35-06
Law Implemented: NDCC 4-35-06, 4-35-20