Title 80, Title 80

The administration of this chapter and all rulemaking and hearing functions under this chapter shall be conducted in accordance with the Administrative Procedure Act.

(1) As used in this section, the following definitions apply: (a) "Building operator" means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building that is leased to a tenant who is responsible for the operation of the bui…

(1) (a) The director of agriculture may appoint an advisory council to study and make recommendations on special pesticide problems in the state. The council consists of individuals representing, equally, the controlled industry, agriculture, health, and wildlife. (b) Governmenta…

(1) The department shall develop and conduct appropriate educational programs. The educational programs shall inform those individuals dealing in and applying pesticides as to correct methods of formulating, applying, storing, disposing of, handling, and transporting pesticides. …

(1) The department may cooperate with agencies of this state or its subdivisions or with any agency of any other state or the federal government for the purpose of carrying out the provisions of this chapter, securing uniformity of rules, and entering into reciprocal licensing an…

(1) The department shall establish a waste pesticide and pesticide container collection, disposal, and recycling program. The program must be funded by license, permit, and special fees designated for that purpose in this chapter. The department may also establish waste pesticide…

(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…

(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 acco…

(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 …

(1) (a) A unit of local government may adopt an ordinance to require a commercial applicator, as defined in 80-8-102, to provide notification when applying a pesticide, subject to the following provisions: (i) The applicator shall post a sign or signs at the time of the pesticide…

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…

(1) Each pesticide distributed, sold, or offered for sale within the state or delivered for transportation or transported in intrastate commerce or between points within the state must be registered with the department. The registration must be renewed annually by the manufacture…

(1) It is unlawful for a person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce between points within this state any of the following: (a) a pesticide that has not been registered pursuant to the provision…

(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 provisio…

(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 cale…

(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,…

(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 operator…

(1) A person may not sell, offer for sale, deliver, or have delivered within the state a pesticide without first obtaining a license from the department for each calendar year or portion of a year. A separate dealer's license and fee is required for each location or outlet from w…

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 th…

(1) Farm applicators shall obtain a special-use permit prior to purchasing and using a pesticide designated by the department as a restricted-use pesticide. The fee for the permit is $45. The special-use permit is effective for 5 calendar years. The department may establish a sta…

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 pers…

(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…

(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 pestici…

(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 sellin…

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.

(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, s…

(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. …

(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…

(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 applyi…

(1) Consistent with the provisions of Title 80, chapter 15, it is unlawful for a person: (a) to discard any pesticide or pesticide container in a manner that causes injury to humans, domestic animals, or wildlife or that pollutes any waterway in a way harmful to any wildlife in t…

(1) A person convicted of violating any of the provisions of this chapter or the rules issued under this chapter or who misrepresents, prevents, or attempts to prevent the department or its authorized agent in performance of its duty in connection with the provisions of this chap…

This part may be cited as the "Model Integrated Pest and Pesticide Management Safety Program Act".

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 pesti…

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 accor…

(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…

The department may adopt policies and guidelines to implement this part.