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FARGO December 14, 2004 — Two North Dakota pesticide dealers were recognized during the annual meeting of the North Dakota Agricultural Association (NDAA) at the recent Northern Ag Expo at the Fargodome in Fargo.

Agriculture Commissioner Roger Johnson presented the 2004 North Dakota Outstanding Pesticide Dealer of the Year awards to Perry Faul, Harvey, and Troy Olson, Langdon, and the 2004 Outstanding Pesticide Applicator of the Year award to BTR Farmers Co-op of Leeds.

"Mr. Faul, Mr. Olson and BTR Farmers Co-op exemplify customer service and environmental stewardship in the sale and application of pesticides," Johnson said. "North Dakotans are indeed fortunate to have people and companies of this caliber distributing and applying agricultural chemicals in our state."

"The North Dakota Agricultural Association sponsors this award to promote good stewardship of soil, water and air through the safe and proper use of plant nutrient and crop protection products," said Gary Knutson, NDAA executive director. "We are proud to recognize people and companies that excel in customer service and environmental awareness."

Faul joined Harvey Farmers Elevator in 1986 and has served as manager of the company's fertilizer and chemical division since 1997. He oversees specialized pesticide and bulk chemical sales, as well as custom fertilizer and chemical applications.

"It takes a team of people to serve customers," he said. "Our goal is to provide superior goods, services, markets and knowledge to our customers at competitive prices."

Olson is operations supervisor for Simplot Growers Solutions of Langdon, where he has worked since 1988.

"I believe the Simplot mission statement — to provide crop enhancement products and agronomic services to maximize grower returns in an environmentally responsible manner with primary emphasis on providing exceptional customer service — says it all," Olson said.

Both Faul and Olson said the awards were made possible by the work of their respective colleagues.

Nels Nelson, Barb Henderson, Kirk Randle and Randy Sebelius accepted the applicator of the year award on behalf of BTR Farmers Co-op. BTR is a farmer-owned and operated cooperative with a new facility at Leeds.

There are nearly 7,000 certified commercial applicators and more than 100 pesticide dealerships in North Dakota.

The winners were nominated by North Dakota Department of Agriculture consumer protection inspectors.

Cooperation Resulted in Recovery of Cyanide

BISMARCK October 13, 2004 — Following the recovery of a container of deadly sodium cyanide, authorities are continuing their investigation into the shipment and probable illegal use of chemical in North Dakota.

"Finding that barrel was obviously the number one priority," said Agriculture Commissioner Roger Johnson. "Now that it is in safe hands, it is time to find out how and why it got here in the first place."

The 110-pound container of Cyanobrik^® was found late Wednesday, deep in some cattails in a ditch along N.D. Highway 1, three miles south of Brocket. It had been reported missing Sept. 30, when it fell off a truck. Two other drums that had fallen off the truck had been found earlier.

"Ramsey County Sheriff Steve Nelson and his department did an outstanding job in leading the search for that container," Johnson said. "Thanks to them and to the cooperation of many agencies, a potential tragedy was avoided."

North Dakota Department of Agriculture (NDDA) pesticide personnel Jim Gray, Doug Johnston, Ken MacDonald and Julie Tronson, and Duane Mills, Memphis, TN, a representative of DuPont, manufacturer of the chemical, also took part in the search. It was Mills who actually found the keg about 6:30 p.m.

Searchers covered more than 20 miles on foot and on all-terrain vehicles Wednesday, looking for the container.

Agencies involved included the Devils Lakes Fire Department and Rural Fire Department, Ramsey County Emergency Management, the Nelson County Sheriff's Office, Lakota Fire Department, North Dakota State Health Department, the State Department of Emergency Management, the North Dakota Department of Transportation, the Highway Patrol, the State Crime Laboratory and the Bureau of Criminal Investigation, as well as Ramsey County authorities. The case initially drew the attention of the U.S. Department of Homeland Security and the FBI, but after it was learned that the chemical was intended for beekeeping, it became an agricultural regulatory matter and NDDA took the lead role.

Johnson said that some North Dakota beekeepers have apparently been using sodium cyanide to fumigate their hives before transporting them to other states.

"Such use has long been illegal and must stop," Johnson said. "We intend to find out how and where the chemical was obtained and who has been using it. We will then take the proper administrative action at the conclusion of our investigation, which will likely take months to complete."

Since the incident was first reported, NDDA investigators have located 18 containers of sodium cyanide at five locations in North Dakota. All have been tagged with stop-sale orders. All have been traced to the same dealer and represent the dealer's entire sales of the chemical this year.

Sodium cyanide is used in extracting precious metals, case-hardening steel and electroplating. It has no registered agricultural use.

Johnson said that there is no evidence that honey is not safe to eat. It is believed that the cyanide gas is used to disinfect the hives after the honey is removed. Such use poses no risk to honey consumers, but could possibly endanger the persons handling the cyanide or the environment.

Coordinators Comments

For those of you who missed it, in late September 2004 the North Dakota Department of Agriculture (NDDA) uncovered an illegal pesticide use in a large beekeeping operation. The beekeepers were using a witches' brew of sodium cyanide, water and sulfuric acid to fumigate bee hives for parasitic moths and stray bees.

Ordinarily, this would not have been made public, but in the course of the investigation the NDDA discovered that a drum of sodium cyanide was unaccounted for and likely lost along a state highway in northeastern North Dakota. The NDDA needed to alert the public to appeal for help in recovering the keg and warn people who might come across this stuff. (See the news release from Oct. 8, 2004, page 3.)

The good news is, they found all the missing cyanide a few days later. (See the news release from Oct. 13, 2004, page 1.)

The bad news is, the NDDA found this was not an isolated incident. Based on sales records and interviews, investigators believe more than a handful of beekeepers in North Dakota are involved. The investigators have recovered the cyanide and they are turning their attention to finding all of the sodium cyanide sold in and outside of the state. It has become a multistate investigation and the Environmental Protection Agency's federal enforcement people are involved. (See the EPA fact sheet that went out nationally to beekeepers in December 2004.)

So many rules and regulations have been violated that knowing where this thing will end is very difficult. This arguably is the biggest pesticide incident in North Dakota in the past decade or more. Further, it has attracted the eye of the feds, it has attracted the eye of the news media, it has surprised regulators generally because the actions were so far out of the realm of acceptable, and it is a miracle (based on what we know) that no one has been seriously hurt or killed during the course of using this product.

I share all of this with you not because anyone of you would use these products in this manner, but to remind you that as pesticide users, we all get blamed equally by the uniformed general public. That is too bad, but it's reality.

We can only hope that the various regulatory agencies are successful in pursuing this matter and those responsible get the message through enforcement actions that this sort of practice is not OK.

On lighter note

I am happy to announce that Julie Anderson joined the pesticide program as an administrative secretary Oct. 27. Essentially, she is taking over the tasks and responsibilities that Tammy Erdmann covered for us (financial responsibility and general program support.)

She has significant experience with the Moorhead School District and Prudential Insurance. Plus, she has a good sense of humor and a pleasant demeanor, which will make working with her a joy. We are excited to have her!

Her contact information is:

Julie Anderson
Telephone: (701) 231-6274
E-mail: janderso@ndsuext.nodak.edu

Andrew A. Thostenson
Pesticide Program Specialist

Illegal Use of Sodium Cyanide

The U.S. Environmental Protection Agency (EPA) and state departments of agriculture recently were alerted that some beekeepers have been using sodium cyanide compound to control pests in their honey bee colonies/hives. Specifically, apiarists have been purchasing and using a sodium cyanide compound as a fumigant in beehives to destroy or mitigate wax moths¹, including the caterpillar and larvae, as well as to cull weaker hives. These practices are illegal and have the potential for serious harm to human health and the environment.

All pesticides distributed in the United States must be registered by the EPA. The federal pesticide law (the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA) defines "pesticide" to include any substance intended for controlling, mitigating or destroying pests. A substance is a pesticide and requires registration as such if the person distributing the substance (1) makes claims, either expressed or implied, that the substance can be used as a pesticide, or (2) distributes the substance with the knowledge that the substance will be used to control pests. Any individual selling or distributing sodium cyanide compound for mitigating any pest, including the wax moth, caterpillar and larvae, or any other pest for use in beehives or colonies is selling and distributing an unregistered pesticide and subject to penalties of up to $6,500 per violation under FIFRA.

