LAW

Revised Bulk Pesticide Rules

The North Dakota Department of Agriculture is accepting comments
on proposed rulemaking which would amend Article 60-03-01-10.5 of
the North Dakota Administrative Code (page 36 of the Pesticide
Act) which specifies bulk pesticide rules. The amendments concern
deliveries of bulk pesticides to farms or other end-use sites.
The EPA currently has a policy for bulk pesticides which has been
in effect since 1977. This policy is designed to permit the sale
of bulk pesticides without requiring a FIFRA Section 7
registration for each sale. (A sale of bulk pesticide is
considered repackaging and would therefore fall under FIFRA
registration requirements).

Since then, the agency has published a bulk pesticide Q & A
document on bulk pesticides. The agency specifically changed its
policy on one question on March 21, 1995 dealing with bulk
pesticide deliveries to farms or end-use sites.

EPA's change in policy allows a state to make it legal for
someone other than a registrant (such as a dealer) to deliver
pesticides in bulk directly to a farm even if the farm is not
registered as a producing establishment. The prior policy
required that the farm be registered as a producing establishment
if someone other than the registrant delivered the bulk
pesticide. This can only be made legal by amending the North
Dakota Administrative Code. The policy change also allows someone
other than the registrant to deliver pesticides in bulk to
end-use sites other than a farm, such as a field. 

The proposed amendments in the NDAC specify that a dealer can
deliver bulk pesticides to a farm or field site provided the
mini-bulk container was filled from a permanent bulk storage
container at the dealer's place of business. In no way can a
dealer circumvent the bulk pesticide storage rules by ordering
mini-bulks and selling out of mini-bulks. This practice is
strictly prohibited in the Pesticide Act.

Persons interested in submitting comments have until April 22,
1996. Comments can be sent to Barry Coleman, Department of
Agriculture Pesticide Division, 600 East Boulevard, State
Capitol, Bismarck, ND 58505-0020.

(Submitted by: Barry Coleman, Pesticide Director, North Dakota
Department of Agriculture).