03-08-84
PLAN FOR CERTIFICATION OF PESTICIDE APPLICATORS
ON THE FORT BERTHOLD RESERVATION
Pursuant to Section 4, paragraph (illegible)
Rodenticide Act of 1972, as amended (7-72A), Public law 92-516, the Fort
Berthold Reservation submits the following Reservation Plan for
certification of private and commercial pesticide applicators.
I. PARTICIPATING AGENCIES
The North Dakota Department of Agriculture (Department) and the North
Dakota Cooperative Extension Service (Extension) shall cooperate in the
implementation of this plan.
The cooperating agencies and responsible officials are as follows:
A. Lead Agency
The Tribal Council of the Three Affiliated Tribes of the Fort
Berthold Reservation has designated the Natural Resources Department
as the lead agency responsible for administering the Plan. The
designated lead agency and the principal responsible officials are
listed below:
1. Harley Texx Lone Bear Celeste Eagleman,
Administrator
Pesticides Control Coordinator Three Affiliated Tribes
Environmental Quality Division Natural Resources Department
Natural Resources Department P.O. Box 460
New Town, North Dakota 58763 New Town, North Dakota
58763
B. Cooperating Agencies
1. North Dakota Department of Agriculture
a. Kent Jones, Commissioner of Agriculture
State Capitol,
Bismarck, North Dakota 58501
b. Kevin Pfeifer, Director
Pesticide Division
North Dakota Department of Agriculture
Bismarck, North Dakota 58501
C. Coordination of Agencies
The Natural Resources Department is the lead agency responsible
for the overall coordination of tribal certification documents,
enforcement of tribal pesticide codes on all land within the exterior
boundaries of the Fort Berthold Reservation and the dessemination of
information concerning tribal and federal pesticide codes and
regulations to affected persons with in the reservation. The Natural
Resources Department is also responsible for suspending or revoking an
applicator's certification. The Natural Resources Department Reports
directly to the Tribal Council.
The North Dakota Department of Agriculture is the lead agency for
the Pesticide Applicator Certification Plan for the State of North
Dakota and enforces the State's pesticide laws and regulations and
federal pesticide laws and regulations in the State of North Dakota.
The North Dakota State Extension Service conducts the training
necessary for private applicator certification within the State and
assists commercial applicators obtain certification by providing the
appropriate training. Further, the Extension Service is responsible
for the development of commercial applicator certification examination
and to administer the examinations of applicators. The Extension
Service will be responsible for Reservation applicator training.
(See Extension Service letter, K. Soiseth, Attachment B). The
Reservation will utilize portions of the State certification
program in the Reservation Certification Plan.
The U.S. Environmental Protection Agency (EPA) will provide
training to Tribal representatives in the proper procedures to use
during an investigation and the proper documentation necessary to
build an enforcement case.
II. LEGAL AUTHORITY AND QUALIFIED PERSONNEL
The legal authority by which the Department of Natural Resources shall
administer the Plan is contained in the Fort Berthold Reservation
Pesticide Code. A copy of a Tribal Resolution #84-54-S affirming this
authority is contained herein (Attachment A).
Specific authorities citation:
A. Grounds for delaying, suspending and revoking certification of
applicators and assessing civil penalties are found in the Fort
Berthold Reservation Pesticide Code, Section X (Unlawful Acts),
and Section XII (Penalties).
B. Provisions for reviewing a certification for possible suspension or
revocation in the event of civil conviction based on FIFRA Section
14 (a) or of a tribal enforcement action are found in the Fort
Berthold reservation Pesticide Code, Section XI.
C. Provisions for right-of-entry by consent or warrant by appropriate
tribal officials at reasonable times for sampling, inspection, and
observation purposes are found in the Fort Berthold Reservation
Pesticide Code, Section XI.
D. Provisions that make it unlawful for persons other than certified
applicators or persons under their supervision to use restricted use
pesticides is contained in the Fort Berthold Reservation Pesticide
Code, Sections VII(A) (1), VII (B) (1), and X (1).
E. Provisions for requiring that certified commercial applicator keep
and maintain for at least two years records of routine operations on
kinds, amounts, uses, dates, and places of application of restricted
use pesticides, and for assuring that such records will be
available to appropriate Department officials, are found in the
Fort Berthold Reservation Pesticide Code, Section VII(A) and (3):
"The Department shall, upon written request, be furnished a copy
of such records by the commercial applicator."
