reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.205 - SPECIFIC STANDARDS OF COMPETENCY FOR EACH APPLICATOR CLASSIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Certified commercial, public utility,
				government, and noncommercial pesticide applicators shall be examined and
				qualified with respect to the following practical knowledge standards:
(a) Agricultural pest control applicators may
				be classified into one of three areas:
(i)
				Plant applicators must demonstrate practical knowledge of crops grown and the
				specific pests of those crops on which they may be using pesticides. The
				importance of such competency is amplified by the extensive areas involved, the
				quantities of pesticides needed, and the ultimate use of the quantities of
				pesticides needed, and the ultimate use of many commodities as food and feed.
				Practical knowledge is required concerning soil and water problems, preharvest
				intervals, reentry intervals, phytotoxicity, and potential for environmental
				contamination, nontarget injury, and community problems resulting from the use
				of pesticides in agricultural areas.
(ii) Animal applicators applying pesticides
				directly to animals must demonstrate practical knowledge of such animals and
				their associated pests. A practical knowledge concerning specific pesticide
				toxicity and residue potential is also required since host animals will
				frequently be used for food. Further, the applicator must know the relative
				hazards associated with such factors as formulation, application techniques,
				age of animals, stress, and extent of treatment.
(iii) Vertebrate applicators must demonstrate
				practical knowledge of vertebrates for which they may be using pesticides. They
				should possess practical knowledge of the cyclic occurrence of certain pests
				and specific population dynamics as a basis for programming pesticide
				applications. The applicator must demonstrate a practical knowledge of control
				and application methods which will minimize the possibility of secondary
				problems such as unintended effects on wildlife. These applicators must
				demonstrate knowledge of the use of these pesticides which will minimize or
				prevent hazards to humans, pets, and other domestic animals.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.206 - INDIVIDUALS REOUIRING A PESTICIDE OPERATOR'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Employees of certified applicators under
				certain conditions of use for general and restricted-use pesticides shall be
				required to become licensed pesticide operators. Only one certified applicator,
				or licensed operator shall be required for each spraying equipment unit when in
				actual operation. Application for an operator's license shall be made on a
				standard application form provided by the department.
(2) Licensed operators shall be allowed to
				use and apply only those pesticides that the certified applicator he is
				supervised by is qualified to use and apply. A licensed operator may use
				general or restricted-use pesticides within 100 miles of the applicator when he
				is under the direct supervision of a certified applicator. Licensed operators
				may not apply general or restricted-use pesticides beyond 100 miles of the
				applicator.
(3) An individual may
				under certain conditions be licensed as a noncommercial operator under the
				direct supervision of a certified noncommercial applicator. In these cases, the
				licensed operator may use restricted-use pesticides under the direct
				supervision of the certified applicator provided that the uses of the
				pesticides are restricted to any of the employer's premises or materials on the
				premises, and that the treated materials are not sold to the general
				public.
(4) Applicator employees
				required to become licensed operators shall make application for license on a
				form approved by the department. The license fee shall be $25 per applicant,
				provided that only the first two operator applicants per applicator business
				shall have to pay the $25 licensing fee. Thereafter, the fee per additional
				applicant shall be $10. Fifteen dollars ($15) of the fee for each of the first
				two operators and $5 of the fee for each additional operator shall be deposited
				in the state special revenue account as required by
				80-8-205,
				MCA.
(5) Individuals using and
				applying general or restricted use pesticides shall qualify for an operator
				license by:
(a) passing a department
				examination;
(b) attending a
				department training course; or
(c)
				receiving training from a certified applicator of the business or government
				agency who must certify the individual's completion of the training.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.207 - APPLICATOR RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Commercial,
				public utility, government, noncommercial applicators and their operators must
				keep and maintain application records for two years.
(2) Every application record performed either
				by an applicator or operator must include:
(a) The name of the applicator or operator
				applying the pesticide;
(b) Date
				of application;
(c) Time of
				application, including both start and end times;
(d) Location, including the property owner's
				or lessee's name and address where the pesticide was applied;
(i) The specific application site must be
				expressed by township, range, and section numbers, local identifiable
				landmarks, or latitude and longitude coordinates.
(ii) Right-of-way applications may be
				expressed in general terms of identifiable landmarks.
(iii) Nonagricultural applications may
				specify the site, building, facility, premise, or other identifiable
				landmarks.
(e) Equipment
				used;
(i) If the same piece of equipment is
				used for all applications, then this equipment may be listed only once. If more
				than one piece of equipment is utilized, the applicator may assign a number to
				each piece of equipment and list the equipment once by description and
				thereafter by number.
(f) The pesticide or pesticides used,
				including the company name, trade name, and the EPA registration number
				;
(g) The rate of application,
				including the amount of formulated product per volume or weight to be applied
				on a given unit area;
(h) The area
				treated (number of acres, trees, livestock, square feet or yards, etc.) or the
				type of treatment for structural, seed treatment, or wood product
				applications;
(i) The primary pest
				or pests involved;
(j) The site or
				crop treated and stage of crop development, if applicable; and
(k) Weather conditions such as wind speed,
				wind direction, and temperature, if applicable.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.208 - INCONSISTENT USE

