Title 80, Title 80

(1) The provisions of this section constitute the noxious weed management program. (2) (a) Except as provided in subsection (2)(b), money deposited in the noxious weed management trust fund may not be committed or expended until the principal reaches $10 million. (b) In the case …

(1) The governor may declare a noxious weed emergency if: (a) a new and potentially harmful noxious weed is discovered growing in the state and is verified by the department; or (b) the state is facing a potential influx of noxious weeds as the result of a natural disaster. (2) I…

(1) There is a noxious weed account in the state special revenue fund established in 17-2-102. The interest from the noxious weed management trust fund and the funds directed to be deposited as provided in 80-7-823, excluding unrealized gains and losses, must be deposited in the …

There is transferred $100,000 annually from the highway nonrestricted account, provided for in 15-70-125, to the noxious weed state special revenue account, provided for in 80-7-816, for the purposes provided in 80-7-705.

This part may be cited as the "Noxious Weed Seed Free Forage Act".

(1) The legislature finds that: (a) natural resources of the state need to be protected from noxious weeds and their seeds; (b) the movement of agricultural crops or commodities as livestock forage, bedding, mulch, and related materials, including pellets, cubes, and other proces…

As used in this part, the following definitions apply: (1) "Advisory council" means the Montana noxious weed management advisory council. Except as provided in 80-7-805, the council is subject to the provisions of 2-15-122. (2) "Certification" means the state-approved and documen…

The department may: (1) provide for administration and enforcement of this part; (2) enter into contracts and agreements; (3) authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations that are required for adm…

(1) A person shall make an annual application to the department for certifying forage. The person shall comply with all certification standards and processes and pay any required fees prior to receiving certification approval and identification markers for the forage. If a produc…

(1) The department, with the advice of the advisory council, may establish fees to support the cost of administering the noxious weed seed free forage program. Fees may be established for: (a) processing applications; (b) per acre inspection of forage; (c) inspection of facilitie…

(1) There is a state noxious weed forage account in the state special revenue account. All funds received by the department from fees or penalties collected or received under 80-7-905 through 80-7-907, 80-7-921, and 80-7-922(1) and all other related funds received must be deposit…

The department may, with the advice of the advisory council appointed under 80-7-805, adopt rules necessary to carry out its responsibilities under this part in accordance with Title 2, chapter 4. The rules may include but are not limited to: (1) contracts and agreements; (2) cer…

(1) In enforcing the provisions of this part, the department or its authorized agents, upon reasonable cause, may enter any private or public premises, property, or vehicle with a warrant or with the consent of the inhabitant or owner to inspect, sample, or investigate at reasona…

When the department has reasonable cause to believe that a person is selling, distributing, storing, transporting, or using forage in violation of any of the provisions of this part, a written stop sale, use, or removal order may be issued to that person. If the person is not ava…

(1) It is unlawful for a person to certify or sell as certified or as noxious weed seed free any forage as free of noxious weed seed within this state, unless the forage is identified under a department-approved process as "Montana certified" and the forage meets all the requirem…

(1) The department may by rule establish certification programs for materials other than forage. Certification may include but is not limited to: (a) noxious weed free; (b) noxious weed and seed free; or (c) invasive organism free. (2) Programs established in accordance with subs…

In addition to the penalties set out in 80-7-922, a person who fails to pay or improperly pays any fee assessment or fee assessed under the provisions of this part is subject to a penalty of $100 or double the assessment, whichever is greater, including the original fee. The pena…

A person who violates or aids in a violation of any of the provisions of this part or any rules or orders of the department adopted under this part is subject to the following penalties: (1) a civil penalty of not more than $1,000 for each offense. Assessment of a civil penalty b…

The department may commence a civil action in the district court of the first judicial district seeking appropriate relief, including a permanent or temporary injunction, for a violation of this part.

Upon receiving a report from a district weed board, as provided in 7-22-2126, that forage is subject to embargo and upon verification of a violation of this part, the department shall enforce the embargo throughout the state and issue appropriate stop sale orders as provided in 8…

This chapter may be cited as the "Montana Pesticides Act".

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Active ingredient" means: (a) in the case of a pesticide, other than a plant regulator, defoliant, or desiccant, an ingredient that will prevent, destroy, repel, alter life processes, or…

The control of pesticides and their use is essential for the protection of humans and the environment. Pesticides are currently considered valuable and necessary to provide sufficient quantity of quality foods and for the protection of humans from vector-borne diseases. However, …

This chapter shall be administered by the department.

(1) The department may adopt by reference without a public hearing regulations adopted under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. The department may, after a public hearing, adopt all rules necessary to carry out this chapter. (2) The rules may pre…

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…