Committee advances bill updating pesticide applicator certification to meet EPA rules; direct-supervision option removed

The House Agriculture Committee voted to give a due-pass recommendation on Senate Bill 2,086, which updates state pesticide certification standards to align with the U.S. Environmental Protection Agency’s 2017 revisions to 40 CFR part 171. The committee recorded a motion result of 7 yes, 5 no, 2 absent in favor of due pass.

Lucas Wagner, director of the Pesticide and Fertilizer Division at the North Dakota Department of Agriculture, testified on behalf of Agriculture Commissioner Doug Goring. Wagner told lawmakers the bill updates Chapter 4.1-33 of the North Dakota Century Code so the state’s certification program will continue to meet federal requirements and keep the state-authorized certification program in effect. He said the EPA has reviewed and approved the proposed state plan.

Key change explained: Wagner and lawmakers focused on the EPA-required removal of the prior “direct supervision” option for private applicators. Under the prior North Dakota practice, Wagner said, a private applicator could directly supervise an uncertified worker within a 30-minute travel time of the certified applicator. The EPA required either elimination of direct supervision or adoption of an annual-recorded training plus Worker Protection Standard (WPS) annual training and recordkeeping for uncertified workers. Wagner said North Dakota chose to remove the direct-supervision option because annual trainings and recordkeeping would be more onerous than certifying applicators.

Training and access: Committee members raised concerns that certification classes are offered seasonally (Wagner said classes are typically held between November and April) and that some seasonal or foreign workers may not be able to attend scheduled classes. Wagner said county extension agents can schedule testing and training on a one-on-one basis at local extension offices. Witnesses stated private applicators and commercial applicators are both covered by the certification program.

Other details: Wagner said the changes also add additional certification categories to harmonize North Dakota’s program with other states and that the state did not request separate state funding for implementation; the program is carried under existing infrastructure and federal review.

Committee action and reaction: Representative Freiberg moved the due-pass recommendation and a second was recorded. Several representatives expressed concerns about accessibility for producers who employ seasonal workers; the department said extension agents can provide individualized testing. The committee approved the bill by recorded vote, 7–5–2.