No sodium cyanide or similar cyanide compound products are registered by the EPA for pest control in honey bee colonies/hives. Also, no residue tolerances have been established for any cyanide compound in honey or beeswax. Honey analyzed and found to contain any cyanide compound residue would be considered adulterated under the Federal Food, Drug and Cosmetic Act, and could be seized. The seizure of honey due to adulteration with a highly toxic chemical would be detrimental to the entire apiary industry.

Further, use of sodium cyanide in an apiary setting can be extremely dangerous. The compound is highly toxic to humans and other warm-blooded animals, and it is a Toxicity Category I compound — EPA's highest toxicity level for pesticides. This rating indicates the greatest degree of acute toxicity for oral, dermal and inhalation effects. It is highly corrosive to the skin and eyes. Cyanide can be absorbed through the skin and its vapor is absorbed extremely rapidly via the respiratory tract.

Beekeepers who are in possession of the highly toxic, unregistered sodium cyanide compound or related products should contact their state agricultural agency for instructions on proper storage and disposal of the product. The state agricultural agency also can provide information on registered pesticides, such as paradichlorobenzene and aluminum phosphide products, that are legal to use to mitigate pests in honey bee colonies/hives.

Authorities Intensify Search for Cyanide Barrel

BISMARCK October 8, 2004 — North Dakota authorities are intensifying efforts to locate a container of highly toxic sodium cyanide that apparently fell off a truck along a 125-mile stretch of highway in the northeastern part of t he state.

"Anyone who comes across this container should call the Ramsey County sheriff or the North Dakota Department of Agriculture immediately," said Agriculture Commissioner Roger Johnson. "People should not try to bring the container in by themselves but should contact the authorities and let them know exactly where it is."

Johnson said anyone who finds the container should have no hesitation in reporting it.

The Ramsey County sheriff's number is (701) 662-0700; the North Dakota Department of Agriculture (NDDA) can be reached at 1-800-242-7535.

The 110-pound, black steel drum is labeled "Cyanobrik^®," a DuPont trademark, and is clearly marked as toxic. It is believed to have fallen off a truck between Cavalier and Devils Lake along North Dakota Highways 5 and 1 and U.S. Highway 2. Two other drums were located earlier on Highway 1 between Lawton and Brocket.

Sodium cyanide is used in extracting precious metals, case-hardening steel and electroplating. It has no registered agricultural use.

"After it was determined that the chemical was being transported here for use as a pesticide, it became an agricultural regulatory matter," Johnson said. "We understand that some beekeepers have been illegally using sodium cyanide as a fumigant."

Johnson said it is believed that the chemical is applied to beehives to kill parasites only after the honey has been removed.

The matter first came to the attention of authorities Sept. 30, when health officials in Devils Lake informed NDDA that two 110-pound containers of sodium cyanide had been found near Lakota. Since then, NDDA pesticide inspectors have found drums of the chemical in various locations in the state. All containers have been tagged with stop-sale orders.

Johnson said NDDA is now the lead agency in the investigation that has drawn the attention of the Department of Homeland Security, the FBI, the State Health Department, the State Department of Emergency Management, the North Dakota Department of Transportation, the Highway Patrol and the Bureau of Criminal Investigation, as well as Ramsey County authorities.

"All the participating agencies are still monitoring the situation or are actively involved in the investigation," Johnson said. "The level of cooperation is really tremendous. Right at this moment, the Highway Patrol has a plane up in the air with one of our pesticide people looking for that drum."

Pesticide Violations by the NDDA from 2004

First Name Last Name Firm City ST Violation Fine Paid

Ron Aberle Aberle Farms Menoken ND Label 625 300

Ronald Allen Roberts Aerial Spraying Midlothian TX Label 600 600

Linus Allmaras Private New Rockford ND Illegal Fumigant Purchase 400 200

Richard Altendorf Northland Aero Spray Northwood ND Label 750 750

Fred Andersen Aviation Services Inc. Minot ND Label (repeat) 1375 625

Russell Anderson Cenex/Harvest States Aneta ND Incomplete Records 200 200

Kim Bayne Farmers Union Oil Oslo MN Not Certified - Applied 200 200

Duane Berg Private Farmer Williston ND Label 625 300

Steven Bootz Orkin Pest Control Atlanta GA Not Certified, Records 1775 1775

Michael Christenson Michaels Lawn Service Bismarck ND Not Certified, Records 100 100

Tom Corbin Northern Improvement Bismarck ND Not Certified, No Records 300 300

Brian Dinger Cenex/Harvest States McVille ND Illegal Chemical Sales, Records 625 625

Lee Duckstad Bayview Spraying Fertile MN Not Certified, No Records Supplied 1500 100

Jim Erickson Tessman Fargo ND Illegal Sales 400 400

Duane Feiring Private McHenry ND Illegal Tordon Purchase 100 100

Kyle Frappier Private McHenry ND Illegal Fumigant Purchase 50 50

Josh Hecker Missouri Basin Well Service Belfield ND Incomplete Application Records 200 200

Troy Jangula 4 Star Ag Services Hazelton ND Incomplete Application Records 200 200

Neil Johnson Johnson Farms Cummings ND Label 600 600

Scott Johnson Farmer Manvel ND Label 300 300

Mike Kasowski Private Casselton ND Illegal Purchase, Was Not Recertified 550 550

Jason Kusmenko Kusmenko Kustom Farming Hazen ND Careless & Negligent, (repeat) 1375 1375

Don Lachowitzer Wimmer Apts Fargo ND Not Commercially Certified 300 300

Gene Langley Private Warwick ND Illegal Fumigant Purchases 400 400

Craig Leas North Central Grain Rolla ND Illegal Pesticide Sales 400 400

Kent Legler Kent Legler Farms Jamestown ND Label 625 625

Steve Loberg Farmer Fargo ND Label 625 625

Eric Mairs Larson Grain Co. LaMoure ND No EPA Establishment # On Shuttles 200 200

Robert Matejcek Matejcek Farms Wahpeton ND Label 600 600

Rodney Mattern Mattern Spray Service New Rockford ND Label 950 950

Jeff Mattys Pro Air Service Hillsboro ND Careless & Negligent, Label 4200 2000

Robert Craig Mehling Mehling Spraying Service Hardin MT Label, WPS, Endangered Species 2175 1000

Russell Neumiller Bremen Elevator Bowdon ND Label - Drift 625 625

Ronald Novack Farmer Minot ND Label (Drift) 625 625

Neil Pederson Private Farmer Valley City ND Label, Drift (2) Low Water Amount 1775 1775

Rod Prosser Barlwo Grain Carrington ND Illegal Fumigant Sales 200 200

Neil Reiten Private Applicator Petersburg ND Illegal Asana XL Purchase 200 200

Blane Robert Robert�s Aerial Service LaMoure ND Label 625 625

Blane Robert Robert�s Aerial Service LaMoure ND Label 200 200

Monty Schaefer Private Carrington ND Illegal Fumigant Purchase 500 300

Mark Schlotman Mark�s Air Spray Valley City ND Applying When Conditions Favored Drift 625 625

Mark Schlotman Mark�s Air Spray Valley City ND Label 200 200

Glen Stoltman Farmers Union Oil Co. Oslo MN Not Certified - Applied 200 200

Bill Straily Nitro Green Bismarck ND Label 400 400

James Stutesman Northland Aviation Inc. Edgeley ND Application Recordkeeping 200 200

Jim Tallackson Farmer Grafton ND Label 625 625

Jeff Tuebner Private Cando ND Illegal Asana XL Purchases 150 150

Bill Van Ray Pingree ND Label - Windy Conditions 625 625

Richard Veralrud Farmers Union Oil Oslo MN Not Certified - Applied 600 600

Steve Weisenburger Private New Rockford ND Illegal Fumigant Purchases 400 200

John Wood Fessenden Co-op Esmond ND Not Certified - Applied 600 600

Robert Yri Farmers Equity Elevator Carrington ND Illegal Fumigant Sales 600 600

NDSU Advanced Crop Advisor Workshop _ Feb. 17 & 18 in Fargo

Preregistration Form

Advanced Crop Advisers Workshop

(Please print or type)

Name(s) _________________________________________________

________________________________________________________

Organization ______________________________________________

________________________________________________________

Address _________________________________________________

City_____________________________________ State___________

Zip_____________Phone ()_________________________________

e-mail ___________________________________________________

Fee: $125 per person requested by Feb. 14, 2005. Fee for one day attendance is $75. Please indicate day of attendance:q Feb. 17q Feb. 18 Fee after Feb. 14 is $150 ($100 for 1 day)

Please make check payable to: Advanced Crop Advisers Workshop

Return form and fee to: Advanced Crop Advisers Workshop
                                        c/o Greg Endres
                                        Research Extension Center
                                        Box 219
                                        Carrington, ND58421
                                        (701) 652-2951fax (701) 652-2055 e-mail: gendres@ndsuext.nodak.edu

Requests for accommodations related to disability should be made to Greg Endres at (701) 652-2951 by Jan. 31, 2005.

