Montana Code 80-8-302. Sampling and analysis
80-8-302. Sampling and analysis. (1) The department shall have the authority to sample, inspect, and analyze pesticides or devices distributed within this state wherever and whenever and to the extent necessary to determine whether the pesticides or devices are in compliance with the provisions of this chapter. The department is authorized with a warrant or the consent of the inhabitant or owner to enter public or private premises, including vehicles, to have access to pesticides or devices and to records relating to their distribution.
Terms Used In Montana Code 80-8-302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The methods of sampling and analysis must be based on:
(a)validated methods for the laboratory; and
(b)standard methods and guidance for the sampling.
(3)In all administrative or legal actions involving the composition, identification, or quantification of a pesticide, a certified copy of the official analysis signed by the department’s authorized chemist must be accepted as prima facie evidence of the determinations the official analysis contains.