1. A pesticide dealer may not distribute restricted use pesticides or act as a restricted use pesticide dealer, without first having obtained certification from the North Dakota state university extension service, or the service's designee. During hours the business is open, a certified person must be at any location or outlet from which restricted use pesticides are distributed. Any manufacturer or distributor that has no pesticide dealer outlet within this state and which distributes such pesticides directly into this state shall obtain a pesticide dealer certificate for its principal out-of-state location or outlet. 2. Application for a certificate must be on a form prescribed by the board accompanied by an examination fee set by the board. The application must include the address of each outlet, the principal business address of the applicant, the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the board. 3. The board shall require each pesticide dealer to demonstrate to the North Dakota state university extension service or the service's designee knowledge of pesticide laws and regulations; pesticide hazards to humans, animals, and the environment; and the safe distribution, disposal, and use and application of pesticides by satisfactorily passing an examination or meeting other requirements as prescribed by the board within each classification for which certification is sought. 4. Each pesticide dealer is responsible for the acts of each individual employed by the dealer in the solicitation and sale of restricted use pesticides and all claims and recommendations for use of such pesticides. The dealer's certification is subject to suspension or revocation, after a hearing, for any violation of this chapter committed by the dealer or by the dealer's officer, agent, or employee. 5. A certificate issued under this section expires on the first day of April following two years from the date of issuance. A certificate is renewable every three years on April first. The board may condition renewal of a certificate upon completion of a seminar approved by the board or successful completion of an examination required by the board, or both. The board may require any person holding a current valid certificate to take an examination within the three -year period if the board determines additional knowledge related to pesticides makes an additional examination necessary or that a new evaluation is necessary to assure a continuing level of competence and ability to safely and properly distribute pesticides. 6. Restricted use pesticides may be sold only to: a. Persons certified as applicators by this state; and b. Persons certified to use restricted use pesticides by another state, provided the pesticide control board determines the certifying state's requirements are substantially similar to those of this state and that the person does not use the restricted use pesticide in this state.
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