Certain pesticide products are exempt from EPA registration because they are classified as minimum risk pesticides under FIFRA Section 25(b). Manufacturers of minimum risk pesticides exempt from EPA registration Section 25(b) have two options in order to comply with state pesticide law.

The first option is to register the Section 25(b) pesticide under N.D.C.C. 19-18 just as they would register a conventional pesticide. For information on how to register a pesticide in North Dakota, please visit the Department's pesticide registration program homepage.

The second option is to receive an exemption from state pesticide registration in lieu of a pesticide registration. Each exemption from registration covers a designated two-year period beginning January first of every even-numbered year and expiring December 31 of the following year. Prior to receiving an exemption from registration, the applicant must provide the information and documentation described in Section 19-18-13 of the North Dakota Century Code. Labels of Section 25(b) products are thoroughly reviewed to ensure that they meet the requirements of EPA PR Notice 2000-6.

Each application for exemption from registration must include the following:

A. A completed Application for Exemption from Registration of Pesticides (SFN 54343)
B. A copy of the product labeling
C. Exemption from pesticide registration fee ($350 per product)

All minimum risk pesticides must either be registered or exempted from registration prior to their sale, offering for sale, distribution, and use in North Dakota. Manufacturers of proposed exempted products are asked to thoroughly review their product labeling to ensure that it is in compliance with EPA PR Notice 2000-6.

For further information please contact:

Jerry Sauter
Acting Division Director
ND Dept of Agriculture
600 E Boulevard Dept 602
Bismarck ND 58505-0020
Phone: (701) 328-2980
FAX: (701) 328-4567
Email: jdsauter@nd.gov  

Brandy Kiefel
Reigstration and Licensing Assistant
ND Dept of Agriculture
600 E Boulevard Dept 602
Bismarck ND 58505-0020
Phone: (701) 328-1500
FAX: (701) 328-4567
Email: bkiefel@nd.gov