reglab/housing_qa huggingface dataset:
MT Code § 80-8-301 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 3. Enforcement and Penalties|80-8-301. Report of loss or damage -- effect of failure to report

  80-8-301. Report of loss or damage -- effect of failure to report. (1) A person suffering loss or damage resulting from the use or application of any pesticide by any person shall, within 30 days from the time the occurrence of the loss became known to the person, file with the department of agriculture a verified report of loss setting forth, so far as known to the claimant, the following:   (a) name and address of claimant;   (b) type, kind, and location of property alleged to be injured or damaged;   (c) date the alleged injury or damage occurred;   (d) name of person applying the pesticide and allegedly responsible for the loss or damage;   (e) name of the owner or occupant of the property for whom the pesticide application was made.   (2) The filing of a report or the failure to file a report may not be alleged in any complaint that might be filed in a court of law, and the failure to file may not of itself be considered any bar to the maintenance of a criminal or civil action.   (3) The failure to file a report is not a violation of this chapter. However, if the person failing to file a report is the only one injured from the use or application of a pesticide by any person, the department may refuse to hold a hearing for the denial, suspension, or revocation of a license issued under this chapter until the report is filed. The filing of a report does not constitute institution of a civil or criminal suit in any court, state or federal.   History: En. Sec. 21, Ch. 403, L. 1971; R.C.M. 1947, 27-233; amd. Sec. 5, Ch. 184, L. 1981; amd. Sec. 2603, Ch. 56, L. 2009.
MT Code § 80-8-302 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 3. Enforcement and Penalties|80-8-302. Sampling and analysis

  80-8-302. Sampling and analysis. (1) The department shall have the authority to sample, inspect, and analyze pesticides or devices distributed within this state wherever and whenever and to the extent necessary to determine whether the pesticides or devices are in compliance with the provisions of this chapter. The department is authorized with a warrant or the consent of the inhabitant or owner to enter public or private premises, including vehicles, to have access to pesticides or devices and to records relating to their distribution.   (2) The methods of sampling and analysis must be based on:   (a) validated methods for the laboratory; and   (b) standard methods and guidance for the sampling.   (3) In all administrative or legal actions involving the composition, identification, or quantification of a pesticide, a certified copy of the official analysis signed by the department's authorized chemist must be accepted as prima facie evidence of the determinations the official analysis contains.   History: En. Sec. 7, Ch. 403, L. 1971; R.C.M. 1947, 27-219; amd. Sec. 6, Ch. 184, L. 1981; amd. Sec. 9, Ch. 244, L. 2017.
MT Code § 80-8-303 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 3. Enforcement and Penalties|80-8-303. Embargo

  80-8-303. Embargo. (1) Whenever a duly authorized agent of the department of agriculture finds or has probable cause to believe that any pesticide or device is adulterated or misbranded, has not been registered under the provisions of 80-8-201, fails to bear on its label the information required by this chapter, or is a white powder pesticide and is not colored as required under this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice of the failure and stating that the article has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. A person who removes or disposes of a detained or embargoed article by sale or otherwise without prior permission or who removes or alters the tag or marking is guilty of a misdemeanor and may be charged accordingly or may be subjected to appropriate administrative proceedings, or both.   (2) When an article detained or embargoed under subsection (1) has been found by the agent to be in violation of subsection (1) and after 30 days the violation has not been resolved, the agent may petition the district court in whose jurisdiction the article is detained or embargoed for a condemnation of the article. When the agent has found that an article detained or embargoed is not adulterated or misbranded, the agent shall remove the tag or other marking.   (3) If the court finds that a detained or embargoed article is in violation of this chapter or rules adopted under this chapter, the article must after entry of the decree be destroyed at the expense of the claimant of the article, under the supervision of the agent, and all court costs and fees and storage and other proper expenses must be assessed against the claimant of the pesticide or device or the claimant's agent. However, when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after costs, fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of the pesticide or device, may by order direct that the article be delivered to the claimant of the article for labeling or processing under the supervision of an agent of the department. The expense of supervision must be paid by the claimant. The article must be returned to the claimant of the pesticide or device on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of supervision have been paid.   History: En. Sec. 8, Ch. 403, L. 1971; amd. Sec. 28, Ch. 13, L. 1977; amd. Sec. 3, Ch. 462, L. 1977; R.C.M. 1947, 27-220; amd. Sec. 7, Ch. 184, L. 1981; amd. Sec. 2604, Ch. 56, L. 2009; amd. Sec. 10, Ch. 244, L. 2017.
MT Code § 80-8-304 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 3. Enforcement and Penalties|80-8-304. Investigation and enforcement authority

