House Bill No. 361

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act requiring notice of the application or use of pesticides to be posted in public buildings; and amending section

80-8-107, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 80-8-107, MCA, is amended to read:

"80-8-107.   Notice -- Public public information. (1) As used in this section, the following definitions apply:

(a) "Building operator" means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building that is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager.

(b) "Public building" means a building that is owned or leased by an agency, as defined in 2-3-102, and that is open to the public, including but not limited to:

(i) a building that is used for educational, office, or institutional purposes; or

(ii) a library, museum, school, hospital, auditorium, dormitory, or university building.

(2) The building operator who for indoor treatment personally applies or who contracts for or orders the application of a pesticide that is not designated for retail sale shall post a notice in a conspicuous place in the public building to notify anyone entering the building of the application of the pesticide. The notice must:

(a) be permanently displayed if the pesticide is applied on a regular basis;

(b) be posted 48 hours before the application and remain posted for 5 days after the application if the pesticide is not applied on a regular basis or is applied on a date other than the date written on the permanently displayed notice;

(c) contain the date of the application of the pesticide;

(d) contain the name of the pesticide applied;

(e) note the location at which a person may obtain information, the label, and the material safety data sheet on the pesticide applied; and

(f) contain a number at which the building operator may be reached for emergency information regarding the application of the pesticide.

(3) A building operator shall keep, for 5 years, records of the pesticide applications and the material safety data sheet for each pesticide.

(4) Except as provided in Title 80, chapter 15, the department as it deems proper may, alone or in cooperation with other state or federal agencies, publish information regarding aspects of the use and application sections or registration sections of this chapter. This information cannot disclose operations of selling, production, or use of pesticides by any person."