4.10.206    INDIVIDUALS REOUIRING A PESTICIDE OPERATOR'S LICENSE

(1) Employees of certified applicators under certain conditions of use for general and restricted-use pesticides shall be required to become licensed pesticide operators. Only one certified applicator, or licensed operator shall be required for each spraying equipment unit when in actual operation. Application for an operator's license shall be made on a standard application form provided by the department.

(2) Licensed operators shall be allowed to use and apply only those pesticides that the certified applicator he is supervised by is qualified to use and apply. A licensed operator may use general or restricted-use pesticides within 100 miles of the applicator when he is under the direct supervision of a certified applicator. Licensed operators may not apply general or restricted-use pesticides beyond 100 miles of the applicator.

(3) An individual may under certain conditions be licensed as a noncommercial operator under the direct supervision of a certified noncommercial applicator. In these cases, the licensed operator may use restricted-use pesticides under the direct supervision of the certified applicator provided that the uses of the pesticides are restricted to any of the employer's premises or materials on the premises, and that the treated materials are not sold to the general public.

(4) Applicator employees required to become licensed operators shall make application for license on a form approved by the department. The license fee shall be $25 per applicant, provided that only the first two operator applicants per applicator business shall have to pay the $25 licensing fee. Thereafter, the fee per additional applicant shall be $10. Fifteen dollars ($15) of the fee for each of the first two operators and $5 of the fee for each additional operator shall be deposited in the state special revenue account as required by 80-8-205, MCA.

(5) Individuals using and applying general or restricted use pesticides shall qualify for an operator license by:

(a) passing a department examination;

(b) attending a department training course; or

(c) receiving training from a certified applicator of the business or government agency who must certify the individual's completion of the training.

(6) The training or examination shall include knowledge of pesticide law and rules, labels and labeling, safety, first aid and toxicology, effect of pesticides, factors affecting pesticide application, equipment calibration, dilution and mixing of pesticides, and recognition of common pests to be controlled. The examination or training for operators must be as specific as possible to their operations and responsibilities. Examinations will be given at the convenience and approval of the department or its authorized representative. The department shall cooperate with individual applicators or groups of applicators in establishing the training materials and examination questions, and may provide assistance to applicators in training applicants for an operator's license. The passing score for the examination must be 80%. Operators who pass the examination may not be required to pass another examination. Operators may renew their license each year by receiving in-service business or government agency training or by attending a training course approved by the department.

(7) Government operators shall meet all the standards established for commercial operators in this regulation. Government operators shall only operate within their respective governmental boundaries regardless of the number of miles from the government certified applicator's business location.

History: 80-8-105, MCA; IMP, 80-8-105, 80-8-205, MCA; NEW, Eff. 7/5/76; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1993 MAR p. 2669, Eff. 11/11/93; AMD, 2010 MAR p.909, Eff. 4/16/10.