Please check any accommodations you may need during the workshop:

Sign language interpreter

FM amplification system (specify type_______________________________)

Audio-tape materials

Sighted guides for assistance to/from specific sessions

Large print

Braille

Other_________________________________________________________

Registration

Workshop fee is $125 per person ($75 for one day attendance). The fee covers the cost of refreshment breaks, meals, social and reference materials. A full refund of the preregistration fee will be provided if requested by Feb. 14.

A confirmation letter will be sent to those who have preregistered (completed form and paid fee) to confirm their enrollment in the workshop.

Lodging

Reservations for lodging may be made directly with motels in the Fargo/Moorhead area. A block of rooms has been reserved at a reduced rate until Jan. 17 at the Holiday Inn, their own lodging arrangements.

California Pesticide Drift Bill Signed Into Law

Editor's Note: This news release comes from Californians for Pesticide Reform, an environmental advocacy group. The actual law can be found at:

www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0351-0400 /sb_391_bill_20040930_chaptered.pdf

CALIFORNIA September 30, 2004 — A California bill providing relief to victims of pesticide drift was signed into law today by Governor Arnold Schwarzenegger. A coalition of farm worker, environmental health and rural organizations applauded passage of the Pesticide Drift Exposure Response Act, SB 391 (Florez-Escutia), which will provide for improved response to pesticide drift incidents and pay the uncompensated and acute medical bills of victims of exposure.

"We are thrilled that this law passed," said Martha Guzman, Legislative Advocate for California Rural Legal Assistance Foundation. "This is one step towards addressing the serious problem of responding to pesticide drift in our state. We look forward to making more progress in preventing these exposures from occurring in the first place."

In the past four years, California has experienced numerous incidents where pesticide applications have drifted outside the area of application including two consecutive nights of pesticide poisoning in the town of Lamont in have exposed well over a thousand people to pesticides that have resulted in short and long-term illnesses. Hundreds of thousands of people in California live in areas where they are at risk of health effects from pesticide drift. Frequently the communities most affected by pesticide drift are low income communities with limited access to medical care.

"This law is a good first step in protecting our rural communities," said Teresa DeAnda, Central Valley Representative for the statewide coalition, Californians for Pesticide Reform, that strongly supported the law. "We hope that it will raise the profile of pesticide drift as a serious risk to public health in the Central Valley and other agricultural areas in the state."

The Pesticide Drift Exposure Response Act (SB391 _ Florez-Escutia) will ensure that the victims of pesticide drift incidents are properly responded to and treated with respect. Many victims have been hosed down naked in front of others with a fire hose or left with hundreds of dollars worth of medical expenses that are never reimbursed. SB 391 will prevent the ill treatment of these victims and ensure immediate and proper response to each incident.

The Pesticide Drift Exposure Response Act will establish a reimbursement process to pay for the uncompensated and acute medical bills of victims of pesticide incidents and ensure proper response to pesticide drift incidents are included in counties' Hazardous Materials Response Plans.

More than 45 organizations supported the bill, including California Rural Legal Assistance Foundation, Californians for Pesticide Reform, Pesticide Action Network, United Farm Workers of America, Physicians for Social Responsibility-Los Angeles, California Medical Association, and the grower-organization Community Alliance with Family Farmers.

Cass County Fined for Pesticide Misuse

BISMARCK December 29, 2004 — An administrative penalty of $8,500 has been levied against Cass County for unlawful use of pesticides.

Citing the county's efforts to comply with federal and state regulations, Agriculture Commissioner Roger Johnson has suspended $5,125 of the $8,500 penalty on condition that the county has no further pesticide violations for the next two years.

"Cass County has taken aggressive action to correct the problems that came to light during a recent state investigation," Johnson said. "I am satisfied that the county is working hard to ensure that its pesticides are properly stored and applied."

Darrell Vanyo, chairman of the Cass County Commission, signed the consent agreement stipulating to the penalty.

The penalty stems from an August 2002 incident in which county employees dumped wastewater containing the herbicide Tordon^® onto a public right-of-way, damaging grass and trees. The complaint also alleged improper storage of pesticides, failure to protect employees from exposure to pesticides and making false statements.

North Dakota Department of Agriculture investigators alleged that county officials failed to direct employees to follow accepted pesticide safety standards and that they "failed to ensure that a safe and non-contaminated workplace was available for employees."

County employees told NDDA investigators that pesticides were stored and loaded in or near their work areas and that pesticide contamination of work and eating areas was commonplace.

Cass County acknowledged the dumping of the rinsate, but disputed the other allegations. Cass County States Attorney Birch Burdick said in a letter to the North Dakota attorney general's office, "the Cass County Commission embraces the concept of cooperatively resolving this disputed matter and moving forward, as is shown in the many steps it has already taken."

North Dakota Department of Agriculture Pesticide Complaint Summary 2004
A = AerialG = GroundU- Unknown

County Complaint Actions Taken

Walsh Grass dying in yard. No birds in yard. Suspects DDT contamination. U Soil Sampled. Nothing found.

Morton Lawn care businesses are applying weed and feed fertilizer products. Not Certified. G Under investigation

Foster Weed Board Sprayer sprayed private property when making ROW application G No Violation. Could not determine exact property line.

Grand Forks Neighbor in condominium is using space in walls to pump toxic pesticides into another condo unit. G No Violation

Cass Lawn Care applicator spraying in windy conditions G No violation. Winds were 10 to 12 MPH. No drift.

Logan Private applicator doing commercial work. Not certified G Still under investigation

Ransom Aircraft losing power, dumped load A No penalty. Pilot reported spill, Cleaned up site.

Richland Starane and Bronate drift into farmyard G $600- Label Violation

Barnes Farmer sprayed on two windy days. Drift into farmstead both days. G $1,200 Label Violations

Cass Caretaker sprayed vine-covered fence on neighbor�s property. G $300-Not certified

Traill Roundup drift onto soybeans G $600- Label Violation

Divide Neighbor spraying Roundup onto adjacent field. Wind blowing toward farmyard G $600-Label violation

Grand Forks Drift from nearby wheat field into farmstead A Pending

Ward Commercial applicator cleaned sprayer and dumped rinsate on road. G $5,000, $2,500 suspended for two years.

Grand Forks Neighbor sprayed boundary between their properties. G Dismissed- Property line must be surveyed to be sure of absolute line.

Williams Roundup drift onto trees near recreational area G $600-Label Violation

Traill Micro rates drift from sugar beet field onto corn A $600-Label Violation

LaMoure Discover, Sword, Starane drift onto corn field A $600-Label Violation

Morton Drift onto condominium association�s ornamentals and trees. A Pending

Stark Uncertified applicators are making commercial pesticide applications. G All applicators were certified. No violation.

Bowman Uncertified applicator from Montana is making pesticide applications in ND. G Still under investigation.

Mountrail Uncertified applicator advertising in local paper for commercial spraying G Warning letter-Had not made any commercial applications.

Williams Weed board killed trees when spraying. G $600 Label; $200 application records.

Renville Airplane not turning off booms when flying over road. A Dismissed-Could not prove. No cooperation from complainant

Mountrail Roundup drift onto field peas and barley A $600-Label Violation; pilot not certified $400; aiding and abetting-$500

Wells Honey extraction house was sprayed with a pesticide-all bees dead U Still under investigation

Cass Roundup drift onto conventional soybeans G Two private applicators appear to have drifted on field-$600 each

Adams Roundup drift into farmyard G Pending

Burke Roundup drift onto field peas. G $600-Label Violation

Dickey Elevator sprayed wrong field-Notified farmer immediately. G Warning letter

Mercer Improper disposal of pesticide. 2,4-D- Damaged flowers. G Extenuating circumstances-Warning letter.

