Montana State Laws and Regulations Pertaining to the Use of ...

Montana State Laws andRegulations Pertaining tothe Use of PesticidesAppendix to the National PesticideApplicator Certification Core Manual

Montana State Laws and RegulationsPertaining to the Use of PesticidesAppendix to the National Pesticide ApplicatorCertification Core ManualTo be used by Commercial, Non-Commercial, PublicUtility and Governmental Pesticide Applicators andDealersMay 2010i

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IntroductionThis supplemental manual is intended to be used as a study guide to accompanythe National Pesticide Applicator Certification Core Manual. The informationincluded in this manual has been taken from the Montana Code Annotated(MCA) and the Administrative Rules of Montana (ARM). It is intended to be usedby Pesticide Dealers and Commercial, Governmental, Non-Commercial, andPublic Utility Pesticide Applicators.The information highlighted in this manual does not release an applicant’sresponsibility for being knowledgeable of all the information contained in any ofthe statutes or rules mentioned in this manual. Applicants are accountable forcompliance with all state and federal regulations.iii

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ContentsPageIntroduction .......................................................................................................iiiMontana State Pesticide Laws and Regulations................................................ 1Montana Pesticide Act (MPA) ............................................................................ 1Registration of Pesticides........................................................................ 1Special Registrations.................................................................... 2Licensing Provisions ............................................................................... 2Types of Applicator Licenses........................................................ 2Licensing Requirements ............................................................... 3Financial Responsibility ................................................................ 3Re-Certification............................................................................. 4Non-Residents.............................................................................. 4Government Agencies.................................................................. 4Commercial/Government Applicator Licensing Categories .......... 4Other Types of Licenses and Permits......................................... 10Pesticide Record Keeping..................................................................... 11Dealer Records .......................................................................... 11Dealer Fifth Year Sales Records ................................................ 12Applicator Records ..................................................................... 12Applicator Fifth Year Application Records .................................. 13Incident Reports ......................................................................... 14Notification by Applicators .......................................................... 14Enforcement and Administrative Procedures ........................................ 14Revocation of License ................................................................ 14Report of Loss or Damage ......................................................... 15Public Information....................................................................... 15Investigation and Enforcement Authority.................................... 15Montana Agricultural Chemical Ground Water Protection Act (MACGWPA)….16Water Quality Standards ....................................................................... 16Monitoring ............................................................................................. 16Management Plans ............................................................................... 16Commercial Fertilizer Ground Water Management Plans ..................... 17Enforcement and Investigations ............................................................ 18Administrative Civil Penalties ................................................................ 18Judicial Civil Penalties........................................................................... 18Criminal Penalties ................................................................................. 18Montana Water Quality Act (MWQA) ............................................................... 19Montana Food, Drug and Cosmetic Act ........................................................... 19Montana Solid Waste Laws ............................................................................. 19Appendix A ...................................................................................................... 21Form 1 ................................................................................................... 22Form 2 ................................................................................................... 23v

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Montana State Pesticide Laws and RegulationsAt the federal level, the Federal Insecticide,Fungicide and Rodenticide Act(FIFRA) sets the laws and regulationsgoverning pesticides and dictates theenforcement necessary under thoselaws and regulations. States are givenprimary enforcement authority whenthey have adopted adequate statelaws and regulations and have adequateprocedures for enforcing statelaw, keeping records, and makingreports of all enforcement activities.State laws and regulations may not beless restrictive, but may be morerestrictive, than the federal laws andregulations established under FIFRA.Montana has established a cooperativeagreement with EPA and hasassumed the primary responsibilitiesof administering FIFRA programs.In 1947, Montana adopted its firstpesticide law, entitled the “1947Insecticide, Fungicide and RodenticideAct.” This Act was administered by theDepartment of Health and requiredregistration of all economic poisons(pesticides) in Montana. This law wasrepealed July 1, 1971. Since then,several other laws affecting the use ofpesticides have been enacted.Montana Pesticides Act (MPA)The Montana Pesticides Act (MPA),Title 80, Chapter 8, Sections 80-8-101through 80-8-405, MCA, as amended,enacted by the 43 rd Legislature in1971, is administered by the MontanaDepartment of Agriculture (MDA).The MPA is comprehensive in itsregulation of the sale and use ofpesticides. The Act may be subdividedinto three major areas of responsibility:registration of pesticides;licensing of pesticide applicators,operators, and dealer; and enforcementand administrative procedures.Registration of PesticidesAll pesticides must be registered bythe U.S. Environmental ProtectionAgency (EPA). All EPA registeredpesticides must also be registered withthe MDA before they may be legallyoffered for sale or used in Montana.Montana also registers pesticidesformulated within the state. An annualregistration fee per pesticide productregistered is required. All registrationsexpire each year on December 31following the date of issuance.Montana must register all federallyregistered pesticides upon receipt ofsuch registration from the registrant.The MDA has the authority to imposeadditional restrictions on the use andapplication of pesticides within thestate. The state may restrict applicationof certain pesticides to type ofapplicator, time and place. The MDAmay suspend or cancel the registrationof a pesticide whenever it does notappear that the product or its labelingcomplies with the MPA or scientific1

