Montana Administrative Code

4.10.501 APPLICATION FOR LICENSE A person applying for a commercial pesticide dealer's license shall make application for the license on a standard application form provided by the department. Each application shall be completed in its entirety and the licensing fee paid prior to…

4.10.502 RETAIL SALE OF PESTICIDES The retail sale of pesticides shall be limited to products: labeled for only home, yard, lawn, and/or garden uses; and classified as general use. Retail sales of pesticides not meeting these limitations shall be considered a violation of the act…

4.10.503 PESTICIDE DEALERS REQUIREMENTS AND STANDARDS 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 w…

4.10.504 DEALER RECORDS 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. Dealers, including pharmacists, veterin…

4.10.505 VIOLATIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 MCA, 80-8-211 MCA Implementing statute(s): Secs. 80-8-105 MCA, 80-8-207 MCA, 80-8-211 MCA History: NEW, Eff. 7/5/76; AMD, 1982 MAR p. 560, Eff. 3/26/82; REP, 1986 MAR p. 1007, Eff. 6/13/86.

4.10.601 RULES OF PRACTICE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA, 80-8-211 MCA History: NEW, Eff. 7/5/76; REP, 1986 MAR p. 1007, Eff. 6/13/86.

4.10.602 GRANTING, RENEWING, AND DENYING LICENSES, CERTIFICATES, AND PERMITS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Secs. 80-8-105 MCA History: 80-8-211 MCA; NEW, Eff. 7/5/76; REP, 1986 MAR p. 1007, Eff. 6/13/86.

4.10.603 REVOCATION OF LICENSES AND PERMITS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 MCA, 80-8-211 MCA, 80-8-306 MCA Implementing statute(s): Secs. 80-8-105 MCA, 80-8-211 MCA, 80-8-306 MCA History: NEW, Eff. 7/5/76; REP, 1986 MAR p. 1007, Eff. 6/13/86.

4.10.604 PERMANENT INJUNCTION OR REVOCATION (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 MCA, 80-8-106 MCA, 80-8-211 MCA, 80-8-306 MCA Implementing statute(s): Secs. 80-8-105 MCA, 80-8-106 MCA, 80-8-211 MCA, 80-8-306 MCA History: NEW, Eff. 7/5/76; REP, 1986 MAR p. …

4.10.605 GRANTING, RENEWING, AND DENYING LICENSES, CERTIFICATES, AND PERMITS No person shall be eligible to receive or renew an applicator license in the state of Montana in the event they have received a criminal or civil penalty under FIFRA Sections 14(a) or 14(b) in any jurisd…

4.10.701 REGISTRATION REQUIREMENTS 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…

4.10.702 REGISTRATION REQUIREMENTS (REPEALED) Authorizing statute(s): 80-8-105, MCA Implementing statute(s): 80-8-105, MCA History: NEW, Eff. 7/5/76; AMD, 1996 MAR p. 545, Eff. 2/23/96; REP, 2019 MAR p. 1523, Eff. 9/7/19.

4.10.703 CLASSIFICATION OF PESTICIDES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, Eff. 7/5/76; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.704 CHANGE IN CLASSIFICATION FROM GENERAL TO RESTRICTED USE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, Eff. 7/5/76; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.705 WARNINGS AND PRECAUTIONARY STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, Eff. 7/5/76; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.706 CONTENTS OF LABEL DIRECTIONS FOR USE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, Eff. 7/5/76; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.707 STATEMENT OF USE CLASSIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, Eff. 7/5/76; AMD, 1978 MAR p. 152, Eff. 4/15/78; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.708 VIOLATIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105, 80-8-211, 80-8-306 MCA Implementing statute(s): Secs. 80-8-105, 80-8-211, 80-8-306 MCA History: NEW, Eff. 7/5/76; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.709 USE OF PESTICIDES ON PEST INFESTATIONS IN ALFALFA SEED CROPS 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 …

4.10.710 ANNUAL PESTICIDE REGISTRATION FEE/SPECIAL NEEDS FEE The annual pesticide registration fee is $130. The pesticide registration special needs fee is $8. Authorizing statute(s): 80-8-201, MCA Implementing statute(s): 80-8-201, MCA History: NEW, 2017 MAR p. 1950, Eff. 10/28/…

4.10.801 DEFINITION OF TERMS These definitions are intended to supplement all existing rules adopted under the Montana Pesticides Act, Title 80, chapter 8, MCA. "Empty pesticide container" means any pesticide container from which the pesticide contents have been removed by pourin…

4.10.802 RINSING AND DISPOSAL REQUIREMENTS 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…

4.10.803 RINSING EMPTY PESTICIDE CONTAINERS All empty pesticide containers shall be triple or power rinsed or Aerosol containers, fiber drums with liners, paper, fiber and plastic bags, containers designated by label for refilling, water soluble containers and compressed gas cyli…

4.10.804 USE OF RINSATES Rinsates may be applied as pesticides provided that applicable label directions are followed for each registered pesticide in the rinsate. Rinsates may be used as a diluent in pesticide mixtures where: the pesticides in the rinsate and the mixture are the…

4.10.805 DISPOSAL AND RECYCLING OF METAL, GLASS OR PLASTIC PESTICIDE CONTAINERS 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 reconditi…

4.10.806 DISPOSAL OF OTHER TYPES OF EMPTY PESTICIDE CONTAINERS Aerosol pesticide containers shall be handled in the following manner: The cap shall be replaced. The container shall be wrapped in absorbent material. The container shall be discarded in a sanitary landfill. Aerosol …

