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4.10.504    RECORDS

(1)  All pesticide dealers, including pharmacists, veterinarians and certified pharmacies shall be required to maintain shipping, purchase, or invoice records of all pesticide products received.  These records must be retained for two years.

(2)  Each dealer, including pharmacists, veterinarians and certified pharmacies shall maintain a complete and accurate typed or printed record of all restricted use pesticides purchased and sold.  These records must be retained for two years.

(3)  The sales record shall include for each individual sale of a restricted use pesticide:

(a)  the company name on the label;

(b)  the complete trade name or the EPA registration number;

(c)  the volume sold;

(d)  the license or permit number of the certified applicator or the dealer purchasing the restricted pesticide;

(e)  the date;

(f)  the name of the applicator, dealer, employee or family member purchasing the restricted pesticide;

(4)  (a)  Each dealer, including pharmacists, veterinarians and certified pharmacies selling restricted pesticides, upon request of the department, shall submit to the department written records providing the information in ARM 4.10.504(3)  .  The department may also require the sales records of general use pesticides providing the information in ARM 4.10.504(3)  (a)  , (b)  and (c)  .  The records shall be submitted within 14 calendar days of the request.  The records shall be made on the standard forms provided by the department or on forms approved by the department.

(b)  If no restricted or general use pesticides are sold during the time period requested by the department, this should be so documented to the department.

(5)  (a)  Dealers shall submit to the department an accurate typed or printed report of their sale of restricted and general use pesticides every five years.  The report is due for every fifth calendar year by January 31 of the next year.  The report shall include the total volume sold, the trade name, the company name and the EPA registration numbers or the type of formulation of each individual product for the fifth year only beginning in 1990 and thereafter every five years.

(6)  Records required of dealers, pharmacists, veterinarians and certified pharmacies shall be subject to inspection by authorized employees of the department at all business hours.  Dealers shall be required to submit the records or a true and accurate copy of the records to the department upon written request.

(7)  Dealers and retailers selling retail pesticides, as designated in ARM 4.10.502, are exempt from the record keeping and reporting requirements of this rule.  Records of retail pesticides shall be maintained as required in ARM 4.10.502(2)  .

History: 80-8-105 and 80-8-211, MCA; IMP, 80-8-105 and 80-8-211, MCA; NEW, Eff. 7/5/76; TRANS, (5) (b) to ARM 4.5.113, Eff. 12/31/88.

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