Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.5 - Pesticide Dealer and Retailer Rules › Rule 4.10.503 - PESTICIDE DEALERS REQUIREMENTS AND STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Licensed pesticide dealers may purchase,
				sell, offer for sale, or distribute any pesticide classified as general or
				restricted use registered in that state. Dealers will not be allowed to handle
				certain restricted pesticides which are registered for use, sale, or
				distribution by government agencies only.
(2) New applicants for a dealer license must
				pass a written examination prior to issuance of a license by the department. An
				applicant not receiving a passing score on the first examination and upon
				notification of failure, may retake the examination seven days after
				notification. Applicants failing the second examination and upon notification
				of failure, may retake the examination 15 days after notification. Applicants
				failing the third examination shall not be allowed to retake the examination
				until the next licensing period beginning January 1 the next year. Applicants
				may be reexamined at the department's Helena office or the applicant may make
				arrangements for reexamination at other locations in the state or in other
				states at the convenience and approval of the department.
(3) Competency of applicants by written
				examination shall be determined by their knowledge of the subjects and
				materials set forth in the (Pesticide Applicator Certification Core Manual),
				including future revisions and any other manual, guide, or materials required
				by the department. Examination questions will be derived from these manuals.
				Their degree of difficulty will be based upon the degree of importance
				established by the department for the various subjects. The examination must
				consist of but not be limited to questions on pesticide legislation;
				regulations and guidelines; safety and toxicology; disposal; storage and
				transportation; effects on animals, plants, and environment; fish and wildlife;
				alternatives to chemicals; pollinating insects; selection of control methods;
				factors affecting pesticide applications; classification and formulations of
				insecticides; fungicides, herbicides, and other pesticides and their uses;
				definitions; and recommendations for use of pesticides. The minimum passing
				examination score for applicants to be licensed as dealers shall be
				80%.
(4) Dealers shall be required
				to requalify for licensing prior to December 31, 1986, and by the end of every
				fourth year thereafter. Dealer requalification must be accomplished by either
				passing a dealer examination or by attending 12 hours of training approved by
				the department. Courses must be either six, five, four, three, or two hours of
				training. A dealer attending pesticide training courses must have written
				verification of his/her attendance.
(a)
				Dealers licensed prior to April 30, 2010 who did not receive a score of 80% or
				higher on their core pesticide examination must retest or have obtained 12
				hours of recertification training approved by the department before April 30,
				2011.