Mont. Admin. R. tit. 4 | Mont. Admin. R. Title 4 — Agriculture

Chapter 4.1 Organizational Rule

Subchapter 4.1.1 Organizational Rule

Mont. Admin. R. 4.1.101 Organization and Functions

(1) Organization of the department:

(a) The Department of Agriculture was originally constituted as the Bureau of Agriculture, Labor, and Industry under the 1889 Constitution, was re-established as the Department of Agriculture under the Executive Reorganization Act of 1971, and is one of only two agencies required under the 1972 Constitution, Art. XII, Sec. 1.

(b) The department has three divisions:

(i) the Central Services Division;

(ii) the Agricultural Development Division; and

(iii) the Agricultural Sciences Division.

(c) The Director of Agriculture is appointed by the Governor subject to Senate confirmation, and is responsible for the administration of the department and its divisions.

(d) The board, committees, and councils attached to the department, for administrative purposes only, are the following:

(i) The Agriculture Development Council consists of seven members appointed by the Governor, including the directors of the departments of Agriculture and Commerce.

(ii) The Montana Pulse Crop Committee consists of five members appointed by the Governor and three designated ex officio nonvoting members, including the Director of Agriculture.

(iii) The Montana Wheat and Barley Committee consists of seven members appointed by the Governor and three designated ex officio nonvoting members, including the Director of Agriculture.

(iv) The Board of Hail Insurance consists of five members appointed by the Governor, including the State Auditor and Director of Agriculture, who also serves as the secretary of the board.

(v) The Noxious Weed Management Advisory Council consists of eleven members appointed by the Director of Agriculture. The Director of Agriculture serves as presiding officer.

(e) The following committees and councils are created to advise the Department of Agriculture with respect to their respective subject matter:

(i) The Hemp Advisory Committee is made up of members appointed by the Director of Agriculture.

(ii) The Potato Advisory Committee consists of seven members appointed by the Director of Agriculture.

(2) The functions of the department divisions are as follows:

(a) The Central Services Division provides support services essential to the effective operation of the department, including financial, human resource, information technology, public information, and administrative support activities. Included in this division is the director's office, which provides overall policy development for the department and provides legal support to all programs within the department.

(b) The Agricultural Development Division provides assistance to Montana’s agricultural industry by providing services which include market and agribusiness development, Growth Through Agriculture grants and loans, wheat and barley research and marketing, agriculture loans including beginning agricultural producer loans, hail insurance, grain grading and inspection, agriculture education and outreach, and administration of agricultural commodity research and market development programs.

(i) The Agricultural Development Division consists of the following two bureaus:

(A) the State Grain Laboratory Bureau; and

(B) the Agricultural Finance, Trade and Development Bureau. The Agricultural Finance, Trade and Development Bureau also provides administrative support to the Wheat and Barley Committee and to the Pulse Crop Committee.

(c) The Agricultural Sciences Division provides agricultural, public, and environmental services and protection through administration of the Montana laws and rules in the areas of pesticides, agricultural chemical ground water, noxious weeds, feeds, fertilizers, seed, grain commodity dealers, public warehousemen, nurseries, produce, apiculture, pest management survey, quarantines, and organic certification.

(i) The Agricultural Sciences Division consists of the following three bureaus:

(A) the Commodity Services Bureau;

(B) the Analytical Laboratory Bureau; and

(3) General inquiries regarding the department may be addressed to the director. All requests for hearings, declaratory rulings, and for the participation in rulemaking may be addressed to the director unless the notice in the Montana Administrative Register makes specific provision for submission or requests.

(4) The address of the director is as follows:

Department of Agriculture

Director

Agriculture/Livestock Building

302 N. Roberts Street

P.O. Box 200201

Helena, Montana 59620-0201

(5) An organizational chart of the Department of Agriculture follows, and is incorporated by reference.

History

Authorizing statute(s): 2-4-201, 2-15-112, 2-15-121, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 2/4/74; AMD, Eff. 11/3/75; AMD, Eff. 3/7/76; AMD, Eff. 8/4/76; AMD, Eff. 8/3/77; AMD, Eff. 6/30/79; AMD, Eff. 7/1/81; AMD, Eff. 6/30/84; AMD, Eff. 3/31/88; AMD, Eff. 12/31/89; AMD, Eff. 9/30/90; AMD, Eff. 7/1/91; AMD, Eff. 4/1/94; AMD, Eff. 5/2/95; AMD, Eff. 6/12/95; AMD, Eff. 6/30/98; AMD, Eff. 9/30/99; AMD, Eff. 12/31/01; AMD, Eff. 9/30/04; AMD, Eff. 12/31/04; AMD, Eff. 6/30/05; AMD, Eff. 3/31/08; AMD, Eff. 12/31/17; AMD, Eff. 12/31/22; AMD, Eff. 3/16/26.

Chapter 4.2 Procedural Rules

Subchapter 4.2.1 Model Procedural Rules

Mont. Admin. R. 4.2.101 Model Procedural Rules

(1) The Department of Agriculture adopts and incorporates the Attorney General's model rules as stated in ARM 1.3.201 through 1.3.233 together with the exceptions and additions set forth in ARM 4.2.102.

History

Authorizing statute(s): 2-4-202, MCA
Implementing statute(s): 2-4-202, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/76; AMD, 1978 MAR p. 384, Eff. 3/25/78; AMD, 2008 MAR p. 942, Eff. 5/9/08; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.2.102 Exceptions and Additions for Agricultural Sciences Division

(1) ARM 1.3.307 requirements are modified by 80-8-105(1), MCA.

History

Authorizing statute(s): 2-4-202, MCA
Implementing statute(s): 2-4-202, MCA
History: Eff. 3/7/76; AMD, 1978 MAR p. 384, Eff. 3/25/78; AMD, 1994 MAR p. 1987, Eff. 7/22/94; AMD, 2008 MAR p. 942, Eff. 5/9/08; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Subchapter 4.2.2 Public Participation Rules

Mont. Admin. R. 4.2.201 Policies and Objectives

(1) Public participation is to be allowed to the fullest extent practicable and consistent with the other requirements of state law and the rights and requirements of personal privacy. Greater responsiveness of governmental actions to public concern and priorities will be one major objective. Mutual trust and understanding between the public and this department to better serve Montana citizens.

History

Authorizing statute(s): Sec. 2-3-103 MCA
Implementing statute(s): Sec. 2-3-103 MCA
History: NEW, 1980 MAR p. 1698, Eff. 6/27/80.

Mont. Admin. R. 4.2.202 Guidelines

(1) Covers guidelines of the department programs that could allow for public participation but may vary in relation to resources available, public response, the nature of the issues involved. Some of the areas that this rules will pertain to are:

(a) Informational materials - the department shall provide and make accessible all available policy, program and/or technical information to enable interested or affected parties to make informed and constructive contributions toward departmental decision making. News releases and other publications may be used for this purpose as well as informational discussions and meetings with interested citizen's groups. Special efforts shall be made to summarize complex technical materials for public and media use.

(b) Assistance to the public - the department will have a procedure for providing technical and informational assistance to public groups for citizen education, committee workshop training, dissemination of information to concerned groups and individuals. Requests for information shall be promptly handled.

(c) Consultation - the department shall have a procedure for early consultation and exchange of views with interested persons and organizations on development or revision of plans, programs or other significant activity prior to decision making. Advisory groups, ad hoc committees or workshop meetings may serve this purpose.

(d) Notification - the department shall maintain a current list of interested persons and organizations including anyone who has requested inclusion on such a list for the distribution of information such as that listed in paragraph (a) of this rule. The department shall, in addition, notify any interested persons of any public hearing. Further internal procedures for receiving and ensuring proper consideration of evidence and information submitted by citizens will be developed.

(e) Other measures - the listing of specific means in this section shall not preclude additional techniques for obtaining, encouraging or assisting public participation.

History

Authorizing statute(s): Sec. 2-3-103 MCA
Implementing statute(s): Sec. 2-3-103 MCA
History: NEW, 1980 MAR p. 1698, Eff. 6/27/80.

Mont. Admin. R. 4.2.203 Awarding Contracts

(1) This allows for citizens to have the opportunity for involvement in the awarding of contracts and this shall be provided by observing the laws regarding awarding contracts by public agencies. These laws require that any significant contracts be submitted to bid and public notice is through the invitation to bid.

History

Authorizing statute(s): Sec. 2-3-103 MCA
Implementing statute(s): Sec. 2-3-103 MCA
History: NEW, 1980 MAR p. 1698, Eff. 6/27/80.

Mont. Admin. R. 4.2.204 Department Liaison

(1) In addition to all other requirements the department and the director shall continue to maintain liaison with citizen organizations active in areas concerning department responsibilities. This liaison will be on formal and informal bases through participation in their meetings and in their organizations.

History

Authorizing statute(s): See. 2-3-103 MCA
Implementing statute(s): Sec. 2-3-103 MCA
History: NEW, 1980 MAR p. 1698, Eff. 6/27/80.

Subchapter 4.2.3 Montana Environmental Policy Act

Mont. Admin. R. 4.2.312 Policy Statement Concerning Mepa Rules

The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to the fullest extent possible." In order to fulfill the stated policy of that act, the agency shall conform to the following rules prior to reaching a final decision on proposed actions covered by MEPA.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.313 Definitions

(1) 'Action' means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more other state agencies; or a project or activity involving the issuance of a lease, permit, license, certificate, or other entitlement for use or permission to act by the agency, either singly or in combination with other state agencies.

(2)

(a) 'Alternative' means:

(i) an alternate approach or course of action that would appreciably accomplish the same objectives or results as the proposed action;

(ii) design parameters, mitigation, or controls other than those incorporated into a proposed action by an applicant or by an agency prior to preparation of an EA or draft EIS;

(iii) no action or denial; and

(iv) for agency-initiated actions, a different program or series of activities that would accomplish other objectives or a different use of resources than the proposed program or series of activities.

(b) The agency is required to consider only alternatives that are realistic, technologically available, and that represent a course of action that bears a logical relationship to the proposal being evaluated.

(3) 'The agency' means the department of agriculture.

(4) 'Applicant' means a person or any other entity who applies to the agency for a grant, loan, subsidy, or other funding assistance, or for a lease, permit, license, certificate, or other entitlement for use or permission to act.

(5) 'Categorical exclusion' refers to a type of action which does not individually, collectively, or cumulatively require an EA or EIS, as determined by rulemaking or programmatic review adopted by the agency, unless extraordinary circumstances, as defined by rulemaking or programmatic review, occur.

(6) 'Compensation' means the replacement or provision of substitute resources or environments to offset an impact on the quality of the human environment. The agency may not consider compensation for purposes of determining the significance of impacts (see ARM 4.2.314(4) ) .

(7) 'Cumulative impact' means the collective impacts on the human environment of the proposed action when considered in conjunction with other past and present actions related to the proposed action by location or generic type. Related future actions must also be considered when these actions are under concurrent consideration by any state agency through pre-impact statement studies, separate impact statement evaluation, or permit processing procedures.

(8) 'Emergency actions' include, but are not limited to:

(a) projects undertaken, carried out, or approved by the agency to repair or restore property or facilities damaged or destroyed as a result of a disaster when a disaster has been declared by the governor or other appropriate government entity;

(b) emergency repairs to public service facilities necessary to maintain service; and

(c) projects, whether public or private, undertaken to prevent or mitigate immediate threats to public health, safety, welfare, or the environment.

(9) 'Environmental assessment' (EA) means a written analysis of a proposed action to determine whether an EIS is required or to serve one or more of the other purposes described in ARM 4.2.314 (2) .

(10) 'Environmental impact statement' (EIS) means the detailed written statement required by section 75-1-201, MCA, which may take several forms:

(a) "Draft environmental impact statement" means a detailed written statement prepared to the fullest extent possible in accordance with 75-1-201(1) (b) (iii) , MCA, and these rules;

(b) "Final environmental impact statement" means a written statement prepared to the fullest extent possible in accordance with 75-1-201, MCA, and ARM 4.2.321 or ARM 4.2.322 and which responds to substantive comments received on the draft environmental impact statement;

(c) "Joint environmental impact statement" means an EIS prepared jointly by more than one agency, either state or federal, when the agencies are involved in the same or a closely related proposed action.