Pierce Spray drift from wheat field into yard and garden G Pending

Cass Roundup drift onto foundation tomato stock G Pending

McHenry Bronate drift onto trees and personnel working in trees G Pending

Stutsman Drift from railroad right of way onto soybeans G Pending

Stutsman 200-acre sunflower field showing Phenoxy symptoms in all parts of field G Herbicide screen-no detects- no violation- cannot determine source of damage.

Barnes Roundup drift onto barley field- sprayer not cooperative U Pending

McHenry Pasture was sprayed when horses were in pasture-one horse died-another ill. Sprayer not cooperative. G Pending

Foster Roundup Ready beans appear to have Phenoxy symptoms G Waiting for sample result

Stutsman CRP sprayed with 2,4-D and Banvel- soybeans appear to have Phenoxy damage symptoms. G Waiting for sample results

Stutsman Aerial applicator sprayed confection sunflower field with Assert. Field appears damaged. Thinks the tank was contaminated. A Pending

McHenry Drift onto hay land, pasture and pickup. Pilot also landing on roadway to refill airplane. A Pending

Ward Lawn service sprayed Roundup on wrong yard. G Pending

Nelson Roundup drift onto barley field. Full quarter is allegedly damaged. A Pending

Barnes Drift onto soybeans from railroad right of way application. A Pending

Ramsey Rodeo drift onto farmstead. Killed garden and grass in yard. Also drifted into neighbor�s trees and yard. A Pending

Barnes Drift onto soybeans from railroad right of way. A Pending

Nelson-Ramsey Three Sodium cyanide barrels fell off truck- two recovered- one still lost. G Recovered all three barrels. National investigation is continuing.

Cass Soil contamination at mixing and loading site. G Site has been remediated. No penalty assessed.

Kidder Metam Sodium spill in rural area with shallow water table. Groundwater has detects of metam sodium. Company did not report spill. G $11,000 penalty assessed for not reporting and other violations. Also had to remediate site. We believe remediation costs are $25,000-$50,000.

Burleigh Applicators are not certified. Are applying weed and feed fertilizers to lawns and other areas. G Pending

2004-05 Commercial Pesticide Certification Calendar

Here are schedules you can use for planning your training needs over the next several months.

Pre-registration is required for all trainings. Registrations at the door will be taken on a space available basis.

If you pre-register you will receive a $10 discount. A Training Registration/Non-Training Study Material Form is included in this issue of the PQ. Pre-registration forms must be postmarked 10 days prior to the training date to receive the discount.

Online pre-registration is also available on the Web through our secure server. Electronic pre-registration forms can also be found for downloading and printing at www.ndsupesticide.org .

Initial trainings are designed for new applicators or dealers needing to prepare to take certification exams. Recertification trainings are structured to give currently certified applicators the information necessary to maintain or renew their certificates. Nontraining home study materials are available for those categories that are not on the training calendar.

Please note the EXAM DAYS the NDSU Extension Pesticide Program state office is offering in the upcoming training season. Commercial exams will be administered for all categories.

These trainings have been approved for Certified Crop Advisor Credits (CCA)

• February 1, 2005 Mandan CCA Credits - 6
• February 2-3, 2005 Mandan CCA Credits - 9
� February 7, 2005 Williston CCA Credits - 6
• February 16-17, 2005 Mahnomen, Minn. NDAAA Convention CCA Credits - 6
• February 23, 2005 Devils Lake CCA Credits - 6
• March 1, 2005 Minot CCA Credits - 6
• March 9, 2005 Jamestown CCA Credits - 6
• March 16-17, 2005 Fargo CCA Credits - 9
• March 21, 2005 Grafton CCA Credits - 6
• March 30, 2005 Fargo CCA Credits - 6

AgPest, Right of Way, Seed Treatment, and Research & Demonstration Categories

Date Type Time Location Exams

February 1, 2005 Recertification Registration 8 a.m., Training 8:30 a.m. Mandan, Seven Seas, 2611 Old Red Trail NO

February 2-3, 2005 Initial 2/2-Registration 1 p.m., Training 1:30 p.m.; 2/3-Training 8:30 a.m. Mandan, Seven Seas, 2611 Old Red Trail NO

February 4, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Mandan, Seven Seas, 2611 Old Red Trail YES

February 7, 2005 Recertification Registration 8 a.m., Training 8:30 a.m. Williston, Research Extension Center, 14120 Hwy 2 NO

February 16-17, 2005 NDAAA Convention Aerial App. ONLY, Recertification TBA* Mahnomen, MN, Shooting Star Hotel & Even Center NO

February 23, 2005 Recertification Registration 8 a.m., Training 8:30 a.m. Devils Lake, Ramsey County Courthouse, 524 4 Ave NO

March 1, 2005 Recertification Registration 8 a.m., Training 8:30 a.m. Minot, International Inn, 1505 N Broadway NO

March 9, 2005 Recertification Registration 8 a.m., Training 8:30 a.m. Jamestown, Farmers Union State Office, 1415 12 Ave SE NO

March 16-17, 2005 Initial 3/16-Registration 1 p.m., Training 1:30 p.m.; 3/17-Training 8:30 a.m., Test Review 4 p.m. Fargo, NDSU, Memorial Union Ballroom NO

March 18, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Fargo, NDSU, Memorial Union Ballroom YES

March 21, 2005 Recertification Registration 8 a.m., Training 8:30 a.m. Grafton, St.John's Catholic Parish Center, 1515 Western Ave NO

March 30 , 2005 Recertification Registration 8 a.m., Training 8:30 a.m. Fargo, Ramada Plaza Suites, 1636 42 St SW NO

Fumigation Category

Date Type Time Location Testing

January 25, 2005; Interactive Video Initial, Recertification Registration 12:30 p.m., Training 1 p.m. (Central) Dickinson, Stark County Courthouse, 51-3 St E; Carrington, Research Extension Center, 663 Hwy 281 N; Grand Forks, Grand Forks County Extension Office, 151 4 St S #S30 2; Williston, Research Extension Center; 14120 Hwy 2 NO

February 4, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Mandan, Seven Seas, 2611 Old Red Trail YES

March 18, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Fargo, NDSU, Memorial Union Ballroom YES

Greenhouse, and Ornamental & Turf Categories

Date Category Type Time Location Testing

January 27, 2005 Interactive Video Initial, Recertification Registration 8:30 a.m., Training 9 a.m. (Central) Minot, Research Extension Center, 5400 Hwy 83 S; Dickinson, Stark County Courthouse, 51-3 St S NO

February 4, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Mandan, Seven Seas, 2611 Old Red Trail YES

February 22, 2005; NCTGA Convention Initial, Recertification Registration 8 a.m., Training 8:30 a.m. Fargo, Doublewood Inn, 3333 13 Ave SW NO

March 18, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Fargo, NDSU, Memorial Union Ballroom YES

March 23, 2005; Interactive Video Initial, Recertification Registration 8 a.m., Training 8:30 a.m. Bismarck, Burleigh County Extension Office, 3715 E Bismarck Expressway; Grand Forks, Grand Forks County Extension Office, 151 4 St S #S30 2 NO

Home, Industrial & Institutional

Date Type Time Location Testing

February 4, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Mandan, Seven Seas, 2611 Old Red Trail YES

March 18, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Fargo, NDSU, Memorial Union Ballroom YES

Public Health Categories

February 4, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Mandan, Seven Seas, 2611 Old Red Trail YES

March 18, 2005; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Fargo, NDSU, Memorial Union Ballroom YES

May 18, 2005; Interactive Video Registration 9 a.m., Training 9:30 a.m. TBA* NO

Right of Way Category ONLY

May 2005; NDWCA Annual Sprayer School Recertification TBA TBA*, Western N.D. NO

May 2004; NDWCA Annual Sprayer School Recertification TBA TBA*, Eastern N.D. NO

Public Health ONLY
Mosquito Control Interactive Video training the week of May 24. Specific date and locations will be announced in a future issue of the Pesticide Quarterly newsletter.

Exam Days

February 4, 2004; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Williston, Williston REC, 14120 Hwy 2 YES

March 19, 2004; EXAM DAY ALL Categories 8 a.m. - 5 p.m. Fargo, NDSU, Memorial Union Ballroom YES

*To Be Announced in a future issue of the Pesticide Quarterly newsletter.

