Mont. Admin. R. 4.10.701 - REGISTRATION REQUIREMENTS
(1) All persons
selling, distributing, offering for sale, exchanging, giving away, bartering,
using, or applying pesticides must follow label directions and labeling
requirements. Only persons certified by the department may purchase, use, and
apply restricted use pesticides. It is unlawful to make a restricted pesticide
available for use to anyone who is not a certified applicator unless they are
allowed such use in law or by rule.
(2) Only certified applicators or those under
their direct supervision may use restricted use pesticides. The department may
impose other restrictions, such as the type of applicator who may use the
pesticide, or the time and place that the pesticide(s) may be used.
(3) Pesticides registered in the state are
classified by the department as either restricted use or general. The
department may classify a pesticide as restricted use if it determines that,
without regulatory restrictions, the pesticide would cause unreasonable adverse
effects to the environment, animals, or humans. Additional registration
restrictions will be established and adopted by the department in
rule.
(4) In addition to the
requirements set forth in the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), pesticide labeling must also meet state standards set forth in (5)
through (7).
(5) Any pesticide
exempted from registration under the provisions of section 18 of FIFRA must
provide the department with an application in accordance with Title 40 of the
Code of Federal Regulations (CFR), Part 166.
(a) Pesticides distributed under section 18
of FIFRA must include department -approved labels prior to distribution. The
label must include all conditions granting emergency exemption and all other
required items determined by the department . The department may establish
additional requirements for registration of section 18 pesticides.
(b) Documents granting emergency exemptions
may be used in lieu of labeling in situations where a label cannot be developed
and approved prior to the intended use period. Conditions submitted as part of
the granting document and any attached or associated documentation from the
department may be considered labeling for the purpose of enforcement.
(6) Pesticides registered under
the provisions of section 24(c) of FIFRA must provide the department with an
application in accordance with 40 CFR, Part 162.
(a) Additional requirements for the
registration of section 24(c) pesticides may be established by the
department .
(7) Minimum
risk pesticides must meet the provisions listed in 40 CFR, Part 152.25(f) of
FIFRA. These items must also meet the requirements of the department and may be
subject to refusal, suspension, or cancellation per
80-8-201,
MCA. Items required by FIFRA and the state include:
(a) label(s);
(b) safety data sheet(s);
(c) statement of formula(s);
(d) efficacy data, including test methods
that substantiate any pesticidal claims that appear on the product label may be
required; and
(e) all claims on the
manufacturer's website comply with the same conditions required of the product
label.
Notes
AUTH: 80-8-105, MCA; IMP: 80-8-105 MCA
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