(11) 'Environmental quality council' (EQC) means the council established pursuant to Title 75, chapter 1, MCA, and 5-16-101, MCA.

(12) 'Human environment' includes, but is not limited to biological, physical, social, economic, cultural, and aesthetic factors that interrelate to form the environment. As the term applies to the agency's determination of whether an EIS is necessary (see ARM 4.2.314 (1) ) , economic and social impacts do not by themselves require an EIS. However, whenever an EIS is prepared, economic and social impacts and their relationship to biological, physical, cultural and aesthetic impacts must be discussed.

(13) 'Lead agency' means the state agency that has primary authority for committing the government to a course of action or the agency designated by the governor to supervise the preparation of a joint environmental impact statement or environmental assessment.

(14) 'Mitigation' means:

(a) avoiding an impact by not taking a certain action or parts of an action;

(b) minimizing impacts by limiting the degree or magnitude of an action and its implementation;

(d) reducing or eliminating an impact over time by preservation and maintenance operations during the life of an action or the time period thereafter that an impact continues.

(15) 'Programmatic review' means an analysis (EIS or EA) of the impacts on the quality of the human environment of related actions, programs, or policies.

(16) 'Residual impact' means an impact that is not eliminated by mitigation.

(17) 'Scope' means the range of reasonable alternatives, mitigation, issues, and potential impacts to be considered in an environmental assessment or an environmental impact statement.

(18) 'Secondary impact' means a further impact to the human environment that may be stimulated or induced by or otherwise result from a direct impact of the action.

(19) 'State agency', means an office, commission, committee, board, department, council, division, bureau, or section of the executive branch of state government.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.314 General Requirements of the Environmental Review Process

Section 75-1-201 requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) on each proposal for projects, programs, legislation, and other major actions of state government significantly affecting the quality of the human environment. In order to determine the level of environmental review for each proposed action that is necessary to comply with 75-1-201, MCA, the agency shall apply the following criteria:

(1) The agency shall prepare an EIS as follows:

(a) whenever an EA indicates that an EIS is necessary; or

(b) whenever, based on the criteria in ARM 4.2.315 the proposed action is a major action of state government significantly affecting the quality of the human environment.

(2) An EA may serve any of the following purposes:

(a) to ensure that the agency uses the natural and social sciences and the environmental design arts in planning and decision-making. An EA may be used independently or in conjunction with other agency planning and decision-making procedures;

(b) to assist in the evaluation of reasonable alternatives and the development of conditions, stipulations or modifications to be made a part of a proposed action;

(c) to determine the need to prepare an EIS through an initial evaluation and determination of the significance of impacts associated with a proposed action;

(d) to ensure the fullest appropriate opportunity for public review and comment on proposed actions, including alternatives and planned mitigation, where the residual impacts do not warrant the preparation of an EIS; and

(e) to examine and document the effects of a proposed action on the quality of the human environment, and to provide the basis for public review and comment, whenever statutory requirements do not allow sufficient time for an agency to prepare an EIS. The agency shall determine whether sufficient time is available to prepare an EIS by comparing statutory requirements that establish when the agency must make its decision on the proposed action with the time required by ARM 4.2.323 to obtain public review of an EIS plus a reasonable period to prepare a draft EIS and, if required, a final EIS.

(3) The agency shall prepare an EA whenever:

(a) the action is not excluded under (5) and it is not clear without preparation of an EA whether the proposed action is a major one significantly affecting the quality of the human environment;

(b) the action is not excluded under (5) and although an EIS is not warranted, the agency has not otherwise implemented the interdisciplinary analysis and public review purposes listed in (2) (a) and (d) through a similar planning and decision-making process; or

(4) The agency may, as an alternative to preparing an EIS, prepare an EA whenever the action is one that might normally require an EIS, but effects which might otherwise be deemed significant appear to be mitigable below the level of significance through design, or enforceable controls or stipulations or both imposed by the agency or other government agencies. For an EA to suffice in this instance, the agency must determine that all of the impacts of the proposed action have been accurately identified, that they will be mitigated below the level of significance, and that no significant impact is likely to occur. The agency may not consider compensation for purposes of determining that impacts have been mitigated below the level of significance.

(5) The agency is not required to prepare an EA or an EIS for the following categories of action:

(a) actions that qualify for a categorical exclusion as defined by rule or justified by a programmatic review. In the rule or programmatic review, the agency shall identify any extraordinary circumstances in which a normally excluded action requires an EA or EIS;

(b) administrative actions: routine, clerical or similar functions of a department, including but not limited to administrative procurement, contracts for consulting services, and personnel actions;

(d) investigation and enforcement: data collection, inspection of facilities or enforcement of environmental standards;

(e) ministerial actions: actions in which the agency exercises no discretion, but rather acts upon a given state of facts in a prescribed manner; and

(f) actions that are primarily social or economic in nature and that do not otherwise affect the human environment.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.315 Determining the Significance of Impacts

(1) In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also refers to the agency's evaluation of individual and cumulative impacts in either EAs or EISs. The agency shall consider the following criteria in determining the significance of each impact on the quality of the human environment:

(a) the severity, duration, geographic extent, and frequency of occurrence of the impact;

(b) the probability that the impact will occur if the proposed action occurs; or conversely, reasonable assurance in keeping with the potential severity of an impact that the impact will not occur;

(c) growth-inducing or growth-inhibiting aspects of the impact, including the relationship or contribution of the impact to cumulative impacts;

(d) the quantity and quality of each environmental resource or value that would be affected, including the uniqueness and fragility of those resources or values;

(e) the importance to the state and to society of each environmental resource or value that would be affected;

(f) any precedent that would be set as a result of an impact of the proposed action that would commit the department to future actions with significant impacts or a decision in principle about such future actions; and

(g) potential conflict with local, state, or federal laws, requirements, or formal plans.

(2) An impact may be adverse, beneficial, or both. If none of the adverse effects of the impact are significant, an EIS is not required. An EIS is required if an impact has a significant adverse effect, even if the agency believes that the effect on balance will be beneficial.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.316 Preparation and Contents of Environmental Assessments

(1) The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be addressed in an EA. Whenever the agency elects to initiate this process, it shall follow the procedures contained in ARM 4.2.318.

(2) For a routine action with limited environmental impact, the contents of an EA may be reflected on a standard checklist format. At the other extreme, whenever an action is one that might normally require an EIS, but effects that otherwise might be deemed significant are mitigated in project design or by controls imposed by the agency, the analysis, format, and content must all be more substantial. The agency shall prepare the evaluations and present the information described in section (3) as applicable and in a level of detail appropriate to the following considerations:

(a) the complexity of the proposed action;

(b) the environmental sensitivity of the area affected by the proposed action;

(c) the degree of uncertainty that the proposed action will have a significant impact on the quality of the human environment;

(d) the need for and complexity of mitigation required to avoid the presence of significant impacts.

(3) To the degree required in (2) above, an EA must include:

(a) a description of the proposed action, including maps and graphs;

(b) a description of the benefits and purpose of the proposed action. If the agency prepares a cost/benefit analysis before completion of the EA, the EA must contain the cost/benefit analysis or a reference to it;

(c) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction or environmental review responsibility for the proposed action and the permits, licenses, and other authorizations required;

(d) an evaluation of the impacts, including cumulative and secondary impacts, on the physical environment. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including, where appropriate: terrestrial and aquatic life and habitats; water quality, quantity, and distribution; geology; soil quality, stability, and moisture; vegetation cover, quantity and quality; aesthetics; air quality; unique, endangered, fragile, or limited environmental resources; historical and archaeological sites; and demands on environmental resources of land, water, air and energy;

(e) an evaluation of the impacts, including cumulative and secondary impacts, on the human population in the area to be affected by the proposed action. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including where appropriate, social structures and mores; cultural uniqueness and diversity; access to and quality of recreational and wilderness activities; local and state tax base and tax revenues; agricultural or industrial production; human health; quantity and distribution of employment; distribution and density of population and housing; demands for government services; industrial and commercial activity; locally adopted environmental plans and goals; and other appropriate social and economic circumstances;

(f) a description and analysis of reasonable alternatives to a proposed action whenever alternatives are reasonably available and prudent to consider and a discussion of how the alternative would be implemented;

(g) a listing and appropriate evaluation of mitigation, stipulations, and other controls enforceable by the agency or another government agency;

(h) a listing of other agencies or groups that have been contacted or have contributed information;

(i) the names of persons responsible for preparation of the EA; and

(j) a finding on the need for an EIS and, if appropriate, an explanation of the reasons for preparing the EA. If an EIS is not required, the EA must describe the reasons the EA is an appropriate level of analysis.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.317 Public Review of Environmental Assessments

(1) The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public review to match these factors.

(2) An EA is a public document and may be inspected upon request. Any person may obtain a copy of an EA by making a request to the agency. If the document is out-of-print, a copying charge may be levied.

(3) The agency is responsible for providing additional opportunities for public review consistent with the seriousness and complexity of the environmental issues associated with a proposed action and the level of public interest. Methods of accomplishing public review include publishing a news release or legal notice to announce the availability of an EA, summarizing its content and soliciting public comment; holding public meetings or hearings; maintaining mailing lists of persons interested in a particular action or type of action and notifying them of the availability of EAs on such actions; and distributing copies of EAs for review and comment.

(4) For an action with limited environmental impact and little public interest, no further public review may be warranted. However, where an action is one that normally requires an EIS, but effects that otherwise might be deemed significant are mitigated in the project proposal or by controls imposed by the agency, public involvement must include the opportunity for public comment, a public meeting or hearing, and adequate notice. The agency is responsible for determining appropriate methods to ensure adequate public review on a case by case basis.

(5) The agency shall maintain a log of all EAs completed by the agency and shall submit a list of any new EAs completed to the office of the governor and the environmental quality council on a quarterly basis. In addition, the agency shall submit a copy of each completed EA to the EQC.

(6) The agency shall consider the substantive comments received in response to an EA and proceed in accordance with one of the following steps, as appropriate:

(a) determine that an EIS is necessary;

(b) determine that the EA did not adequately reflect the issues raised by the proposed action and issue a revised document; or

(c) determine that an EIS is not necessary and make a final decision on the proposed action, with appropriate modification resulting from the analysis in the EA and analysis of public comment.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.318 Determining the Scope of an Eis

(1) Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS.

(2) To identify the scope of an EIS, the agency shall:

(a) invite the participation of affected federal, state, and local government agencies, Indian tribes, the applicant, if any, and interested persons or groups;

(b) identify the issues related to the proposed action that are likely to involve significant impacts and that will be analyzed in depth in the EIS;

(c) identify the issues that are not likely to involve significant impacts, thereby indicating that unless unanticipated effects are discovered during the preparation of the EIS, the discussion of these issues in the EIS will be limited to a brief presentation of the reasons they will not significantly affect the quality of the human environment; and

(d) identify those issues that have been adequately addressed by prior environmental review, thereby indicating that the discussion of these issues in the EIS will be limited to a summary and reference to their coverage elsewhere; and

(e) identify possible alternatives to be considered.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.319 Environmental Impact Statements--General Requirements

The following apply to the design and preparation of EISs:

(1) The agency shall prepare EISs that are analytic rather than encyclopedic.

(2) The agency shall discuss the impacts of a proposed action in a level of detail that is proportionate to their significance. For other than significant issues, an EIS need only include enough discussion to show why more study is not warranted.

