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

Montana State Pesticide Laws and RegulationsAt the federal level, the Federal Insecticide,Fungicide and Rodenticide Act(FIFRA) sets the laws and regulationsgoverning pesticides and dictates theenforcement necessary under thoselaws and regulations. States are givenprimary enforcement authority whenthey have adopted adequate statelaws and regulations and have adequateprocedures for enforcing statelaw, keeping records, and makingreports of all enforcement activities.State laws and regulations may not beless restrictive, but may be morerestrictive, than the federal laws andregulations established under FIFRA.Montana has established a cooperativeagreement with EPA and hasassumed the primary responsibilitiesof administering FIFRA programs.In 1947, Montana adopted its firstpesticide law, entitled the “1947Insecticide, Fungicide and RodenticideAct.” This Act was administered by theDepartment of Health and requiredregistration of all economic poisons(pesticides) in Montana. This law wasrepealed July 1, 1971. Since then,several other laws affecting the use ofpesticides have been enacted.Montana Pesticides Act (MPA)The Montana Pesticides Act (MPA),Title 80, Chapter 8, Sections 80-8-101through 80-8-405, MCA, as amended,enacted by the 43 rd Legislature in1971, is administered by the MontanaDepartment of Agriculture (MDA).The MPA is comprehensive in itsregulation of the sale and use ofpesticides. The Act may be subdividedinto three major areas of responsibility:registration of pesticides;licensing of pesticide applicators,operators, and dealer; and enforcementand administrative procedures.Registration of PesticidesAll pesticides must be registered bythe U.S. Environmental ProtectionAgency (EPA). All EPA registeredpesticides must also be registered withthe MDA before they may be legallyoffered for sale or used in Montana.Montana also registers pesticidesformulated within the state. An annualregistration fee per pesticide productregistered is required. All registrationsexpire each year on December 31following the date of issuance.Montana must register all federallyregistered pesticides upon receipt ofsuch registration from the registrant.The MDA has the authority to imposeadditional restrictions on the use andapplication of pesticides within thestate. The state may restrict applicationof certain pesticides to type ofapplicator, time and place. The MDAmay suspend or cancel the registrationof a pesticide whenever it does notappear that the product or its labelingcomplies with the MPA or scientific1