It is expected that there will be in excess of one-hundred private
applicator and commercial applicators certified on the reservation.
Because of the relatively small number of applicators, the
administration and enforcement of this plan will only require a
part-time effort of one person. The Natural Resources Department
will serve as the responsible agency for the Tribal program.
III. ASSURANCE OF FUNDING
The Natural Resources Department Tribal pesticide enforcement activities
will be funded through a Cooperative Enforcement Grant from the U.S.
Environmental Protection Agency. If this funding source stops other
outside sources will be researched. If no other outside source, or
sources, can be found the Three Affiliates Tribes have the power of
taxation to support tribal government.
IV. REPORTS
A summary of Certification activities of the previous year will be
submitted to the Administrator of EPA Region VIII by October 1 each
year. This report will include the following information:
A. Total number of applicators, commercial and private, by category,
currently certified: and numbers of applicators, commercial and
private, by category, during the last reporting period.
B. Any changes in commercial applicator categories or subcategories.
C. A summary of enforcement activities related to use of restricted use
pesticides during the last reporting period.
D. Any significant proposed changes in required standards of
competency.
E. Proposed changes in plans and procedures for enforcement activities
related to use of restricted use pesticides for the next reporting
period.
F. Other reports as may be required by the EPA shall be submitted from
time to time to meet specified needs as required by 40 CFR 171.7(d)
(2).
G. Any other proposed changes from the State Plan that would
significantly affect the Tribal certification program.
V. CLASSIFICATION OF APPLICATORS
A. Commercial Applicators
The commercial applicator classification will apply to all certified
applicators who use or supervise the use of any restricted use pesticide
on any property other than for purposes of:
1. Producing any agricultural commodity on property owned or
rented by him or his employer, or
2. If applied without compensation other than trading of personal
services between producers of agricultural commodities, on the
property of another person.
B. Categories of Commercial Applicators
1. Agricultural Pest Applicator
a. Plant
This category includes commercial applicators using or
supervising the use of pesticides in production of
agricultural crops including without limiting the
foregoing, sunflowers, feed grains, soybeans and forage,
vegetables; small fruits, tree fruits and nuts, as well
as on grasslands and non-crop agricultural lands.
b. Animals
This category includes commercial applicators using or
supervising the use of pesticides in production of
agricultural crops including without limiting the
foregoing, beef cattle, dairy cattle, swine, sheep,
horses, goats, poultry and livestock, and to places on
or in which animals are confined. Doctors of Veterinary
Medicine engaged in the business of apply pesticides for
hire, publicly holding themselves out as pesticide
applicators, or engaged in the largescale use of
pesticides are included in this category.
2. Ornamental and Turf Pest Control
This category includes commercial applicators using or
supervising the use of pesticides to control pests in the
maintenance and production of ornamental trees, shrubs,
flowers, and turf.
3. Seed Treatment
This category includes commercial applicators using or
supervising the use of pesticides on seeds.
4. Aquatic Pest Control
This category includes commercial applicators using or
supervising the use of pesticides purposefully applied to
standing or running water, excluding applicators engaged in
public health related activities included in category 7 below.
5. Right-Of-Way Pest Control
This category includes commercial applicators using or
supervising the use of pesticides in the maintenance of public roads,
electric power lines, pipelines, railway right-of-way or other similar
areas.
6. Industrial, Institutional, Structural and Health Related Pest
Control
This category includes commercial applicators using or
supervising the use of pesticides in, on, or around food
handling establishments, human dwellings, institutions, such
as schools and hospitals, industrial establishments, including
warehouses and grain elevators, and any other structure and
adjacent area, public or private; and for the protection of
stored, processed, or manufactured products.
7. Public Health Pest Control
This category includes State, Federal, Tribal, or there
governmental employees using or supervising the use of
pesticides in public health programs for the management and
control of pests having medical and public health importance.
8. Regulatory Pest Control
This category includes State, Federal, Tribal, or other
governmental employee who or supervise the use of restricted
use pesticides in the control of regulated pests.
