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(1) Dealers, distributors, registrants, applicators or any person required to submit pesticide or fertilizer production, sales or use data or from whom the department through inspections obtains such pesticide or fertilizer use and sales data by authority under Title 80, chapter 15, MCA are not required to mark the data or related records information as CBI. Dealers, distributors, applicators, or other persons submitting such data may voluntarily mark the data CBI. If it is not marked CBI they may be held to have waived their right to CBI in the unlikely event the department releases any such data. The department will handle pesticide data as CBI within the requirements of the Attorney General's Opinion (38 Agriculture Opinions 1 1979) . The department reserves the right to reveal agricultural chemical sales or use data of persons for which an enforcement case under Title 80, chapter 8 or 10, is finalized or in the course of an administrative hearing under Title 2, chapter 4, MCA. Data obtained under the authority of Title 80, chapters 8 or 10, MCA and transferred within the department for administration of Title 80, chapter 15, MCA shall be managed in the same manner as data submitted by any person under authority of Title 80, chapter 15, MCA.

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

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