evidence proves that the productendangers humans or the environment.The MDA is given the authority tosample, inspect, and make analysis ofpesticides distributed within Montanato determine whether such pesticidesare in compliance with the MPA.Pesticides not in compliance may beembargoed if they are:‣ Adultered or misbranded.‣ Not registered.‣ Fail to bear a proper label.‣ A white powder pesticideand are not colored as required.Embargoed pesticides cannot beremoved, disposed or sold withoutMDA permission. Embargoed pesticideproducts which are brought intocompliance with the law will have theembargo removed. If the productcannot meet the provisions of theMPA, it is returned to the registrant ordisposed of at the expense of theclaimant.Special RegistrationsPlease see page 34 of the core manualto review Special Local NeedSection 24(c) registrations and EmergencyExemptions from registration(Section 18). MDA is the agency forattaining these pesticide uses inMontana. Any person may contactMDA to determine if there is an unmetneed that can be addressed usingthese registrations or exemptions.When applying a Section 24(c) or 18pesticide, a state specific label or usedirections must be in the possession ofthe applicator. Section 24(c) registrationsare generally registered for fiveyears at a time, and then reevaluated2to determine if the need is still present.Section 18 exemptions are only validfor a specific amount of time, usuallyduring the period of time surroundingthe presence of the pest populationwithin a one year time frame.It is the responsibility of the dealer toensure that the appropriate use directionsaccompany the product when it issold for use under a special registrationor exemption. If an applicator ordealer has any questions or concernsregarding a special registration, he orshe should contact the MDA.For more detailed information concerningthe registration of pesticides referto Sections 80-8-201 through 80-8-202, MCA of the MPA.Licensing ProvisionsThe individual, not the business orgovernment entity, holds the pesticideapplicator license document. If anemployee licensed as an applicatorleaves employment, the business cannot apply pesticides until a new personis licensed.Types of Applicator LicensesCommercial applicators are individualswho by contract or for hireapply by aerial, ground, or handequipment, pesticides to land, plants,seed, animals, waters, structures, orvehicles.Public Utility applicators are individualswho apply pesticide for apublic utility. A public utility is anygovernmental organization supplyingwater, electricity, transportation, etc. tothe public, including utilities operatedby a private entity under governmental

egulation. These applicators mustmeet the same conditions and standardsestablished for commercialapplicators.Governmental applicators areindividuals who apply pesticides foragencies, municipal corporations, orany governmental agencies and aresubject to the same licensing requirementsas a commercial applicator.Non-Commercial applicators areindividuals who cannot be classified asa commercial, public utility, or governmentcertified applicator or whocannot be classified as a privateapplicator but desires the use ofrestricted use pesticides. A certifiednon-commercial applicator may onlyuse restricted use pesticides on landsowned, rented, or leased by his employeror himself.Licensing RequirementsA license for commercial, publicutilities, governmental, and noncommercialapplicators is requiredannually. The license document isvalid from the date of issuance throughDecember 31 each year. It must berenewed each calendar year BEFOREapplying pesticides. Before issuing alicense document, the MDA requiresthat an applicant submit a signeddepartment approved application form,pay a current licensing fee, and passthe Core examination and specificcategory examinations with an 80percent or better for the use of generaland/or restricted use pesticides.Financial ResponsibilityApplicants for a commercial pesticideapplicators license are required toprovide, on forms approved by theMDA, evidence of financial responsibility,establishing the ability of theapplicant and/or employees, to respondto and indemnify any person orpersons for all damages to theirperson or property arising out of theuse, misuse, or attempted use ofapplication of pesticides.Commercial seed treatment andelevator pest control applicators,vertebrate pest control applicatorsusing ground applied baits are exemptfrom showing proof of financial responsibility.Public utility and noncommercialapplicators applyingpesticide in or on properties managedby them are exempt from the financialresponsibilities requirements. Governmentalapplicators are also exemptfrom financial responsibility requirements.Financial responsibility requirementsmay be met by one of the following:‣ Insurance - Liability insurancepolicy must cover anyoff-target chemical damage.The policy can have a deductibleno higher that $500except as provided by ARM4.10.102(2).‣ Surety bond – A surety bondcan be obtained through abonding company.‣ Certificate of deposit – Acertificate of deposit canbe obtained through yourbank. The account mustbe automatically renewableand be held solely by theDepartment of Agriculture.It’ sole purpose must be tofulfill the requirements imposedupon pesticide applicators,by law, as part oftheir licensing procedure.3

Financial responsibility must be maintainedthroughout the licensing period.Aerial applicators must, in addition,meet all the requirements of theFederal Aviation Agency and theAeronautics Division of the MontanaDepartment of Transportation before alicense is issued.Re-CertificationAll license holders must recertify theirspecific licensing category every fouryears. Licensed applicators have theoption of recertifying by re-examinationor by attending Montana Departmentof Agriculture (MDA) approved training.Recertification training is availablethrough the MDA on a predeterminedschedule or by attendanceat MDA-approved industry sponsoredtraining. All applicators or dealers whochoose to recertify by training mustattend training equivalent to 12 recertificationcredits (hours) during therecertification period. Commercialpesticide applicators wishing to recertifyby examination may contact theMDA in Helena or one of the MDA fieldoffices.Certification and recertification trainingis required to contain components ofthe competency standards for licensingof pesticide applicators as outlinedin Administrative Rule (4.10.204,ARM).Montana Pesticide Applicator/DealerTraining Standards:‣ Labels and Labeling‣ Safety‣ Environment‣ Pest identification and Biology‣ Pesticide Factors‣ Equipment‣ Calibration‣ Laws and RegulationsNonresidentsNonresidents applying for a license inMontana, in addition to meeting theabove requirements, must file a writtenPower of Attorney designating theSecretary of State as their agent. Thispermits a service of process to bemade in the event of suit broughtagainst the nonresident. The Power ofAttorney will be written to provideeffective jurisdiction by the courts ofMontana over the nonresident applicant.Nonresident corporations mayappoint a resident agent in lieu ofappointing the Secretary of State astheir agent.Government AgenciesGovernment employees applyingpesticides are subject to the provisionsof the MPA and its regulations. Supervisorsand/or applicators of governmentsponsored pesticide sprayprograms will be required to obtain agovernment applicator license and aresubject to the same requirements ascommercial applicators. All applicantsfor this license will be required to passexaminations, summit an applicationform, and pay the specified licensingfee. The license allows the applicatorto apply pesticides for agency useonly. One licensed applicator orlicensed operator is required for eachpesticide equipment unit operated by abusiness or government agencies.Commercial/Government ApplicatorLicensing CategoriesAgricultural Plant Pest Control: Anapplicator who applies pesticides to anagricultural crop or rangeland. AgriculturalPlant Pest applicators mustdemonstrate practical knowledge of4