North Dakota Fall Section 18 Exemption & Pesticide Registration Meeting Summary

Jim Gray, North Dakota Department of Agriculture Pesticide Registration Specialist

The fifth annual North Dakota Fall Section 18 Exemption and Pesticide Registration Meeting was held in Bismarck on Nov. 23, 2004. Participants included North Dakota Department of Agriculture (NDDA) staff, growers and grower representatives, pesticide manufacturers, NDSU Extension Service personnel, tribal partners and staff from the U.S. Environmental Protection Agency (EPA).

Opening Remarks

North Dakota Agriculture Commissioner Roger Johnson welcomed meeting participants and provided opening comments. Johnson stressed that North Dakota continues to lead the region in the number of Section 18 exemptions requested and granted each year, and the department has worked hard to build a relationship of trust with the EPA. Johnson stated that the fall meeting was a great opportunity to get a jump on the Section 18 exemption submission season. Johnson also stressed that the meeting was an opportunity to identify new and emerging pest problems in the state. Participants introduced themselves at the end of the opening remarks.

Section 18 exemptions and 24(c) registrations for 2004

Jim Gray, pesticide registration coordinator with the NDDA, also expressed his thanks to meeting participants. Gray stressed that the purpose of the meeting was to:

1) Discuss the Section 18 exemptions from the 2004 growing season, including discussions of product performance and the effectiveness of each exemption in controlling the target emergency pest problem

2) Identify new or emerging pest problems in North Dakota or the region that may require a Section 18 exemption for the following growing season

3) Prioritize and plan Section 18 exemption requests for the 2005 growing season

4) Discuss and update meeting participants on recent and pending pesticide registration actions with a potential impact on North Dakota agriculture

Gray presented a summary of the department's Section 18 exemptions and Section 24(c) registrations for the 2004 growing season. Opening discussions included a discussion of the differences between Section 18 exemptions and Section 24(c) Special Local Needs (SLN) registrations.

The department requested 13 specific Section 18 exemptions for the 2004 growing season, 12 of which were granted by the EPA and one of which was withdrawn (see Table 1). The department was also granted quarantine Section 18 exemptions for four different pesticide active ingredients (see Table 2). These quarantine exemptions included use of Environ LPH to control prions in laboratories, and use of several fungicides to control soybean rust. In addition to the specific and quarantine Section 18 exemptions actions active in North Dakota for the 2004 growing season, Agriculture Commissioner Roger Johnson declared one crisis exemption to allow use of Concur Seed Treatment (imidacloprid + metalaxyl) on sunflower to control wireworm.

As in past years, North Dakota led the region in the number of Section 18 exemptions requested and granted. Please see Table 3 for a comparison with other states in the region.

In addition to the Section 18 exemptions, the department issued 10 Section 24(c) Special Local Needs (SLN) registrations in 2004. Gray distributed a spreadsheet of all active Section 24(c) registrations and urged participants to review the list. He stated that Section 24(c) registrations frequently are issued, cancelled or expire, and a listing of all North Dakota SLN registrations with supplemental labeling can be obtained online from the North Dakota pesticide registration database (www.kellysolutions.com/nd/).

Other NDDA pesticide issues

Gray provided participants with an update of North Dakota's Endangered Species Protection Program (ESPP) and recent lawsuits in the Pacific Northwest dealing with endangered species and pesticide issues. In 2003, a U.S. district court ruled that the EPA had violated the Endangered Species Act (ESA) by not consulting with the National Oceanic and Atmospheric Administration (NOAA) and U.S. Fish and Wildlife Service (FWS) during the pesticide registration process.

To meet its obligations under the ESA, EPA has developed a revised consultation process with FWS and NOAA. EPA also will develop county bulletins to add use restrictions in those instances where the product label is not adequate to protect endangered and threatened species from use of a given pesticide. Use restrictions in county bulletins could contain use prohibitions in certain areas, use buffers beyond those required on the product label or other risk mitigation measures. As early as 2005, some pesticide labels will begin including language informing users that they are required not only to follow directions and restrictions on the labeling, but also in their local county bulletin, if one is available. Using this approach, county bulletins will be considered "labeling" under state and federal pesticide laws, making them enforceable documents.

States have two options to develop county bulletins: A) have EPA develop the county bulletins, or B) develop their own bulletins under a state-initiated plan. Gray discussed the pros and cons of each approach. He also described the necessary criteria to be met for a state to have a state-initiated plan. Having EPA develop county bulletins will mean less work for states, but less control over the risk-mitigation language. Developing county bulletins under a state-initiated plan will allow a state to develop risk-mitigation measures consistent with local cropping practices and pesticide use patterns, but will require significant state resources.

North Dakota has four endangered species (black-footed ferret, pallid sturgeon, interior least tern, whooping crane) and four threatened species (piping plover, western prairie fringed orchid, grey wolf and bald eagle). Gray informed participants that North Dakota was one the first states to develop a state-initiated ESPP, and we already have county bulletins for many counties that contain a listed species. The current versions of county bulletins in North Dakota prohibit use of pesticides containing 22 different active ingredients in those areas that contain at least one listed species. Therefore, there are no pesticide-specific or species-specific risk mitigation measures. Gray also stressed the current North Dakota ESPP is a will become enforceable documents once bulletin reference language is added to pesticide labels.

The department is updating the bulletins to reflect changes in species distributions and registered pesticides since the bulletins were developed in the early 1990s. To assist with the bulletin updates, the department has contracted with Bemidji (Minn.) State University to conduct exposure and risk assessments for approximately 80 pesticide active ingredients.

The EPA expects that county bulletins will be updated annually, regardless of whether EPA develops the bulletins or a state develops the bulletins under a state-initiated plan. Gray stressed that the North Dakota Department of Agriculture last updated its bulletins in the early 1990s, and it does not have the resources to update the bulletins more frequently.

Gray told participants that stakeholders need to decide whether they want to continue with a state-initiated plan or have EPA take control over the ESPP. If stakeholders want the department to continue with a state-initiated plan, the department will require additional resources to manage the plan, perform risk assessments on new pesticides and periodically update the county bulletins. According to estimates, the department will require a minimum of one additional full-time employee and funding to prepare and print updated county bulletin periodically.

EPA briefing

Kathy Monk, senior adviser in EPA's Registration Division, discussed pesticide registration and Section 18 issues from EPA's perspective. Monk briefed participants on the Pesticide Registration Improvement Act (PRIA), a law enacted in early 2004 that created a fee-for-service system for pesticide registrations. Under the new system that the PRIA created, EPA charges a fee for the services the applicant desires, such as review of toxicity data, review of environmental fate data, etc. There are 90 different fee categories, 37 of which apply to conventional pesticides. With these fees, EPA can hire additional staff to review registration requests, and all requests have a mandatory time period for EPA to reach a decision. PRIA should have benefits over the previous system, including reduced time frames for registration decisions, greater predictability, enhanced resources to review registration requests and more stable funding for EPA's pesticide programs.

Monk also discussed Section 18 exemptions from EPA's perspective, stressing that EPA needs adequate time to review exemption requests before the intended use season. EPA's Section 18 team is asking for a minimum of 50 days to review a request. Monk also stressed that a well-documented emergency and choice of "nonproblematic" chemistry help ensure a timely response. Monk complimented North Dakota on the high quality Section 18 exemptions that are submitted.

Monk also briefed participants on progress toward obtaining full registrations for uses of 1,2,4-triazoles. This class of fungicides includes tebuconazole, propiconazole, tetraconazole and similar compounds. A triazole task force was formed recently to review toxicity and exposure data for this class of chemistry.

Product performance under 2004 Section 18 exemptions

Participants were asked for feedback on the effectiveness of each Section 18 exemption from 2004 in controlling the target emergency pest(s). Comments generally were positive. Specific comments were:

Tebuconazole on wheat and barley:
Growers experienced an approximate 10-bushel-per-acre yield gain with this exemption. Concerns were raised
whether soybean rust will impact product availability for 2005.

Azoxystrobin on safflower:
Cold weather in 2004 held Alternaria in check, meaning less azoxystrobin was used than in the past.

Coumaphos in bee hives:
Beekeepers are observing increased levels of resistance of varroa mites to coumaphos.

New and emerging pests

Participants were asked to identify new and emerging pests in North Dakota. These could be new pests that have not been observed in the state, or nagging pest problems that recently have become more serious. Participants identified the following as new and emerging pests in North Dakota:

a. Foxtail (Setaria) species in buckwheat

b. Prickly lettuce in many broadleaf crops

c. Grasshoppers on flax, buckwheat and mustard

d. Cutworm on safflower, mustard and flax

Participants were urged to monitor each of these pest problems and let the department know as soon as possible if they reach levels warranting a Section 18 exemption.