Current through Register Vol. 13, July 5, 2024
No person shall, use or recommend use of a pesticide in a
				  manner inconsistent with the registered labeling, or with the agency or
				  department restrictions that have been placed on the use of that
				  pesticide.
Sec.
					 80-8-105 MCA;
					 IMP, Secs.
					 80-8-105 MCA,
					 80-8-211
					 MCA,
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.209 - NOTIFICATION BY APPLICATORS

Current through Register Vol. 13, July 5, 2024
(1) Applicators
				applying environmental protection agency restricted pesticides shall notify the
				owner, lessee or manager of the property of all precautions and restrictions
				prior to application of the restricted pesticide. The applicator, if requested,
				shall provide a copy of the label to the owner, manager or lessee. Applicators
				applying Environmental Protection Agency restricted pesticides in an easement
				or right-of-way situation shall not be required to notify any person if the
				applicator is employed by or specifically contracted by the person holding or
				managing the easement or right-of-way.
80-8-105, MCA;
					 IMP,
					 80-8-105,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.210 - PESTICIDE CERTIFICATION AND TRAINING - FEES

Current through Register Vol. 13, July 5, 2024
(1) All fees for
				services are payable upon purchase or on receipt of a billing statement. The
				department may assess a collection fee of 18% annual percentage rate, or assess
				a minimum fee of $25, whichever is greater, for any payment amount not received
				on or before the last regular business day of each month. The department may
				require past due payment of fees prior to allowing additional purchases or
				providing additional services, such as inspections. The fees shall be as
				follows:
(a) pesticide study manuals: a
				maximum fee of $15 for each study manual; and
(b) pesticide applicator training courses:
(i) initial pesticide applicator training
				courses: a maximum fee of $75; and
(ii) fall pesticide core and
				category-specific training courses: a maximum fee of $30.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.301 - SALE OR USE OF AQUATIC HERBICIDES PROHIBITED- EXCEPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.302 - SALE OF AQUATIC HERBICIDES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.303 - USE OF AQUATIC HERBICIDES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.304 - APPLICATION FOR PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.305 - APPLICATOR RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.306 - APPLICATOR INCIDENT REPORT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.307 - AQUATIC PESTICIDE TRAINING CREDENTIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.308 - PERSONAL LIABILITY FOR DAMAGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 MCA,
					 80-8-214
					 MCA; IMP, Sec.
					 80-8-105 MCA,
					 80-8-214
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.309 - VIOLATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 MCA,
					 80-8-211
					 MCA,
					 80-8-306
					 MCA; IMP, Secs.
					 80-8-105 MCA,
					 80-8-211
					 MCA;
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.310 - EXPIRATION DATE OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.311 - DESIGNATION OF RESTRICTED-USE AQUATIC HERBICIDES

