80-8-304. Investigation and enforcement authority. - Montana Statutes

     80-8-304. Investigation and enforcement authority. (1) In enforcing this chapter, the department or its authorized agents, upon reasonable cause, may enter upon private and public premises and property with a warrant or consent of the inhabitant or owner to inspect or investigate at reasonable times:
     (a) equipment used for applying pesticides;
     (b) actual or reported adverse effects caused by pesticides in humans, crops, animals, land, or other property;
     (c) records on the selling or use of pesticides and the person's stock of pesticides;
     (d) handling, use, application, storage, and disposal of pesticides by any person;
     (e) pesticides being applied or to be applied and to sample the pesticides or agricultural commodities;
     (f) the use and application of a pesticide;
     (g) the environment alleged to have been exposed to pesticides and to collect and analyze environmental samples;
     (h) a person's compliance with pesticide worker protection standards and labeling, including handlers and workers;
     (i) a person's compliance with pesticide ground water and environmental protection agency endangered species standards and labeling; or
     (j) a person's compliance with licensing, labeling, permitting, and certification requirements.
     (2) The department is authorized to investigate all incidents involving the application, sale, introduction, or use of registered pesticides or compounds capable of acting in the manner of pesticides when the incidents have a reasonable potential to adversely affect the public environment or persons.
     (3) The investigation or inspection authority provided for in this section may be exercised over persons not possessing a required license or permit.

     History: En. Sec. 31, Ch. 403, L. 1971; amd. Sec. 16, Ch. 462, L. 1977; R.C.M. 1947, 27-243; amd. Sec. 8, Ch. 184, L. 1981; amd. Sec. 2, Ch. 189, L. 1995.