(3) The agency shall prepare with each draft and final EIS a brief summary that is available for distribution separate from the EIS. The summary must describe:

(a) the proposed action being evaluated by the EIS, the impacts, and the alternatives;

(b) areas of controversy and major conclusions;

(d) the agency's preferred alternative, if any.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.320 Preparation and Contents of Draft Environmental Impact Statements

If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following:

(1) a description of the proposed action, including its purpose and benefits;

(2) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction and a description of their responsibility for the proposed action;

(3) a description of the current environmental conditions in the area affected by the proposed action or alternatives, including maps and charts, whenever appropriate. The description must be no longer than is necessary to understand the effects of the action and alternatives. Data analysis must be commensurate with the importance of the impact with less important material summarized, consolidated, or simply referenced;

(4) a description of the impacts on the quality of the human environment of the proposed action including:

(a) the factors listed in (3) (d) and (e) of ARM 4.2.316

whenever appropriate;

(b) primary, secondary, and cumulative impacts;

(d) irreversible and irretrievable commitments of environmental resources, including land, air, water and energy;

(e) economic and environmental benefits and costs of the proposed action; and

(f) the relationship between local short-term uses of man's environment and the effect on maintenance and enhancement of the long-term productivity of the environment. Where a cost-benefit analysis is prepared by the agency prior to the preparation of the draft EIS, it shall be incorporated by reference in or appended to the EIS;

(5) an analysis of reasonable alternatives to the proposed action, including the alternative of no action and other reasonable alternatives that may or may not be within the jurisdiction of the agency to implement, if any;

(6) a discussion of mitigation, stipulations, or other controls committed to and enforceable by the agency or other government agency;

(7) a discussion of any compensation related to impacts stemming from the proposed action;

(8) an explanation of the trade-offs among the reasonable alternatives;

(9) the agency's preferred alternative, if any, and its reasons for the preference;

(10) a section on consultation and preparation of the draft EIS that includes the following:

(a) the names of those individuals or groups responsible for preparing the draft EIS;

(b) a listing of other agencies, groups, or individuals who were contacted or contributed information; and

(11) a summary of the draft EIS as required in ARM 4.2.319; and

(12) other sections that may be required by other statutes in a comprehensive evaluation of the proposed action, or by the National Environmental Policy Act or other federal statutes governing a cooperating federal agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.321 Adoption of Draft Environmental Impact Statement as Final

(1) Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft EIS within 30 days of the close of the comment period on the draft EIS.

(2) In the event the agency determines to adopt the draft EIS, the agency shall notify the governor, the environmental quality council, the applicant, if any, and all commenters of its decision and provide a statement describing its proposed course of action. This notification must be accompanied by a copy of all comments or a summary of a representative sample of comments received in response to the draft statement, together with, at minimum, an explanation of why the issues raised do not warrant the preparation of a final EIS.

(3) The agency shall provide public notice of its decision to adopt the draft EIS as a final EIS.

(4) If the agency decides to adopt the draft EIS as the final EIS, it may make a final decision on the proposed action no sooner than 15 days after complying with subsections (1) through (3) above.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.322 Preparation and Contents of Final Environmental Impact Statement

Except as provided in ARM 4.2.321, a final environmental impact statement must include:

(1) a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comments received on the draft EIS, stating specifically where such conclusions and information were changed from those which appeared in the draft;

(2) a list of all sources of written and oral comments on the draft EIS, including those obtained at public hearings, and, unless impractical, the text of comments received by the agency (in all cases, a representative sample of comments must be included) ;

(3) the agency's responses to substantive comments, including an evaluation of the comments received and disposition of the issues involved;

(4) data, information, and explanations obtained subsequent to circulation of the draft; and

(5) the agency's recommendation, preferred alternative, or proposed decision together with an explanation of the reasons therefor.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.323 Time Limits and Distribution of Environmental Impact Statements

(1) Following preparation of a draft EIS, the agency shall distribute copies to the governor. EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies.

(2) The listed transmittal date to the governor and the EQC must not be earlier than the date that the draft EIS is mailed to other agencies, organizations, and individuals. The agency shall allow 30 days for reply, provided that the agency may extend this period up to an additional 30 days at its discretion or upon application of any person for good cause. When preparing a joint EIS with a federal agency or agencies, the agency may also extend this period in accordance with time periods specified in regulations that implement the National Environmental Policy Act. However, no extension which is otherwise prohibited by law may be granted.

(3) In cases involving an applicant, after the period for comment on the draft EIS has expired, the agency shall send to the applicant a copy of all written comments that were received. The agency shall advise the applicant that he has a reasonable time to respond in writing to the comments received by the agency on the draft EIS and that the applicant's written response must be received before a final EIS can be prepared and circulated. The applicant may waive his right to respond to the comments on the draft EIS.

(4) Following preparation of a final EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, persons who submitted comments on or received a copy of the draft EIS, and other members of the public upon request.

(5) Except as provided by ARM 4.2.321 (4) , a final decision must not be made on the proposed action being evaluated in a final EIS until 15 days have expired from the date of transmittal of the final EIS to the governor and EQC. The listed transmittal date to the governor and EQC must not be earlier than the date that the final EIS is mailed to other agencies, organizations, and individuals.

(6) All written comments received on an EIS, including written responses received from the applicant, must be made available to the public upon request.

(7) Until the agency reaches its final decision on the proposed action, no action concerning the proposal may be taken that would:

(a) have an adverse environmental impact; or

(b) limit the choice of reasonable alternatives, including the no-action alternative.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.324 Supplements to Environmental Impact Statements

(1) The agency shall prepare supplements to either draft or final environmental impact statements whenever:

(a) the agency or the applicant makes a substantial change in a proposed action;

(b) there are significant new circumstances, discovered prior to final agency decision, including information bearing on the proposed action or its impacts that change the basis for the decision; or

(c) following preparation of a draft EIS and prior to completion of a final EIS, the agency determines that there is a need for substantial, additional information to evaluate the impacts of a proposed action or reasonable alternatives.

(2) A supplement must include, but is not limited to, a description of the following:

(a) an explanation of the need for the supplement;

(b) the proposed action; and

(c) any impacts, alternatives or other items required by ARM 4.2.320 for a draft EIS or ARM 4.2.322 for a final EIS that were either not covered in the original statement or that must be revised based on new information or circumstances concerning the proposed action.

(3) The same time periods applicable to draft and final EISs apply to the circulation and review of supplements.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.325 Adoption of an Existing Eis

(1) The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the National Environmental Policy Act if the agency determines:

(a) that the existing EIS covers an action paralleling or closely related to the action proposed by the agency or the applicant;

(b) on the basis of its own independent evaluation, that the information contained in the existing EIS has been accurately presented; and

(2) A summary of the existing EIS or the portion adopted and a list of places where the full text is available must be circulated as a part of the EIS and treated as part of the EIS for all purposes, including, if required, preparation of a final EIS.

(3) Adoption of all or part of an existing EIS does not relieve the agency of the duty to comply with ARM 4.2.320.

(4) The same time periods applicable to draft and final EISs apply to the circulation and review of EISs that include material adopted from an existing EIS.

(5) The agency shall take full responsibility for the portions of a previous EIS adopted. If the agency disagrees with certain adopted portions of the previous EIS, it shall specifically discuss the points of disagreement.

(6) No material may be adopted unless it is reasonably available for inspection by interested persons within the time allowed for comment.

(7) Whenever part of an existing EIS or concurrently prepared EIS is adopted, the part adopted must include sufficient material to allow the part adopted to be considered in the context in which it was presented in the original EIS.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): ec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.326 Interagency Cooperation

(1) Whenever it is the lead agency responsible for preparation of an EIS, the agency may:

(a) request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS;

(b) allocate assignments, as appropriate, for the preparation of the EIS among other participating agencies; and

(2) Whenever participation of the agency is requested by a lead agency, the agency shall make a good-faith effort to participate in the EIS as requested, with its expenses for participation in the EIS paid by the lead agency or other agency collecting the EIS fee if one is collected.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.327 Joint Environmental Impact Statements and Ea's

(1) Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the lead agency, the agency shall cooperate with the lead agency in the preparation of a joint EIS. Whenever it is clearly the lead agency, the agency shall coordinate the preparation of the EIS as required by this rule. Whenever the agency and one or more agencies have jurisdiction over an applicant's proposal or major state actions and lead agency status cannot be resolved, the agency shall request a determination from the governor.

(2) The agency shall cooperate with federal and local agencies in preparing EISs when the jurisdiction of the agency is involved. This cooperation may include, but is not limited to: joint environmental research studies, a joint process to determine the scope of an EIS, joint public hearings, joint EISs, and, whenever appropriate, joint issuance of a record of decision.

(3) Whenever the agency proposes or participates in an action that requires preparation of an EIS under both the National Environmental Policy Act and MEPA, the EIS must be prepared in compliance with both statutes and associated rules and regulations. The agency may, if required by a cooperating federal agency, accede to and follow more stringent requirements, such as additional content or public review periods, but in no case may it accede to less than is provided for in these rules.

(4) The same general provisions for cooperation and joint issuance of documents provided for in this rule in connection with EISs also apply to EAs.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.328 Preparation, Content, and Distribution of a Programmatic Review

(1) Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, it shall prepare a programmatic review discussing the impacts of the series of actions.

(2) The agency may also prepare a programmatic review whenever required by statute, whenever a series of actions under the jurisdiction of the agency warrant such an analysis as determined by the agency, or whenever prepared as a joint effort with a federal agency requiring a programmatic review.

(3) The agency shall determine whether the programmatic review takes the form of an EA or an EIS in accordance with the provisions of ARM 4.2.314 and ARM 4.2.315 unless otherwise provided by statute.

(4) A programmatic review must include, as a minimum, a concise, analytical discussion of alternatives and the cumulative environmental effects of these alternatives on the human environment. In addition programmatic reviews must contain the information specified in ARM 4.2.320 for EISs or ARM 4.2.316 for EAs, as applicable.

(5) The agency shall adhere to the time limits specified for distribution and public comment on EISs or EAs, whichever is applicable.

(6) While work on a programmatic review is in progress, the agency may not take major state actions covered by the program in that interim period unless such action:

(a) is part of an ongoing program;

(b) is justified independently of the program; or

(c) will not prejudice the ultimate decision on the program. Interim action prejudices the ultimate decision on the program if it tends to determine subsequent development or foreclose reasonable alternatives.

(7) Actions taken under subsection (6) must be accompanied by an EA or an EIS, if required.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.329 Record of Decision for Actions Requiring Environmental Impact Statements

(1) At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any other documentation of the decision that is prepared by the agency, is a public notice of what the decision is, the reasons for the decision, and any special conditions surrounding the decision or its implementation.

(2) The agency may include in the final EIS, in addition to a statement of its proposed decision, preferred alternative, or recommendation on the proposed action, the other items required by (1) , and additional explanation as provided for in (3) below. If the final decision and the reasons for that final decision are the same as set forth in the final EIS, the agency may comply with (1) by preparing a public notice of what the decision is and adopting by reference the information contained in the final EIS that addresses the items required by (1) . If the final decision or any of the items required by (1) are different from what was presented in the final EIS, the agency is responsible for preparing a separate record of decision.

(3) There is no prescribed format for a record of decision, except that it must include the items listed in (1) . The record may include the following items as appropriate:

(a) brief description of the context of the decision;

(b) the alternatives considered;

(d) the alternative or alternatives considered environmentally preferable;

(e) short and long-term effects of the decision;

(f) policy considerations that were balanced and considered in making the decision;

(g) whether all practical means to avoid or minimize environmental harm were adopted, and if not, why not; and

(h) a summary of implementation plans, including monitoring and enforcement procedures for mitigation, if any.

(4) This rule does not define or affect the statutory decision making authority of the agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.330 Emergencies

(1) The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as to the need for the action and the impacts and results of it. Emergency actions must be limited to those actions immediately necessary to control the impacts of the emergency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.331 Confidentiality

(1) Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.332 Resolution of Statutory Conflicts

(1) Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action that will enable the agency to comply to the fullest extent possible with the provisions of MEPA. This notification must be made as soon as practical after the agency recognizes that a conflict exists, and no later than 30 days following such recognition.

(2) The agency has a continuing responsibility to review its programs and activities to evaluate known or anticipated conflicts between these rules and other statutory or regulatory requirements. It shall make such adjustments or recommendations as may be required to ensure maximum compliance with MEPA and these rules.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.333 Contracts and Disclosure

(1) The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or portion thereof prior to its approval, and take responsibility for its scope and content.