Current through Register Vol. 13, July 5, 2024
(1) The sale and use of aquatic herbicides
				that contain one or more of the following active ingredients intended for
				remission of aquatic vegetation, must be designated as restricted-use:
(a) xylene,
(b) acrolein.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.312 - SALE OF RESTRICTED-USE AQUATIC HERBICIDES

Current through Register Vol. 13, July 5, 2024
(1) Only licensed pesticide dealers may sell
				a registered, restricted-use aquatic herbicide and only under the following
				conditions:
(a) Sale or distribution can only
				be made to a certified applicator who holds an aquatic pest control license or
				permit issued by the department.
(b) Each dealer must maintain a complete
				record of each restricted-use aquatic herbicide sale. These records must be
				retained for a period of two (2) years. Records shall include all requirements
				contained within ARM
				4.10.504.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.313 - USE OF RESTRICTED-USE AQUATIC HERBICIDES

Current through Register Vol. 13, July 5, 2024
(1) Only persons certified and holding an
				aquatic pest control applicator license or permit issued by the department may
				purchase, or use a restricted-use aquatic herbicide.
(a) To initially qualify a person shall pass
				a department aquatic herbicide examination.
(b) To maintain qualifications for
				certification, all applicators, except farm applicators, must comply with ARM
				4.10.203(5),
				MCA.
(c) All farm applicators must
				attend six hours of department approved aquatic training, or pass an aquatic
				herbicide examination to maintain qualifications. The permit issued will
				conform to the five year qualification period established for the district in
				which the farm applicator resides.
(d) The department may require training to
				obtain or maintain an aquatic pest control applicator license if significant
				changes occur in aquatic herbicide use patterns or aquatic vegetation control
				techniques.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.314 - APPLICATION OF RESTRICTED-USE AQUATIC HERBICIDES

Current through Register Vol. 13, July 5, 2024
(1) All certified licensed or permitted
				aquatic pest control applicators who plan to apply a restricted-use aquatic
				herbicide shall:
(a) Submit for approval a
				preseason aquatic vegetation management plan to the department by at least two
				(2) weeks prior to the first aquatic herbicide application. No applicator shall
				apply a restricted-use aquatic herbicide without management plan approval by
				the department. Management plan forms are available upon request from the
				department. The management plan must contain:
(i) a legible map of the ditch (preferably
				drawn on a USGS 7.5' topographic map or other appropriately detailed base map)
				area showing the location of:
(A) all ditch
				or canal segments, or other surface waters to be treated;
(B) all structures (flumes, siphons, wiers,
				waste gates, etc.) along treated segments;
(C) all state waters within the general area
				which treated waters parallel, cross or could potentially
				contaminate;
(D) all herbicide
				application points;
(E) all areas
				where treated water will be discharged;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.315 - APPLICATOR RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All
				applicators, including farm applicators, must maintain and submit, upon request
				by the department, a record of each restricted-use aquatic herbicide
				application.
(a) These records shall include:
(i) name of the applicator and/or
				operator;
(ii) name of the ditch,
				canal, or area treated and county where located;
(iii) application point(s) and areas of
				ditch, canal or other surface waters treated;
(iv) company name, trade name, and the EPA
				registration number or formulation of the herbicide(s) used;
(v) date of application and amount and rate
				of herbicide used;
(vi) weeds
				controlled;
(vii) type of equipment
				used and method of application.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.316 - APPLICATOR INCIDENT REPORT

Current through Register Vol. 13, July 5, 2024
(1) Any person
				who, through their own actions or omissions or the actions or omissions of
				persons under their direction or control, causes or allows any restricted-use
				aquatic herbicide to escape into or be deposited into any public waters or
				private waters, or causes or allows any aquatic herbicide to escape onto or be
				deposited on any person, lands or property, shall provide notice to the
				department by the quickest means possible immediately following said herbicide
				misapplication or escape. The notice shall give the geographic location of the
				incident, the name of the pesticide involved and the name(s) and address(es) of
				the person(s) whose waters, land, person or property, including the state of
				Montana's, was subjected to the herbicide application.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.317 - PERSONAL LIABILITY FOR DAMAGES

