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
(c) Instructions and practical demonstration on
the proper placement of the M-44 ejector device.
(d) Familiarization with all applicable federal,
state, and local laws and regulations on the cyanide capsules and M-44
(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
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
(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) ;
(c) permitted or certified farm applicator - 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
(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.