  80-8-304. Investigation and enforcement authority. (1) In enforcing this chapter, the department or its authorized agents, upon reasonable cause, may enter upon private and public premises and property with a warrant or consent of the inhabitant or owner to inspect or investigate at reasonable times:   (a) equipment used for applying pesticides;   (b) actual or reported adverse effects caused by pesticides in humans, crops, animals, land, or other property;   (c) records on the selling or use of pesticides and the person's stock of pesticides;   (d) handling, use, application, storage, and disposal of pesticides by any person;   (e) pesticides being applied or to be applied and to sample the pesticides or agricultural commodities;   (f) the use and application of a pesticide;   (g) the environment alleged to have been exposed to pesticides and to collect and analyze environmental samples;   (h) a person's compliance with pesticide worker protection standards and labeling, including handlers and workers;   (i) a person's compliance with pesticide ground water and environmental protection agency endangered species standards and labeling; or   (j) a person's compliance with licensing, labeling, permitting, and certification requirements.   (2) The department is authorized to investigate all incidents involving the application, sale, introduction, or use of registered pesticides or compounds capable of acting in the manner of pesticides when the incidents have a reasonable potential to adversely affect the public environment or persons.   (3) The investigation or inspection authority provided for in this section may be exercised over persons not possessing a required license or permit.   History: En. Sec. 31, Ch. 403, L. 1971; amd. Sec. 16, Ch. 462, L. 1977; R.C.M. 1947, 27-243; amd. Sec. 8, Ch. 184, L. 1981; amd. Sec. 2, Ch. 189, L. 1995.
MT Code § 80-8-401 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 4. Model Integrated Pest and Pesticide Management Safety Program|80-8-401. Short title

  80-8-401. Short title. This part may be cited as the "Model Integrated Pest and Pesticide Management Safety Program Act".   History: En. Sec. 1, Ch. 177, L. 1993; amd. Sec. 11, Ch. 244, L. 2017.
MT Code § 80-8-402 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 4. Model Integrated Pest and Pesticide Management Safety Program|80-8-402. Statement of policy

  80-8-402. Statement of policy. The legislature finds and declares that:   (1) the exposure of children to pesticides applied in and around schools can pose a potentially acute or chronic toxicological hazard to their health;   (2) infants and children can be especially vulnerable to pesticides, especially if pesticides are not properly applied or used;   (3) schools need to adopt pest management programs that minimize exposure of school children to pesticides and provide for alternative pest control methods; and   (4) the department shall prepare and distribute to each Montana school district a model integrated pest and pesticide management safety program that satisfies the provisions of this section.   History: En. Sec. 2, Ch. 177, L. 1993.
MT Code § 80-8-403 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 4. Model Integrated Pest and Pesticide Management Safety Program|80-8-403. Definitions

  80-8-403. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of agriculture as provided for in 2-15-3001.   (2) "Director" means the director of agriculture as provided for in 2-15-3001.   (3) "School district" means a school district established according to Title 20, chapter 6.   History: En. Sec. 3, Ch. 177, L. 1993.
MT Code § 80-8-404 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 4. Model Integrated Pest and Pesticide Management Safety Program|80-8-404. Model integrated pest and pesticide management safety program

  80-8-404. Model integrated pest and pesticide management safety program. (1) The department may develop a model integrated pest and pesticide management safety program for facilities under supervision, including but not limited to schools, day-care facilities, nursing homes, hospitals, and other education and health care facilities. The model programs must provide guidance and recommendations on management of pests and pesticides and on alternatives within a facility and on facility grounds.   (2) The model program guidelines and recommendations must include information on pests, alternative and pesticide control methods and their integration, environmental concerns, and protection of public health. Special information and recommendations for protecting the affected populations from exposure to pesticides and from the acute or chronic potential adverse health effects of pesticides must be emphasized. The department may periodically revise the model program guidelines, policies, and recommendations as new integrated pest, pesticide, or alternative management techniques and methods are developed and as new information on protecting the affected populations from pesticides is developed.   (3) The director may consult and obtain advice from pest and pesticide specialists, facility personnel, and the public on any aspect of the model integrated pest and pesticide management safety program.   History: En. Sec. 4, Ch. 177, L. 1993; amd. Sec. 12, Ch. 244, L. 2017.
MT Code § 80-8-405 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 4. Model Integrated Pest and Pesticide Management Safety Program|80-8-405. Policymaking authority