Current through Register Vol. 13, July 5, 2024
(1)
				Nothing in these rules shall be construed to relieve any person, including
				landowner or applicator, from liability for damage to the person, lands, water,
				or other property of another, including the state of Montana, caused by the use
				of aquatic herbicides even though such use conforms to the rules of the
				department.
Secs.
					 80-8-105 MCA;
					 IMP, Secs.
					 80-8-105 MCA,
					 80-8-214
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.3 - Aquatic Herbicide Rules › Rule 4.10.318 - VIOLATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 MCA;
					 IMP, Secs.
					 80-8-105 MCA,
					 80-8-211
					 MCA,
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.4 - Certification of Farm Applicator Rules › Rule 4.10.401 - FARM APPLICATOR CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A farm
				applicator desiring to use restricted use pesticides is required to apply for a
				special use permit or certificate on a form approved by the department. Each
				application form must be completed in its entirety prior to processing by the
				department.
(a) Applicants, who have
				completed the application form, paid the fee, passed the required examination
				or have attended an approved training course and have taken an ungraded quiz at
				the conclusion of the course, will be issued a certificate by the department to
				purchase and use restricted use pesticides. Passage of the required examination
				or attendance at a training course qualifies applicators for five consecutive
				years. The applicator's first requalification and recertification date will be
				based upon the staggered schedule established for the permit district in which
				the person resides.
(b) The
				certificate is effective for five years from the date of issuance to December
				31 of the fifth year except as provided in (1)(a). Farm applicators may renew
				their certification to purchase and use restricted use pesticides by submitting
				their application and fee to the department.
(c) Training manuals and/or training
				materials for farm applicators are approved by the department. If the
				applicator elects to qualify by examination, these training manuals and/or
				training materials serve as the basis for the examination.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.4 - Certification of Farm Applicator Rules › Rule 4.10.402 - EMERGENCY PEST PROBLEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-8-105, MCA;
					 IMP,
					 80-8-105,
					 80-8-209,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.4 - Certification of Farm Applicator Rules › Rule 4.10.403 - CREDENTIALS

Current through Register Vol. 13, July 5, 2024
(1) Certified farm applicators may request
				the department to issue credentials for two members of their immediate family
				or employees allowing them to purchase and use pesticides under the
				applicator's certificate and supervision. A person in possession of such
				credentials may only purchase restricted use pesticides for which the farm
				applicator is certified and may only use such pesticides upon lands owned,
				rented, or leased by the farm applicator.
AUTH:
					 80-8-105, MCA;
					 IMP:
					 80-8-105,
					 80-8-209,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.4 - Certification of Farm Applicator Rules › Rule 4.10.404 - IMPROPER PURCHASE OR USE

Current through Register Vol. 13, July 5, 2024
(1) No farm
				applicator, family member or employee may use or recommend use of a pesticide
				in a manner inconsistent with registered labeling, or with any agency or
				department restrictions that have been placed on the use of that
				pesticide.
(2) No farm applicator,
				family member, or employee may purchase or use a restricted pesticide without
				either a permit or a credential. All applications made by family members or
				employees must be under the direct supervision of a farm applicator.
(3) For the purposes of applying
				80-8-209, MCA,
				the term "vicinity" means using nonrestricted (general use) pesticides on lands
				immediately adjacent or across a road from lands owned, leased, or rented by
				the farm applicator doing the applications.
(4) Except as allowed in
				80-8-209, MCA,
				and (3), a farm applicator, family member, or employee who applies pesticides
				for hire or regularly engages in the business of applying pesticides for others
				must be licensed as a commercial applicator.
AUTH:
					 80-8-105,
					 80-8-211,
					 80-8-306,
					 MCA; IMP:
					 80-8-105,
					 80-8-211,
					 80-8-306,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.5 - Pesticide Dealer and Retailer Rules › Rule 4.10.502 - RETAIL SALE OF PESTICIDES

