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

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