(1) The department shall rely on the determination of confidentiality by the EPA under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for pesticide registrant data and information. Pesticide registrants claims for CBI must be consistent with the EPA determination and the registrant must advise the department of any reclassification of the data or information by EPA within 30 days. The department may evaluate the validity of any registrant claim of CBI at any time and reserves the right to declassify material as CBI when the registrants claim is found to be inconsistent with EPA's determination. In such cases the department shall provide the submitter of the information a 20 day comment and rebuttal period prior to declassification.

(2) Pesticide registrants in submitting data or information required by the department under the act, must:

(a) clearly mark any portions thereof which in the registrants opinion are trade secrets or commercial or financial production, sales or use information, and

(b) submit such marked material separately from other material required to be submitted under this act. All submitted document packages containing CBI shall be accompanied by a cover letter describing CBI sections within the document package. Individual pages containing CBI within the submitted document packages shall be clearly marked as confidential.

(3) CBI shall be hand delivered or sent to the department via U.S. postal service, registered mail, return receipt requested or equivalent courier. The wording "Confidential Business Information - Pesticides" shall appear on the outer surface of the mailing container. CBI mailed to the department pursuant to data requirements under Title 80, chapter 15 or

chapter 8, MCA shall be addressed as follows:


Montana Department of Agriculture

Environmental Management Division

Capitol Station

Helena, Mt. 59620


Attention: Division Administrator


(4) CBI received by the department shall be immediately secured in accordance with the procedures of the CBI rules. The director or the director's designee shall be responsible for initiating and maintaining security procedures.

History: Sec. 80-15-105, MCA; IMP, Sec. 80-15-108, MCA; NEW, 1990 MAR p. 2244, Eff. 12/28/90.