Current through Register Vol. 13, July 5, 2024
(1) The retail sale
				of pesticides shall be limited to products:
(a) labeled for only home, yard, lawn, and/or
				garden uses; and
(b) classified as
				general use.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.5 - Pesticide Dealer and Retailer Rules › Rule 4.10.504 - DEALER RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Pesticide
				dealers, including pharmacists, veterinarians, and certified pharmacies, must
				maintain shipping, purchase, or invoice records of all pesticide products
				received. These records must be retained for two years.
(2) Dealers, including pharmacists,
				veterinarians, and certified pharmacies, must maintain a complete record of all
				restricted use pesticides purchased and sold. These records must be retained
				for two years.
(3) The sales record
				of restricted use pesticides must include:
(a)
				The company name on the label;
(b)
				The complete trade name ;
(c) The
				EPA registration number;
(d) The
				volume sold;
(e) The license or
				permit number of the applicator or the dealer purchasing the
				pesticide;
(f) The date of sale;
				and
(g) The name of the applicator,
				dealer, employee, or family member purchasing the pesticide.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.5 - Pesticide Dealer and Retailer Rules › Rule 4.10.505 - VIOLATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 MCA,
					 80-8-211
					 MCA; IMP, Secs.
					 80-8-105 MCA,
					 80-8-207 MCA,
					 80-8-211
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.6 - Rules for Issuance, Revocation, or Denial of Pesticide Licenses and Permits › Rule 4.10.601 - RULES OF PRACTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA,
					 80-8-211
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.6 - Rules for Issuance, Revocation, or Denial of Pesticide Licenses and Permits › Rule 4.10.602 - GRANTING, RENEWING, AND DENYING LICENSES, CERTIFICATES, AND PERMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Secs.
					 80-8-105 MCA;
					 80-8-211
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.6 - Rules for Issuance, Revocation, or Denial of Pesticide Licenses and Permits › Rule 4.10.603 - REVOCATION OF LICENSES AND PERMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 MCA,
					 80-8-211
					 MCA,
					 80-8-306
					 MCA; IMP, Secs.
					 80-8-105 MCA,
					 80-8-211
					 MCA,
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.6 - Rules for Issuance, Revocation, or Denial of Pesticide Licenses and Permits › Rule 4.10.604 - PERMANENT INJUNCTION OR REVOCATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 MCA,
					 80-8-106
					 MCA,
					 80-8-211
					 MCA,
					 80-8-306
					 MCA; IMP, Secs.
					 80-8-105 MCA,
					 80-8-106
					 MCA,
					 80-8-211
					 MCA,
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.701 - REGISTRATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All persons
				selling, distributing, offering for sale, exchanging, giving away, bartering,
				using, or applying pesticides must follow label directions and labeling
				requirements. Only persons certified by the department may purchase, use, and
				apply restricted use pesticides. It is unlawful to make a restricted pesticide
				available for use to anyone who is not a certified applicator unless they are
				allowed such use in law or by rule.
(2) Only certified applicators or those under
				their direct supervision may use restricted use pesticides. The department may
				impose other restrictions, such as the type of applicator who may use the
				pesticide, or the time and place that the pesticide(s) may be used.
(3) Pesticides registered in the state are
				classified by the department as either restricted use or general. The
				department may classify a pesticide as restricted use if it determines that,
				without regulatory restrictions, the pesticide would cause unreasonable adverse
				effects to the environment, animals, or humans. Additional registration
				restrictions will be established and adopted by the department in
				rule.
(4) In addition to the
				requirements set forth in the Federal Insecticide, Fungicide, and Rodenticide
				Act (FIFRA), pesticide labeling must also meet state standards set forth in (5)
				through (7).
(5) Any pesticide
				exempted from registration under the provisions of section 18 of FIFRA must
				provide the department with an application in accordance with Title 40 of the
				Code of Federal Regulations (CFR), Part 166.
(a) Pesticides distributed under section 18
				of FIFRA must include department-approved labels prior to distribution. The
				label must include all conditions granting emergency exemption and all other
				required items determined by the department. The department may establish
				additional requirements for registration of section 18 pesticides.
(b) Documents granting emergency exemptions
				may be used in lieu of labeling in situations where a label cannot be developed
				and approved prior to the intended use period. Conditions submitted as part of
				the granting document and any attached or associated documentation from the
				department may be considered labeling for the purpose of enforcement.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.702 - REGISTRATION REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-8-105,
					 MCA IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.703 - CLASSIFICATION OF PESTICIDES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.704 - CHANGE IN CLASSIFICATION FROM GENERAL TO RESTRICTED USE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.705 - WARNINGS AND PRECAUTIONARY STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.706 - CONTENTS OF LABEL DIRECTIONS FOR USE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.707 - STATEMENT OF USE CLASSIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.708 - VIOLATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105,
					 80-8-211,
					 80-8-306
					 MCA; IMP, Secs.
					 80-8-105,
					 80-8-211,
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.709 - USE OF PESTICIDES ON PEST INFESTATIONS IN ALFALFA SEED CROPS

