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

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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
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