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

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Incident ReportsAn applicator who causes or allowsany pesticide to drift, run off or otherwiseescape onto another person orproperty must file a written report tothe MDA within forty-eight (48) hoursof the incident. The report will include:‣ specific location of the incident,‣ name of the pesticide involved,‣ type of formulation,‣ method application, and‣ name and address of theperson whose land, personor property was subjectedto the unintentional pesticideapplication.In addition, if the pesticide is classifiedas either Extremely Toxic or HighlyToxic to people or animals, the applicatoror operator must immediatelystop the application and notify thelandowner of the unintentional pesticideapplication and immediately notifythe MDA.Notification by ApplicatorsApplicators applying EPA restricteduse pesticides shall notify the owner,lessee or manager of the property ofall precautions and restrictions beforeapplying the restricted use pesticide.The applicator, if requested, is requiredto provide a copy of the label tothe owner, manager or lessee. Applicatorsapplying EPA restricted usepesticides in an easement or right-ofwaysituation are not required to notifyany person if the applicator is employedby or specifically contracted bythe person holding or managing theeasement or right-of-way.Enforcement and AdministrativeProceduresRevocation of LicenseThe MDA may refuse to issue, orrenew a license, or may revoke alicense or permit when the MDA hasdetermined that the licensee is notqualified to use pesticides, is determinedto be legally blind, or hascommitted any of the following:‣ Made false or fraudulentclaims misrepresenting theeffect of materials or methodsto be utilized.‣ Applied illegal materials.‣ Applied or sold a pesticidewithout possessing a currentlicense or permit.‣ Operated in a faulty or carelessor negligent manner.‣ Operated faulty or unsafeequipment.‣ Refused or neglected tocomply with provisions ofFIFRA or the MPA.‣ Used or applied a registeredpesticide inconsistent withits label or labeling.‣ Refused or neglected tokeep and maintain applicationrecords.‣ Made false or fraudulent recordsor reports.‣ Operated equipment withouta permit or license.‣ Used fraud or misrepresentationin making applicationfor license or permit or renewalof a license or apermit.14
Decisions of the MDA relating toissuance or revocation of licenses orpermits may be appealed.Report of Loss or DamageA person suffering loss or damageresulting from the use or application ofany pesticide by any person mustreport the loss to the departmentwithin 30 days. Refer to Section 80-8-301, MCA of the Pesticide Act for a fulldescription of requirements.Public InformationThe MDA may publish or make availableinformation on the registration,use and sale of pesticides in Montana,provided that such information willNOT disclose such operations asselling, production or use of pesticidesby any person.Investigation and EnforcementAuthorityThe MDA, upon reasonable cause,has the authority to enter upon privateand public premises and property, atreasonable times, with a warrant orconsent of the owner to inspect orinvestigate:‣ Equipment use for applyingpesticides.‣ Actual or reported adverseeffects caused by pesticidesin humans, crops,animals, land or otherproperty.‣ Records on the selling oruse of pesticides and theperson’s stock of pesticides.‣ Handling, use, application,storage and disposal ofpesticides.‣ Sample pesticides beingapplied or to be applied andto sample the pesticides oragricultural commodities.‣ The use and application of apesticide.‣ The environment alleged tohave been exposed to pesticidesand to collect andanalyze environmentalsamples.‣ Compliance with pesticideEPA Worker ProtectionStandards and labeling, includinghandlers and workers.‣ Compliance with pesticidegroundwater and EPA EndangeredSpecies Standardsand labeling.‣ Compliance with licensing,labeling, permitting, andcertification requirements.The MDA is authorized to investigateall incidents involving the use ofpesticides when the incidents have apotential to adversely affect people orthe environment. The investigation orinspection authority provided for insection 80-8-304 MCA includes personsnot possessing a license orpermit.15
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