Title 80, Title 80

(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.

(Subsection (3)(b)(ii) effective on occurrence of contingency) Definitions. Unless the context requires otherwise, in this chapter the following definitions apply: (1) "AOAC international" means the association of official analytical chemists. (2) "Brand name" means any word, nam…

This chapter shall be administered by the Montana department of agriculture.

(1) The department may adopt rules for commercial feeds and pet foods that are specifically authorized in this chapter and other reasonable rules necessary for the efficient enforcement of this chapter, including rules related to: (a) the specific content of label directions and …

The department may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out this chapter.

The department may publish, in a form it considers proper, information concerning the sale of commercial feed, data on production and use, and the results of analysis of official samples of commercial feeds sold within the state as compared with the analysis guaranteed in the reg…

(1) Except as provided in subsection (4)(b), a license is required of a facility or person: (a) who manufactures commercial feed in this state; (b) who distributes commercial feed in or into this state; or (c) whose name appears on the label of a commercial feed as guarantor. (2)…

(1) A commercial feed, except a customer formula feed, must be accompanied by a label containing: (a) the quantity statement; (b) the product name and any brand name under which the commercial feed is distributed; (c) the guaranteed analysis stated in terms the department by rule…

A commercial feed is misbranded if: (1) its labeling is false or misleading in any particular; (2) it is distributed under the name of another commercial feed; (3) it is not labeled as required in 80-9-202; (4) it purports to be or is represented as containing a commercial feed i…

A commercial feed is adulterated if: (1) it contains any poisonous or deleterious substance that may render it injurious to health. However, if the substance is not an added substance, the commercial feed may not be considered adulterated under this subsection if the quantity of …

Subject to the penalty provisions in 80-9-303, a person may not: (1) manufacture or distribute any commercial feed that is adulterated or misbranded; (2) adulterate or misbrand a commercial feed; (3) distribute agricultural commodities such as whole seed, hay, straw, stover, sila…

(1) An inspection fee must be paid on all commercial feeds, including customer formula feeds, except pet foods, specialty pet foods, and pet treats, distributed in this state as follows: (a) (i) For commercial feed distributed into this state, the supplier has primary responsibil…

(1) All fees collected for licenses, registration, and inspection must be deposited in the state treasury to the credit of the state special revenue fund for the purpose of administering this chapter, including the cost of equipment and facilities and the cost of inspecting, anal…

(1) To enforce this chapter, the department upon presenting appropriate credentials may enter, at reasonable times or under emergency conditions, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, distributed, …

(1) When the department has reasonable cause to believe any lot of commercial feed or other feed is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written or printed embargo order requiring the person holding the commercial feed not t…

(1) A person who is convicted of violating this chapter or rules adopted under this chapter or who obstructs, prevents, or attempts to obstruct or prevent the department in the performance of its duty under this chapter is subject to one or both of the following penalties: (a) a …

(1) A person who uses to that person's own advantage or reveals to persons other than officers of the department or to the courts when relevant in a judicial proceeding any information acquired under this chapter concerning any method, records, formulations, or processes which as…

As used in this chapter, the following definitions apply: (1) "Brand" means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. (2) "Blending" means the physical mixing or combining, including mixing through simultaneous or sequent…

(1) Guaranteed analysis is the minimum percentage of plant nutrients claimed in the following order and form: (a) The following plant nutrients must be guaranteed: Total nitrogen (N) % Available phosphate (P2O5) % Soluble potash (K2O) % (b) For unacidulated mineral phosphatic mat…

Money to fund 80-10-104 through 80-10-106 must be produced by an assessment of 75 cents per ton of fertilizer manufactured in or distributed into Montana. Collections must be made in accordance with procedures in 80-10-207 and payment is the responsibility of the in-state manufac…

The assessment provided for in 80-10-103 must be collected by the department, and up to 1% must be retained by the department for costs of collection. The balance must be deposited in the state special revenue fund with 25% for use by the cooperative extension service and 75% for…

(1) The moneys provided by 80-10-103 shall be used for comprehensive statewide educational and experimental programs aimed at optimum use of fertilizers for feed and food production. (2) Major goals are to improve Montana's economy by providing farmers and ranchers the most accur…

The advisory committee shall meet a minimum of once each year with the directors of the cooperative extension service and the agricultural experiment station to perform the following functions: (1) review the educational and experimental programs financed by this chapter; (2) rec…

(1) Except as provided in subsection (2), a political subdivision may not regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments. A political subdivision may not adopt or continue in effect any…

(1) (a) Each brand and grade of fertilizer and each soil amendment except unmanipulated animal or vegetable manures must be registered by the manufacturer or the supplier on behalf of the manufacturer before distribution in this state. The application for registration must be sub…

A person may not distribute in this state any type of fertilizer or soil amendment, except unmanipulated animal or vegetable manures or specialty fertilizer, until a license to distribute has been obtained from the department for each facility distributing into this state and for…

(1) The plant nutrient content of every brand and grade of commercial fertilizer shall remain uniform for the period of registration. (2) The manufacturer or licensee shall at all times deliver a uniform grade of fertilizer or soil amendment. When two or more fertilizers are deli…

(1) All commercial fertilizer distributed in this state in containers must have affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (a) net weight; (b) name and address of the registrant or guarantor; (c) brand; (d) gr…

(1) A person may not distribute a misbranded fertilizer or soil amendment. A fertilizer or soil amendment is misbranded if: (a) its labeling is false or misleading in any manner; (b) it is distributed under the name of another fertilizer or soil amendment product; (c) it is not l…

(1) The department may sample, inspect, analyze, and test commercial fertilizers and soil amendments distributed in this state at a time and place and to an extent necessary to determine whether the commercial fertilizers or soil amendments are in compliance with this chapter. Th…

(1) (a) Each in-state manufacturer or out-of-state supplier shall pay to the department fees on all commercial fertilizer distributed in this state, except specialty fertilizers and unmanipulated animal or vegetable manures. Sales to manufacturers or exchanges between manufacture…

(1) A penalty of two times the commercial value of the deficiency, as determined by the retail price based on a semiannual state survey, may be assessed: (a) if the analysis shows that a commercial fertilizer is deficient in one or more of its guaranteed primary nutrients beyond …

The department may publish by electronic or other means annual information concerning the sales of commercial fertilizers and soil amendments, together with data on their production and use as it considers advisable, and may report the results of the analyses based on official sa…

(1) Information contained in the reports required by 80-10-207(3) shall be held confidential by the department. Summary data published by the department shall be in a form that will not disclose details of any operation or business. (2) The department may inspect and audit, durin…

(1) The department may cancel the registration of any commercial fertilizer or soil amendment and may refuse to register any commercial fertilizer or soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempt…

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil amendment to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of …