reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-112. Deposit of waste pesticide and pesticide container collection, disposal, and recycling fees

80-8-112. Deposit of waste pesticide and pesticide container collection, disposal, and recycling fees.
(1) All license, permit, and special fees paid to the department to fund the waste pesticide and pesticide container collection, disposal, and recycling program and any grants or gifts accepted by the department pursuant to 80-8-111(1) must be deposited in an account in the state special revenue fund.
(2) Money in the account must be used by the department to administer the waste pesticide and pesticide container collection, disposal, and recycling program provided for in 80-8-111. Unencumbered and unexpended money remaining in the account at the end of the fiscal year may not lapse but must be carried forward for the purposes of this subsection until appropriated by subsequent legislative action.
History: En. Sec. 3, Ch. 465, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-116. Pesticide management account -- deposit of fees and penalties -- investment

80-8-116. Pesticide management account -- deposit of fees and penalties -- investment.
(1) There is a pesticide management account within the state special revenue fund established in 17-2-102.
(2) All licensing, permit, registration, and devices and blending plant fees collected under parts 1 and 2 of this chapter must be deposited in the pesticide management account for the purpose of administering this chapter, including but not limited to:
(a) the cost of equipment and facilities;
(b) the cost of inspecting, investigating, analyzing, and examining:
(i) pesticide products;
(ii) applicators, operators, and other users of pesticides;
(iii) dealers and retailers selling pesticides;
(iv) pesticide equipment, storage, disposal, and operational facilities; and
(c) related pest and pesticide activities authorized by Title 80, chapter 7, part 5, and 80-7-711 through 80-7-714 and 80-7-720.
(3) The department may direct the board of investments to invest the funds collected under this section, pursuant to the provisions of 17-6-201. The income from the investments must be credited to the pesticide management account within the state special revenue fund.
History: En. Sec. 10, Ch. 633, L. 1983; amd. Sec. 1, Ch. 588, L. 1991; amd. Sec. 1, Ch. 65, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-117. Pesticide cleanup special revenue account

80-8-117. Pesticide cleanup special revenue account.
(1) There is a pesticide cleanup special revenue account in the state special revenue fund established in 17-2-102.
(2) There must be deposited in the pesticide cleanup account any civil penalties collected under 80-8-306.
(3) The funds must be used by the department for cleanup and associated costs when a responsible party cannot be identified and located or if the responsible party is unable or unwilling to clean up the pesticide contamination and there is an imminent need to protect agriculture, health, or the environment.
(4) Unencumbered and unexpended funds remaining in the pesticide cleanup account at the end of the fiscal year may not lapse but must be carried forward for the stated purpose unless appropriated by subsequent legislative action.
(5) If a responsible party is identified and located after expenditure of the funds in the pesticide cleanup account, the department may initiate recovery of the funds through a voluntary agreement or in district court.
History: En. Sec. 2, Ch. 65, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-121. Penalty

80-8-121. Penalty.
A person who violates a notification ordinance adopted pursuant to 80-8-120:
(1) is subject to a written warning for the first violation;
(2) is guilty of a misdemeanor and upon conviction may be fined not more than $50 for the second violation; and
(3) is guilty of a misdemeanor and upon conviction may be fined not more than $500 for a third or subsequent conviction.
History: En. Sec. 2, Ch. 180, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-203. Commercial applicator

80-8-203. Commercial applicator.
(1) It is unlawful for a person to engage in the business of applying pesticides for another without a pesticide applicator's license obtained from the department of agriculture. An application for a pesticide applicator's license must be accompanied by a fee of $75. The provisions of this subsection do not apply to a person employed only to operate equipment used for the application of a pesticide if the person has no financial interest or other control over the equipment other than its day-to-day mechanical operation for the purpose of applying any pesticide.
(2) Public utility applicators must be licensed in the same manner as commercial applicators, provided that public utility operators working under public utility applicators are not required to be licensed except as provided in 80-8-205.
(3) A veterinarian licensed as provided in Title 37, chapter 18, part 3, is not required to be licensed to apply nonrestricted pesticides, provided that the veterinarian registers with the department each year. The veterinarian must meet all other requirements and rules of the Montana Pesticides Act. The department shall consider the professional licensing requirements for veterinarians when adopting rules in relation to transactions and activities of a veterinary practice.
(4) An applicator is responsible for the use of any pesticide by an operator or employee under the applicator's supervision or employment.
(5) The department shall assess an additional annual license fee of $10 on applicators to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112.
History: En. Sec. 9, Ch. 403, L. 1971; amd. Sec. 2, Ch. 447, L. 1973; amd. Sec. 4, Ch. 462, L. 1977; R.C.M. 1947, 27-221; amd. Sec. 2, Ch. 230, L. 1979; amd. Sec. 4, Ch. 633, L. 1983; amd. Sec. 3, Ch. 181, L. 1989; amd. Sec. 5, Ch. 465, L. 1993; amd. Sec. 1, Ch. 216, L. 2003; amd. Sec. 5, Ch. 244, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-204. Application for applicator's license