crops grown, their specific pests, andthe pesticides used for their control.Practical knowledge is required concerningpesticidal activity in soil andwater, pre-harvest intervals, re-entryintervals, phytotoxicity, potential forenvironmental contamination, nontargetinjury, and community problemsresulting from the use of pesticides inagricultural areas.Agricultural Animal Pest Control:An applicator who applies pesticides toanimals (livestock) or places whereanimals are confined. AgriculturalAnimal Pest applicators applyingpesticides directly to animals mustdemonstrate practical knowledgeabout those animals and their associatedpest. A practical knowledgeconcerning specific pesticide toxicityand residue potential is also required,since host animals are frequently usedfor food. Further, the applicator mustknow the relative hazards associatedwith such factors as pesticide formulation,application techniques, age ofanimals, stress, and extent of treatment.Agricultural Vertebrate Pest Control:An applicator who applies pesticidesto manage vertebrate animalsnormally wild or feral. Vertebrateapplicators must demonstrate practicalknowledge of vertebrate pests and thepesticides used for their control.Vertebrate pest control applicatorsshould possess practical knowledge ofthe cyclic occurrence of certain pestsand specific population dynamics andknowledge of control and applicationmethods which will minimize thepossibility of secondary problems,such as unintended effects on wildlifeor hazards to humans, pets, and otherdomestic animals.Forest Pest Control: An applicatorwho applies pesticides to forests,forest nurseries and forest seedproducing areas. Forest Pest Controlapplicators shall demonstrate practicalknowledge of the types of forest, forestnurseries, and seed production inMontana and the pests involved. Theyshould possess practical knowledge ofthe cyclic occurrence of certain pestsand specific population dynamics as abasis for planning pesticide applications.A practical knowledge of thebeneficial organisms and their vulnerabilityto the pesticides to be applied isrequired. Because forest stands maybe large and frequently include naturalaquatic habitats and harbor wildlife,the consequences of pesticide usemay be difficult to assess. The applicatormust therefore demonstratepractical knowledge of control methodswhich will minimize the possibilityof secondary problems, such asunintended effects on wildlife. Properuse of specialized equipment must bedemonstrated, especially as it may berelated to meteorological factors andadjacent land use.Ornamental & Turf Pest Control: Anapplicator who applies pesticides toornamental trees, shrubs, flowers andturf. Ornamental and Turf Pest Controlapplicators shall demonstratepractical knowledge of pesticideproblems associated with the productionand maintenance of ornamentaltrees, shrubs, planting, and turf.Applicators must understand thepotential phytotoxicity as a result ofdrift and from persistence beyond theintended period of pest control to awide variety of plant materials. Becauseof the frequent proximity ofhuman habitation to application activities,applicators in this classificationmust demonstrate practical knowledge5

of application methods which willminimize or prevent hazards to humans,pets, and other domestic animals.Seed Treatment & Elevator PestControl: An applicator that appliespesticides or fumigants to seeds orseed storage areas and uses pesticidesin or around the elevator seedstorage facilities. Applicators in thiscategory must demonstrate practicalknowledge of the types of seedsrequiring pesticidal protection andapplication requirements and factors,such as seed coloration, carriers, andsurface active agents which influencepesticide binding and may affectgermination. They must demonstratepractical knowledge of hazards associatedwith handling, sorting andmixing, and misuse of treated seed,such as introduction of treated seedinto food and feed chains, as well asproper disposal of unused treatedseeds. Applicators must be able todemonstrate proper use of grainfumigants to protect seeds, knowledgeto assure safe handling, applicationtechniques, worker exposure andprotection considerations, and re-entrystandards into fumigated structures.Aquatic Pest Control: An applicatorwho applies pesticides to any standingor running waters. Applicators in thiscategory must have knowledge of theaquatic environments in which pesticidesmay be used to maintain orimprove the health or desired conditionof that environment. They must havepractical knowledge concerning potentialpesticide effects on plants, fish,birds, beneficial insects, and otherorganisms which may be present inaquatic environments. Aquatic PestControl applicators must demonstratepractical knowledge of various water6use situations and the potential ofdownstream effects. Applicators shalldemonstrate practical knowledge ofthe principles of limited area application.Aquatic Pest Control applicatorsmust also demonstrate practicalknowledge of the secondary effectswhich can be caused by improperapplication rates, incorrect formulations,and faulty application of pesticidesused in this classification. To becertified, Aquatic Pest Control applicatorsmust attend a MDA sponsoredtraining program. Persons in thiscategory may be certified as commercial,government or farm (private)applicators.Right-of-Way, Rangeland, Pasture,and Noncrop Pest Control: Anapplicator who uses pesticides tomanage weeds or other vegetation inthe maintenance of public roads,power lines, pipelines, railway rightsof-way,to manage grassland andpastures that are not harvested forforage, or other noncrop areas. Rightof-Way,rangeland, pasture, andnoncrop pest control applicators shalldemonstrate practical knowledge of awide variety of environments sincethese applicators can traverse manydifferent terrains, including waterways.They shall demonstrate practicalknowledge of problems on runoff, drift,excessive foliage destruction, andpotential effects to livestock andnontarget organisms. They shalldemonstrate the ability to recognizetarget plants and differentiate themfrom nontarget plants. They shall alsodemonstrate practical knowledge ofthe nature of herbicides, recognize theneed for containment of these pesticideswithin the target application site,and understand the impact of theirapplication activities in the adjacentareas and communities.