Section 18 exemption needs for 2005

Participants proposed 15 Section 18 exemptions for the 2005 growing season (Table 4). Four of the proposed emergency exemptions for 2005 are new requests.

One of the proposed Section 18 exemptions was for use of Concur (imidacloprid + metalaxyl) as a seed treatment on sunflower to control wireworm. Thiamethoxam was registered for commercial seed treatment on sunflower in 2003 under the trade name Cruiser 5FS Insecticide, and feedback suggests that thiamethoxam provides effective control of wireworm. However, sunflowers are frequently used as a "catch crop," meaning that many growers wait to decide exactly how many acres to plant based on weather conditions. A crisis Section 18 exemption was declared for this use in 2004 because thiamethoxam-treated sunflower seed was not available by the time some sunflower growers placed their orders. Gray stressed that the crisis exemption for Concur in 2004 was issued to respond to a short-term shortage of thiamethoxam-treated seeds. Since a pesticide is registered for this use, a Section 18 exemption for Concur would not be valid in 2005 unless it can be demonstrated once again that thiamethoxam-treated seed in not available.

Rich Zollinger discussed the need for a desiccant for dry beans if we have another cool growing season like 2004. A Section 18 exemption likely would be valid for the unregistered use of a desiccant if abnormal weather conditions persist. However, Gray advised that this request be delayed until later in the growing season if we verify that dry beans are not maturing normally.

Brian Jenks raised the issue of anticipated shortages of Spartan herbicide (sulfentrazone) for the 2005 growing season. Sam Lockhart informed participants that FMC is transitioning from a dry to a liquid formulation of sulfentrazone, and while ample supplies of the liquid should be available in 2006, supply shortfalls will be likely for Spartan this upcoming growing season.

Gray commented that other sulfentrazone are marketed for the soybean market, including Authority from DuPont and Blanket from Tenkoz. Use of Authority and/or Blanket on sunflowers, chickpeas and other crops could be obtained through Section 18 exemptions or Section 24(c) registrations. However, Jim Harbour of DuPont pointed out that Dupont and Tenkoz are bound by a contract with FMC, and neither DuPont nor Tenkoz can support expanded uses of their respective product until FMC releases them from the contract. Gray urged the FMC staff present to contact their management and ask them to release DuPont and Tenkoz from their contracts. Lockhart informed participants that he would do so, but these decisions would need to occur at the highest levels of management at FMC.

Larry Kleingartner of the National Sunflower Association asked FMC how they could support a Section 18 exemption for use of Spartan on flax when insufficient supplies of Spartan exist to meet the markets for registered uses. Gray agreed that support for additional unregistered uses of Spartan did not make sense unless FMC was willing to explore all options to address the anticipated Spartan supply shortfalls. Gray stated that the department would be interested in pursuing a Section 18 exemption of use of Spartan on flax if FMC released Tenkoz and DuPont from their contracts for the 2005 growing season.

Phil Glogoza discussed the Section 18 exemptions obtained for use of Dimilin (diflubenzuron) on wheat and barley to control grasshoppers. This exemption was requested only after specific exemptions were granted for this use in Montana. Both Glogoza and Gray agreed that effective insecticides are registered for use on both wheat and barley. Therefore, the situation does not meet the criteria of being an emergency. The department will not pursue Section 18 exemptions for use of diflubenzuron on wheat and barley in 2005.

Pesticide industry updates

Linda Aschbrenner provided a registration update on behalf of Bayer CropScience. Registrations for use of Folicur 3.6F on wheat, barley and other crops is on hold until EPA reviews data the U.S. Triazole Task Force submitted. A registration package for use of Proline 480SC (prothioconazole) on wheat and barley was submitted to the EPA in March 2004 as a joint review candidate. Field trials suggest that prothioconazole will provide greater control of Fusarium head blight than Folicur.

Jeff Smith provided an update from Valent. The EPA recently issued registrations for use of Valor (flumioxazin) on potatoes, onion and mint. IR-4 tolerance petitions will be submitted to the EPA in 2005 to support registrations for clethodim on legumes and other crops.

Emmett Lampert from Syngenta informed participants that the EPA issued registrations for several uses for Amistar (azoxystrobin) in 2004 that will impact North Dakota, including field peas and mint. Legumes also are added to the Quadris (azoxystrobin) label. Several diseases also were added to both the Amistar and Quadris labeling. Quadris Opti, a premix formulation of azoxystrobin and chlorothalonil, was registered in 2004 on several crops, including dry beans, carrots, potatoes and onions. Quilt, a premix formulation of propiconazole and azoxystrobin, was registered for use on wheat, barley and corn. Cruiser (imidacloprid and metalaxyl) was registered in 2004 for use barley, corn, sunflower and wheat. Dynasty Seed Treatment recently was registered for use on barley, corn, legume vegetables, sunflowers and wheat.

Jeremy Frie presented a briefing on behalf of BASF. The EPA recently issued a registration for Outlook (dimethenamid-P) on sugar beet, potatoes and onion. A registration is pending for use of Headline (pyraclostrobin) on soybean, corn and field peas. BASF hopes to enter the hard red spring wheat market in 2005 with use of Beyond (imazamox) on Clearfield spring wheat. Clearfield varieties of sunflower and canola also are anticipated. BASF also is developing a new pendimethalin formulation called Prowl H2O.

Jim Harbour from DuPont informed participants that registrations for Asana XL (esfenvalerate) on flax, canola and safflower are anticipated for the second quarter of 2005. This should address some of the grasshopper management shortfalls experienced in the past. IR-4 plans to submit a petition to the EPA in March 2005 for Harmony GT (thifensulfuron) on safflower. A registration also is pending for use of Affinity (thifensulfuron + tribenuron) on spring wheat.

Callista Chukwunenye from FMC informed participants that FMC recently received registrations for use of Aim (carfentrazone) as a preplant burndown treatment on a variety of crops. FMC will release a new avicide called Belief for use on potatoes. A new fungicide called Hero also will be marketed for control of late blight on potatoes.

Gray presented a summary slide from Dow AgroSciences. WideMatch (fluroxypyr + clopyralid) was registered on wheat, barley, oats and corn in April 2004. Entrust (spinosad) was registered for numerous organic uses on potatoes, cereal crops, corn, peas and beans. Confirm (tebufenozide) was registered for insect control on canola. Reregistration of Dithane (mancozeb) is proceeding.

The meeting adjourned at 3:15 pm.

Table 1. Specific Section 18 exemption requests submitted by North Dakota for 2004 growing season.

Product Active Ingredient(s) Crop/Site Target Pest(s)

Checkmite coumaphos beehives varroa mites, sm. hive beetles

Dimilin^a diflubenzuron barley grasshoppers

Dimilin^a deflubenzuron wheat grasshoppers

Eminent tetraconazole sugar beet Cercospora

Folicur tebuconazole wheat Fusarium head blight

Folicur tebuconazole barley Fusarium head blight

Folicur tebuconazole sunflower rust

LSP, Mertect LSP thiabendazole lentils Ascochyta

Mustang Max zeta-cypermethrin flax grasshoppers

Mustang Max^b zeta-cypermethrin mustard grasshoppers

Quadris azoxystrobin safflower Alternaria

Reflex fomasafen dry bean common ragweed

Spartan sulfentrazone flax kochia

^aNew request
^b Withdrawn due to expiration of use season

Table 2. North Dakota quarantine Section 18 exemptions requested or active during 2004 growing season.

Product Active Ingredient(s) Crop/Site Target Pest(s)

Environ LPH^a chlorophenols diagnostic labs prions

Bumper 41.8 EC propiconazole soybean soybean rust

Domark 125 SL^b tetraconazole soybean soybean rust

Folicur 3.6F tebuconazole soybean soybean rust

Headline^b pyraclostrobin soybean soybean rust

Laredo EC myclobutanil soybean soybean rust

Laredo EW myclobutanil soybean soybean rust

Pristine^b pyraclostrobin + boscalid soybean soybean rust

PropiMax EC propiconazole soybean soybean rust

Stratego^b propiconazole + trifloxystrobin soybean soybean rust

Tilt propiconazole soybean soybean rust

Table 3. Comparison of Section 18 exemptions in N.D. and other states in 2004.

