Administrative Rules of Montana
Department 4 - AGRICULTURE
Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION
Subchapter 4.10.2 - Pesticide Applicator and Operator Rules
Rule 4.10.207 - APPLICATOR RECORDS
Current through Register Vol. 6, March 22, 2024
(1) Commercial, public utility, government, noncommercial applicators and their operators must keep and maintain application records for two years.
(2) Every application record performed either by an applicator or operator must include:
(3) Applicators utilizing two or more pesticides in a tank mixture must record all required data for each pesticide in the tank mix.
(4) Applicators must record application information on a daily basis not to exceed 24 hours from the time of the application.
(5) Applicator records must be open to inspection by authorized employees of the department during all business hours. Applicators must submit written copies of their records or any portion of the records when requested in writing by the department.
(6) Seed treat applicators and wood product applicators must maintain records only on items set forth in (2)(a) through (h).
(7) As ruled by opinion of the Montana attorney general (Vol. No. 38, Opinion No. 1) , pesticide applicator and dealer records held by the Department of Agriculture are subject to public disclosure unless the department finds that the applicator's or dealer's right to privacy clearly outweighs the public's right to know. Such determination will be considered under department policy on a case by case basis.
(8) Applicators, upon written request , must submit to the department records of each application performed with all pesticides, or those specifically named by the department. The records must be submitted within 14 calendar days of the request or as otherwise requested by the department. The request for records may include the records for the complete calendar year. The record must contain all the items listed in (2)(a) through (k), unless not required based on (6).
(9) Farm applicators are exempt from the requirements of this rule, unless a specific reporting requirement is established in another rule.
AUTH: 80-8-105, MCA; IMP: 80-8-105, MCA