Public Health Pest Control: Anapplicator who applies pesticides inpublic health programs to control pestshaving medical and public healthimportance. Public Health Pest Controlapplicators must demonstratepractical knowledge of vector-diseasetransmission as it relates to andinfluences application programs. Awide variety of pests are involved andit is essential that they be recognized.Life cycles and habitats must beunderstood to develop control strategies.These applicators shall havepractical knowledge of a great varietyof environments ranging from streamhabitats to those conditions found inbuildings. They should also havepractical knowledge of the importanceand employment of non-chemicalcontrol methods, such as sanitation,waste disposal, and drainage.Demonstration & Research PestControl: An applicator who demonstratesto the public the proper use ofpesticides or an applicator who conductsfield research of pesticides.Demonstration and Research PestControl applicators demonstrating thesafe and effective use of pesticides toothers will be expected to meet comprehensivestandards reflecting abroad spectrum of pesticide use.Many different problem situations willbe encountered in the course ofactivities associated with demonstrations.Practical knowledge of problems,pests and population levelsoccurring in each demonstrationsituation is required. They shoulddemonstrate an understanding ofpesticide organism interactions andthe importance of integrating pesticideuse with other control methods. Ingeneral, it would be expected thatapplicators doing demonstration pestcontrol work possess a practicalknowledge of all the standards detailedin the Montana Pesticide Act –Administrative Rules of Montana(ARM) 4.10.204. In addition, theyshall meet the specific standardsrequired for classifications (a) through(g) of ARM 4.10.205 applicable to theirparticular activity. Persons conductingfield research or method improvementwork with restricted use pesticides areexpected to know the general standardsrequired for classifications (a)through (j) of ARM 4.10.205, applicableto their particular activity, or alternatively,to meet the more inclusiverequirements listed under “Demonstration.”Industrial, Institutional, Structuraland Health-Related Pest Control(PCO): An applicator who appliespesticides in, on or around food handlingand manufacturing establishments,human dwellings, institutions,industrial establishments, includingwarehouses and any other structuresand adjacent areas, for the protectionof stored, processed or manufacturedproducts. These applicators mustdemonstrate a practical knowledge ofa wide variety of pests and their lifecycles, types of formulations appropriatefor their control, and methods ofapplication that avoid contamination offood, damage and contamination ofhabitat and exposure of people andpets. Since human exposure includesbabies, children, pregnant women, andelderly people, applicators mustdemonstrate practical knowledge ofthe specific factors which may lead tohazardous conditions for these individuals,including continuous exposurein the various situations encounteredin this classification. Because healthrelatedpest control may also involveoutdoor applications, applicators mustdemonstrate practical knowledge of7

environmental conditions particularlyrelated to this activity.School Pest Control (School IPM):School Pest Control applicators includeany applicators using or supervisingthe use of pesticides in theschool environment under a “ModelSchool Integrated Pest and PesticideManagement Safety Program” includingbut not limited to schoolyards,buildings, playing fields, and otherproperty under the jurisdiction of theschool district. School Pest Controlapplicators must demonstrate a practicalknowledge of the principles ofintegrated pest management (IPM)and a knowledge of pesticides registeredfor use in the school environment,in addition to the knowledgerequired by applicators in the Industrial,Institutional, Structural, andHealth-Related category.Wood Product Pest Control: Anyapplicator using pesticides to preservewood. Wood Product Pest Controlapplicators must demonstrate practicalknowledge of the specific wood preservativeproducts used in their operation,for example creosote,pentachlorophenol, inorganic arsenicals,or copper naphthenate. Theyshall be knowledgeable about theprotective clothing and equipmentrequirements, as well as the requirementsfor proper care and disposal ofwork clothing and equipment. Applicatorsmust demonstrate practicalknowledge of application techniqueswhich prevent direct exposure todomestic animals and livestock andprevent contamination of food, feed ordrinking and irrigation water by suchpesticide applications. They mustdemonstrate practical knowledge ofhazards of handling treated productsas well as the requirements for proper8disposal of pesticide waste. Theymust be familiar with the ConsumerAwareness Program (CAP) which isimplemented through the use ofConsumer Information Sheets (CIS’s)provided to the end users of suchtreated products (the consumingpublic).Livestock Protection Collar (LPC):Livestock Protection Collar applicatorsare certified to apply collars containingsodium monofluroacetate (Compound1080) to sheep for the control ofcoyotes that prey on domestic sheep.The LPC, placed on the throat ofsheep, targets predatory coyotes bykeying on their tendency to attack preyat the throat and puncturing the LPC inthe process. To be certified, applicatorsmust attend specific training onthe LPC and, by field demonstrationand examination, demonstrate knowledgeof predator biology and identification,alternative methods of coyotecontrol, sheep management, safetypractices in handling and storingCompound 1080, nontarget wildlifehazards, and the protection of endangeredspecies. Persons in this categorymay be certified as commercial,government or farm (private) applicators.Sodium Cyanide (M-44): M-44 applicatorsare certified to use sodiumcyanide in the M-44 device for thecontrol of coyotes, fox and wild dogsthat prey on livestock and poultry.Capsules containing sodium cyanideare used in a spring operated mechanismcalled an M-44 device. Thesodium cyanide is ejected into themouth of a coyote when the coyotebites and pulls on the device, releasinga spring powered plunger. To becomecertified, applicators must attendspecific MDA training on the M-44