(2) A person contracting with the agency in the preparation of an EIS must execute a disclosure statement, in affidavit form prepared by the agency, specifying that he has no financial or other interest in the outcome of the proposed action other than a contract with the agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.334 Public Hearings

(1) Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must advise the public of the nature of testimony the agency wishes to receive at the hearing. The hearing must be held after the draft EIS has been circulated and prior to preparation of the final EIS. A hearing involving an action for which an EA was prepared must be held after the EA has been circulated and prior to any final agency determinations concerning the proposed action. In cases involving an applicant, the agency shall allow an applicant a reasonable time to respond in writing to comments made at a public hearing, notwithstanding the time limits contained in ARM 4.2.323. The applicant may waive his right to respond to comments made at a hearing.

(2) In addition to the procedure in (1) above, the agency shall take such other steps as are reasonable and appropriate to promote the awareness by interested parties of a scheduled hearing.

(3) The agency shall hold a public hearing whenever requested within 20 days of issuance of the draft EIS by either:

(a) 10% or 25, whichever is less, of the persons who will be directly affected by the proposed action;

(b) by another agency which has jurisdiction over the action;

(d) the applicant, if any.

(4) In determining whether a sufficient number of persons have requested a hearing as required by subsection (3) , the agency shall resolve instances of doubt in favor of holding a public hearing.

(5) No person may give testimony at the hearing as a representative of a participating agency. Such a representative may, however, at the discretion of the hearing officer, give a statement regarding his or her agency's authority or procedures and answer questions from the public.

(6) Public meetings may be held in lieu of formal hearings as a means of soliciting public comment on an EIS where no hearing is requested under (3) above. However, the agency shall provide adequate advance notice of the meeting; and, other than the degree of formality surrounding the proceedings, the objectives of such a meeting are essentially the same as those for a hearing.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.335 Fees: Determination of Authority to Impose

(1) Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount the agency reasonably estimates, as set forth in this rule, will be expended to gather information and data necessary to compile an EIS.

(2) The agency shall determine within 30 days after a completed application is filed whether it will be necessary to compile an EIS and assess a fee as prescribed by this rule. If it is determined that an EIS is necessary, the agency shall make a preliminary estimate of its costs. This estimate must include a summary of the data and information needs and the itemized costs of acquiring the data and information, including salaries, equipment costs and any other expense associated with the collection of data and information for the EIS.

(3) Whenever the preliminary estimated costs of acquiring the data and information to prepare an EIS total more than $2,500, the agency shall notify the applicant that a fee must be paid and submit an itemized preliminary estimate of the cost of acquiring the data and information necessary to compile an EIS. The agency shall also notify the applicant to prepare and submit a notarized and detailed estimate of the cost of the project being reviewed in the EIS within 15 days. In addition, the agency shall request the applicant to describe the data and information available or being prepared by the applicant which can possibly be used in the EIS. The applicant may indicate which of the agency's estimated costs of acquiring data and information for the EIS would be duplicative or excessive. The applicant must be granted, upon request, an extension of the 15-day period for submission of an estimate of the project's cost and a critique of the agency's preliminary EIS data and information accumulation cost assessment.

History

Authorizing statute(s): Sec. 75-1-202, MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.336 Fees: Determination of Amount

(1) After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final amount of the fee to be assessed. The fee assessed must be based on the projected cost of acquiring all of the information and data needed for the EIS. If the applicant has gathered or is in the process of gathering information and data that can be used in the EIS, the agency shall only use that portion of the fee that is needed to verify the information and data. Any unused portion of the fee assessed may be returned to the applicant within a reasonable time after the information and data have been collected or the information and data submitted by the applicant have been verified, but in no event later than the deadline specified in these rules. The agency may extend the 15-day period provided for review of the applicant's submittal but not to exceed 45 days if it believes that the project cost estimate submitted is inaccurate or additional information must be obtained to verify the accuracy of the project cost estimate. The fee assessed must not exceed the limitations provided in 75-1-203(2) , MCA.

(2) If an applicant believes that the fee assessed is excessive or does not conform to the requirements of this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a hearing pursuant to the contested case provisions of the Montana Administrative Procedure Act. If a hearing is held on the fee assessed as authorized by this subsection, the agency shall proceed with its analysis of the project wherever possible. The fact that a hearing has been requested is not grounds for delaying consideration of an application except to the extent that the portion of the fee in question affects the ability of the department to collect the data and information necessary for the EIS.

History

Authorizing statute(s): Sec. 75-1-202, MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 4.2.337 Use of Fee

(1) The fee assessed hereunder may only be used to gather data and information necessary to compile an EIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that additional data and information must be collected or that data and information supplied by the applicant and relied upon by the agency are inaccurate or invalid, an additional fee may be assessed under the procedures outlined in these rules if the maximum fee has not been collected.

(2) Whenever the agency has completed work on the EIS, it shall submit to the applicant a complete accounting of how any fee was expended. If the money expended is less than the fee collected, the remainder of the fee shall be refunded to the applicant without interest within 45 days after work has been completed on the final EIS.

History

Authorizing statute(s): Sec. 75-1-202, MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Chapter 4.3 Agricultural Development Division

Subchapter 4.3.1 Program Assets

Mont. Admin. R. 4.3.101 Assets

(1) Rural development loans through the Montana department of agriculture will be made from the assets of the former Montana rural rehabilitation corporation. The word "assets" includes the basic assets and the income, proceeds and acquisitions therefrom.

History

Authorizing statute(s): 80-2-101 and 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Mont. Admin. R. 4.3.102 Usage

(1) The assets may be used for the purpose of aiding in the development of substandard income rural families and individuals who live in the state of Montana. Applicants must be unable to provide the needed funds themselves, and unable to acquire them from other sources at reasonable rates and terms.

(2) A loan committee shall be maintained within the department of agriculture to evaluate and act upon proposals received.

History

Authorizing statute(s): 80-2-101 and 80-2-106, MCA
Implementing statute(s): 80-2-102 and 80-2-103, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Subchapter 4.3.2 Junior Agriculture Loan Rules

Mont. Admin. R. 4.3.201 Objectives

(1) The primary objectives of the junior agriculture loan program (livestock, agri-business) are to:

(a) further encourage Montana's rural youth to enter into agricultural projects;

(b) preserve interest in Montana's agricultural future;

and

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Mont. Admin. R. 4.3.202 Qualifications

(1) A complete application must be made to the Montana department of agriculture.

(2) Each applicant must provide evidence and/or sign a written statement that they are unable to acquire the needed funds from another source at reasonable rates or terms.

(3) Active membership in the FFA, 4-H, or other recognized rural youth organization is desired. Parents or guardians must be willing to cooperate with the borrower and have ample facilities available for implementation of the project.

( 4) A three-member loan committee must be established in the local community from which an application is received. This committee should be composed of any three of the following: agriculture education instructors, county extension agents, agricultural loan officers, and others. This committee is established to make recommendations concerning the making and servicing of the loan proposal.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 2000 MAR p. 3332, Eff. 12/8/00; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Mont. Admin. R. 4.3.203 Closing Requirements

(1) A joint bank account may be established at the time the loan funds are disbursed. The project supervisor, or another member of the local loan committee, shall be designated to counter-sign checks drawn on this account by the borrower.

(2) All livestock presently owned and those purchased by the borrower must be listed on the security agreement provided by the department.

(3) All loan security instruments shall be filed appropriately and the borrower must pay all necessary fees.

(a) All livestock shall be identified by the borrowers registered brand, or other markings as approved by the department of agriculture.

(b) All mortgaged property must be kept on the borrowers property, and/or property described within the lease agreement.

(4) The department may require insurance coverage on all mortgaged property, resulting production, or offspring.

(5) All mortgaged property to be sold by the borrower, must be sold in the borrower's and the Montana department of agriculture's names. Sale receipts shall then be released in accordance with the loan agreement.

(6) The borrower shall allow representatives of the department of agriculture and the project supervisor to inspect the loan project and facilities upon request. The borrower shall handle the project to the best of his/her ability, and cooperate with the project supervisor's and the Montana department of agriculture's recommended practices and procedures.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Mont. Admin. R. 4.3.204 Limitations

(1) The director of the Montana department of agriculture shall establish interest rates for loans yearly. Loans will bear simple interest charged yearly on the unpaid balance. The interest rate on established loans may be reviewed and adjusted to correspond with the established rate at three-year intervals.

(2) No loan shall exceed $3,500 for age nine to 11 and $8,500 for age 12 to 21 for any one individual borrower or $14,000 for any chapter or club. Loans may be renegotiated providing the borrower does not exceed the maximum loan limits at any time.

(3) Applicants may borrow up to 90% of the total funds required for the proposed project.

(4) Repayment schedules may vary, but must not exceed five years for individuals and 10 years for clubs and chapters.

(5) The department of agriculture may immediately terminate a loan agreement if the applicant is unable to fulfill the terms of the loan agreement. In the event that any mortgaged property is sold during the program loan period without prior approval by the department, the balance of the loan may be immediately due and payable.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 1984 MAR p. 1366, Eff. 9/14/84; AMD, 2000 MAR p. 3332, Eff. 12/8/00; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Subchapter 4.3.5 Participation Loan Rules

Mont. Admin. R. 4.3.501 Objective

(1) Participation loans are made to substandard income rural individuals to assist them in securing funds for operating expenses and real estate purchases. The agricultural finance program may participate in farm and ranch real estate and operating loans with the USDA farm service agency. Interest rates shall be established annually by the director of agriculture, but in no case shall it exceed the reasonable market rate.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Mont. Admin. R. 4.3.502 Operating Requirements

(1) Participation of operating loans shall give the department of agriculture a first lien position on all collateral listed on the subordination agreement.

(a) Operating loans will be for a one year maximum time frame.

(b) Operating loans may be made for 60% of the value of the mortgaged property.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-104, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77; AMD, 1978 MAR p. 152, Eff. 4/25/78.

Mont. Admin. R. 4.3.503 Real Estate Requirements

(1) The department of agriculture shall hold the first mortgage position on all real estate participation loans.

(a) Real estate loans will be made upon availability of funds, but in no case shall the term exceed a 20 year repayment schedule.

(b) Title insurance and fire insurance must be carried on the mortgaged real estate, with the Montana department of agriculture listed as the first lien holder.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-104, MCA
History: NEW, 1977 MAR p. 942, Eff. 11/26/77.

Subchapter 4.3.6 Rural Assistance Loan Program

Mont. Admin. R. 4.3.601 Objectives

(1) The objective of the rural assistance loan program is to assist substandard income rural persons, or persons who are unable to obtain reasonable commercial credit at reasonable rates and terms. The further objective is to provide for such other rural rehabilitation purposes permissible under the Montana rural rehabilitation assets use agreement and the former Montana rural rehabilitation corporation's charter.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1985 MAR p. 1015, Eff. 7/26/85; AMD, 2004 MAR p. 2805, Eff. 11/19/04.

Mont. Admin. R. 4.3.602 Qualifications

(1) Application must be made to the Montana Department of Agriculture. All application documents must be completed and presented to the department before the department loan committee will consider the request.

(2) Each applicant must be unable to obtain the needed funds from a private lender or other sources at reasonable rates or terms. Evidence shall consist of a statement, signed by a private lender, that financing was unavailable.

(3) Applicant(s) shall be at least 18 years of age.

(4) An applicant's net worth including that of spouse and minor children cannot exceed $450,000 at the time of application as determined using generally accepted accounting principles (GAAP):

(a) contingent assets or liabilities shall be included in the determination of net worth and total assets. Contingent assets or liabilities are those for which contracts or agreements have been or are in the process of being entered into but for which the asset or liability will be recognized in the future.

(5) Applicant(s) must demonstrate access to assets necessary to carry out the proposed agricultural enterprise.

(6) Applicant(s) must demonstrate the experience, knowledge and ability necessary to conduct the proposed agricultural enterprise.

(7) Applicant(s) must demonstrate repayment capacity using proceeds from the agricultural enterprise or other acceptable income.

