Section 60-03-01-07 - Recordkeeping - Commercial, public, and private applicators and dealers1.Dealers. Every pesticide dealer shall keep separate, accurate, and complete records of all of the dealer's purchases and sales of restricted use pesticides and all pesticides used under section 18 (emergency exemption) and section 24-c (special local needs) of FIFRA. Dealers shall positively identify all purchasers of restricted use pesticides using any trustworthy proof of identification. If a restricted use pesticide is to be delivered to a person other than the certified applicator making the purchase, the dealer must have a completed and signed authorization to receive restricted use pesticides form on file for the purchaser for the current year. The records must include the following for each pesticide purchased or sold:a. Purchases. (1) Dealer's name and address.(2) Pesticide trade name and environmental protection agency registration number, if available.(3) Quantity of pesticide.(4) Date pesticide was shipped or received.(5) Name of the person from whom the pesticide was received.b. Sales. (1) Dealer's name and address and identification of the person making the sale.(2) Name, address, certification number, and signature of the certified applicator making the purchase.(4) Trade name and environmental protection agency registration number, if available.(5) Quantity of pesticide.(6) Accurate inventory by product.(7) Certification class and expiration date of the certification.(8) Intended application site or intended crop for all pesticides used under section 18 of FIFRA.(9) Dealers shall positively identify all purchasers of restricted use pesticide products.2.Commercial or public applicators. Commercial and public applicators shall keep a record of all pesticide applications and of the use or disposal of all pesticide rinsate. The record must be made within twenty-four hours of the pesticide application or the use or disposal of the pesticide rinsate. A copy of the record must be provided to the applicator's client as soon as possible, not to exceed thirty days, unless the applicator has on file a signed letter from the client waiving the right to receive a copy. The record must include for each application:a. Name and address of the person for whom the pesticide was applied.b. Legal description of the land, grain bin identification, railcar number, or other description of where the pesticide was applied. c.Pest or pests controlled.d. Start and completion time of the pesticide application (month, day, year, and hour).e. Person who supplied the pesticide that was applied, if other than the person making the application or that person's employer.f. Specific trade name and environmental protection agency registration number of the pesticide that was applied.g. Direction and estimated velocity of the wind and the estimated temperature of the outdoor air at the time the pesticide was applied. This requirement shall not apply to seed treatment applications or if bait is used to attract the pest or pests or if the application is made indoors.h. Amount of pesticide used, including:(1) Pounds [kilograms] or gallons [liters] per acre [.40 hectare] of formulated product.(2) Pounds [kilograms] or gallons [liters] of tank mix applied per acre [.40 hectare].i. Specific crops, commodities, and total acreage [hectarage] or other common identifying unit of measure to which the pesticide was applied.j. Description of equipment used in application.k. Signature and number of applicator, if any. I. Right-of-way applicators must record weather conditions and geographic location in two-hour increments.3.Private applicators. Private applicators shall keep a record of all restricted use pesticide applications. The record must be made within twenty-four hours of the pesticide application or the use or disposal of the pesticide rinsate. The record must include for each application: a. Legal description of the land, grain bin identification, or other description of where the pesticide was applied.b. State and completion time of the pesticide application (month, day, year, and hour).c. Specific trade name and environmental protection agency registration number of the restricted use pesticide that was applied.d. Amount of pesticide used, including:(1) Pounds [kilograms] or gallons [liters] per acre [.40 hectare] of formulated product.(2) Pounds [kilograms] or gallons [liters] of tank mix applied per acre [.40 hectare].e. Specific crops, commodities, and total acreage [hectarage] or other common identifying unit of measure to which the pesticide was applied.f. Signature and certification number of applicator, if any.N.D. Admin Code 60-03-01-07
Amended effective October 1, 1990; 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, 4-35-16