9. Demonstration and Research Pest Control
This category includes:
1. individuals who demonstrate to the public the proper use
and techniques of application of pesticides or supervise
such demonstration, and
2. person conducting field research with pesticides, and in
doing so, use or supervise the use of pesticides.
10. Vertebrate Animal Control
Applicators shall demonstrate by examination a practical
knowledge of pests, their identification, habitat requirements,
damage patterns, introduction, spread, life cycles$ and population
dynmatics as a basis for control strategy. They should know about
the importance of using non-chemical control methods such as
sanitation, habit modification, trapping, and frightening devices.
The applicator shall also have practical knowledge of the
potential for environmental contamination, non-target injury and
community problems resulting from the use of "restricted use
pesticide".
Included in the first group are such persons as extension specialists
and county agents, commercial representatives demonstrating pesticide
products, and those individuals demonstrating methods used in public
programs.
The second includes commercial applicators using or supervising the
use of any pesticides for the control of rodents, predators, or
birds.
C. Private Applicators
Certified applicators who use or supervise the use of any
restricted use pesticide for purposes of producing any Agricultural
commodity on property owned or rented by him or his employer, or
(if applied without compensation other than trading of personal
services between producers of agricultural commodities) on the
property of another person, shall be classified as a private
applicator.
D. Supervision of Non-Certified Applicators
Persons not certified may use restricted use pesticides under the
direct supervision of a certified applicator. The availability of
the certified applicator must be directly related to the hazard of
the situation. In any situation, where the certified applicator is
not required to be physically present, "direct supervision" shall
include verifiable instruction to the competent person as follows:
1. detailed guidance for applying the pesticide properly; and
2. provisions for contacting the certified applicator in the event
the applicant is made by a non-certified applicator. These
supervisory requirements shall be incorporated in the training
courses offered to private applicators and in the examination
process required of commercial applicators. Applicators using
pesticides, which are not classified as "restricted use", in or
around their own homes do not need to be certified.
VI. COMPETENCY STANDARDS FOR COMMERCIAL APPLICATORS
A. General Standards for all Categories of Certified Commercial
Applicators
All commercial applicators shall demonstrate practical knowledge
of the principles and practices of pest control and safe use of
pesticides. Testing shall be based on examples of problems and
situations appropriate to the particular category or subcategory
of the applicator's certification and the following areas of
compentency:
1. Labels & Labeling Comprehension
a. The general format and terminology of pesticide labels and
labeling;
b. The understanding of instructions, warning, terms,
symbols, and other information commonly appearing on
pesticide labels;
c. Classification of the product general or restricted; and
d. Necessity for use consistent with the label.
2. Safety - Factors including
a. Pesticide toxicity and hazard to man and common exposure
routes;
b. common types and causes of pesticide accidents;
c. Precautions necessary to guard against injury to
applicators and other individuals in or near treated areas;
d. Need for and use of protective clothing and equipment;
e. Symptoms of pesticide poisoning;
f. First aid and other procedures to be followed in case of a
pesticide accident; and
g. Proper identification, storage, transport, handling, mixing
procedures and disposal methods for pesticide and used
pesticide containers, including precautions to be taken to
prevent children from having access to pesticides and
pesticide containers.
3. Environment - The potential environmental consequences of the
use and misuse of pesticides as may be influenced by such
factors as:
a. Weather and other climatic conditions;
b. Types of terrain, soil or other substrate;
c. Presence of fish, wildlife and other non-target organisms;
and
d. Drainage patterns.
4. Pests - Factors such as:
a. Common factors of pest organisms and characteristics of
damages needed for pest recognitions;
b. Recognition of relevant pests; and
c. Pest development and biology as it may be relevant to
problem identification and control.
5. Pesticides - Factors such as:
a. Types of pesticides;
b. Types of formulations;
c. Compatibility, synergism, persistence and animal and plant
toxicity of the formulations;
d. Hazards and residues associated with use;
e. Factors which influence effectiveness or lead to such
problems as resistance to pesticides; and
f. Dilution procedures.
6. Equipment - Factors including;
a. Types of equipment and advantages and limitations of each
type;
b. Uses, maintenance and calibration.
7. Application Techniques - Factors including:
a. Methods of procedure used to apply various formulations of
pesticides, solutions, and gases, together with a
knowledge of (ILLEGIBLE TEXT) techniques of application
to use in a given situation;
b. Relationship of discharge and placement of pesticides to
proper use, unnecessary use, and misuse; and
c. Prevention of drift and pesticide loss into the
environment.
