(1) Effective January 2021, persons applying for a commercial pesticide applicator's license must provide, on forms approved by the department, proof of insurance in the amount required as follows:

(a) the minimum insurance must be in the amount of $50,000 for aerial applicators, and $30,000 for all other applicators; and

(b) the insurance must cover damages caused by the unintentional violations of the Montana Pesticides Act in MCA Title 80, chapters 1 through 4.

(2) Commercial seed treatment and elevator pest control applicators, whether at farm sites or their own business locations, vertebrate pest control applicators using ground applied baits only, public utility, and non-commercial applicators applying pesticides in or on properties managed by them are exempt from the financial responsibilities required in ARM 4.10.101 through 4.10.103. Demonstration and research pest-control applicators may be exempt from the financial responsibilities required in ARM 4.10.101 through 4.10.103 upon appropriate application for exemption duly approved by the department. The department will evaluate each applicant's situation as shown on the waiver application considering particularly the following factors: actual pesticide applications used by the applicant, the use of co-operators, the size of plots, and the hazards and drift potential of pesticides utilized. All applicators must comply with the requirements in ARM 4.10.104 through 4.10.108.

(3) The department will facilitate a one-year phase-in period starting January 2020 to allow pesticide applicators to begin transitioning to the new requirements before January 2021.


History: 80-8-105, MCA; IMP, 80-8-214, MCA; NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2019 MAR p. 537, Eff. 5/11/19.