(1) The department will classify a pesticide or one or more of its uses for general use if it determines that the pesticide, when applied in accordance with its directions for use, warnings and cautions or in accordance with widespread and commonly recognized practice, will not generally cause unreasonable adverse affects on the environment. The department will classify a pesticide or one or more of its uses for restricted use if it determines that without additional regulatory restrictions, the pesticide, when applied in accordance with its directions for use, warnings and cautions or in accordance with widespread and commonly recognized practice, may generally cause unreasonable adverse effects on the environment, including injury to the applicator. The department may include a requirement that the restricted pesticide shall be applied only by or under the direct or special supervision of a certified applicator or impose other restrictions such as type of applicator who may use the pesticide or the time and place that the pesticide may be used.

(a) If the department classifies a pesticide product or one or more uses of such products for restricted use because of a determination that the acute dermal or inhalation toxicity of the product presents a hazard to the applicator or other persons, the product must be applied for such uses only by or under the direct or special supervision of a certified applicator.

(b) If the department classifies a pesticide product or one or more uses of such products for restricted use because of a determination that its use without additional regulatory restrictions may generally cause unreasonable adverse effects on the environment, the product must be applied for such uses only by or under the direct or special supervision of a certified applicator, or be subject to such other restrictions as the department may provide by rule.

(2) The Act (section 80-8-201 MCA) requires the department to accept for registration any pesticide registered under a federal act, if the applicant desiring to register a federally registered pesticide pays the annual registration fee and provides such registration information required by the department. The department, by adoption of this rule on restricted use pesticides and adoption of the agency's pesticide classification criteria, shall classify a pesticide as either a restricted or a general use pesticide. A federally registered pesticide which is classified either as a general or restricted use pesticide for which an applicant is applying for state registration shall be accepted, registered, and so classified by the department. Such registration and classification shall become effective upon issuance of a certificate for registration to the applicant. All persons selling, distributing, offering for sale, exchanging, giving away, bartering, using, or applying the pesticide shall be required to follow the label directions and labeling requirements. If the agency establishes additional registration restrictions on a pesticide, such restrictions shall be adopted and implemented by the department.

(3) The department hereby adopts the registration and labeling requirements as set forth in the Code of Federal Regulations Title 40, parts 152 and 156, effective as of February 23, 1996. A copy can be obtained from the Montana Department of Agriculture, Agricultural Sciences Division, P.O. Box 200201, Helena, MT 59620-0201 (406)444-2944.