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

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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
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