Rule 4.10.202 - CLASSIFICATION OF PESTICIDE APPLICATORS(1) All applicants applying for a pesticide applicator's license required by 80-8-203 and 80-8-213, MCA, or desiring certification, shall be classified as either a commercial pesticide applicator, public utility applicator, government pesticide applicator, or noncommercial applicator as defined in ARM 4.10.201. Applicants that meet competency standards required by ARM 4.10.203 may use general and restricted-use pesticides.(2) A person, whether certified as a commercial, public utility, government, or noncommercial licensed, aerial or ground applicator, shall be further classified into one or more of the specific classifications set forth in this rule. The specific classification(s) shall determine the type, substance, and comprehensiveness of each applicant's examinations and the areas, classes of pesticides, and conditions by which the applicant may conduct pesticide operations. (a) A person certified as an applicator may use general and restricted-use pesticides for which he is qualified throughout the state.(b) The department shall determine and classify each applicant into the most appropriate specific classification that reflects or describes the applicant's business or operation. Applicants may be classified and licensed into more than one specific classification if they meet and satisfy the requirements of each specific classification.(c) The following specific classifications set forth in this rule do not apply to the following individuals for purposes of this regulation: (i) individuals conducting laboratory-type research involving restricted use pesticides; and(ii) doctors of medicine and doctors of veterinary medicine applying pesticides as drugs or medication during the course of their normal practice.(3) The following classifications are: (a) Agricultural pest control classification includes any applicator using or supervising the use of pesticides in the following subclasses: (i) Plant classification includes any applicator using or supervising the use of pesticides in the production of agricultural crops, including without limiting the foregoing: small grains, feed grains, soybeans and forage, vegetables, small fruits, tree fruits and nuts, as well as on grasslands and noncrop agricultural lands.(ii) Animal classification includes any applicator using or supervising the use of pesticides on animals including without limiting the foregoing, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry and livestock, and to places on or in which animals are confined. Doctors of veterinary medicine engaged in the business of applying restricted use pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in a large scale use of restricted pesticide are included in this classification and must be certified-licensed.(iii) Vertebrate classification includes any applicator using or supervising the use pesticides in the management of vertebrate animals normally wild or feral, including certain predators, rodents and birds, which may adversely affect man's health or property or are a nuisance to man.(b) Forest pest control classification includes any applicator using or supervising the use of pesticides in forests, forest nurseries, and forest seed-producing areas.(c) Ornamental and turf pest control classification includes any applicator using or supervising the use of pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf.(d) Seed treatment and elevator pest control classification includes any applicator using or supervising the use of pesticides onto seeds, the use of fumigants in seed storage areas or on or in seeds and the use of pesticides in or around the elevator seed storage facilities.(e) Aquatic pest control classification includes any applicator using or supervising the use of pesticides purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in classification (3)(i).(f) Right-of-way, rangeland, pasture, and noncrop pest control classification includes any applicator using or supervising the use of pesticides to manage weeds or other vegetation in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, or other similar areas. This classification includes any applicator using or supervising the use of pesticides to manage weeds or other vegetation on grassland and pastures that are not harvested for forage, and any applicator using or supervising the use of pesticides on noncrop areas to manage weeds or other vegetation.(g) Industrial, institutional, structural, and health related pest control classification includes any applicator using or supervising the use of pesticides in, on, or around food handling and manufacturing establishments, human dwellings, institutions such as schools and hospitals, industrial establishments including warehouses, and any other structures and adjacent areas, public or private, and for the protection of stored, processed, or manufactured products. (i) School integrated pest management (IPM) classification includes applicators using or supervising the use of pesticides in the school environment under a "Model School Integrated Pest and Pesticide Management Safety Program", including but not limited to school yards, buildings, playing fields, and other property under the jurisdiction of the school districts. (h) Wood product pest control classification includes any applicator using or supervising the use of pesticides for pole framing, silling applications, some home and farm uses, brush on treatments, sapstain control, and uses in nonpressure treatment plants for the protection of wood products.(i) Public health pest control classification includes state, federal, or other governmental employees or contracted commercial applicators using or supervising the use of pesticides in public health programs for the management and control of pests having medical and public health importance. The jurisdictional health officer, state veterinarian, their duly authorized representatives, and governmental research personnel are exempt from licensing when applying general use pesticides to experimental areas.(j) Regulatory pest control classification includes state, federal, or other governmental employees who use or supervise the use of pesticides in the control of regulated pests. The following subclassifications of government applicators are established to more accurately reflect some government applicator's specific duties and areas of operation: (k) Demonstration and research pest control classification includes: (i) individuals who, as part of their business or job responsibility, demonstrate to the public the proper use of pesticides and pesticide application techniques or supervise such demonstrations or make or approve recommendations on pesticide product use and/or selection. Such individuals may include extension specialists, county extension agents, government employees, representatives of pesticide manufacturers or related businesses. Not included are individuals licensed as a pesticide dealer or individuals that make recommendations for pesticide products used only for home, yard, lawn or garden use; and(ii) individuals conducting field research with pesticides and in doing so, use or supervise the use of pesticides. Such individuals include state, federal, commercial, and other individuals conducting field research on or utilizing pesticides. Demonstration and research applicators shall qualify in one or more of the classifications in (3)(a) through (j) that best represent their operations or responsibilities.(l) Special utility classification includes applicators using or supervising the use of pesticides in the maintenance of utility rights of way, substations, and pole conditioning or other similar areas.(m) Piscicide classification includes applicators using or supervising the use of pesticides purposefully applied to waters to eliminate fish species as a fishery management tool.(n) Aerial applicator classification includes applicators that apply pesticides by aircraft. Aerial applicators shall qualify in one or more of the classifications in (3) (a) through (m).NEW, Eff. 7/5/76; AMD, 1978 MAR p. 150, Eff. 4/15/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1994 MAR p. 3183, Eff. 12/23/94; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2012 MAR p. 2185, Eff. 10/26/12.80-8-105, MCA; IMP, 80-8-105, MCA;