80-8-204. Application for applicator's license.
(1) Application for a pesticide applicator's license provided for in 80-8-203 must be made annually to the department before applying pesticides in any calendar year, and a pesticide applicator who is applying for renewal of a license shall do so on or before March 1 of that calendar year. A pesticide applicator who applies for renewal of a license after March 1 must be assessed a $25 late licensing fee.
(2) An individual applying for a license to engage in aerial application of pesticides shall certify on the application that the individual has met all the federal aviation administration and the department of transportation requirements for aerial pesticide applicators.
History: En. Sec. 10, Ch. 403, L. 1971; amd. Sec. 122, Ch. 218, L. 1974; amd. Sec. 33, Ch. 213, L. 1975; amd. Sec. 5, Ch. 462, L. 1977; R.C.M. 1947, 27-222; amd. Sec. 3, Ch. 230, L. 1979; amd. Sec. 1, Ch. 184, L. 1981; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 5, Ch. 633, L. 1983; amd. Sec. 212, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-205. Commercial operator

80-8-205. Commercial operator.
(1) The department of agriculture may establish procedures for controlling pesticide operators including necessary fees by regulation.
(2) The department may by rule establish a fee to be paid by commercial operators to fund the waste pesticide and pesticide container collection, disposal, and recycling program. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112.
History: En. Sec. 11, Ch. 403, L. 1971; R.C.M. 1947, 27-223; amd. Sec. 6, Ch. 465, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-206. Applicator's and operator's examination

80-8-206. Applicator's and operator's examination.
(1) The department shall publish and distribute or have available upon request information that may be helpful to persons engaged in the application of pesticides, including information that may be required or that may appear upon any examination given to applicators and operators by the department.
(2) The department shall require an applicant for a license to show upon written examination that the person possesses adequate knowledge concerning the proper use and application of pesticides under the classification for which the person has applied, provided that the applicator and operator may not be required to take a reexamination upon renewal of licensing.
History: En. Sec. 12, Ch. 403, L. 1971; R.C.M. 1947, 27-224; amd. Sec. 2601, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-208. Dealer's examination

80-8-208. Dealer's examination.
Each applicant applying for a dealer's license and the applicant's employees in charge of pesticide sales must be required to pass a reasonable examination administered by the department. Dealers applying for relicensing may not be required to take an additional examination if they have met the department's requirements.
History: En. Sec. 14, Ch. 403, L. 1971; R.C.M. 1947, 27-226; amd. Sec. 2602, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-210. Licensing nonresidents

80-8-210. Licensing nonresidents.
Any nonresident applying for a license under this chapter to operate in Montana shall file a written power of attorney designating the secretary of state as the agent of such nonresident upon whom service of process may be had in the event of any suit against the nonresident person, and such power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of Montana over such nonresident applicant; provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law is not required to designate the secretary of state as such agent. The secretary of state shall be allowed such fees as provided by law for designating resident agents. The department shall be furnished with a copy of such designation of the secretary of state or of a resident agent, such copy to be duly certified by the secretary of state.
History: En. Sec. 17, Ch. 403, L. 1971; R.C.M. 1947, 27-229; amd. Sec. 11, Ch. 20, L. 1979.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-211. Revocation of licenses and permits

80-8-211. Revocation of licenses and permits.
(1) The department shall establish the policy and procedures on the revocation of licenses or permits. The department may refuse to grant or renew or may revoke or modify a license or permit, as the case may require, when the department is satisfied that the licensee or permittee is not qualified to sell, use, or apply pesticides under the conditions in the locality in which the licensee or permittee operates or has operated or that the licensee or permittee has committed any of the following acts, each of which is considered a violation of this chapter:
(a) made false or fraudulent claims or recommendations through any media misrepresenting the effect of materials or methods to be used;
(b) applied or sold unapproved or illegal materials or applied or sold a pesticide without possessing a current and appropriate license or permit;
(c) operated in a faulty, careless, or negligent manner;
(d) operated faulty or unsafe equipment;
(e) refused or neglected to comply with the provisions of this chapter, rules adopted under this chapter, or any lawful order of the department;
(f) refused or neglected to keep and maintain the records required by this chapter or to make reports when and as required;
(g) made false or fraudulent records or reports;
(h) operated equipment for the commercial application of a pesticide without having a license or permit;
(i) used fraud or misrepresentation in making an application for a license or permit or renewal of a license or permit;
(j) used or applied a registered pesticide inconsistent with its labeling or the label or the department restrictions on the use of that pesticide;
(k) made false or misleading statements in connection with a pest inspection of land, crops, yards, or any premises in an attempt to induce any person to engage the licensee's or permittee's services to eliminate, control, or mitigate the alleged pest or made false or misleading statements concerning the effectiveness of any pesticide or its application;
(l) failed to satisfy a judgment entered against the licensee or permittee as a result of a complaint concerning the use of a pesticide.
(2) Decisions of the department relating to the issuing of licenses or permits may be appealed.
History: En. Sec. 18, Ch. 403, L. 1971; amd. Sec. 9, Ch. 462, L. 1977; R.C.M. 1947, 27-230; amd. Sec. 4, Ch. 184, L. 1981; amd. Sec. 1, Ch. 189, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-212. Retail sale of pesticides -- education program