(8) A two-member local committee must be established by the applicant to review the loan request. The committee shall be composed of an officer from a bank in the borrower's home community or bank where the borrower normally conducts business, and an agricultural specialist. Examples of agricultural specialists are county extension agents, vocational agriculture education teachers, and farm service agency district supervisors. This committee will review the loan application and make recommendations concerning the proposed loan.

(9) There is a nonrefundable application fee of $75.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1985 MAR p. 1015, Eff. 7/26/85; AMD, 1998 MAR p. 2704, Eff. 10/8/98; AMD, 2000 MAR p. 3332, Eff. 12/8/00; AMD, 2004 MAR p. 1469, Eff. 7/2/04; AMD, 2004 MAR p. 2805, Eff. 11/19/04; AMD, 2024 MAR p. 126, Eff. 1/27/24.

Mont. Admin. R. 4.3.603 Closing Requirements

(1) A joint bank account with the borrower and the department may be established at the time the loan funds are disbursed. A member of the local loan committee or other representative of the Montana department of agriculture may be designated to countersign checks drawn on this account by the borrower.

(2) The department may require insurance coverage on all mortgaged or otherwise secured property.

(3) The department may require an appraisal from a qualified appraiser on property to be financed or used to secure a loan or to determine the value of the applicant's assets.

(4) The department may loan up to 80% of the value of secured property. The department may require collateral in addition to property being financed with loan funds.

(5) The department shall require a first mortgage position on any land being mortgaged.

(6) The applicant(s) shall provide title insurance in the name of the department for any land to be purchased with loan funds.

(7) The borrower(s) and guarantor(s) shall sign all necessary documents as required by the department and all documents requiring filing shall be properly filed by the department.

(8) The department may require the borrower to register a brand with the Montana department of livestock for the purpose of recording a lien on the brand and may require secured livestock to be branded.

(9) The borrower shall pay fees required to file, continue, or release financing statements, mortgages, and brand liens.

(10) A representative of the Montana department of agriculture may at a reasonable time visit personally with applicant(s) for the purpose of verifying the applicant's collateral, qualifications and abilities to conduct the proposed agricultural enterprise.

(11) The borrower shall allow members of the local loan committee and the department to inspect collateral or loan-related records upon request at any reasonable time during the repayment period.

(12) The borrower shall care for collateral and conduct agricultural operations in accordance with good and recognized agricultural practices.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1985 MAR p. 1015, Eff. 7/26/85; AMD, 1998 MAR p. 2704, Eff. 10/8/98; AMD, 2004 MAR p. 1469, Eff. 7/2/04.

Mont. Admin. R. 4.3.604 Limitations

(1) Loan amounts shall not exceed $75,000 for any one individual.

(2) Loans may be renegotiated up to the maximum of $75,000.

(3) Interest rates for loans shall be established yearly by the director of the Montana department of agriculture. Loans will bear simple interest charged yearly on the unpaid balance.

(4) Loan funds shall be used for purposes approved by the department and applicant(s) shall provide the amount necessary for a down payment as required by the department and use that amount for only the approved purposes.

(5) Loans may be authorized to finance the following types of property or activities:

(a) depreciable property and equipment suitable for use in agriculture or agri-business;

(b) depreciable agricultural improvements which are located on agricultural land;

(d) agricultural land; and

(e) other expenditures for agricultural equipment, property, facilities, or expenses as approved by the department.

(6) Loans shall not be eligible for financing personal residences, nonfarm vehicles, family-living expenses or other property used for household purposes.

(7) The repayment period shall be determined by the department prior to closing and shall not exceed the following schedules:

(a) loans for depreciable agricultural property or equipment shall not exceed seven years;

(b) loans for depreciable agricultural improvements or agricultural land shall not exceed 10 years; and

(c) loans for operating expenses will be paid within one year unless first-year operating costs are included in a loan for agricultural property, equipment, improvements, or land in which case the amount for operating expense can be amortized over the repayment period.

History

Authorizing statute(s): 80-2-106, MCA
Implementing statute(s): 80-2-103, MCA
History: NEW, 1985 MAR p. 1015, Eff. 7/26/85; AMD, 1998 MAR p. 2704, Eff. 10/8/98; AMD, 2000 MAR p. 3332, Eff. 12/8/00; AMD, 2003 MAR p. 215, Eff. 2/14/03; AMD, 2004 MAR p. 1469, Eff. 7/2/04; AMD, 2004 MAR p. 2805, Eff. 11/19/04.

Chapter 4.4 Hail Insurance Program

Subchapter 4.4.1 Organizational Rule

Mont. Admin. R. 4.4.101 Board Organization

(1) The state board of hail insurance hereby adopts and incorporates the organizational rules of the department of agriculture as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-15-121 and 80-2-201, MCA
Implementing statute(s): 80-2-201, MCA
History: NEW, Eff. 2/4/74.

Subchapter 4.4.2 Procedural Rules

Mont. Admin. R. 4.4.201 Board Procedure

(1) The state board of hail insurance herein adopts and incorporates the model procedural rules with the exception, modifications and additions thereto, whichever is applicable, as set out in chapter 2 of this title.

History

Authorizing statute(s): 2-15-121 and 80-2-201, MCA
Implementing statute(s): 80-2-201, MCA
History: NEW, Eff. 2/4/74.

Subchapter 4.4.3 Substantive Rules

Mont. Admin. R. 4.4.301 Adjustment of Hail Loss

(1) When the adjustment of a hail loss is made, the percentage of loss allowed shall be that percentage of the crop which has been destroyed by hail only. The adjustment shall be subject to the condition mentioned in ARM 4.4.315 Liability To Cease for State Board of Hail Insurance.

(2) The cost of cutting, pulling, binding or harvesting in any manner shall not be considered in measuring the extent of the loss, provided that payment of the loss be limited to not more than the estimated value of the damaged crop before the hail.

(3) The value of the loss shall be based on the amount of hail insurance coverage purchased per acre.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-244, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.302 At Least 5% Loss Needed

(1) If any insured claims a loss and no appreciable part of any field shows a loss of at least 5%, the insured may be required to pay the adjusting expense. All loss claims must be filed with the state board of hail insurance at Helena within 14 days after the storm. If any insured grain has been damaged by hail and is ripe enough to harvest before the adjuster appears, the insured may proceed with his harvesting with the exception that he must leave fair, representative samples in each field as directed on the hail loss report form and on the acknowledgement of loss form.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-244, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 1988 MAR p. 267, Eff. 2/12/88.

Mont. Admin. R. 4.4.303 Insured Crops

(1) All crops authorized under 80-2-205, MCA, including the following, may be insured at any time through August 15.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-205, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 1982 MAR p. 1266, Eff. 7/1/82; AMD, 2003 MAR p. 2079, Eff. 9/26/03; AMD, 2008 MAR p. 562, Eff. 3/28/08.

Mont. Admin. R. 4.4.304 Hay Crops

(1) This hail insurance covers up to a total loss on any one-cutting hay crop, or partial losses on hay crops with more than one cutting per season, up to where the losses amount to not more than the equivalent of a total loss of one cutting.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-205, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78.

Mont. Admin. R. 4.4.305 Provisions of Coverage

(1) Hail insurance on all insured crops is in force for the full growing season with the following provisions:

(a) there will be no liability on grain until 75% of the plants are plainly jointed;

(b) no liability is assumed on beans and peas until they show a practical stand;

(c) no liability is assumed on any crops for loss or damage to blooms, leaves, or stems unless such loss or damage plainly reduces the quality or quantity of the production;

(d) when loss or damage is sustained on immature crops the adjustment may be delayed until the extent of the damage may be more accurately determined; and

(e) no liability is assumed on mustard or flax until 75% of the plants are four inches tall, and on sugar beets until 75% of the plants have 12 or more leaves.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-244, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.306 Application for Insurance

(1) Persons wishing to participate in the hail insurance program shall file a properly filled out and signed application with the Montana Department of Agriculture no later than August 15.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-203, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2017 MAR p. 437, Eff. 4/15/17.

Mont. Admin. R. 4.4.308 Reappraisal

(1) In case of disagreement on any adjustment, the insured must ask for reappraisal within 10 days. The insured may at his option submit the matter to arbitration as provided in 80-2-243 , MCA or sue the state board of hail insurance in the district court of the county where the loss occurred.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-243 and 80-7-912, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78.

Mont. Admin. R. 4.4.309 Filing of Application for Reduction and Schedule

(1) When an application for reduction of premium is filed and approved, the rate on such crops withdrawn shall be computed in proportion to the time the insurance is in force, and in accordance with the maximum rate established for the zone in which said crops are growing.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-229, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.310 Special Crops Reduction

(1) All growers of grain and other special crops seeking a reduction of premium shall be subject to the dates in ARM 4.4.309 except five days additional shall be allowed:

(a) all growers in the counties adjoining the Canadian border; and

(b) those in other counties where the insured crops are growing at an elevation in excess of 3,500 feet above sea level.

(2) When any insured crop has been practically destroyed by other means than hail after the dates provided in ARM 4.4.309 Filing of Application For Reduction and Schedule, and (1) of this rule, the insured may apply to the state board of hail insurance for a reduction in the charge, but the requests for such reduction must be made before the grain is harvested. When the insured furnishes the required information proving the damage or destruction of the crop the state board of hail insurance may approve a reduction of the charge to not less than one-half the regular charge for the season.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-229 and 80-2-242, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.311 Receipt of Refund

(1) To receive a refund of any surplus funds declared by the hail board, a policy holder must have his premium paid in full by July 1st of the following crop season.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-222, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.312 Process of Payment for Losses

(1) Any losses occurring under policies issued for this application shall be payable within 40 days of the occurrence of the loss as follows:

(a) Loss payment shall be applied to outstanding policy premium (regardless of location in Montana) ; loss payment shall be applied to policy of loss first, remaining loss payment shall be applied to additional policies of record in descending order based on date of issuance.

(b) Policy holders will be identified by tax identification number. Policies having the same tax identification number will be considered the same entity and loss payment policies enacted accordingly.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-244, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 1994 MAR p. 2712, Eff. 10/14/94.

Mont. Admin. R. 4.4.313 Losses Exceeding the Premium for That Year

(1) If the losses for any year exceed the premiums for that year plus the reserve fund, if any, then the payment on losses shall be prorated share-and-share-alike among all suffering loss by hail.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-244 and 80-7-907, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.315 Liability to Cease for State Board of Hail Insurance

(1) The liability of the state board of hail insurance for damage by hail to crops insured under this act shall cease when:

(a) The crops are headed, mowed, or harvested in any manner except that liability against damage by hail will continue in force on grain or any other crops which have been bound, shocked, or windrowed until the insured has had a reasonable time to complete harvesting or threshing.

(b) The insured neglects under favorable conditions to harvest the crops insured within a reasonable time after the grain is fully ripe.

(c) The insured makes application for cancellation or reduction of the current hail insurance levy on account of the alleged destruction of said crops by other means than hail.

(d) The crops are destroyed by other means than hail.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-244, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.316 Liability on All Crops

(1) The liability on all crops insured will expire October 1 at 11:59 p.m.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-203 and 80-2-241, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 1993 MAR p. 939, Eff. 5/14/93; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Mont. Admin. R. 4.4.317 Request for Insurance on Hail Damaged Grain

(1) A producer may request insurance for a crop that has already had hail damage if they comply with the following:

(a) the request must be made on a form furnished by the department;

(b) the form must be completed in full and signed;

(d) no hail loss will be awarded on the crop until the fifth day after the previous damage.

(e) the insured producer shall be charged the regular maximum rate for insurance on the sound portion of the crop remaining after the first damage, and if the crop should later be totally destroyed, the producer will be paid the full amount of insurance as shown in the policy.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-201 and 80-2-203, MCA
History: NEW, 1988 MAR p. 267, Eff 2/12/88.

Mont. Admin. R. 4.4.318 Paying 100% When the Loss Shows at Least 90% or Above Actual Loss

(1) The State Hail Insurance Program will pay the producer 100% of the payable amount when the adjuster shows by count that the loss is 90% or above.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-201, 80-2-244, MCA
History: NEW, 1988 MAR p. 267, Eff. 2/12/88; AMD, 2017 MAR p. 437, Eff. 4/15/17.

