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4.10.1403    DEALER SALES

(1)  The Montana department of livestock and/or a federal agency such as the United States department of agriculture (USDA)  may become licensed dealers for the sale and distribution of the cyanide capsules or in the event one of these agencies chooses not to become a licensed dealer, the department may designate a dealer who meets standards established by the department. Each dealer shall be required to maintain an inventory record of capsules purchased, sold, distributed, given away, or entrusted. The record shall reflect each and every purchase of the capsules by the dealer, each individual's name and license or permit number to whom the dealer sells the capsules, and the number of capsules remaining in the dealer's stock.

(2)  Dealers shall not sell, give away, or entrust any cyanide capsules to other than trained and certified-licensed or permitted pesticide applicators.

(3)  Dealer sales and distribution to licensed or permitted applicators shall be limited to fifty (50)  capsules per purchase. This limit may be exceeded on a case by case approval by the department if the applicator can document/justify to the department the need to exceed the fifty (50)  capsule per purchase limit. Federal or state agencies providing capsules to their employees are not limited by this numeral restriction.

History: Sec. 80-8-105 MCA; IMP, Sec. 80-8-105 MCA; NEW, Eff. 7/5/76; AMD, 1991 MAR p. 195, Eff. 2/15/91.

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