(1)  For purposes of administering civil penalties for noncompliance with worker protection standards, the department hereby adopts the worker protection statements and worker protection standard as set forth in the Code of Federal Regulations, Title 40, part 156, subpart K and Title 40, part 170, revised as of July 1, 1998. A copy can be obtained from the Montana Department of Agriculture, Agricultural Sciences Division, PO Box 200201, Helena, MT 59620-0201, (406 444-2944)  .

(2)  Failure to comply with the worker protection standard and associated labeling requirements is a violation of the Montana Pesticides Act and is subject to civil penalties pursuant to 80-8-306, MCA.

(a)  when the worker protection standard is referenced on a pesticide label pursuant to 40 CFR, Part 156, subpart K, persons using the pesticide must comply with the worker protection statements and the worker protection standard. Failure to comply constitutes use of a pesticide in a manner inconsistent with the label.

(b)  any pesticide that is labeled for use in the production of agricultural plants on an agricultural establishment as defined in 40 CFR 170.3, shall be labeled with the worker protection statements set forth in 40 CFR Part 156, subpart K. A pesticide not so labeled is misbranded. It is a violation for any person to distribute, sell, or offer for sale or deliver for transportation or transport in intrastate commerce any pesticide that is misbranded, and such violation is subject to a civil penalty pursuant to 80-8-306, MCA.