8. Laws and Regulations - Applicable State and Federal laws and
regulations.
B. Specific Standards of Competency for each Category of
Commercial Applicator
1. Agricultural Pest Control
A. Plant
Applicators must demonstrate practical knowledge of the
crops grown and the specific pests of those crops on
which they may be using pesticides. The importance of
such competency is amplified by the extensive areas
involved, the quantities of pesticides needed, and the
ultimate use of many commodities as food and feed.
Practical knowledge is required concerning soil and water
problems, re-harvest intervals, re-entry intervals,
phytotoxicity, and potential for environmental
contamination, non-target injury and community problems
resulting from the use of pesticides in agricultural areas.
B. Animal
Applicators applying pesticides directly to animals must
demonstrate practical knowledge of such animals and their
associated pests. A practical knowledge is also required
concerning specific pesticide toxicity and residue
potential since most animals will frequently be used for
food. Further, the applicator must know the relative
hazards associated with such factors as formulation,
application techniques, age of animals, stress and extent
of treatment.
2. Ornamental and Turf Pest Control
Applicators shall demonstrate practical knowledge of pesticide
problems associated with the production and maintenance of
ornamental trees, shrubs, planting, and turf, including
cognizance of potential phytotoxicity due to a wide variety of
plant material, drift, and persistence beyond the intended
period of pest control. Because of the frequent proximity of
human habitations to application activities, applicators in
this category must demonstrate practical knowledge of
application methods which will minimize or prevent hazards to
humans, pets, and other domestic animals.
3. Seed Treatment
Applicators shall demonstrate practical knowledge of types of
seed that require chemical protection against pests and factors
such as seed coloration, carriers, and surface active agents
which influence pesticide binding and may affect germination.
They must demonstrate practical knowledge of hazards
associated with handling, sorting and mixing, and misuse of
treated seed such as introduction of treated seed into food
and feed channels, as well as proper disposal of unused treated
seeds.
4. Aquatic Pest Control
Applicators shall demonstrate practical knowledge of the
secondary effects which can be caused by improper application
rates, incorrect formulations, and faulty application of
pesticides used in this category. They shall demonstrate
practical knowledge of various water use situations and the
potential of down stream effects. Further, they must have
practical knowledge concerning potential pesticide effects on
plants, fish, birds, beneficial insects and other organisms
which may be present in aquatic environments. These
applicators shall demonstrate practical knowledge of the
principles of limited area application.
5. Right-of-way Pest Control
Applicators shall demonstrate practical knowledge of a wide
variety of environments since rights-of-way can traverse many
different terrains, including waterways. They shall demonstrate
practical knowledge of the nature of herbicides and the need for
containment of these pesticides within the right-of-way area, and
the impact of their application activities in the adjacent areas
and communities.
6. Industrial Institutional, Structural and Health Related Pest
Control
Applicators must demonstrate a practical knowledge of a wide
variety of pests including their life cycles, types of
formulations appropriated for their control and methods of
application that avoid contamination of food, damage and
contamination of habitat and exposure of people and pets.
Since human exposure, including babies, children, pregnant
women, and elderly people, is frequently a potential problem,
applicators must demonstrate practical knowledge of the
specific factors which may lead to a hazardous condition,
including continuous exposure in the various situations
encountered in this category.
Because health related pest control may involve outdoor
applications, applicators must also demonstrate practical
knowledge of environmental conditions particularly related to
this activity.
7. Public Health Pest Control
Applicators shall demonstrate practical knowledge of
vector-disease transmission as it related to and influences
application programs. A wide variety of pests is involved,
and it is essential that they be known and recognized, and
appropriate life cycles and habitats be understood as a basis
for control strategy. These applicators shall have practical
knowledge of a great variety of environments ranging from
streams to those conditions found in buildings. They should
also have practical knowledge of the importance and
employment of such non-chemical control methods as
sanitation, waste disposal, and drainage.