80-8-212. Retail sale of pesticides -- education program.
(1) The department of agriculture is authorized to designate the pesticides that may be sold in this state at retail for home, yard, garden, and lawn use. Only pesticides so designated may be sold at retail. The department may also limit the retail sale of such designated pesticides to quantities up to a specific number of pounds or gallons and of such concentrations as would be sublethal to humans and animals if small amounts thereof were accidentally swallowed, inhaled, sprayed, or dusted on the skin.
(2) Subject to the availability of funds, the department and the Montana state university-Bozeman extension service shall enter into a cooperative agreement to establish an education program for retailers and the general public on pests, pesticides, and alternative control methods.
History: En. Sec. 15, Ch. 403, L. 1971; amd. Sec. 4, Ch. 447, L. 1973; amd. Sec. 7, Ch. 462, L. 1977; R.C.M. 1947, 27-227; amd. Sec. 3, Ch. 588, L. 1991; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-213. Government agencies

80-8-213. Government agencies.
(1) All state agencies, municipal corporations, or any other governmental agencies are subject to the provisions of this chapter and rules adopted under this chapter concerning the application or sale of pesticides. Applicators and operators applying pesticides and dealers selling pesticides for agencies, municipal corporations, or any governmental agencies are subject to the provisions of 80-8-203 through 80-8-208.
(2) The department shall issue a limited commercial applicator's or dealer's license for an annual fee of $50, which is valid only when an applicator or dealer is applying or selling pesticides for a state agency, municipal corporation, or any other governmental agency, provided that the jurisdictional health officer, state veterinarian, their duly authorized representatives, or governmental research personnel are exempt from this licensing requirement when applying pesticides to experimental areas.
(3) (a) A governmental agency shall pay for each of its first four employee applicators:
(i) an annual applicator's fee of $60; and
(ii) an additional fee of $10 to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year.
(b) A governmental agency shall pay for each additional employee applicator:
(i) an annual applicator's fee of $5; and
(ii) an additional fee of $10 to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year.
(c) A government agency may not be required to pay more than $895 annually for the licensing of employees as applicators and operators.
(d) Fees collected pursuant to this subsection (3) for the purpose of funding the waste pesticide and pesticide container collection, disposal, and recycling program must be deposited in the state special revenue account pursuant to 80-8-112.
(4) Government employees becoming certified applicators only to qualify for conducting pesticide education courses may not be charged a license fee but are limited to providing the courses. Government operators are subject to rules adopted pursuant to 80-8-205, including the license fee.
History: En. Sec. 19, Ch. 403, L. 1971; amd. Sec. 10, Ch. 462, L. 1977; R.C.M. 1947, 27-231; amd. Sec. 8, Ch. 633, L. 1983; amd. Sec. 9, Ch. 465, L. 1993; amd. Sec. 3, Ch. 216, L. 2003; amd. Sec. 8, Ch. 244, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 2. Registration and Licensing › 80-8-214. Liability

80-8-214. Liability.
The department shall annually require from each commercial pesticide applicator proof of financial responsibility in amounts to be determined under rules promulgated by the department.
History: En. Sec. 20, Ch. 403, L. 1971; amd. Sec. 29, Ch. 13, L. 1977; amd. Sec. 11, Ch. 462, L. 1977; R.C.M. 1947, 27-232.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 9. Commercial Feeds › Part 3. Enforcement and Penalties › 80-9-302. Enforcement -- embargo order -- condemnation