Mont. Admin. R. 4.4.319 Disputed Appraisal

(1) If a party files a claim and is dissatisfied with the final determination of the adjustment, the party may appeal the determination pursuant to 80-2-201 and 80-2-243 , MCA.

(2) In the case where another insurance company is involved, the board reserves the right to make its own adjustment or have the final say in the settlement of the portion involving state hail insurance.

History

Authorizing statute(s): 80-2-201, MCA
Implementing statute(s): 80-2-201 and 80-2-243, MCA
History: NEW, 1988 MAR p. 267, Eff. 2/12/88; AMD, 2004 MAR p. 565, Eff. 3/12/04.

Chapter 4.5 Noxious Weed Management

Subchapter 4.5.1 Noxious Weed Trust Fund

Mont. Admin. R. 4.5.101 Definitions

When used in these rules, unless a different meaning clearly appears from the context:

(1) "Department" means the department of agriculture provided for in 2-15-3001 , MCA.

(2) "Weed management" or "control" means the planning and implementation of a coordinated program for the containment, suppression, and where possible, eradication of noxious weeds.

(3) "Advisory council" means the noxious weed management advisory council provided for in 80-7-805 , MCA.

(4) "Project" means a planned undertaking which involves one or more renewable resources at an identified site or geographic location in Montana.

(5) "Project sponsor" means the local state or national organization, either public or private, supporting a project.

(6) "Renewable resource" means all land used for domestic livestock grazing, timber, or crop production, recreation, or wildlife and all water resources.

(7) "Public benefits" means those benefits that accrue to persons other than the grant recipient and enhance the common well-being of the people of Montana.

(8) "Tangible returns" means either monetary or non-monetary returns that will accrue to the state.

(9) "Community group" means three or more private landowners or federal, state, or local entities working together to control noxious weeds.

(10) "Noxious weed emergency" means a new and potentially harmful noxious weed growing in the state that has been verified by the department and declared an emergency as provided for in 80-7-815 , MCA.

History

Authorizing statute(s): Sec. 80-7-802, MCA
Implementing statute(s): Sec. 80-7-801 & 80-7-811, MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86.

Mont. Admin. R. 4.5.102 Application Procedure

(1) The department will specify funding cycles and application deadlines as necessary.

(2) The department may return an insufficient or incomplete proposal for correction or completion. The department may provide the applicant with reasons for the proposal's return and a brief description of the information required in order to make the proposal correct or complete, or both. If these corrections or completions, or both, are not made, the proposal will not be evaluated.

(3) Proposals which more closely fit the legislative authority of another loan or grant program within state government will be referred to that program for review.

(4) The applicant may request assistance from the department in completing the application. The department will provide such assistance, the level of which will be determined by availability of staff and funds.

(5) Advisory council will review, rank and recommend proposed projects and funding according to the guidelines and criteria described in ARM 4.5.108. Advisory council recommendations will be submitted to the department for final review and determination of funding. The applicant will receive written notification from the department of the action taken on the proposal.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86; AMD, 1998 MAR p. 2472, Eff. 9/11/98.

Mont. Admin. R. 4.5.103 Application Content for Grants

All applications for grants shall contain:

(1) Name, address, and telephone number of the project sponsor, project manager and liaison (if different than manager) .

(2) Title or name of the proposed project.

(3) Location of proposed project.

(4) A brief description of the history and background of the project.

(5) A discussion of the need and urgency for the project and why it is best means to achieve the desired results.

(6) Objectives of the project and desired accomplishments.

(7) Discussion of the projects technical feasibility.

(8) Amount of money to be requested for a grant. A statement indicating the amount of funding available from other sources. If no other funding is available, the applicant must give the reasons.

(9) Proof, where appropriate, the applicant has the cooperation of all landholders within the project area including federal, state, and private entities.

(10) A statement indicating both public and tangible benefits which would accrue as a result of the proposed project.

(11) An evaluation of the project as required in ARM 4.5.105 and 4.5.106.

(12) A statement that the project sponsor, if the grant receives department approval, is willing to enter into a contract with the department for utilization of grant funds.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86.

Mont. Admin. R. 4.5.104 Technical, Feasibility of Projects

Technical data and information to be provided in the proposal shall include but is not limited to the following:

(1) A thorough discussion of the work plan including the purpose, location and schedule of major project phases.

(2) A listing of herbicides, biological control agents, or cultural methods used for weed control within the project area, where appropriate. This description may include prior field investigations and research information to support the proposal.

(3) Educational programs that will be conducted in conjunction with the project to increase weed awareness and improve weed control techniques of county residents.

(4) Maps, drawings, charts, tables, etc., used as a basis for project planning and implementation.

(5) A map showing land ownership associated with the project; and

(6) Description of other management alternatives and applicants consideration of those alternatives.

(7) The department may request any additional information deemed necessary to document technical

feasibility.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86.

Mont. Admin. R. 4.5.105 Project Evaluation

(1) All project sponsors shall document the results of the project and the impact on the state and/or renewable resource. The amount of information required for evaluation of the technical, economic, environmental, financial and other factors may vary depending on the size and complexity of the project. The department may advise the applicant of the amount of documentation and evaluation necessary.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86.

Mont. Admin. R. 4.5.106 Economic Assessment of Projects

(1) The projects which receive funding shall demonstrate tangible return to the state of Montana or its citizens.

(2) The applicant shall document current benefit and cost data.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86.

Mont. Admin. R. 4.5.107 Legal Requirements

(1) The applicant is required to follow all statutory and regulatory standards.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86.

Mont. Admin. R. 4.5.108 Evaluation of Projects

(1) The advisory council shall review and rank all projects as high, medium or low and by majority vote recommend to the department those projects which meet appropriate criteria for the project and the program.

(2) The advisory council shall consider the following criteria in recommending projects for funding:

(a) Projects which meet requirements specified in 80-7-814 , MCA, of the Noxious Weed Trust Fund Act.

(b) Projects that involve community groups, weed districts, reservations or conservation districts.

(d) Projects in areas where county weed district funding sources for noxious weed control are limited.

(e) Projects which include educational programs to increase weed awareness and improve weed control techniques.

(f) Projects which involve an integrated weed management plan including biological, cultural, and chemical control.

(g) Projects which will enhance the renewable resources.

(h) Projects which include matching funds (including in-kind services) from private, state, and/or federal entities.

(i) Projects which have not previously received funds from the program.

(j) Projects whose results will provide public benefits.

(k) Projects with a long term effect on natural resources.

(l) Projects which involve noxious weed emergencies.

(3) The advisory council evaluations and recommendations will be submitted to the department for final review and determination of funding for grant requests.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86; AMD, 1998 MAR p. 2472, Eff. 9/11/98.

Mont. Admin. R. 4.5.109 Reporting and Monitoring Procedures

(1) The project sponsor or project manager shall monitor the progress and results of the project and evaluate its overall effectiveness. The project sponsor shall submit to the department fiscal reports and written progress reports as determined by contract. If the department determines through field or office evaluations that improper progress or fiscal reports have been filed, the project sponsor shall initiate necessary corrective action.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): Sec. 80-7-814 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86; AMD, 1992 MAR p. 1861, Eff. 8/28/92; AMD, 1997 MAR p. 974, Eff. 7/22/97.

Mont. Admin. R. 4.5.111 Noxious Weed Identification and Verification

(1) The department will identify new and potentially harmful noxious weeds based on characteristics which make the plant undesirable, troublesome, and/or difficult to control in cropland, rangeland, forestry, industrial, recreational or non-crop sites.

(2) The department shall verify the existence of a noxious weed in Montana using any one or a combination of methods set forth below:

(a) Verification of location of the infestation based on herbarium records.

(b) Scientific identification of the plant by a botanist or weed scientist and by the concurrence of another botanist or weed scientist, or

(c) Submission of a plant by any person which is scientifically identified by the scientists of the Montana state university or university of Montana herbarium.

History

Authorizing statute(s): Sec. 80-7-802 MCA
Implementing statute(s): 80-7-815 MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86; AMD, 1998 MAR p. 2472, Eff. 9/11/98.

Mont. Admin. R. 4.5.112 Noxious Weed Management Council

(1) The members of the Noxious Weed Management Advisory Council appointed by the director serve two-year terms.

History

Authorizing statute(s): 80-7-802, MCA
Implementing statute(s): 80-7-805, MCA
History: NEW, 1986 MAR p. 651, Eff. 4/25/86; AMD, 1992 MAR p. 1861, Eff. 8/28/92; AMD, 1997 MAR p. 974, Eff. 7/22/97; AMD, 2013 MAR p.1176, Eff. 7/12/13.

Subchapter 4.5.2 Designation of Noxious Weeds

Mont. Admin. R. 4.5.201 Designation of Noxious Weeds

(1) The department designates certain exotic plants listed in these rules as statewide noxious weeds under the County Weed Control Act 7-22-2101(5), MCA. All counties must implement management standards for these noxious weeds consistent with weed management criteria developed under 7-22-2109(2)(b), MCA of the Act.

History

Authorizing statute(s): 7-22-2101, MCA
Implementing statute(s): 7-22-2101, MCA
History: NEW, 1986 MAR p. 337, Eff. 3/14/86; AMD, 1991 MAR p. 511, Eff. 4/26/91; AMD, 2008 MAR p. 563, Eff. 3/28/08.

Mont. Admin. R. 4.5.206 Priority 1a

(1) These weeds are not present or have a very limited presence in Montana. Management criteria will require eradication if detected, education, and prevention:

(a) Yellow starthistle (Centaurea solstitialis);

(b) Dyer’s woad (Isatis tinctoria);

(d) Medusahead (Taeniatherum caput-medusae).

History

Authorizing statute(s): 80-7-802, MCA
Implementing statute(s): 7-22-2101, MCA
History: NEW, 2010 MAR p. 217, Eff. 1/29/10; AMD, 2013 MAR p. 2419, Eff. 12/27/13; AMD, 2015 MAR p. 1042, Eff. 7/31/15; AMD, 2017 MAR p. 185, Eff. 2/4/17.

Mont. Admin. R. 4.5.207 Priority 1b

(1) These weeds have limited presence in Montana. Management criteria will require eradication or containment and education:

(a) Knotweed complex (Polygonum cuspidatumˌ P. sachalinenseˌ P. × bohemicumˌ Fallopia japonicaˌ F. sachalinensisˌ F. × bohemicaˌ Reynoutria japonicaˌ R. sachalinensisˌ and R.× bohemica);

(b) Purple loosestrife (Lythrum salicaria);

(d) Scotch broom (Cytisus scoparius); and

(e) Blueweed (Echium vulgare).

History

Authorizing statute(s): 80-7-802, MCA
Implementing statute(s): 7-22-2101, MCA
History: NEW, 2010 MAR p. 217, Eff. 1/29/10; AMD, 2013 MAR p. 2419, Eff. 12/27/13; AMD, 2017 MAR p. 185, Eff. 2/4/17.

Mont. Admin. R. 4.5.208 Priority 2a

(1) These weeds are common in isolated areas of Montana. Management criteria will require eradication or containment of these weeds where less abundant. Management shall be prioritized by local weed districts:

(a) Tansy ragwort (Senecio jacobaeaˌ Jacobaea vulgaris);

(b) Meadow hawkweed complex (Hieracium caespitosumˌ H. praealtumˌ H. floridundumˌ and Pilosella caespitosa);

(d) Tall buttercup (Ranunculus acris);

(e) Perennial pepperweed (Lepidium latifolium);

(f) Yellowflag iris (Iris pseudacorus);

(g) Eurasian watermilfoil complex (Myriophyllum spicatum and M. sibericum);

(h) Flowering rush (Butomus umbellatus);

(i) Common buckthorn (Rhamnus cathartica); and

(j) Ventenata (Ventenata dubia).

History

Authorizing statute(s): 80-7-802, MCA
Implementing statute(s): 7-22-2101, MCA
History: NEW, 2010 MAR p. 217, Eff. 1/29/10; AMD, 2013 MAR p. 2419, Eff. 12/27/13; AMD, 2015 MAR p. 1042, Eff. 7/31/15; AMD, 2017 MAR p. 185, Eff. 2/4/17; AMD, 2019 MAR p. 825, Eff. 6/22/19.