  80-8-405. Policymaking authority. The department may adopt policies and guidelines to implement this part.   History: En. Sec. 5, Ch. 177, L. 1993.
MT Code § 80-9-102 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 1. General Provisions|80-9-102. Administration

  80-9-102. Administration. This chapter shall be administered by the Montana department of agriculture.   History: En. Sec. 2, Ch. 356, L. 1973; R.C.M. 1947, 3-2026.
MT Code § 80-9-103 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 1. General Provisions|80-9-103. Rules -- adoption by department

  80-9-103. Rules -- adoption by department. (1) The department may adopt rules for commercial feeds and pet foods that are specifically authorized in this chapter and other reasonable rules necessary for the efficient enforcement of this chapter, including rules related to:   (a) the specific content of label directions and precautions for safe and effective use of commercial and customer formula feeds;   (b) definitions of feed ingredients and poisonous or deleterious substances;   (c) good manufacturing practices for commercial feeds containing medications or drugs;   (d) standards for viable weed seeds;   (e) format and content of annual statements of tonnage and distribution records required by 80-9-206(2);   (f) standards for establishing deficiency of a commercial feed based on laboratory testing;   (g) standards for establishing that a commercial feed is in violation because of a deficiency in any feed ingredient;   (h) procedures for the issuance and release of embargo orders and condemnation pursuant to 80-9-302; and   (i) procedures for implementing and administering the civil penalties under 80-9-303.   (2) Unless it determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the department, in the interest of uniformity, shall adopt:   (a) the official definitions of feed ingredients and official feed terms adopted by the association of American feed control officials and published in the official publication of that organization; and   (b) any rules adopted under the Federal Food, Drug, and Cosmetic Act as long as the department has the authority under this chapter to adopt that rule.   (3) In adopting rules the department shall follow procedures prescribed in the Montana Administrative Procedure Act.   History: En. Sec. 10, Ch. 356, L. 1973; R.C.M. 1947, 3-2034; amd. Sec. 2, Ch. 396, L. 1999.
MT Code § 80-9-104 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 1. General Provisions|80-9-104. Cooperation with other agencies

  80-9-104. Cooperation with other agencies. The department may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out this chapter.   History: En. Sec. 14, Ch. 356, L. 1973; R.C.M. 1947, 3-2038.
MT Code § 80-9-105 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 1. General Provisions|80-9-105. Publications

  80-9-105. Publications. The department may publish, in a form it considers proper, information concerning the sale of commercial feed, data on production and use, and the results of analysis of official samples of commercial feeds sold within the state as compared with the analysis guaranteed in the registration and on the label. The information concerning production and use of commercial feed may not disclose the operations of any person.   History: En. Sec. 15, Ch. 356, L. 1973; R.C.M. 1947, 3-2039; amd. Sec. 3, Ch. 396, L. 1999.
MT Code § 80-9-202 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 2. Production and Distribution|80-9-202. Labeling