4.10.807 BURNING OR INCINERATION OF PESTICIDE CONTAINERS The Department of Environmental Quality (DEQ) must approve pesticide container burning or incineration. Authorizing statute(s): 80-8-105, MCA Implementing statute(s): 80-8-105, MCA History: NEW, 1994 MAR p. 1988, Eff. 7/22/…

4.10.808 HANDLING PESTICIDE CONTAINERS BEING RINSED, RECYCLED, RECONDITIONED, DISPOSED OR REFILLED Any person rinsing or preparing a pesticide container for disposal, recycling, reconditioning or refilling must follow the personal protective procedures and precautions on the pest…

4.10.901 SALE AND USE OF ENDRIN FOR PALE WESTERN AND ARMY CUTWORM CONTROL (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): 0-8-105 MCA History: NEW, 1982 MAR p. 560, Eff. 3/26/82; REP, 1984 MAR p. 812, Eff. 5/18/84.

4.10.902 VIOLATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1982 MAR p. 560, Eff. 3/26/82; REP, 1986 MAR p. 1007, Eff. 6/13/86.

4.10.903 ENDRIN (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Secs. 80-8-105 and 80-8-201 MCA History: NEW, 1984 MAR p. 812, Eff. 5/18/84; AMD, 1986 MAR p. 1007, Eff. 6/13/86; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.11.101 DEFINITIONS These definitions apply to all rules adopted under the Montana Agricultural Chemical Ground Water Protection Act Title 80, chapter 15, MCA. "Affected person" means any person that is required to comply with a SMP or other requirements of Title 80, chapter 15,…

4.11.1101 PESTICIDE REGISTRANT CBI The department shall rely on the determination of confidentiality by the EPA under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for pesticide registrant data and information. Pesticide registrants claims for CBI must be consist…

4.11.1102 CBI-CHEMICAL USE AND SALES DATA Dealers, distributors, registrants, applicators or any person required to submit pesticide or fertilizer production, sales or use data or from whom the department through inspections obtains such pesticide or fertilizer use and sales data…

4.11.1103 CBI SHALL BE STORED IN AN APPROVED SECURITY FILE Only employees authorized by the director may be issued keys or combinations to security files. No authorized employee may share keys or combinations with any person other than those authorized for direct access to CBI do…

4.11.1104 AUTHORIZED ACCESS The director will establish a written list of the department employees and other persons authorized access to CBI. Authorizing statute(s): Sec. 80-15-105, MCA Implementing statute(s): See. 80-15-108, MCA History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.…

4.11.1105 DOCUMENT TRACKING CBI documents received by the director or his primary designee shall be immediately logged in and stamped on the front page, in red ink, with the following wording: All such CBI documents shall be assigned a document tracking number. The director shall…

4.11.1106 MEETINGS Only the submitter and authorized personnel shall be allowed to attend that part of meetings, otherwise public under 2-3-203 , MCA, at which CBI will be discussed. Each person attending such a meeting shall sign an attendance log, listing his or her name, title…

4.11.1107 TELEPHONE Authorized employees of the department may discuss the CBI over the telephone with other persons authorized to have access to CBI. Authorized employees of the department may discuss CBI with the submitter by the permission of the submitter only if the CBI is s…

4.11.1108 TRAVELING When an authorized department employee is required to travel while in the possession of CBI, such CBI shall remain in the employee's personal possession. Authorizing statute(s): Sec. 80-15-105, MCA Implementing statute(s): Sec. 80-15-108, MCA History: NEW, 199…

4.11.1109 TRANSMITTAL CBI transmitted both within and without the department shall be hand delivered. When hand delivery is impractical, CBI shall be transmitted by certified mail return receipt requested or equivalent courier. Authorizing statute(s): Sec. 80-15-105, MCA Implemen…

4.11.1110 CBI ACCESS JUSTIFICATION Interagency access to CBI documents, shall be requested in writing and shall state the specific purpose for such access. The department recognizes that disclosure of specific CBI may be necessary for an agency to carry out a directive on behalf …

4.11.1111 ELIGIBILITY REQUIREMENTS Agencies eligible for access to submitted documents containing CBI are those responsible by statute for the protection of public health or the environment. Each such agency shall submit, for approval by the department, a written proposed procedu…

4.11.1112 INTERAGENCY The department may enter into a memorandum of understanding (MOU) with any agency possessing an obligation, under Montana law, to provide protection of public health or the environment. Through the MOU, an agency shall provide the department a list of traine…

4.11.1113 PERSONNEL PRECAUTIONS Personnel from any agency other than the department, authorized to receive and review CBI documents, may not discuss the contents of said documents with any unauthorized persons. They may not discuss CBI over the telephone and may not produce notes…

4.11.1114 AUTHORIZATION Prior to gaining access to CBI files all authorized employees of the department and designated personnel from other agencies shall sign a document stating that they have received, read and understand this rule, and shall abide by these CBI rules subject to…

4.11.1115 NOTIFICATION OF DISCLOSURE Within 15 days of the date of disclosure to anyone other than authorized department employees, the director shall notify the submitter of disclosed CBI providing the name of the agency, date of disclosure, detailed description of the informati…

4.11.1116 TRAINING All authorized department employees and all designated personnel in other agencies authorized to receive and review CBI shall receive training in procedures to follow in requesting access to, handling, distributing and storing documents containing CBI. Such tra…

4.11.1117 VIOLATIONS Any authorized personnel within the department or agencies outside the department, who fail to comply with these confidentiality rules, shall be investigated by that agency and complete findings reported to the department's director. The department retains th…

4.11.1201 GENERAL (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-214, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.