Mont. Admin. R. 4.5.209 Priority 2b

(1) These weeds are abundant in Montana and widespread in many counties. Management criteria will require eradication or containment of these weeds where less abundant. Management shall be prioritized by local weed districts:

(a) Canada thistle (Cirsium arvense);

(b) Field bindweed (Convolvulus arvensis);

(d) Whitetop (Cardaria drabaˌ Lepidium draba);

(e) Russian knapweed (Acroptilon repensˌ Rhaponticum repens);

(f) Spotted knapweed (Centaurea stoebe, C. maculosa);

(g) Diffuse knapweed (Centaurea diffusa);

(h) Dalmatian toadflax (Linaria dalmatica);

(i) St. Johnswort (Hypericum perforatum);

(j) Sulfur cinquefoil (Potentilla recta);

(k) Common tansy (Tanacetum vulgare);

(l) Oxeye daisy (Leucanthemum vulgare);

(m) Houndstongue (Cynoglossum officinale);

(n) Yellow toadflax (Linaria vulgaris);

(o) Saltcedar (Tamarix spp.);

(p) Curlyleaf pondweed (Potamogeton crispus); and

(q) Hoary alyssum (Berteroa incana).

History

Authorizing statute(s): 80-7-802, MCA
Implementing statute(s): 7-22-2101, MCA
History: NEW, 2010 MAR p. 217, Eff. 1/29/10; AMD, 2013 MAR p. 2419, Eff. 12/27/13; AMD, 2015 MAR p. 1042, Eff. 7/31/15.

Mont. Admin. R. 4.5.210 Priority 3 Regulated Plants (not Montana Listed Noxious Weeds)

(1) These regulated plants have the potential to have significant negative impacts. The plant may not be intentionally spread or sold other than as a contaminant in agricultural products. The state recommends research, education, and prevention to minimize the spread of the regulated plant:

(a) Cheatgrass (Bromus tectorum);

(b) Hydrilla (Hydrilla verticillata);

(d) Brazilian waterweed (Egeria densa); and

(e) Parrot feather watermilfoil (Myriophyllum aquaticum or M. brasiliense).

History

Authorizing statute(s): 80-7-802, MCA
Implementing statute(s): 7-22-2101, MCA
History: NEW, 2010 MAR p. 217, Eff. 1/29/10; AMD, 2010 MAR p. 1985, Eff. 9/10/10; AMD, 2015 MAR p. 1042, Eff. 7/31/15.

Subchapter 4.5.3 Noxious Weed Seed Free Forage

Mont. Admin. R. 4.5.301 Purpose and Scope

(1) The 1995 Montana legislature, upon finding that the movement of agricultural crops containing noxious weed seeds, as livestock forage, bedding, mulch, pellets, cubes, grain concentrates and related material was causing new and expanding noxious weed infestations, authorized and directed the Montana Department of Agriculture to implement the Noxious Weed Seed Free Forage Act and to adopt all necessary rules for the exercise of its power under that act.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04.

Mont. Admin. R. 4.5.302 Definition of Terms

These definitions apply to all rules adopted under the Montana Noxious Weed Seed Free Forage Act, Title 80, chapter 7, part 9, MCA:

(1) "Agent" means a person who is authorized or employed by the department and is certified by the department to conduct activities under the Montana Noxious Weed Seed Free Forage Act.

(2) "Board" means a district weed board created under 7-22-2103, MCA.

(3) "Cubes and other processed forage products (physical form) " means forage harvested from a certified field that is compacted into large pellets.

(4) "Field unit" means the part of a field that may be certified or which has been certified.

(5) "Grain concentrate" means a grain product which includes but is not limited to whole grains, intended for livestock consumption that has been cleaned of noxious weed seeds by an approved process, inspected by an agent, and identified under a department-approved process as "Montana NWSFF certified".

(6) "Montana certified forage" means forage products from fields that meet Montana's forage certification standards and are approved by an agent; or grain concentrates, processed pellets, cubes and other forage products that meet the requirements of ARM 4.5.306(2) through (8) .

(7) "Pellets and other processed forage products (physical form) " means agglomerated feed formed by compacting and forcing through die openings by a mechanical process. If temperature is not used in the process, the forage must be from a certified field.

(8) "Restricted area" means an area designated by an agency, group or person that requires the use of noxious weed seed free forage.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-903, 80-7-905, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 1998 MAR p. 2260, Eff. 8/28/98; AMD, 2004 MAR p. 311, Eff. 2/13/04.

Mont. Admin. R. 4.5.303 Noxious Weeds

(1) The Montana noxious weed seed free forage (NWSFF) certification program includes the noxious weeds set forth in ARM 4.5.206, 4.5.207, 4.5.208, and 4.5.209, authorized by 7-22-2101(7)(a)(i), MCA.

(2) The regional forage certification program includes additional noxious weeds that have been so designated by other states and provinces. The department may enter into agreements with other states and/or provinces which will allow forage to be certified on a regional basis.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-903, 80-7-905, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.5.304 Application for Montana Certification of Noxious Weed Seed Free Forage

(1) A person shall make application for NWSFF certification of a forage crop annually. The application shall be made with the department agent in the county in which the person resides or in the county in which the person owns or leases land on which forage will be produced. This request for application may be made by telephone, fax, in person or in writing.

(2) The agent is responsible for completing the top of the inspection form (or the agent may allow the producer to complete) with the following applicant information:

(a) date annual application received;

(b) producer name and address, including zip code;

(d) producer identification number;

(i) the producer identification number shall include the following, in the order stated, state, county, producer number and year forage harvested;

(e) estimate of acres to be inspected;

(f) general description of the field and/or legal description.

(3) An application fee is not required.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-903, 80-7-905, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96.

Mont. Admin. R. 4.5.305 Standard Range of Tolerances for Noxious Weed Seeds

(1) The tolerance for noxious weed seeds in noxious weed seed free forage is zero for the weeds defined in 7-22-2101(7) (a) (i) , MCA.

(a) For field forage this means that an agent found no noxious weed plants with viable weed seeds present in the field unit at the time of inspection; or that an agent found no noxious weed plants capable of producing viable weed seeds present in the field unit at the time of inspection when following the standard inspection procedures.

(b) For pellets this means that the pellets are free of viable noxious weed seeds or the pellets are greater than 99% free of viable noxious weed seeds.

(c) For cubes and related materials this means that the field forage used to produce the cubes or related materials meet the standards expressed in (1) (a) above.

(d) For grain concentrates cleaned and sampled by a department-approved process, this means presence of noxious weed seeds was not detected.

(2) For purposes of these rules, the department's certification represents the condition of the field forage at the time of certification. Further cautionary restrictions with respect to pelleting, cubing or related processes, storage and transportation are imposed in these rules to help preserve that certification. However, the rules do not intend or provide for any further visual or other inspection of the certified forage after the point of initial certification, other than that which may occur as a result of enforcement or other related activity.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-903, 80-7-905, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04.

Mont. Admin. R. 4.5.306 Procedures for Montana Certification of Forage Products (grain Concentrates - Pellets - Cubes - Other)

(1) A person desiring to certify processed feed products as noxious weed seed free must make an annual application on the department's application form. The application shall be valid from the date of issuance through December 31 of that calendar year.

(a) Applications for certification of mechanically cleaned grain concentrates must describe the method of cleaning to remove noxious weed seed. The method must be approved by the department.

(2) Persons desiring to certify processed pellets must meet the following criteria:

(a) Equipment is cleaned of any noxious weed seeds prior to processing forage for certification. Cleaning the entire feed manufacturing system through the bagging operation or bulk bins is required to prevent contamination of pellets for certification. A minimum of 500 pounds of the feed to be certified must pass through the system including the pelleter to purge the system. The feed used to purge the system will not be certified.

(b) The forage must be pelleted following the standard pelleting process.

(d) The forage pellets must be reground with a number six (6/64 inch) screen or smaller.

(e) The forage material from (2) (d) must be repelleted using steam and temperature in the process. The temperature of the pellets extruded from the die shall be greater than 140° F.

(3) Equivalent pelleting procedures: Any person may apply for department approval of an alternative procedure for pelleting certified forage. The application shall include:

(a) A complete narrative description of the procedure.

(b) Independent laboratory study that demonstrates that the process is as effective as the process in this rule.

(d) The department may deny or grant approval of the request based upon the information received from the applicant and from data and information from other sources. The department may also withdraw its approval should investigations or future studies reveal the procedure is not equivalent to accepted procedures.

(4) A person desiring to certify cubes or other forage products must ensure that:

(a) All constituents be processed from certified forage meeting Montana certification standards.

(b) Equipment is cleaned of any noxious weed seeds prior to processing forage for certification. A minimum of 500 pounds of certified forage must be purged and cleaned through the entire system (from cubing to bagging or bulk storage) prior to processing cubes or other forage products. The 500 pounds of forage used to eliminate any noxious weed seeds will not be certified.

(5) A person desiring to certify grain concentrates coming from noncertified fields must meet the following requirements:

(a) an annual production plant inspection must be performed by an agent;

(b) samples will be taken by an agent and sent to the Montana state seed laboratory or an alternate facility designated by the department to determine if the product meets NWSFF standards of zero tolerance. The sampling procedure will follow the procedure and the minimum amount required for seed testing as prescribed by the Association of Official Seed Analysis, "2003 Rules For Testing Seeds" which is adopted and incorporated by reference, and can be obtained from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201; and

(c) at the conclusion of the inspection/sampling/analysis process, those lots of grain concentrate meeting criteria for certification will be certified. The department will provide:

(i) an invoice for the inspection fees;

(ii) appropriate markers; and

(iii) transportation certificates.

(6) To enforce this chapter, the department upon presenting appropriate credentials may enter, at reasonable times or under emergency conditions, any factory, warehouse, or establishment within the state in which grain concentrates, pellets, cubes and other forage products are manufactured, processed, packed, distributed, or held, or enter any vehicle being used to transport or hold such products. The department may inspect, obtain samples and examine records at reasonable times and within reasonable limits and in reasonable manner any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling found in them.

(7) Grain concentrates, cubes and pellets shipped into the state as noxious weed seed free must meet all of Montana's NWSFF certification requirements.

(8) Any person may request Montana certification of their grain concentrate, pellets, cubes or other forage produced out-of-state from the department. The department may enter into agreements with other state departments of agriculture or appropriate state agencies or provincial governments to verify that the grain concentrate, pellets, cubes or other forage meet Montana NWSFF certification standards. The agreements may specify the types of identification markers and/or transportation certificates that are acceptable.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-905, 80-7-906, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04.

Mont. Admin. R. 4.5.307 Forage Inspection Procedures

(1) The following procedures and processes will be required for field unit NWSFF certification:

(a) When a portion of a field is to be certified, this portion must be plainly marked or separated by a mowed strip or flagged at least 12 feet wide, to avoid cutting and mixing the certified and uncertified portion at harvest.

(b) Field units must include surrounding ditches, fence rows, roads, easements, rights-of-way and buffer zones of a minimum of 12 feet surrounding the outside edges of a field.

(c) If the field unit is certified for straw the seed that is harvested from that field unit may be considered for certification.

(2) Areas such as stack yards, storage sheds and/or bins, shall be inspected at the same time as the field and/or fields prior to stacking or filling them with certified forage. These areas shall be free of noxious weeds and/or noxious weed seeds. Contaminated storage areas will not be approved for storage of certified forage or the certification shall be cancelled if the area is contaminated with noxious weeds and/or noxious weed seeds.

(3) Harvested lots of certified forage from inspected fields may be tested or inspected at any time during normal business hours by an agent or the department. Evidence that any lot of certified forage has not been protected from contamination or is not properly identified or separated will be cause for certification cancellation.

(4) The producer is responsible for notifying the agent at least seven days in advance of harvest to allow inspections to be completed.

(5) Field inspection must be made within seven days prior to harvest.

(a) For fields to be certified for straw only, notification and field inspections may be made up to two weeks before harvest.