device; and through field demonstrationand examination, demonstrateknowledge of predator biology andidentification, alternative methods ofcoyote control, livestock management,and safety practices in handlingsodium cyanide, non-target wildlifehazards and the protection of endangeredspecies. Persons in this categorymay be certified as commercial,government or farm (private) applicators.Special Utility: Special Utility applicatorsare persons who apply woodpreservation pesticides using polewraps or conduct weed control usingsoil sterilants or herbicides on propertyor rights-of-way owned or managed bythe utility company. Applicators in thiscategory must demonstrate knowledgeof commonly used wood treatmentproducts and their use in pole wraps.They shall also have knowledge ofpersonal protective clothing andequipment, methods and proceduresto prevent the off site movement ofwood preservatives and soil sterilants,particularly runoff to surface water andleaching to ground water, and practicalknowledge of disposal of waste pesticidesand containers.Piscicide Pest Control: An applicatorwho applies pesticides purposefully towaters to eliminate fish species as afishery management tool. Piscicidepest control applicators must demonstrateknowledge of registered piscicidesand safety practices for use,storage and transportation. They shalldemonstrate knowledge of the secondaryeffects which can be caused byimproper application rates, incorrectformulations, and faulty application.They must have practical knowledgeof potential pesticide effect on plant,animals and other organisms that maybe present in the aquatic environmentand piscicide decontamination procedures.They must have knowledge ofwater chemistry, pest identification,and the ecology within the aquaticenvironment.Regulatory Pest Control: Regulatorypest control applicators shall demonstratepractical knowledge of regulatedpests, applicable laws relating toquarantine and other regulation ofpests, and the potential impact on theenvironment of pesticides used insuppression and eradication programs.Factors which influenceintroduction, spread, and populationdynamics of relevant pests must beunderstood. In the case of somefederal agency applicators, theirknowledge shall extend beyond thatrequired by their immediate dutiessince their services are frequentlyrequired in other areas of the countrywhere emergency measures areinvoked to control regulated pests, andwhere individual judgments must bemade in new situations.Regulatory Pest Control-Mosquito Abatement: A governmentalapplicator who appliespesticides to controlmosquitoes.Regulatory Pest Control-Predator: A governmental applicatorwho applies pesticidesto control predators for the protectionof domestic livestock orendangered species.Regulatory Pest Control-Quarantine: A governmentalapplicator who applies pesticidesto control vectors of diseasesthat affect the publichealth.9

10Regulatory Pest Control-Rodent: A governmental applicatorwho applies pesticides forthe control of field rodents onpublicly owned property.Regulatory Pest Control-Weed:A governmental applicator whoapplies pesticides to publicroadways or right-of ways forthe control of weeds.Other Types of Licenses andPermitsOperators are employees of certifiedpesticide applicators and do not holdtheir own pesticide certification.Montana Pesticide rule allows onecertified applicator or one licensedoperator to accompany each sprayingequipment unit when in actual operation.Licensed operators may not applypesticides beyond one hundred (100)miles of the certified pesticide applicator.An operator’s license may beobtained in the following ways:‣ Pass a MDA examinationwith a score of 80 percentor better.‣ Attend a MDA trainingcourse.‣ Receive training from a certifiedapplicator.Operators are required to be licensedannually and must be renewed eachcalendar year BEFORE applyingpesticides. They may renew theirlicense by receiving training from acertified applicator or attend a trainingcourse approved by MDA and submittingthe application fee and application.Government operators must meet allof the above standards for operatorsexcept government operators can onlyoperate within their respective governmentalboundaries regardless ofthe number of miles from the governmentcertified applicator’s businesslocation.The MDA may also establish licensingand examination requirements foroperators by regulation. Applicatorsare responsible for all pesticide relatedactions by their employees.Farm (private) applicators areindividuals who need to use a restricteduse pesticide on propertyowned, rented, or leased by him or hisemployer, for the purpose of producingany agricultural commodity. To obtaina permit, farm applicators must pass aFarm Applicator examination or attenda training course and complete anupgraded quiz. The training manual,examination and training required forthis permit can be obtained from yourlocal MSU County Extension.A farm (private) applicator does notrequire a commercial applicator licensewhen he/she:‣ applies general use pesticidesto his/her own land.‣ applies general use pesticidesto accommodateneighbors on lands immediatelyadjacent or across aroad from lands owned,leased or rented by thefarm applicator doing theapplications.‣ is not engaged in the businessof applying pesticidesfor hire.‣ operate his/her equipmentonly in the vicinity of his/herown property.Dealer Licensing is required for thesale of pesticides except those pesticideslabeled only for home, yard and

garden use. Each outlet must have anindividual licensed to sell pesticides inMontana. Pesticide sales and fieldpersonnel not under the supervision ofa dealer must also be licensed. Theindividual, not the business or governmententity, holds the pesticidedealer license. If an employee licensedas the dealer leaves employment,the business cannot sellpesticides until a new person is licensed.Dealers are required to passan examination with a score of 80percent or better before a license isgranted. To become licensed, dealersmust submit an application to the MDAwith a licensing fee each calendaryear. It is a violation of the MontanaPesticides Act for a dealer or his/heremployees to sell pesticides prior tobecoming licensed.Retail Sale of general use pesticideswhich are labeled for only home, yard,garden and lawn uses does not requirea license from the MDA. Allretailers must maintain shipping,purchasing or invoice records forpesticide products received for MDAinspectional purposes.Pesticide Record KeepingApplicator and dealer records ofpesticide sales and use are importantto provide a history of your operation.Meaningful records will also serve toprotect your business and assist inevaluating expenses, profits, and inmaintaining an inventory.There are many different recordkeeping systems which may be usedby applicators and dealers. Thesesystems may range from field notesand records, to office sales, use andinventory records, to the use of computerizedrecords. Please see appendixA for examples of forms that couldbe used.Dealer RecordsThe Montana Pesticides Act – AdministrativeRules of Montana (ARM)4.10.504 requires the following fordealers:All pesticide dealers, includingpharmacists, veterinarians, andcertified pharmacies are requiredto maintain shipping,purchase or invoice records ofall pesticide products received.A complete and accurate recordof all restricted use pesticidespurchased and sold also mustbe maintained. All recordsmust be kept for two (2) years.Records of each sale of a restricteduse pesticide must include:‣ The company name on thelabel.‣ The complete trade name orthe EPA registration number.‣ The volume sold.‣ The license or permit numberof the certified applicatoror dealer purchasing therestricted pesticide.‣ The date.‣ The name of the applicator,dealer, employee or familymember purchasing the restrictedpesticide.Records required by dealers, pharmacists,veterinarians, and certifiedpharmacies are subject to inspectionby authorized employees of the MDAduring normal business hours. Dealersare required to submit the records11

