1. (1) A private farm applicator desiring to use restricted use pesticides is required to apply for a special use permit or certificate on a form approved by the department. Each application form must be completed in its entirety prior to processing by the department.

   1. (a) A private farm applicator must be a minimum of 18 years of age to use or purchase restricted use pesticides unless as allowed in ARM 4.10.403.
   2. (b) Applicants, who have completed the application form, paid the fee, passed the required examination(s) or have attended an approved training course and have taken an ungraded quiz at the conclusion of the course, will be issued a certificate by the department to purchase and use restricted use pesticides. Passage of the required examination(s) or attendance at a training course qualifies applicators for five consecutive years. The applicator's first requalification and recertification date will be based upon the staggered schedule established for the permit district in which the person resides.
   3. (c) The certificate is effective for five years from the date of issuance to December 31 of the fifth year except as provided in (1)(a). Private farm applicators may renew their certification to purchase and use restricted use pesticides by submitting their application and fee to the department.
   4. (d) Training manuals and/or training materials for private farm applicators are approved by the department. If the applicator elects to qualify by examination, these training manuals and/or training materials serve as the basis for the examination.
2. (2) A private farm applicator shall be 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.

3. (3) The following classifications are:

   1. (a) Private farm general permit for agricultural pest control includes any applicator using or supervising the use of restricted use pesticides for agriculture on land owned, rented, or leased by the applicator or their employer.

      1. (i) In order to obtain any of the additional classifications described in (b) through (f), an individual must possess an active private farm general permit for agricultural pest control.
      2. (ii) All of the requirements of 40 CFR 171.105(a) apply to this section.

   2. (b) Private farm aquatic pest control includes any applicators using restricted use pesticides purposefully applied to standing or running water.

      1. (i) The competency standards for private farm aquatic pest control applicators shall be the same as commercial applicators in ARM 4.10.205(1)(g).

   3. (c) Private farm M-44 sodium cyanide predator control includes applicators who use sodium cyanide in a mechanical ejection device to control predators.

      1. (i) The competency standards for private farm M-44 applicators shall be the same as commercial applicators in ARM 4.10.205(1)(t). All M-44 applicators must pass the written exam and attend the training required by ARM 4.10.1404.

   4. (d) Private farm 1080 Livestock collar predator control includes any applicators who use sodium fluoroacetate in a protective collar to control predators.

      1. (i) The competency standards for private farm 1080 Livestock collar predator control applicators shall be the same as commercial applicators in ARM 4.10.205(1)(s). All 1080 Livestock collar applicators must pass the written exam and attend training required by ARM 4.10.1204.

   5. (e) Private farm aerial classification includes any applicators that apply restricted use pesticides by aircraft.

      1. (i) The competency standards for private farm aerial applicators shall be the same as commercial applicators in ARM 4.10.205(1)(r).

   6. (f) Private farm non-soil fumigation classification includes any applicators that apply restricted use pesticides to fumigate anything other than soil.

      1. (i) The competency standards for private farm non-soil fumigation applicators shall be the same as commercial applicators in ARM 4.10.205(1)(q).
4. (4) The private farm applicator examination or training standards, as a minimum requirement, must include those set forth in 80-8-209(3), MCA.
5. (5) The private farm applicant passing the examination or attending an approved training course is certified to use restricted use pesticides for the purpose of producing agricultural commodities. The passing examination score is 70%.

6. (6) Certified private farm applicators must recertify to use restricted use pesticides. Private farm general permit holders may recertify by passing an examination or by earning six credits of training approved by the department. Recertification may be achieved for the classifications outlined in (3)(b) through (f) by passing an examination or by earning three additional credits of training approved by the department for each respective classification held.

   1. (a) All the standards for recertification of certified applicators in 40 CFR 171.107 apply to this section.

7. (7) Continuing education programs must satisfy the following:

   1. (a) Be approved by the Montana Department of Agriculture.
   2. (b) The Montana Department of Agriculture must ensure that any continuing education course or event, including an online or other distance education course or event relied upon for recertification includes a process to verify applicators' successful completion.
8. (8) The department will facilitate a one-year phase-in period starting January 1, 2025, to allow pesticide applicators to begin transitioning to the requirements of the 2023 Montana State Certification and Training Plan before January 1, 2026.

9. (9) The certification period is determined by the county and district the private farm applicator resides in, and the established recertification year for each district. The districts are staggered on a five-year rotation, and the recertification period ends on December 31 of the fifth year. The districts and the counties within are listed below:

   1. (a) DISTRICT I: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders;
   2. (b) DISTRICT II: Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis and Clark, Madison, Meagher, Park, Powell, and Silver Bow;
   3. (c) DISTRICT III: Blaine, Cascade, Choteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole;
   4. (d) DISTRICT IV: Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Phillips, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Treasure, Valley, and Wibaux; and
   5. (e) DISTRICT V: Big Horn, Carbon, Fergus, Golden Valley, Judith Basin, Mussellshell, Petroleum, Stillwater, Sweet Grass, Wheatland, and Yellowstone.

Authorizing statute(s): 80-8-105, MCA

Implementing statute(s): 80-8-105, 80-8-209, MCA

History: NEW, Eff. 7/5/76; AMD, Eff. 7/4/77; AMD, 1978 MAR p. 152, Eff. 4/15/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2008 MAR p. 2557, Eff. 12/11/08; AMD, 2019 MAR p. 537, Eff. 5/11/19; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.