Current through Register Vol. 13, July 5, 2024
(1) Pesticides registered for use in Montana
				under section 24(c) of FIFRA for use on alfalfa seed only are covered by this
				rule. The use of these pesticide products is not permitted on fields producing
				alfalfa for livestock feed and no portion of the treated field, including seed,
				seed screening, hay forage or stubble, may be used for human food or animal
				feed.
(2) The current year's
				treated alfalfa seed crop may not be used or distributed for animal feed
				purposes such as cut for hay, green chop, pellets, meal, or stubble, nor can
				grazing take place on the current year's treated alfalfa seed crops.
(3) Screenings or other crop byproducts
				cannot enter feed channels by distribution and/or direct use. All alfalfa seed
				screenings and/or crop byproducts that were treated with any of the section
				24(c) of FIFRA pesticides for alfalfa seed production only must be immediately
				removed from the feed market, and disposed of in such a manner that they cannot
				be distributed or used for feed or food purposes. The alfalfa seed conditioner
				must keep records of all alfalfa seed screenings and their disposal (site,
				method, amount and type of material, date of shipment) and furnish these
				records to the department upon request. Treated alfalfa seed must not be used
				or distributed for human food (sprouting).
(4) All alfalfa seed treated with any of
				section 24(c) of FIFRA pesticides registered for use in alfalfa seed production
				only must be tagged at processing plants and such tag must state NOT FOR HUMAN
				CONSUMPTION AND/OR ANIMAL FEED. It is the grower's responsibility to notify the
				processing plants of any seed crops treated with any of the section 24(c) of
				FIFRA pesticides for use in alfalfa seed production only.
(5) All usage, in addition to the
				requirements of this rule, must comply with the section 24(c) of FIFRA labels
				for the pesticides registered for use in alfalfa seed production
				only.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.7 - Restriction of Pesticide Rules › Rule 4.10.710 - ANNUAL PESTICIDE REGISTRATION FEE/SPECIAL NEEDS FEE

Current through Register Vol. 13, July 5, 2024
(1) The annual pesticide registration fee is
				$130.
(2) The pesticide
				registration special needs fee is $8.
AUTH:
					 80-8-201,
					 MCA; IMP:
					 80-8-201,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.801 - DEFINITION OF TERMS