8. Regulatory Pest Control
Applicators shall demonstrate practical knowledge of
regulated pests, applicable laws relating to quarantine and
other regulation of pests, and the potential impact on the
environment of restricted use pesticides used in suppression
and eradication programs. They shall demonstrate knowledge of
factors influencing introduction, spread, and population
dynamics of relevant pests. Their knowledge shall extend
beyond that required by their immediate duties since their
services are frequently required in other areas of the
country where emergency measures are invoked to control
regulated pests, and where individual judgments must be made
in new situations.
9. Demonstration and Research Pest Control
Persons demonstrating the safe and effective use of
pesticides to other applicators and the public will be
expected to meet comprehensive standards reflecting a broad
spectrum of pesticide uses. Many different pest problem
situations will be encountered in the course of activities
associated with demonstration, and practical knowledge of
problems pests, and population levels occuring in each
demonstration situations is required. Further, they should
demonstrate an understanding of pesticide-organism
interactions and the importance of integrating pesticide use
with other control methods. In general, it would be expected
that applicators doing demonstration pest control work
possess a practical knowledge of all of the standards
detailed in Section 171.4 (b) of FIFRA. In addition, they
shall meet the specific standards required for categories
(1) through (7) and (11) of this section as may be applicable
to their particular activity.
Persons conducting field research or method improvement work with
restricted use pesticides would be expected to know the general
standards detailed in 171.4(b) of FIFRA. In addition, they shall be
expected to know the specific standards required for categories (1)
through (9) of this section, applicable to their particular activity, or
alternatively, to meet the more inclusive requirements listed under
"Demonstration".
10. Vertebrate Animal Control
Applicators shall demonstrate by examination a practical
knowledge of pests, their identification, habitat
requirements, damage patterns introduction, spread, life
cycles, and population dynamics as a basis for control
strategy. They shall have a practical knowledge of the
relative toxicity of available pesticides and the laws
governing their use to allow selection of the most safe and
effective choice. These applicators shall have a practical
knowledge of a great variety of environments ranging from
streams and rangeland to those conditions found in buildings.
They should know about the importance of using non-chemical
control methods such as sanitation, habit modification,
trapping, and frightening devices. The applicator shall
also have practical knowledge of the potential for
environmental contamination, non-target injury and community
problems resulting from the use of restricted use pesticides.
The Vertebrate Pest Control category has been added to the ten Federal
categories to accomodate special reservation circumstances. The
addition of this category will provide applicators controlling
vertebrate pests with the necessary competence in unique pest control
situations. Also, the addition of this category will provide the needed
uniformity between the North Dakota State Plan and the Reservation Plan.
These certification categories are identical to the categories used by
the State of North Dakota. The certification categories used by the
Department of the Interior (DOI) also directly correspond to Tribal
certification categories with the exception that DOI provides
certification in a category entitled Forest Pest Control which neither
the Tribal Plan nor the State of North Dakota plan include as a
category. There is no forestry use of restricted pesticides on the Fort
Berthold Reservation. Any DOI employee requesting certification in
Forest Pest Control will not be issued a Tribal certificate for that
category and will not be allowed to apply restricted use pesticides on
the Reservation.
C. Exemptions
The above standards do not apply to the following persons of these
regulations:
1. Persons conducting laboratory type research involving restricted
use of pesticides; and
2. Doctors of Medicine and Doctors of Veterinary Medicine applying
pesticides in drugs or Medication during the course of their
normal practice.
VII. Compentency Standards for Private Applicators
A. Recognize common pests to be controlled and damage caused by them.
B. Read and understand the labeling information - including the common
name of pesticide to be applied; pest; pest(s) to be controlled;
timing and methods of application; safety precautions; any
pre-harvest or re-entry restrictions; and any specific disposal
procedures.
C. Apply pesticides in accordance with label instructions and
warnings, including the ability to prepare the proper
concentration of pesticide to be used under particular
circumstances taking into account such factors as area to be
covered, speed at which application equipment will be driven, and
the quantity dispensed in a given period of time.
D. Recognize local environmental situations that must be considered
during application to avoid contamination.
E. Recognize poisoning symptoms and procedures to follow in case of a
pesticide accident.
VIII. Reservation Certification Procedures
The Fort Berthold Reservation is a government situated within the
boundaries of the State of North Dakota. This intimate territorial
relationship existing between the Reservation and the State suggests
the need to institute comparable certification plans and procedures.
