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

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(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
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