(a copy or the original) to the MDAupon written request.Sales of retail pesticides are exemptfrom the record keeping and reportingrequirements of this rule. Furtherinformation on records of retail pesticidescan be found in ARM 4.10.502(2).Dealer Fifth Year Sales RecordsBeginning in 1990, each dealer sellinggeneral and restricted use pesticidesmust submit a summary report to theMDA containing total volume sold, thetrade name, the company name andthe EPA registration numbers of eachproduct sold every fifth year. Thesummary report will be for that oneyear only and is due by January 31 ofthe following calendar year. Standardforms provided or approved by theMDA must be used to submit thereport. If no restricted or general usepesticides are sold during the timeperiod requested by the MDA thatmust also be documented to the MDA.Applicator RecordsThe Montana Pesticide Act – AdministrativeRules of Montana (ARM)4.10.207 requires the following forapplicators:12All certified commercial, public utility,government applicators, andcertified non-commercial applicatorsare required to keep and maintainoperational records for two (2)years.A record must be kept of every applicationperformed by either an applicatoror operator and must include:‣ The name of the applicatoror employee applying thepesticide.‣ The date of application.‣ The time of application (bespecific).‣ The location must includethe property owner’s or lessee’sname and addresswhere the pesticide wasapplied. The specific applicationsite must be expressedby township, rangeand section number, localidentifiable landmarks orlatitude and longitude coordinates.Right-of-way andsimilar applications mayreference identifiable landmarks.Non-agricultural applicationsmay specify thesite, building, facility orother identifiable landmarks.‣ The equipment used: thesame piece of equipmentmay be listed once andthereafter referenced. Ifmore than one piece ofequipment is used, theymay be listed once by descriptionand then by number.‣ The pesticide(s) used, withthe company or manufacturer’sname, trade name,the EPA registration numberor type of formulation.‣ The rate of application used,including the amount ofdiluent sprayed on an area(example: 1 pint of product/5gallons of water peracre).‣ The size of area treated(acres, trees, livestock,square feet or yards, etc.)or for structural, seed, orwood product applications,indicate the type of treatment.

‣ The primary pest(s) involved(do not use generalterms, such as weeds andbugs).‣ The crop or site treated andthe stage of crop development,if applicable.‣ The weather conditions,such as the temperature,wind velocity and direction.Seed treaters and wood producttreaters are only required to maintainrecords on the volumes of pesticidesapplied and the following must also beincluded in the records:‣ The name of the applicatoror employee applying thepesticide.‣ The date of application.‣ The pesticide(s) used withthe company or manufacturer’sname, trade name,the EPA registration numberand type of formulation.‣ The rate of application used.‣ The volume applied.‣ The type of treatment used.Applicators using two or more pesticidesin a tank mixture must record alldata as required for each pesticide inthe tank mix. Application records mustbe completed within 24 hours of theactual pesticide application.Applicator records are open to inspectionby authorized employees of theMDA during all business hours.Applicators are required to submitcopies of their records or any portionof the records when requested, inwriting, by the MDA.Applicator Fifth Year ApplicationRecordsThe MDA requires applicators tosubmit an accurate report of their useof restricted and general use pesticideuse every fifth year, beginning in 1990.Required reports will be for that yearonly and must include a summary ofpesticide use by:‣ county,‣ total acreage,‣ amount of formulated productused,‣ the company name andtrade name of product(s)used, and‣ the EPA registration number.Reports need to be submitted to theMDA by January 31 of the followingyear. Standard forms provided orapproved by the MDA must be used tosubmit the report. If no application ofgeneral and/or restricted use pesticidesare made during the fifth calendaryear, that will also need to bedocumented to the MDA by the January31 due date.Farm (private) applicators are exemptfrom the record keeping requirementsby the State of Montana except forthose applicators licensed in aquatic,M-44, and 1080 collar categories.However, the United States Departmentof Agriculture (USDA) doesrequire farm applicators to keeprecords of restricted use pesticides forat least two years. These recordsinclude applicator name and licensenumber, product/trade name, EPAregistration number, amount applied,crop sprayed, size of site, date, andspecific location.13

Incident ReportsAn applicator who causes or allowsany pesticide to drift, run off or otherwiseescape onto another person orproperty must file a written report tothe MDA within forty-eight (48) hoursof the incident. The report will include:‣ specific location of the incident,‣ name of the pesticide involved,‣ type of formulation,‣ method application, and‣ name and address of theperson whose land, personor property was subjectedto the unintentional pesticideapplication.In addition, if the pesticide is classifiedas either Extremely Toxic or HighlyToxic to people or animals, the applicatoror operator must immediatelystop the application and notify thelandowner of the unintentional pesticideapplication and immediately notifythe MDA.Notification by ApplicatorsApplicators applying EPA restricteduse pesticides shall notify the owner,lessee or manager of the property ofall precautions and restrictions beforeapplying the restricted use pesticide.The applicator, if requested, is requiredto provide a copy of the label tothe owner, manager or lessee. Applicatorsapplying EPA restricted usepesticides in an easement or right-ofwaysituation are not required to notifyany person if the applicator is employedby or specifically contracted bythe person holding or managing theeasement or right-of-way.Enforcement and AdministrativeProceduresRevocation of LicenseThe MDA may refuse to issue, orrenew a license, or may revoke alicense or permit when the MDA hasdetermined that the licensee is notqualified to use pesticides, is determinedto be legally blind, or hascommitted any of the following:‣ Made false or fraudulentclaims misrepresenting theeffect of materials or methodsto be utilized.‣ Applied illegal materials.‣ Applied or sold a pesticidewithout possessing a currentlicense or permit.‣ Operated in a faulty or carelessor negligent manner.‣ Operated faulty or unsafeequipment.‣ Refused or neglected tocomply with provisions ofFIFRA or the MPA.‣ Used or applied a registeredpesticide inconsistent withits label or labeling.‣ Refused or neglected tokeep and maintain applicationrecords.‣ Made false or fraudulent recordsor reports.‣ Operated equipment withouta permit or license.‣ Used fraud or misrepresentationin making applicationfor license or permit or renewalof a license or apermit.14