80-9-302. Enforcement -- embargo order -- condemnation.
(1) When the department has reasonable cause to believe any lot of commercial feed or other feed is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written or printed embargo order requiring the person holding the commercial feed not to dispose of it in any manner until written permission is given by the department or the court. The department shall release the feed when this chapter and the rules of the department have been complied with. If compliance is not obtained within 30 days, the department may begin or, upon the request of the registrant, manufacturer, licensee, or person holding the commercial feed, shall begin proceedings for condemnation.
(2) Commercial feed not in compliance with this chapter or the rules of the department may be seized on complaint of the department to a district court in the area in which the commercial feed is located. If the court finds the commercial feed in violation of this chapter and orders its condemnation, it must be disposed of in any manner consistent with the quality of the commercial feed and state law. The disposition of the commercial feed may not be ordered by the court without first giving the owner or person from whom the feed was seized an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
History: En. Sec. 12, Ch. 356, L. 1973; R.C.M. 1947, 3-2036; amd. Sec. 11, Ch. 396, L. 1999; amd. Sec. 4, Ch. 46, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 9. Commercial Feeds › Part 3. Enforcement and Penalties › 80-9-303. Violation -- penalty -- injunction -- appeal

80-9-303. Violation -- penalty -- injunction -- appeal.
(1) A person who is convicted of violating this chapter or rules adopted under this chapter or who obstructs, prevents, or attempts to obstruct or prevent the department in the performance of its duty under this chapter is subject to one or both of the following penalties:
(a) a misdemeanor and shall be fined not less than $100 or more than $300 for the first violation and not less than $500 or more than $1,000 for a subsequent violation;
(b) an administrative civil penalty of not more than $1,000 for each offense. Assessment of a penalty under this subsection (1)(b) may be made in conjunction with any other warning, order, or administrative action by the department, under the authority of this part.
(2) The department may by rule establish a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under subsection (1)(b). In developing rules for determining appropriate civil penalties, the department shall consider the significance or gravity of a violation, the degree of care exercised by the offender, and the adverse impact or potential adverse impact or effects on animals or humans. Violations that are determined to be nonsignificant but that are repeated within a 2-year period may also subject a person to a civil penalty. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.
(3) Nothing in this chapter requires the department to prosecute, begin seizure proceedings, issue civil penalties, or issue an embargo order as a result of minor violations or when it believes the public interest will best be served by suitable notice of warning in writing.
(4) A county attorney to whom a violation is reported shall prosecute in a court of competent jurisdiction without delay. Before the department reports a violation for prosecution, an opportunity must be given the person to present the person's view to the department.
(5) The department may, in the district court of the first judicial district, apply for and the court may grant a temporary or permanent injunction restraining any person from violating this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction must be issued without bond.
(6) Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within 30 days seek judicial review in the district court of the first judicial district.
History: En. Sec. 13, Ch. 356, L. 1973; R.C.M. 1947, 3-2037(1) thru (5); amd. Sec. 12, Ch. 396, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 9. Commercial Feeds › Part 3. Enforcement and Penalties › 80-9-304. Disclosure of information prohibited

80-9-304. Disclosure of information prohibited.
(1) A person who uses to that person's own advantage or reveals to persons other than officers of the department or to the courts when relevant in a judicial proceeding any information acquired under this chapter concerning any method, records, formulations, or processes which as a trade secret is entitled to protection is guilty of a misdemeanor and shall be fined not more than $300 or imprisoned for not more than 1 year, or both.
(2) The department may exchange information of a regulatory nature with the proper officials of the United States government or of other states who are similarly prohibited by law from revealing that information. The department may not release information obtained from officials of the United States government or of other states when those officials have determined and advised the department in writing that, based on the statutes governing those officials, the information is confidential.
History: En. Sec. 13, Ch. 356, L. 1973; R.C.M. 1947, 3-2037(6); amd. Sec. 13, Ch. 396, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 1. General Provisions › 80-10-102. Guaranteed analysis

80-10-102. Guaranteed analysis.
(1) Guaranteed analysis is the minimum percentage of plant nutrients claimed in the following order and form:
(a) The following plant nutrients must be guaranteed:
Total nitrogen (N) %
Available phosphate (P2O5) %
Soluble potash (K2O) %
(b) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphate and degree of fineness may also be guaranteed.
(c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium may be permitted or required by rules adopted by the department. The guarantees for other nutrients must be expressed in the form of the element. The sources of other nutrients, including but not limited to oxides, salt, and chelates, may be required to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the department. When any plant nutrients or other substances or compounds are guaranteed, they are subject to inspection and analysis in accordance with the methods and regulations prescribed by the department.
(d) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton must be guaranteed when required by regulation.
(2) Soil amendments must guarantee each soil amending ingredient and the total other ingredients in terms approved by the department or set forth in rules issued by the department. Soil amendments must also meet any other requirements established by department rule.
History: En. 3-1714.1 by Sec. 87, Ch. 218, L. 1974; Sec. 3-1714.1, R.C.M. 1947; amd. and redes. 3-1714.3 by Sec. 2, Ch. 279, L. 1975; amd. Sec. 18, Ch. 13, L. 1977; R.C.M. 1947, 3-1714.3; amd. Sec. 5, Ch. 395, L. 2009.