(1) Failure to comply with the worker protection standard and associated labeling requirements violates the Montana Pesticides Act and is subject to civil penalties pursuant to 80-8-306, MCA.

(2) Persons using pesticides referencing the worker protection standard, labeled 40 CFR, part 156, subpart K, must comply with worker protection statements and the worker protection standard. Failure to comply constitutes use of a pesticide in a manner inconsistent with the label.

(3) Pesticides labeled for use in the production of agricultural plants on agricultural establishments, defined in 40 CFR 170.3, must be labeled with worker protection statements set forth in 40 CFR, Part 156, subpart K. A pesticide not so labeled is misbranded. It is a violation to distribute, sell, or offer for sale or deliver for transportation or transport in intrastate commerce any misbranded pesticide, and is subject to a civil penalty pursuant to 80-8-306, MCA.