Decisions of the MDA relating toissuance or revocation of licenses orpermits may be appealed.Report of Loss or DamageA person suffering loss or damageresulting from the use or application ofany pesticide by any person mustreport the loss to the departmentwithin 30 days. Refer to Section 80-8-301, MCA of the Pesticide Act for a fulldescription of requirements.Public InformationThe MDA may publish or make availableinformation on the registration,use and sale of pesticides in Montana,provided that such information willNOT disclose such operations asselling, production or use of pesticidesby any person.Investigation and EnforcementAuthorityThe MDA, upon reasonable cause,has the authority to enter upon privateand public premises and property, atreasonable times, with a warrant orconsent of the owner to inspect orinvestigate:‣ Equipment use for applyingpesticides.‣ Actual or reported adverseeffects caused by pesticidesin humans, crops,animals, land or otherproperty.‣ Records on the selling oruse of pesticides and theperson’s stock of pesticides.‣ Handling, use, application,storage and disposal ofpesticides.‣ Sample pesticides beingapplied or to be applied andto sample the pesticides oragricultural commodities.‣ The use and application of apesticide.‣ The environment alleged tohave been exposed to pesticidesand to collect andanalyze environmentalsamples.‣ Compliance with pesticideEPA Worker ProtectionStandards and labeling, includinghandlers and workers.‣ Compliance with pesticidegroundwater and EPA EndangeredSpecies Standardsand labeling.‣ Compliance with licensing,labeling, permitting, andcertification requirements.The MDA is authorized to investigateall incidents involving the use ofpesticides when the incidents have apotential to adversely affect people orthe environment. The investigation orinspection authority provided for insection 80-8-304 MCA includes personsnot possessing a license orpermit.15

Montana Agricultural Chemical Ground Water Protection Act(MACGWPA)The Montana Agricultural ChemicalGround Water Protection Act, Title 80,Chapter 15, MCA is administeredjointly by the Departments of Agricultureand Environmental Quality. Thislaw establishes Montana policy protectingwater resources and the use ofagricultural chemicals. Both agencieswill:‣ Protect ground water andthe environment from impairmentor degradationdue to the use of agriculturalchemicals.‣ Ensure that agriculturalchemicals are properly andcorrectly used.‣ Provide management of agriculturalchemicals whichwill prevent, minimize andmitigate their presence inground water.‣ Provide education and trainingof agricultural chemicalapplicators and the generalpublic on ground water protection,agricultural chemicaluse, and the use ofalternative agriculturalmethods.Water Quality StandardsThe Montana Department of EnvironmentalQuality (DEQ) is responsiblefor the adoption of ground waterquality standards for agriculturalchemicals for which federal standardsexist and for those agricultural chemicalswhose presence has been verifiedin ground water. Upon request fromthe MDA, DEQ develops or requestEPA to develop a interim numericalstandard for agricultural chemicals forwhich there is no existing standard.Water quality standards are used byboth agencies in assessing potentialthreats to human health from consumptionof contaminated groundwater.MonitoringBoth the MDA and DEQ are requiredto conduct monitoring of ground waterresources to determine:1) Whether residues of agriculturalchemicals are present in groundwater, and2) The likelihood of an agriculturalchemical entering ground water.Both the MDA and the DEQ reviewand evaluate monitoring and samplingdata jointly. The departments, incooperation, determine the appropriateresponse to contamination. Suchdeterminations are based upon waterquality standards, water classification(i.e. how the water is used) and risk tohuman health, based on consumptionpatterns.Management PlansThe MDA is responsible for the developmentof management plans whichprovide for the protection of groundwater resources through the managementof agricultural chemicals. TheMDA published the Montana General16

Agricultural Chemical Ground WaterManagement Plan (GMP) in 1994.The GMP sets the basis upon whichall state specific management plansare based. Specific managementplans will be specific to particularagricultural chemicals and to a definedgeographical area. A specific managementplan must be implementedwhen the level of an agriculturalchemical found in ground water is at50 percent or greater of the officialstandard.The department may develop andimplement an agricultural chemicalground water management planspecific to particular agriculturalchemicals and may consider but is notlimited to considering the followingelements when determining whether ornot to develop and implement agriculturalchemical ground water managementplans:(a) a definite trend of increasedpresence of the agricultural chemicalin ground water ;(b) agricultural chemicals havebeen determined to have migrated inthe ground water from the point ofdetection;(c) EPA proposes to suspend orcancel registration of an agriculturalchemical, prohibits or restricts thechemical's sale or use in the state, orotherwise initiates action against achemical because of ground waterconcerns, and EPA's action, restriction,or prohibition will be implementedunless the state develops an adequatemanagement plan; or(d) agricultural chemicals thatpossess or are suspected of possessingproperties that indicate potential tomigrate to ground water are beingapplied on areas underlain by groundwater that is vulnerable to impairment.The department may initiate educationalprograms about agriculturalchemical management to provideinformation and management techniquesto protect ground water in aneffort to preclude the need for developmentof specific agricultural chemicalground water management plans inthe future.A person using an agricultural chemicalin the geographical region that isaddressed by a specific agriculturalchemical ground water managementplan must comply with that plan. Thedepartment may specifically identifyand designate persons who are underthe plan and may inform any personabout the plan.The department prioritizes preparationof specific agricultural chemical groundwater management plans in considerationof the specific circumstances ofeach area and within available resources.The MDA must consider thecurrent and potential beneficial use oruses of the ground water included in oraffected by the plans. The MDA mustalso consider the benefits of appropriateagricultural chemical use whendeveloping any management plan.All management plans must beadopted as administrative rules andare enforceable under the MontanaGround Water Act.Commercial Fertilizer GroundWater Management PlansIf the MDA or the DEQ determine thatresidues from commercial fertilizer are17

