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Committee approves amendment limiting direct-supervision restriction to restricted herbicides as members weigh broader pesticide rulemaking
Summary
The House Agriculture Committee amended Senate Bill 20,86 to limit a proposed direct-supervision requirement to restricted-use herbicides, citing federal primacy and practical differences among pesticide classes.
The House Agriculture Committee voted to approve amendments to Senate Bill 20,86 that narrow a proposed supervision requirement so it applies only to restricted‑use herbicides rather than to all restricted pesticides.
The measure addresses how the state implements federal pesticide certification standards and who may apply restricted‑use products. Commissioner Goring and Department staff warned the committee that federal law and EPA oversight complicate any state attempt to broaden restrictions; restricting only herbicides was presented as a narrower, more defensible approach that addresses the kinds of products most commonly used in North Dakota agricultural practice.
Commissioner Goring told the committee that among the restricted herbicide products used in the state, many contain atrazine, and other listed categories include products with metolachlor for waterhemp control, paraquat (a desiccant) and products containing Tordon for noxious weeds. He explained that the department has been in extended discussions with federal regulators since 2010 about how the state should manage restricted use pesticide authorities and urged caution about broad statutory language that would cover insecticides, fumigants or fungicides as well.
Committee members discussed whether to prepare an agreed list of specific restricted products to address risks while avoiding an overly broad statutory prohibition; department staff said they could prepare a list of commonly used products for committee consideration but warned that trade names and formulations change and such lists present drafting and federal-primacy complications.
After discussion the committee approved the amendments and later adopted a do-pass motion on the amended bill. Members directed the department to continue engagement with EPA and to provide more specific product information if the committee wished to widen the scope beyond herbicides.
