5-36-2. CLASSIFICATION OF PESTICIDES.

The Rosebud Sioux Tribal Council or its designated agent shall recognize all pesticide products introduced on the Rosebud Reservation for “restricted use” or “general use” according to the standards consistent with Section 3 of FIFRA. As a minimum, the council will consider all pesticide products classified for restricted use by the Administrator of EPA as for restricted use on the Rosebud Reservation. In addition, the Council may restrict the use of additional pesticide products if the uses be restricted to prevent damages to property other than the property to which they are directly applied or to persons, animals, crops or vegetation other than the pests which they are intended to destroy.

Individuals not appropriately certified from using restricted use pesticides, with the exception of those individuals applying the pesticide under the direct supervision of a certified applicator, as shown in 5-36-1 D (4) of this code.