4.10.404    IMPROPER PURCHASE OR USE

(1) No farm applicator, family member or employee may use or recommend use of a pesticide in a manner inconsistent with registered labeling, or with any agency or department restrictions that have been placed on the use of that pesticide.

(2) No farm applicator, family member, or employee may purchase or use a restricted pesticide without either a permit or a credential. All applications made by family members or employees must be under the direct supervision of a farm applicator.

(3) For the purposes of applying 80-8-209, MCA, the term "vicinity" means using nonrestricted (general use) pesticides on lands immediately adjacent or across a road from lands owned, leased, or rented by the farm applicator doing the applications.

(4) Except as allowed in 80-8-209, MCA, and (3), a farm applicator, family member, or employee who applies pesticides for hire or regularly engages in the business of applying pesticides for others must be licensed as a commercial applicator.

 

History: 80-8-105, 80-8-211, 80-8-306, MCA; IMP, 80-8-105, 80-8-211, 80-8-306, MCA; NEW, 1976 MAR, Eff. 7/5/79; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2019 MAR p. 537, Eff. 5/11/19.