The State has developed commercial applicator examinations and
examination procedures and a private applicator training program. To
avoid duplicating the State's certification efforts, the Reservation
certification mechanism will utilize much of the existing North Dakota
State program. This approach will not prevent the Reservation from
instituting other and/or additional requirements or procedures as Three
Affiliated Tribes shall deem desirable.
A. Commercial Applicators
The Reservation commercial applicator categories and standards are
the same as those adopted by the State of North Dakota because the
Fort Berthold Reservation has incorporated North Dakota's
categories and standards as its own. To obtain a Reservation
commercial applicator credential, the applicant must present a
current valid North Dakota State certification credential or an
approved DOI applicator certificate. The Department will issue to
the applicant a Reservation commercial applicator credential, for
the same categories found on the the State or Federal credential
except for the Forest Pest Control category. Further, the
expiration date of the Reservation credential will be the same as
that printed on the State and DOI credential. The State and DOI
certification period is three years. Recertification is
obtained by the same method as initial certification.
B. Private Applicators
(illegible)
Reservation are the same as those required by the State of North
Dakota because the Fort Berthold Reservation has incorporated North
Dakota's standards of competency as its own. To obtain a
Reservation private applicator credential, applicants must present
a current valid North Dakota State credential. The State
certification period is five years. Recertification is obtained
by the same method as initial certification. DOI does not provide
private applicator certification.
C. Recertification
Commercial applicators must be recertified every year. Renewal for
private applicators must be recertified every five (5) years. The
methods for obtaining recertification are the same as those given in
Section A and B of this portion of the Plan.
D. Certification on Non-English Reading Applicants
Since pesticide Labels are printed in English;
a. Tribal members who cannot read English will be assisted by a
bilingual interpreter who will assist them in the
certification process.
b. All other persons who cannot read English will be assisted by a
bilingual interpreter who will assist them in the
certification process.
E. Reciprocity
Since the Reservation certification program utilized the North
Dakota State Certification procedures, it is impractical for the
Reservation to offer reciprocity to out-of-State applicators. If
other Federal agencies develop EPA approved certification plans,
the Tribe will review those plans as needed to determine if Tribal
certification can be offered.
F. Certification Documents
The Department will issue certification documents to applicants who
meet the criteria set forth in the Fort Berthold Reservation
Certification Plan. The private applicator certification document
is shown as attachment C. The commercial applicator certification
document is shown as attachment D.
IX. MAINTENANCE OF THE FORT BERTHOLD RESERVATION
CERTIFICATION PLAN
The Fort Berthold Reservation Certification Plan will be maintained
through a cooperative training and examination program with the North
Dakota Cooperative Extension Service and the North Dakota Department of
Agriculture. Enforcement of the Plan and Fort Berthold Reservation
Pesticide Code will be the responsibility of the Natural Resources
Department. (The Department will hire one Pesticide Enforcement
Officer who will be responsible for both field enforcement activities
and administration of the Fort Berthold credentials program.)
This plan is designed to take advantage of the certification training
and examination mechanisms offered by the State of North Dakota.
Should it be determined that further restrictions should be imposed and
implemented in an effort to more adequately protect the Reservation
environment from pesticide use hazards, the Tribal Council will formally
approve an appropriate amendment to the Plan for the purpose of
authorizing the imposition and implementation of any such further
restriction; provided, however, that, should any such amendment
potentially result in a substantial modification of or have a
significant effect upon the manner in which this Plan is administered,
prior approval of such proposed amendment shall be secured from the EPA.
X. DEFINITIONS
For purposes of this plan:
A. The term "Administrator" means the Administrator of the
Environmental Protection Agency.
B. The term "agricultural commodity" means any plant or part
thereof, or animal, or animal product, produced by a person
(including farmers, ranchers, vineyardists, plant propagators,
Christmas tree growers, aquaculturists, floriculturists,
orchardists, foresters, or other comparable persons) primarily for
sale, consumption, propagation, or other use by man or animals.
C. The term "animal" means all vertebrate and invertebrate species,
including but not limited to man and other mammals, birds, fish,
and shellfish.
D. Applicators:
1. The term "certified applicator" means any individual who is
certified by the Natural Resources Department as authorized to
use or supervise the use of any restricted use pesticide.