State Specific Exemptions Quarantine Exemptions Crisis Exemptions

MN 6 3 1

MT 9 0 2

NE 6

Pesticide Violations by the NDDA from 2004
First Name	Last Name	Firm	City	ST	Violation	Fine	Paid
Ron	Aberle	Aberle Farms	Menoken	ND	Label	625	300
Ronald	Allen	Roberts Aerial Spraying	Midlothian	TX	Label	600	600
Linus	Allmaras	Private	New Rockford	ND	Illegal Fumigant Purchase	400	200
Richard	Altendorf	Northland Aero Spray	Northwood	ND	Label	750	750
Fred	Andersen	Aviation Services Inc.	Minot	ND	Label (repeat)	1375	625
Russell	Anderson	Cenex/Harvest States	Aneta	ND	Incomplete Records	200	200
Kim	Bayne	Farmers Union Oil	Oslo	MN	Not Certified - Applied	200	200
Duane	Berg	Private Farmer	Williston	ND	Label	625	300
Steven	Bootz	Orkin Pest Control	Atlanta	GA	Not Certified, Records	1775	1775
Michael	Christenson	Michaels Lawn Service	Bismarck	ND	Not Certified, Records	100	100
Tom	Corbin	Northern Improvement	Bismarck	ND	Not Certified, No Records	300	300
Brian	Dinger	Cenex/Harvest States	McVille	ND	Illegal Chemical Sales, Records	625	625
Lee	Duckstad	Bayview Spraying	Fertile	MN	Not Certified, No Records Supplied	1500	100
Jim	Erickson	Tessman	Fargo	ND	Illegal Sales	400	400
Duane	Feiring	Private	McHenry	ND	Illegal Tordon Purchase	100	100
Kyle	Frappier	Private	McHenry	ND	Illegal Fumigant Purchase	50	50
Josh	Hecker	Missouri Basin Well Service	Belfield	ND	Incomplete Application Records	200	200
Troy	Jangula	4 Star Ag Services	Hazelton	ND	Incomplete Application Records	200	200
Neil	Johnson	Johnson Farms	Cummings	ND	Label	600	600
Scott	Johnson	Farmer	Manvel	ND	Label	300	300
Mike	Kasowski	Private	Casselton	ND	Illegal Purchase, Was Not Recertified	550	550
Jason	Kusmenko	Kusmenko Kustom Farming	Hazen	ND	Careless & Negligent, (repeat)	1375	1375
Don	Lachowitzer	Wimmer Apts	Fargo	ND	Not Commercially Certified	300	300
Gene	Langley	Private	Warwick	ND	Illegal Fumigant Purchases	400	400
Craig	Leas	North Central Grain	Rolla	ND	Illegal Pesticide Sales	400	400
Kent	Legler	Kent Legler Farms	Jamestown	ND	Label	625	625
Steve	Loberg	Farmer	Fargo	ND	Label	625	625
Eric	Mairs	Larson Grain Co.	LaMoure	ND	No EPA Establishment # On Shuttles	200	200
Robert	Matejcek	Matejcek Farms	Wahpeton	ND	Label	600	600
Rodney	Mattern	Mattern Spray Service	New Rockford	ND	Label	950	950
Jeff	Mattys	Pro Air Service	Hillsboro	ND	Careless & Negligent, Label	4200	2000
Robert Craig	Mehling	Mehling Spraying Service	Hardin	MT	Label, WPS, Endangered Species	2175	1000
Russell	Neumiller	Bremen Elevator	Bowdon	ND	Label - Drift	625	625
Ronald	Novack	Farmer	Minot	ND	Label (Drift)	625	625
Neil	Pederson	Private Farmer	Valley City	ND	Label, Drift (2) Low Water Amount	1775	1775
Rod	Prosser	Barlwo Grain	Carrington	ND	Illegal Fumigant Sales	200	200
Neil	Reiten	Private Applicator	Petersburg	ND	Illegal Asana XL Purchase	200	200
Blane	Robert	Robert�s Aerial Service	LaMoure	ND	Label	625	625
Blane	Robert	Robert�s Aerial Service	LaMoure	ND	Label	200	200
Monty	Schaefer	Private	Carrington	ND	Illegal Fumigant Purchase	500	300
Mark	Schlotman	Mark�s Air Spray	Valley City	ND	Applying When Conditions Favored Drift	625	625
Mark	Schlotman	Mark�s Air Spray	Valley City	ND	Label	200	200
Glen	Stoltman	Farmers Union Oil Co.	Oslo	MN	Not Certified - Applied	200	200
Bill	Straily	Nitro Green	Bismarck	ND	Label	400	400
James	Stutesman	Northland Aviation Inc.	Edgeley	ND	Application Recordkeeping	200	200
Jim	Tallackson	Farmer	Grafton	ND	Label	625	625
Jeff	Tuebner	Private	Cando	ND	Illegal Asana XL Purchases	150	150
Bill	Van Ray		Pingree	ND	Label - Windy Conditions	625	625
Richard	Veralrud	Farmers Union Oil	Oslo	MN	Not Certified - Applied	600	600
Steve	Weisenburger	Private	New Rockford	ND	Illegal Fumigant Purchases	400	200
John	Wood	Fessenden Co-op	Esmond	ND	Not Certified - Applied	600	600
Robert	Yri	Farmers Equity Elevator	Carrington	ND	Illegal Fumigant Sales	600	600

North Dakota Department of Agriculture Pesticide Complaint Summary 2004 A = AerialG = GroundU- Unknown
County	Complaint		Actions Taken
Walsh	Grass dying in yard. No birds in yard. Suspects DDT contamination.	U	Soil Sampled. Nothing found.
Morton	Lawn care businesses are applying weed and feed fertilizer products. Not Certified.	G	Under investigation
Foster	Weed Board Sprayer sprayed private property when making ROW application	G	No Violation. Could not determine exact property line.
Grand Forks	Neighbor in condominium is using space in walls to pump toxic pesticides into another condo unit.	G	No Violation
Cass	Lawn Care applicator spraying in windy conditions	G	No violation. Winds were 10 to 12 MPH. No drift.
Logan	Private applicator doing commercial work. Not certified	G	Still under investigation
Ransom	Aircraft losing power, dumped load	A	No penalty. Pilot reported spill, Cleaned up site.
Richland	Starane and Bronate drift into farmyard	G	$600- Label Violation
Barnes	Farmer sprayed on two windy days. Drift into farmstead both days.	G	$1,200 Label Violations
Cass	Caretaker sprayed vine-covered fence on neighbor�s property.	G	$300-Not certified
Traill	Roundup drift onto soybeans	G	$600- Label Violation
Divide	Neighbor spraying Roundup onto adjacent field. Wind blowing toward farmyard	G	$600-Label violation
Grand Forks	Drift from nearby wheat field into farmstead	A	Pending
Ward	Commercial applicator cleaned sprayer and dumped rinsate on road.	G	$5,000, $2,500 suspended for two years.
Grand Forks	Neighbor sprayed boundary between their properties.	G	Dismissed- Property line must be surveyed to be sure of absolute line.
Williams	Roundup drift onto trees near recreational area	G	$600-Label Violation
Traill	Micro rates drift from sugar beet field onto corn	A	$600-Label Violation
LaMoure	Discover, Sword, Starane drift onto corn field	A	$600-Label Violation
Morton	Drift onto condominium association�s ornamentals and trees.	A	Pending
Stark	Uncertified applicators are making commercial pesticide applications.	G	All applicators were certified. No violation.
Bowman	Uncertified applicator from Montana is making pesticide applications in ND.	G	Still under investigation.
Mountrail	Uncertified applicator advertising in local paper for commercial spraying	G	Warning letter-Had not made any commercial applications.
Williams	Weed board killed trees when spraying.	G	$600 Label; $200 application records.
Renville	Airplane not turning off booms when flying over road.	A	Dismissed-Could not prove. No cooperation from complainant
Mountrail	Roundup drift onto field peas and barley	A	$600-Label Violation; pilot not certified $400; aiding and abetting-$500
Wells	Honey extraction house was sprayed with a pesticide-all bees dead	U	Still under investigation
Cass	Roundup drift onto conventional soybeans	G	Two private applicators appear to have drifted on field-$600 each
Adams	Roundup drift into farmyard	G	Pending
Burke	Roundup drift onto field peas.	G	$600-Label Violation
Dickey	Elevator sprayed wrong field-Notified farmer immediately.	G	Warning letter
Mercer	Improper disposal of pesticide. 2,4-D- Damaged flowers.	G	Extenuating circumstances-Warning letter.
Pierce	Spray drift from wheat field into yard and garden	G	Pending
Cass	Roundup drift onto foundation tomato stock	G	Pending
McHenry	Bronate drift onto trees and personnel working in trees	G	Pending
Stutsman	Drift from railroad right of way onto soybeans	G	Pending
Stutsman	200-acre sunflower field showing Phenoxy symptoms in all parts of field	G	Herbicide screen-no detects- no violation- cannot determine source of damage.
Barnes	Roundup drift onto barley field- sprayer not cooperative	U	Pending
McHenry	Pasture was sprayed when horses were in pasture-one horse died-another ill. Sprayer not cooperative.	G	Pending
Foster	Roundup Ready beans appear to have Phenoxy symptoms	G	Waiting for sample result
Stutsman	CRP sprayed with 2,4-D and Banvel- soybeans appear to have Phenoxy damage symptoms.	G	Waiting for sample results
Stutsman	Aerial applicator sprayed confection sunflower field with Assert. Field appears damaged. Thinks the tank was contaminated.	A	Pending
McHenry	Drift onto hay land, pasture and pickup. Pilot also landing on roadway to refill airplane.	A	Pending
Ward	Lawn service sprayed Roundup on wrong yard.	G	Pending
Nelson	Roundup drift onto barley field. Full quarter is allegedly damaged.	A	Pending
Barnes	Drift onto soybeans from railroad right of way application.	A	Pending
Ramsey	Rodeo drift onto farmstead. Killed garden and grass in yard. Also drifted into neighbor�s trees and yard.	A	Pending
Barnes	Drift onto soybeans from railroad right of way.	A	Pending
Nelson-Ramsey	Three Sodium cyanide barrels fell off truck- two recovered- one still lost.	G	Recovered all three barrels. National investigation is continuing.
Cass	Soil contamination at mixing and loading site.	G	Site has been remediated. No penalty assessed.
Kidder	Metam Sodium spill in rural area with shallow water table. Groundwater has detects of metam sodium. Company did not report spill.	G	$11,000 penalty assessed for not reporting and other violations. Also had to remediate site. We believe remediation costs are $25,000-$50,000.
Burleigh	Applicators are not certified. Are applying weed and feed fertilizers to lawns and other areas.	G	Pending