  80-9-202. Labeling. (1) A commercial feed, except a customer formula feed, must be accompanied by a label containing:  (a) the quantity statement;   (b) the product name and any brand name under which the commercial feed is distributed;   (c) the guaranteed analysis stated in terms the department by rule determines are required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements guaranteed must be determinable by laboratory methods such as the methods published by AOAC international. Pet treats as defined in 80-9-101(22)(b) are exempt from the guaranteed analysis requirement of this subsection (1)(c).   (d) the common or usual name of each ingredient used in the manufacture of the commercial feed. The department by rule may permit the use of a collective term for a group of ingredients that perform a similar function, or it may exempt commercial feeds or any group of them from this requirement of an ingredient statement if it finds that the statement is not required in the interest of consumers.   (e) the name and principal mailing address of the manufacturer, the person responsible for distributing the commercial feed, or the guarantor;   (f) adequate directions for use for all commercial feeds containing drugs. The department may by rule require directions for the use of other commercial feeds when necessary for their safe and effective use.   (g) precautionary statements that the department by rule determines are necessary for safe and effective use of the commercial feed.   (2) A customer formula feed must be accompanied by a label, invoice, delivery slip, or other shipping document containing:   (a) the name and address of the manufacturer or guarantor;   (b) the name and address of the purchaser;   (c) the date of delivery;   (d) the specific agreed to composition of the feed or a list of the ingredients, but not necessarily the percentage of each ingredient;   (e) adequate directions for use for all customer formula feed containing drugs. The department may by rule require directions for the use of other customer formula feeds when necessary for their safe and effective use.   (f) precautionary statements that the department by rule determines are necessary for safe and effective use of the feeds;   (g) in cases when a drug-containing product is used in a customer formula feed:   (i) the purpose of the drug in the form of a claim statement; and   (ii) the established name of each active drug ingredient and the level of each drug used in the final mixture, expressed in accordance with the association of American feed control officials model feed regulations, as published in that organization's official publication and adopted by department rule.   History: En. Sec. 4, Ch. 356, L. 1973; R.C.M. 1947, 3-2028; amd. Sec. 5, Ch. 396, L. 1999; amd. Sec. 3, Ch. 37, L. 2005; amd. Sec. 3, Ch. 365, L. 2019; amd. Sec. 3, Ch. 179, L. 2021.
MT Code § 80-9-203 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 2. Production and Distribution|80-9-203. Misbranded feed

  80-9-203. Misbranded feed. A commercial feed is misbranded if:   (1) its labeling is false or misleading in any particular;   (2) it is distributed under the name of another commercial feed;   (3) it is not labeled as required in 80-9-202;   (4) it purports to be or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to any definition prescribed by rule of the department;   (5) any word, statement, or other information required by this chapter to appear on the label is not prominently placed there with a conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in terms which render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.   History: En. Sec. 5, Ch. 356, L. 1973; R.C.M. 1947, 3-2029.
MT Code § 80-9-205 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 2. Production and Distribution|80-9-205. Prohibitions

  80-9-205. Prohibitions. Subject to the penalty provisions in 80-9-303, a person may not:   (1) manufacture or distribute any commercial feed that is adulterated or misbranded;   (2) adulterate or misbrand a commercial feed;   (3) distribute agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls that are adulterated within the meaning of subsections (1) through (11) of 80-9-204;   (4) remove or dispose of a commercial feed in violation of an order under 80-9-302;   (5) fail to register or obtain a license in accordance with 80-9-201;   (6) violate 80-9-304;   (7) fail to pay inspection fees and file reports as required by 80-9-206;   (8) fail to submit a complete copy of labeling or a list of feed labels as required in 80-9-201;   (9) submit false information on an application for licensure or registration;   (10) knowingly use commercial feed or other feeds that are adulterated to feed animals that are intended for human consumption or to produce commodities for human consumption; or   (11) fail to comply with a lawfully issued order.   History: En. Sec. 7, Ch. 356, L. 1973; R.C.M. 1947, 3-2031; amd. Sec. 7, Ch. 396, L. 1999.
MT Code § 80-9-207 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 2. Production and Distribution|80-9-207. Deposit of fees

  80-9-207. Deposit of fees. (1) All fees collected for licenses, registration, and inspection must be deposited in the state treasury to the credit of the state special revenue fund for the purpose of administering this chapter, including the cost of equipment and facilities and the cost of inspecting, analyzing, and examining commercial feeds manufactured or distributed in this state and the cost of developing better analytical methods and means of evaluating the value or the potential toxic qualities of a feed.   (2) The department may direct the board of investments to invest funds from the state special revenue fund pursuant to the provisions of the unified investment program for state funds. The income from those investments must be credited to the proper department account in the state special revenue fund.   (3) The account in subsection (1) may receive funds from any source, including but not limited to gifts, grants, cost-share funds, or other funds designated for purposes consistent with this chapter.   (4) Any administrative civil penalties collected under 80-9-303 must be deposited in the Montana state university-Bozeman agricultural experiment station research account and may be used only for feed and animal nutrition research and education.   History: En. Sec. 9, Ch. 356, L. 1973; amd. Sec. 5, Ch. 16, L. 1977; R.C.M. 1947, 3-2033; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 9, Ch. 396, L. 1999.