Current through Register Vol. 13, July 5, 2024
These definitions are intended to supplement all existing
				  rules adopted under the Montana Pesticides Act, Title 80, chapter 8,
				  MCA.
(1) "Empty pesticide container"
				means any pesticide container from which the pesticide contents have been
				removed by pouring, shaking, pumping, aspirating or by other means and in which
				no pesticide contents remain that can be practically removed by these or
				similar methods.
(2) "Pesticide
				container" means any package or packaging in which a pesticide is in contact
				with the inner surface. The term does not include any shipping material used to
				hold more than one pesticide container or a bulk container used for
				transporting or delivering a pesticide.
(3) "Rinsate" means any mixture of rinse
				material and the residual contents of an empty pesticide container that is
				produced in the process of rinsing an empty pesticide container.
(4) "Rinse material" means any liquid or
				other material permitted by the labeling or otherwise approved by the U.S.
				environmental protection agency or the department to rinse empty pesticide
				containers.
(5) "Rinsed pesticide
				container" means an empty pesticide container that has been triple or power
				rinsed or rinsed by equivalent procedures as described in ARM
				4.10.803.
(6) "Visible residue" means any rinsate with
				an amber, milky or other coloration associated with a specific
				pesticide.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.802 - RINSING AND DISPOSAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				These rules apply to any person handling, using, rinsing or disposing of
				pesticide containers. All pesticide labeling requirements, including any
				rinsing requirements, and these rules must be complied with when preparing and
				handling any pesticide container for disposal, recycling, refilling, or
				returning to the dealer, distributor or registrant. If the label instructions
				for rinsing or disposal of a pesticide container are different from these
				rules, the more restrictive requirement must be followed.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.803 - RINSING EMPTY PESTICIDE CONTAINERS

Current through Register Vol. 13, July 5, 2024
(1) All
				empty pesticide containers shall be triple or power rinsed or rinsed by
				equivalent procedures approved by the department except as exempted in (1) (a)
				and (b). Such rinsing shall occur within 48 hours of the time that the
				container is rendered empty. Containers should be rinsed immediately after
				being emptied and the rinsate used as diluent in pesticide applications.
(a) Aerosol containers, fiber drums with
				liners, paper, fiber and plastic bags, containers designated by label for
				refilling, water soluble containers and compressed gas cylinders are exempted
				from this rule. Rinsing instructions on the pesticide container label must be
				followed.
(b) Containers from
				retail pesticides labeled only for home, yard, and garden uses as set forth in
				ARM 4.10.502 are exempt from this rule.
				These containers should be rinsed according to the procedures of this
				rule.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.804 - USE OF RINSATES

Current through Register Vol. 13, July 5, 2024
(1) Rinsates may be
				applied as pesticides provided that applicable label directions are followed
				for each registered pesticide in the rinsate.
(2) Rinsates may be used as a diluent in
				pesticide mixtures where:
(a) the pesticides
				in the rinsate and the mixture are the same or compatible;
(b) tank mixing is not prohibited by the
				pesticide labels;
(c) the
				application site is listed on each pesticide label.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.805 - DISPOSAL AND RECYCLING OF METAL, GLASS OR PLASTIC PESTICIDE CONTAINERS

Current through Register Vol. 13, July 5, 2024
(1) All rinsed pesticide containers shall be
				punctured or rendered unusable; and, within 90 days, disposed of in a sanitary
				landfill as a solid waste or sent to a department approved recycler or
				reconditioner if allowed by the label.
(2) Empty pesticide containers not required
				to be rinsed shall be disposed of within 7 days, preferably within 48 hours,
				following procedures in ARM
				4.10.806.
(3) Containers authorized by the label for
				refilling are exempted from this rule.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.806 - DISPOSAL OF OTHER TYPES OF EMPTY PESTICIDE CONTAINERS

Current through Register Vol. 13, July 5, 2024
(1) Aerosol pesticide containers shall be
				handled in the following manner:
(a) The cap
				shall be replaced.
(b) The
				container shall be wrapped in absorbent material.
(c) The container shall be discarded in a
				sanitary landfill.
(d) Aerosol
				containers shall not be punctured, burned or incinerated.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.807 - BURNING OR INCINERATION OF PESTICIDE