AgPest, Right of Way, Seed Treatment, and Research & Demonstration Categories
Date	Type	Time	Location	Exams
February 1, 2005	Recertification	Registration 8 a.m., Training 8:30 a.m.	Mandan, Seven Seas, 2611 Old Red Trail	NO
February 2-3, 2005	Initial	2/2-Registration 1 p.m., Training 1:30 p.m.; 2/3-Training 8:30 a.m.	Mandan, Seven Seas, 2611 Old Red Trail	NO
February 4, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Mandan, Seven Seas, 2611 Old Red Trail	YES
February 7, 2005	Recertification	Registration 8 a.m., Training 8:30 a.m.	Williston, Research Extension Center, 14120 Hwy 2	NO
February 16-17, 2005 NDAAA Convention	Aerial App. ONLY, Recertification	TBA*	Mahnomen, MN, Shooting Star Hotel & Even Center	NO
February 23, 2005	Recertification	Registration 8 a.m., Training 8:30 a.m.	Devils Lake, Ramsey County Courthouse, 524 4 Ave	NO
March 1, 2005	Recertification	Registration 8 a.m., Training 8:30 a.m.	Minot, International Inn, 1505 N Broadway	NO
March 9, 2005	Recertification	Registration 8 a.m., Training 8:30 a.m.	Jamestown, Farmers Union State Office, 1415 12 Ave SE	NO
March 16-17, 2005	Initial	3/16-Registration 1 p.m., Training 1:30 p.m.; 3/17-Training 8:30 a.m., Test Review 4 p.m.	Fargo, NDSU, Memorial Union Ballroom	NO
March 18, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Fargo, NDSU, Memorial Union Ballroom	YES
March 21, 2005	Recertification	Registration 8 a.m., Training 8:30 a.m.	Grafton, St.John's Catholic Parish Center, 1515 Western Ave	NO
March 30 , 2005	Recertification	Registration 8 a.m., Training 8:30 a.m.	Fargo, Ramada Plaza Suites, 1636 42 St SW	NO

Fumigation Category
Date	Type	Time	Location	Testing
January 25, 2005; Interactive Video	Initial, Recertification	Registration 12:30 p.m., Training 1 p.m. (Central)	Dickinson, Stark County Courthouse, 51-3 St E; Carrington, Research Extension Center, 663 Hwy 281 N; Grand Forks, Grand Forks County Extension Office, 151 4 St S #S30 2; Williston, Research Extension Center; 14120 Hwy 2	NO
February 4, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Mandan, Seven Seas, 2611 Old Red Trail	YES
March 18, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Fargo, NDSU, Memorial Union Ballroom	YES

Greenhouse, and Ornamental & Turf Categories
Date	Category Type	Time	Location	Testing
January 27, 2005 Interactive Video	Initial, Recertification	Registration 8:30 a.m., Training 9 a.m. (Central)	Minot, Research Extension Center, 5400 Hwy 83 S; Dickinson, Stark County Courthouse, 51-3 St S	NO
February 4, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Mandan, Seven Seas, 2611 Old Red Trail	YES
February 22, 2005; NCTGA Convention	Initial, Recertification	Registration 8 a.m., Training 8:30 a.m.	Fargo, Doublewood Inn, 3333 13 Ave SW	NO
March 18, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Fargo, NDSU, Memorial Union Ballroom	YES
March 23, 2005; Interactive Video	Initial, Recertification	Registration 8 a.m., Training 8:30 a.m.	Bismarck, Burleigh County Extension Office, 3715 E Bismarck Expressway; Grand Forks, Grand Forks County Extension Office, 151 4 St S #S30 2	NO

Home, Industrial & Institutional
Date	Type	Time	Location	Testing
February 4, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Mandan, Seven Seas, 2611 Old Red Trail	YES
March 18, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Fargo, NDSU, Memorial Union Ballroom	YES
Public Health Categories
February 4, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Mandan, Seven Seas, 2611 Old Red Trail	YES
March 18, 2005; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Fargo, NDSU, Memorial Union Ballroom	YES
May 18, 2005; Interactive Video		Registration 9 a.m., Training 9:30 a.m.	TBA*	NO
Right of Way Category ONLY
May 2005; NDWCA	Annual Sprayer School Recertification	TBA	TBA*, Western N.D.	NO
May 2004; NDWCA	Annual Sprayer School Recertification	TBA	TBA*, Eastern N.D.	NO
Public Health ONLY Mosquito Control Interactive Video training the week of May 24. Specific date and locations will be announced in a future issue of the Pesticide Quarterly newsletter.
Exam Days
February 4, 2004; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Williston, Williston REC, 14120 Hwy 2	YES
March 19, 2004; EXAM DAY	ALL Categories	8 a.m. - 5 p.m.	Fargo, NDSU, Memorial Union Ballroom	YES
*To Be Announced in a future issue of the Pesticide Quarterly newsletter.

Table 1. Specific Section 18 exemption requests submitted by North Dakota for 2004 growing season.
Product	Active Ingredient(s)	Crop/Site	Target Pest(s)
Checkmite	coumaphos	beehives	varroa mites, sm. hive beetles
Dimilin^a	diflubenzuron	barley	grasshoppers
Dimilin^a	deflubenzuron	wheat	grasshoppers
Eminent	tetraconazole	sugar beet	Cercospora
Folicur	tebuconazole	wheat	Fusarium head blight
Folicur	tebuconazole	barley	Fusarium head blight
Folicur	tebuconazole	sunflower	rust
LSP, Mertect LSP	thiabendazole	lentils	Ascochyta
Mustang Max	zeta-cypermethrin	flax	grasshoppers
Mustang Max^b	zeta-cypermethrin	mustard	grasshoppers
Quadris	azoxystrobin	safflower	Alternaria
Reflex	fomasafen	dry bean	common ragweed
Spartan	sulfentrazone	flax	kochia
^aNew request ^b Withdrawn due to expiration of use season

Table 3. Comparison of Section 18 exemptions in N.D. and other states in 2004.
State	Specific Exemptions	Quarantine Exemptions	Crisis Exemptions
MN	6	3	1
MT	9	0	2
NE	6