present in the ground water or whenEPA implements a program to protectground water from fertilizers, a commercialfertilizer ground water managementplan may be developed.Enforcement and InvestigationsThe MDA has the authority to:‣ Investigate conditions relatingto compliance with agriculturalchemical labels,management plans, monitoringrequirements, groundwater protection requirementsand to investigateviolations of plans or complianceorders.‣ Gain access to and copyany records required by theMDA.‣ Establish and inspect monitoringequipment.‣ Sample ground water, includingdrinking water supplysources such as wellsand similar structures.The MDA may issue a complianceorder to any person(s) violating astandard or any other requirement ofthe MACGWPA. The MDA mayrequire cleanup of any agriculturalchemical that has contaminated or hasa significant probability of enteringground water.Administrative Civil Penaltiesup to $500 for farm (private) applicators.Assessment of a civil penaltymay be made in conjunction with anyother warning, order, or administrativeaction. When determining an appropriateadministrative civil penalty, theMDA will consider the effect of theperson’s ability to continue in business,the gravity of the violation thatoccurred, the degree of care exercisedby the offender, and whether significantharm resulted to public health,agricultural crops, livestock, or theenvironment.Judicial Civil PenaltiesPersons who violate any order, specificagricultural chemical ground watermanagement plan or any provision ofMACGWPA will be subject to a judicialcivil penalty not to exceed $10,000.Each occurrence constitutes a separateviolation.Criminal PenaltiesViolations of the MACGWPA committedintentionally by any person(s) aresubject to a fine up to $25,000 foreach day the violation continues orimprisonment for up to 1 year or both.Following an initial conviction underthis section, a subsequent convictionsubjects a person to a fine of not morethan $50,000 for each day the violationcontinues or imprisonment for notmore than 2 years, or both.Persons violating the MACGWPA maybe assessed an administrative civilpenalty of up to $1,000 for eachoffense for commercial applicators and18

Montana Water Quality Act (MWQA)The Montana Water Quality Act(MWQA) is administered by the DEQ.The purpose of this Act is to provideadditional and cumulative remedies toprevent, abate, and control the pollutionof state waters. MWQA outlinesthe responsibilities of the DEQ in thedevelopment of water quality standards,water resource use and qualityclassifications, and non-degradationrules as they relate to surface andground water resources of Montana.Also contained within the MWQA arethe Emergency Powers of the DEQ(ARM 16.20.1025) which contain theprocedures that must be followedwhen there are spills or unanticipateddischarges of pesticides or other toxicsubstances that would lower thequality of any ground waters of thestate below Montana ground waterquality standards. Under the WaterQuality Act, it is unlawful to pollute anystate waters, or to place or cause to beplaced any wastes, in a location wherethey will cause pollution of statewaters. Before applying pesticides inwater, pesticide applicators shouldcontact the Water Protection Bureau ofthe DEQ for information on requiredpermitting.Montana Food, Drug and Cosmetic ActThe Miller Amendment (1954) of TheMontana Food, Drug and CosmeticAct requires that any raw agriculturalcommodity be condemned as adulteratedif it contains pesticides for whichthere is no established tolerance or forwhich established tolerance limits areexceeded.Montana Solid Waste LawsThe Montana Solid Waste ManagementAct prohibits the disposal of anysolid waste in any location not licensedas a solid waste disposal site by theDEQ. Refuse is defined as “all putrescibleand non-putrescible solidindustrial wastes.” In this context,some pesticides are included withinthe definition. Any person foundviolating this act is guilty of a misdemeanor.19

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APPENDIX AEXAMPLES OF MONTANA PESTICIDE RECORD KEEPING FORMS21

FORM 1. RESTRICTED USE PESTICIDE SALES RECORDSRESTRICTED USE PESTICIDE SALES RECORDDealer Name:Business Name:City, State, Zip:Address:License Number:Date ofSalePurchaser's NameLicense/Permit No.Purchaser'sAddressPesticidePesticide Trade NameCompanyName EPA Reg. # and/or SLN #VolumeSold(lbs or gals)Instructions: This record will satisfy minimum requirements of 4.10.504 Administrative Rules of Montana and Title 40 Code of Federal Regulations 171.12for sales of restricted use pesticides. The record must be filled out for each sale of a restricted use pesticide. Sales of restricted use pesticides shall bemade only to certified applicators in possession of valid licenses or permits issued by the Montana Department of Agriculture. Prior to making a sale of arestricted use pesticide, dealers are required to confirm this by viewing the purchaser's license or permit. For questions about this form or other pesticidematters, contact the Montana Department of Agriculture, Agricultural Sciences Division, Helena, MT (406)444-5400.This form is available on our web site at: http://agr.mt.gov/pestfert/miscpdf/RUPsalesForm.pdfRestricted Use Pest Sales Rec 06.doc Revised 11/200622

FORM 2. DAILY PESTICIDE APPLICATION RECORDSCompliments of theMONTANA DEPARTMENT OF AGRICULTUREAGRICULTURAL SCIENCES DIVISIONPO BOX 200201HELENA, MT 59620-0201Phone: 406-444-5400BUSINESSDAILY PESTICIDE APPLICATION RECORDLICENSE#NAMEADDRESSCITY, STATE, ZIPPHONECUSTOMERPHONEADDRESSAPPLICATION #1 APPLICATION #2Applicator/Operator NameDateCountyTime Start/StopTemperatureWind Speed/Direction (from)Pesticide ManufacturerTrade NameEPA Reg# or FormulationRate: Product/Diluent Per AcreCrop or Site & Crop StagePest(s)Equipment UsedAcres/Area TreatedLocation #1COMMENTS/MAP:Location This #2 form is available on our web site at: http://agr.mt.gov/pestfert/miscpdf/RecordKeepingForm.pdfforms/Daily Pesticide App Rec.doc23