4.10.1404 APPLICATOR CLASSIFICATIONS AND REQUIREMENTS

(1) Individuals who desire to use cyanide capsules in M-44 devices shall have to be qualified and certified as either a certified-licensed or permitted applicator. All individuals desiring to become certified shall be required to attend a training course sponsored or approved by the department. The training course shall include:

(a) Training in the safe use and handling of the capsules and the M-44 ejector device.

(b) Training in the proper use of the antidote kit.

(d) Familiarization with all applicable federal, state, and local laws and regulations on the cyanide capsules and M-44 devices.

(e) Information on labels and labeling, biology of wild canids, environmental considerations, disposal and storage.

(f) Instructions on required record keeping.

(2) Individuals desiring to become certified shall be required to pass a written examination. Applicants for a certified-license must pass the examination with a score of eighty percent (80%) , and applicants for a special use permit must pass with a score of seventy percent (70%) . Farm applicators shall not be allowed to qualify by oral examination. Applicants failing the examination the first time shall not be allowed to retake the examination for fifteen (15) days after notification of failure by certified mail. Applicants failing the examination a second time may retake the examination thirty (30) days after notification by certified mail. Applicants failing examination a third time shall not be allowed to retake examination until the next licensing period beginning January 1 the next year. Examinations may be retaken at any reasonable time after the time limitations expressed for the first and second examinations at the department's Helena office or the applicant may make arrangements for examination or reexamination at other locations in the state at the convenience and approval of the department.

(3) Requalification. Applicators maintaining their license for four consecutive licensing periods shall be required to requalify for licensing prior to every fifth licensing period. Applicator requalification shall be accomplished by passing an examination or by attending an acceptable applicator training course approved by the department. An applicator requalifying for licensing by attending a pesticide training course shall be required to have the sponsor of the training course submit to the department a written verification of the applicator's attendance and an agenda of topics and speakers. The department retains the right to approve or disapprove such training courses relative to meeting the qualification for relicensing. The only training courses that will be reviewed for approval will be those attended by the applicator during the last half of the third licensing period or the fourth licensing period of a qualification period. The department may also require applicators to pass an examination during any licensing period on new major pesticide technology which applies to the applicator's classification.

(4) All individuals who have attended a training course and having passed the written examination on the use of the capsules in M-44 devices will be certified in one of the following classifications:

(a) certified-licensed government applicator--regulatory pest control - predator - sodium cyanide (M-44) ;

(b) certified-licensed commercial applicator--agricultural pest control--vertebrate - sodium cyanide (M-44) ;

(5) Certified-licensed commercial M-44 applicators are exempt from the financial responsibilities required in ARM 4.10.101 through 4.10.103. These applicators shall comply with all the requirements in ARM 4.10.104 through 4.10.108 on liability.

(6) Applicants desiring certification for use of cyanide capsules and individuals certified to use the capsules shall have to meet and comply with other applicable licensing requirements as established by departmental rules.

(7) Applicators using the M-44 device shall have in their possession the Use Restriction Bulletin (Training Manual for M44 Applicators) and must use the M-44 device in accordance with the section titled "Use Restrictions for M-44 Cyanide Capsules". The Use Restriction Bulletin (Manual for M-44 Applicators) printed by the Montana department of agriculture February 23, 1996, contains the use restrictions that must be followed during the application of the M-44 device and is available from the Montana Department of Agriculture, Agricultural Sciences Division, P.O. Box 200201, Helena, MT 59620-0201 (406) 444-2944.

History: Sec. 80-8-105 MCA; IMP, Sec. 80-8-105 MCA; NEW, Eff. 7/5/76; AMD, Eff. 7/4/77; AMD, 1991 MAR p. 195, Eff. 2/15/91; AMD, 1996 MAR p. 545, Eff. 2/23/96.