2. The term "private applicator" means a certified applicator who
uses or supervises the use of any restricted use pesticide for
purposes of producing any agricultural commodity on property
owned or rented by him or his employer or (if applied without
compensation other than trading of personal services between
producers of agricultural commodities) on the property of
another person and those person not covered by commercial
applicators.
3. The term "commercial applicator" means a certified applicator
(whether or not he is a private applicator with respect to some
uses) who uses or supervises the use of any restricted use
pesticide for any purpose or on any property of another person.
4. Unless otherwise prescribed by its labeling, a pesticide shall
be considered to be applied "under the direct supervision of a
certified applicator" if it is applied by a competent person
acting under the instructions and control of a certified
applicator who is available if and when needed, even though
such certified applicator is not physically present at the
time and place the pesticide is applied.
E. The term "Code" means the Fort Berthold Reservation Pesticide code.
F. The term "Department" means the Three Affiliated Tribes Natural
Resources Department.
G. The term "Council" means the Three Affiliated Tribes Tribal Council.
H. The term "EPA" means the U.S. Environmental Protection Agency.
I. The term "district court" means a United States district court.
J. The term "environment" includes water, air, land, and all plants and
man and other animals living therein, and the inter-relationships
which exist among these.
K. The term "FIFRA" means the Federal Insecticide, Fungicide and
Rodenticide Act, as Amended (1972, 1975, and 1978).
L. The term "insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented, for the most part belonging to the class insects,
comprising six-legged, usually winged forms, as for example,
beetles, bugs, bees, flies, and to other allied classes of
arthropods whose members are wingless and usually have more than
six legs, as for example, spiders, mites, ticks, centipedes, and
wood lice.
M. Label and Labeling:
1. The term "label" means the written, printed, or graphic matter
on, or attached to, the pesticide or device or any of its
containers or wrappers.
2. The term "labeling" means all labels and all other written,
printed or graphic matter:
a. accompanying the pesticide or device at any time; or
b. to which reference is made on the label or in literature
accompanying the pesticide or device, except to current
official publications of the Environmental Protection
Agency, the United States Departments of Agriculture and
Interior, the Department of Health, Education and
Welfare, State experiment stations, State agricultural
colleges, and other similar Federal or State institutions
or agencies authorized by law to conduct research in the
field of pesticides.
N. The term "land" means all land and water areas, including airspace,
and all plants, animals, structures, buildings, contrivances, and
machinery appurtenant thereto or situated thereon, fixed or
mobile, including any used for transportation, within the exterior
boundaries of the Reservation.
O. The term "pest" means:
(1) any insect, rodent, nematoda, fungus, weed, or
(2) any other form of terrestrial or aquatic plant or animal life
or virus, bacteria, or other micro-organism (except viruses,
bacteria, or other micro-organisms on or in living man or other
living animals) which the Administrator declares to be a pest.
F. The term "pesticide" means:
(1) any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, and
(2) any substance or mixture of substances intended for use as a
plant regulator, defoliant, or desiccant: Provided, that the
term "pesticide" shall not include any article
(1) (a) that is a "new animal drug" within the meaning of
Section 201(w) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(w)),
(b) that has been determined by the Secretary of Health,
Education, and Welfare not to be a new animal drug by a
regulation establishing conditions of use for the
article, or
(2) that is an animal feed within the meaning of Section
201(x) of such Act (21 U.S.C. 321(x)) bearing or
containing an article covered by clause (1) of this
proviso.
Q. The term "protect health and the environment" and "protection of
health and the environment" mean protection against any
unreasonable adverse effects on the environment.
R. The term "person" shall include natural persons, both members and
non-members of the Three Affiliated Tribes, associations,
partnership, corporations, and other organizational entites.
S. The term "restricted use pesticide" means any pesticide formulation
which is classified for restricted use by the Department.
T. The term "Commissioner" means the Commissioner of the North Dakota
State Department of Agriculture.
U. The term "State" means the State of North Dakota.
V. The term "unreasonable adverse effects on the environment" means any
unreasonable risk to man or the environment, taking into account the
economic, social, and environmental costs and benefits of the use of
any pesticide.
W. The term "weed" means any plant which grows where not wanted.
X. The term "wildlife" means all living things that are neither human,
domesticated, nor, as defined in this Code, pests, including but not
limited to mammals, birds, and aquatic life.
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