Current through Register Vol. 13, July 5, 2024
(1)
				The Department of Environmental Quality (DEQ) must approve pesticide container
				burning or incineration.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.8 - Rinsing and Disposing of Pesticide Containers › Rule 4.10.808 - HANDLING PESTICIDE CONTAINERS BEING RINSED, RECYCLED, RECONDITIONED, DISPOSED OR REFILLED

Current through Register Vol. 13, July 5, 2024
(1) Any person
				rinsing or preparing a pesticide container for disposal, recycling,
				reconditioning or refilling must follow the personal protective procedures and
				precautions on the pesticide label. These may include use of non-absorbent
				gloves, coveralls, apron, hat and footwear; approved respiratory protection
				devices; and eye protection.
(2) No
				person shall use, reuse, offer for sale, exchange or give away an empty or
				rinsed pesticide container for any purpose, except as allowed by these
				rules.
(3) Any person licensed,
				certified or permitted under the Montana Pesticides Act or persons that are
				required to possess such credentials shall be responsible for training,
				supervising and monitoring employees or any other person involved with the
				rinsing and/or disposal of pesticide containers. The responsibilities include
				educating and training employees or other persons on labeling precautions and
				directions; the rules contained in this sub-chapter; and appropriate measures
				to protect agriculture, human health and the environment.
(4) Empty or rinsed pesticide containers
				shall be stored within an enclosure that restricts entry by unauthorized
				persons. Transportation of empty or rinsed pesticide containers shall be in a
				manner that protects human health and the environment.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.9 - Endrin › Rule 4.10.901 - SALE AND USE OF ENDRIN FOR PALE WESTERN AND ARMY CUTWORM CONTROL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.9 - Endrin › Rule 4.10.902 - VIOLATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.9 - Endrin › Rule 4.10.903 - ENDRIN (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Secs.
					 80-8-105 and
					 80-8-201
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this part the following definitions apply:
(1) "Animal poisoning" means a pesticide
				exposure to humans, livestock or domestic and wild animals resulting in acute
				and/or chronic illness, harm or death normally verified respectively by a
				physician, a veterinarian or a recognized wildlife pathologist. This
				verification should include documentation either by a laboratory bioassay,
				analytical confirmation, or another department approved scientific
				method.
(2) "Exposure" means the
				process and/or result of introducing a pesticide by any method or route onto or
				into humans, livestock, animals, crops, plants or the environment. Entry into
				treated areas in violation of a restricted entry interval, failure to provide
				required protective equipment (PPE) or clothing, failure to provide required
				decontaminating facilities or failure to provide required facilities for care,
				storage or cleaning PPE or clothing constitutes exposure.
(3) "Harm" means the exposure due to the
				improper use or misuse of a pesticide by direct application or otherwise
				resulting from application or use, resulting in but not limited to:
(a) physical or biological acute, subacute or
				chronic pesticide damage, injury or poisoning to humans, livestock, animals,
				crops, plants or to the environment;
(b) pesticide residues that prevent the
				planting, harvesting production, grazing, consumption or sale of crops,
				livestock, plants or animals;
(c)
				contamination of potable drinking water or contamination of ground or surface
				waters or air exceeding state or federal standards.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1002 - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) Whenever the department has reason to
				believe that a violation of Title 80, chapter 8, MCA or any adopted rule
				thereunder has occurred and the department finds it is in the public interest
				to assess a civil penalty, it may initiate a civil penalty action pursuant to
				the Montana Administrative Procedure Act.
Sec.
					 80-8-105, MCA;
					 IMP, Sec.
					 80-8-306,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1003 - ABILITY TO STAY IN BUSINESS

Current through Register Vol. 13, July 5, 2024
(1) Where a
				determination of the appropriate amount of the penalty must be made under
				80-8-306(5) (d),
				MCA the "effect on the person's ability to stay in business" will be considered
				when the charged person submits bonafide financial information accompanied by
				appropriate documentary evidence. The charged person may request a reduction in
				a civil penalty or an alternate payment schedule.
AUTH:
					 80-8-105, MCA; IMP:
					 80-8-306,
					 MCA