(1) All persons selling, distributing, offering for sale, exchanging, giving away, bartering, using, or applying pesticides must follow label directions and labeling requirements. Only persons certified by the department may purchase, use, and apply restricted use pesticides. It is unlawful to make a restricted pesticide available for use to anyone who is not a certified applicator unless they are allowed such use in law or by rule.
(2) Only certified applicators or those under their direct supervision may use restricted use pesticides. The department may impose other restrictions, such as the type of applicator who may use the pesticide, or the time and place that the pesticide(s) may be used.
(3) Pesticides registered in the state are classified by the department as either restricted use or general. The department may classify a pesticide as restricted use if it determines that, without regulatory restrictions, the pesticide would cause unreasonable adverse effects to the environment, animals, or humans. Additional registration restrictions will be established and adopted by the department in rule.
(4) In addition to the requirements set forth in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), pesticide labeling must also meet state standards set forth in (5) through (7).
(5) Any pesticide exempted from registration under the provisions of section 18 of FIFRA must provide the department with an application in accordance with Title 40 of the Code of Federal Regulations (CFR), Part 166.
(a) Pesticides distributed under section 18 of FIFRA must include department-approved labels prior to distribution. The label must include all conditions granting emergency exemption and all other required items determined by the department. The department may establish additional requirements for registration of section 18 pesticides.
(b) Documents granting emergency exemptions may be used in lieu of labeling in situations where a label cannot be developed and approved prior to the intended use period. Conditions submitted as part of the granting document and any attached or associated documentation from the department may be considered labeling for the purpose of enforcement.
(6) Pesticides registered under the provisions of section 24(c) of FIFRA must provide the department with an application in accordance with 40 CFR, Part 162.
(a) Additional requirements for the registration of section 24(c) pesticides may be established by the department.
(7) Minimum risk pesticides must meet the provisions listed in 40 CFR, Part 152.25(f) of FIFRA. These items must also meet the requirements of the department and may be subject to refusal, suspension, or cancellation per 80-8-201, MCA. Items required by FIFRA and the state include:
(b) safety data sheet(s);
(c) statement of formula(s);
(d) efficacy data, including test methods that substantiate any pesticidal claims that appear on the product label may be required; and
(e) all claims on the manufacturer's website comply with the same conditions required of the product label.