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

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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
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