(6) Fields that have been cut or harvested prior to inspection are ineligible for certification.

(7) Forms shall be completed by the agent at the time of inspection of each field unit. At the conclusion of the inspection the producer will be provided an invoice for the inspection fees and, if applicable, markers.

(8) Baling equipment must be cleaned of any noxious weed seeds prior to harvesting certified forage. If this is not possible the first three small square bales or the first large round or square bale produced shall be considered noncertified and will not be included as a part of a field unit's certified forage.

(9) Combining equipment is to be cleaned of any noxious weed seed prior to harvesting the certified whole grain field(s) .

(10) Fields that appear weedy or show poor crop practices, even though noxious weeds are not present, should not be certified under the certification standards. The local agent will document the problems and has the discretion to make this judgment. A producer can challenge this decision and petition the department to assign another agent to reinspect the field.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-905, 80-7-906, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 1998 MAR p. 2260, Eff. 8/28/98.

Mont. Admin. R. 4.5.308 Forage Identification and Transportation

(1) Identification of field grown forage includes the following:

(a) Bales must be identified individually using a department issued identification marker. A completed transportation certificate is required and must specify whether the forage was inspected for Montana or regional noxious weeds.

(b) If colored baler twine is used for marking, only one strand of the colored twine is required per bale.

(c) The producer shall make all reasonable efforts to ensure the certified forage is not contaminated with noxious weed seeds from the time of harvest and storage including delivery to the buyer.

(2) Forage identification markers and transportation certificates will be sold and distributed by the department or its agents.

(3) A noxious weed seed free forage product transportation certificate issued and numbered by the department must contain the following:

(a) a statement that this forage meets the criteria set by the Montana Noxious Weed Seed Free Forage Act;

(b) name of the producer;

(d) name and address of buyer;

(e) type of forage;

(f) identification marker (tags, colored baler twine, and labels);

(g) security tie with a unique identification number;

(h) number of bales by type or tonnage or weight of grain concentrate, pellets or other forage product;

(i) date of sale;

(j) seller's signature;

(k) vehicle operator or driver's signature; this must be signed upon receipt of forage; and

(l) a statement that the forage meets Montana or regional certification standards.

(4) All baled forage sold by a producer to a second party (such as a retail outlet) for resale must be accompanied by the original transportation certificate. The second party (or retail outlet) will photocopy the original transportation certificate and provide this photocopy plus a receipt to third party buyers of the baled forage. Third party buyers must have the photocopy of the transportation certificate and the receipt (to show where the forage was purchased) in their possession when they are transporting or storing forage in a restricted area.

(5) Identification of forage that has been pelleted or cubed or other related products shall include the following:

(a) Certified grain concentrates, pellets, cubes or other forage byproducts must have a separate label attached showing proof of certification of the contents with the following statement: "MONTANA CERTIFIED Noxious Weed Seed Free Forage NOTE: Certification means this product has been inspected by an agent of the MT NWSFF program using recognized inspection methods and no noxious weed seed was detected."

(b) For out-of-state pelleted, cubed or grain concentrate products the label on the product must be in compliance with Montana's standards for Noxious Weed Seed Free Forage. Montana may enter into reciprocal agreements with other states, agencies, and/or provinces that will identify the certification procedures to be used.

(c) All identification labels for grain concentrates, pellets, cubes or other forage products manufactured in Montana must be obtained from the department.

(d) Transportation of bulk loads of certified grain concentrates and pelleted and cubed materials must be secured with a security tie having a unique identifier once loaded and remain unaltered or unbroken during transit. If bulk materials are intended to be delivered to multiple destinations, a security tie is required between delivery sites. Security ties are to be used in conjunction with required markers and transportation certificates.

(6) It is the responsibility of each producer to make sure that all certified NWSFF sold under the program is properly labeled and identified with transportation certificates before it leaves the premises.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-905, 80-7-906, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 1998 MAR p. 2260, Eff. 8/28/98; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2015 MAR p. 1479, Eff. 9/25/15.

Mont. Admin. R. 4.5.309 Certification of Agents

(1) Each person desiring to be an agent must be trained and certified according to department standards.

(2) The following are minimum requirements for initial certification:

(a) field inspection techniques and procedures;

(b) map reading;

(i) burning;

(ii) mowing, cutting or rogueing;

(iii) mechanical methods;

(iv) chemicals;

(d) forms used;

(e) state and regional certification standards and guidelines;

(f) state and regional noxious and poisonous weed identification and training;

(g) certify with a written examination score of 80% or better.

(3) Agents participating in the NWSFF program will receive an annual recertification packet containing:

(a) any changes or additions to the NWSFF law and rules and/or general program;

(b) any changes or additions to the Montana noxious weed list;

(d) regional program changes and issues; and

(e) an identification card to be used in the current season.

(4) Agents certifying grain concentrates from noncertified fields must be trained department inspectors familiar with grain sampling procedures.

(5) If an agent intentionally falsifies the certificate of an inspection, that agent will lose certification status.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-905, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 1998 MAR p. 2260, Eff. 8/28/98; AMD, 2004 MAR p. 311, Eff. 2/13/04.

Mont. Admin. R. 4.5.310 Stop Sale, Use, or Removal Order

(1) When the department has reasonable cause to believe any lot of certified NWSFF is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written order requiring the person holding the forage not to sell, use or remove it in any manner until written permission is given by the department. The department shall release the order when the provisions of the act and rules have been met. If compliance is not obtained within 30 days, the department may begin proceedings for condemnation. The disposition of the forage may not be ordered by the department without first giving the owner or person from whom the forage was seized an opportunity to apply to the department for release of the forage or for permission to process or bring it into compliance with this chapter, and an opportunity to contest any such order under the provisions of 80-7-910(2) , MCA.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-911, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96.

Mont. Admin. R. 4.5.311 Notification Requirements - County Embargo

(1) The board or their authorized representative shall, as required by 7-22-2126(4) , MCA, notify the department of all embargoes issued and the final resolution within 48 hours of any embargo imposed. The notification to the department on issuance of a county embargo shall include the following items:

(a) date and time of the embargo;

(b) parties involved including name, address and telephone number;

(d) the location of the embargoed forage;

(e) volume and description of forage;

(f) the type of violation; and

(g) a copy of the embargo.

(h) The notification may be accomplished by a telephone call, followed up in writing.

(2) The notification to the department on final resolution shall include;

(a) date of resolution;

(b) identification of the embargo issued;

(d) The notification may be accomplished by a telephone call, followed up in writing.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-909, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96.

Mont. Admin. R. 4.5.312 Collection of Fees

(1) The procedures to be followed by an agent employed by a governmental agency include:

(a) collection of fees and deposition of fees in an appropriate government account;

(b) a record of the name of the government agent collecting the fees;

(d) a record of names of each producer and documentation of the fee paid;

(e) a record of the amounts submitted to the department;

(f) a record of the amount retained by the agent's governmental agency; and

(g) all records be kept in accordance with generally accepted accounting principles.

(h) The agent shall submit at the conclusion of the season complete information on the collection, deposit and disbursement of fees as set forth above including the name of the government account where the fees were deposited.

(i) Fees collected and deposited in a government agency account may be used to support any activity or expense associated with the NWSFF program in that county.

(2) The procedures to be followed by a nongovernment agent include:

(a) deposition of all fees in a department approved account in a local financial institution; or submission of all fees directly to the department. The method of deposit will be determined by the department on a case by case basis;

(b) submission of records to the department at the time of deposit or submission of fees;

(i) a record of the name of the nongovernment agent collecting the fees;

(ii) a record of total fees collected;

(iii) a list of producers and the fees paid;

(d) the department will issue the nongovernment agent payment for services rendered.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-905, 80-7-908, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96.

Mont. Admin. R. 4.5.313 Fees

(1) A field inspection fee of $4.50 per acre or a $45 minimum charge per field for forage inspection will be charged to the person for whom the forage was inspected. State mileage and per diem rates may also be assessed by the department or its agents.

(2) Fees charged are payable to the department or its agent:

(a) at the time of inspection; or

(b) by special arrangement made for payment through a written agreement with the department or its agent.

(c) If additional inspections are required because of weather operation delays or other related problems, the discretion of whether to charge an additional inspection fee will be left to the department or its agent.

(3) Agents must submit a copy of the department completed inspection form and submit $2.25 per acre or $22.50 minimum inspection fee, whichever is greater, by September 15 of each year to ensure that the persons producing certified forage will be included on the NWSFF producer list.

(4) If the fee is not paid or a person improperly pays any fee or assessment under the provisions of 80-7-921, MCA, the department or its agent will not provide further services.

(5) An inspection fee of $44.00 per hour or an $88.00 minimum charge per facility per inspection will be charged to manufacturers of certified processed pellets using noncertified forage in the process and certified grain concentrates harvested from noncertified fields that are mechanically cleaned of noxious weed seed. State mileage, per diem, and lodging may also be assessed by the department or its agents when conducting in-state facility inspections. Actual costs associated with out-of-state facility inspections will be assessed by the department or its agents. Costs may include, but are not limited to, airfare, vehicle rental, state mileage, per diem, and lodging. The manufacturer shall document the tons of grain concentrate or pellets processed and submit the document to the department on or before January 30 for the previous year's production.

(6) A record of grain concentrates or the pellets produced from noncertified forage shall be retained for two years.

(7) The cost for grain concentrate analysis shall be paid by the manufacturer. The product marker (label) will be provided by the department.

(8) Only product markers provided by the department or its agents may be used. Fees for markers are as follows:

(a) Twine will be $50/unit;

(b) Tags will be $0.50/tag;

(d) Labels for in-state grain concentrates, pellets, and cubes made from certified noxious weed seed free materials that have already been assessed field inspection fees specified in ARM 4.5.313(1), will be:

(i) $0.15/adhesive label; or

(ii) $0.25/weather and tear resistant sewn-in label;

(e) Labels for in-state bulk grain concentrates, pellets, and cubes will be $0.20/50 pounds; and

(f) Ties will be provided by the department at no cost.

History

Authorizing statute(s): 80-7-907, MCA
Implementing statute(s): 80-7-905, 80-7-907, 80-7-908, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2006 MAR p. 1246, Eff. 5/19/06; AMD, 2013 MAR p. 2071, Eff. 11/15/13; AMD, 2014 MAR p. 499, Eff. 3/14/14; AMD, 2015 MAR p. 1479, Eff. 9/25/15.

Mont. Admin. R. 4.5.314 Contracts

(1) The department may enter into contracts with organizations to conduct specific forage certification activities. These contracts may identify issues, such as time of collection of fees and deposition of fees, that are unique to that organization. The standard fees for inspections are set forth in ARM 4.5.315.

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-905, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96.

Mont. Admin. R. 4.5.315 Identification of Product and Package Types

(1) The following identification information will be used by agents when completing reporting forms:

(a) Product forage types

(i) Alfalfa

(ii) Alfalfa/grass

(iii) Grass

(iv) Straw

(v) Grain/barley

(vi) Grain/oats

(vii) Sanfoin

(viii) Other forage (agent must describe)

(b) Package type

(i) Small rectangular bales

(ii) Large rectangular

(iii) Large round bales

(iv) Small round bales

(v) Cubes

(vi) Pellets

(vii) Loose forage

(viii) Silage

(ix) Grain concentrate

(x) Other packages (agent must describe)

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-905, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2006 MAR p. 1246, Eff. 5/19/06.

Mont. Admin. R. 4.5.316 Civil Penalties

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 7, part 9, MCA, or any adopted rule thereunder has occurred, it may initiate a civil penalty action pursuant to the Montana Administrative Procedure Act.

(2) Each violation shall be considered a separate offense and is subject to a separate penalty not to exceed $1,000. A repeat violation shall be considered a first violation if it occurred three or more years after the previous violation.

(3) The penalty matrix set forth in this rule establishes the basic penalty value for each offense. Factors dealing with the violation may causes the matrix penalty to increase or decrease. Examples of such factors would be the person's history of compliance or noncompliance or the extent of the person's actions to sell forage or designate or imply forage as being certified when it does not meet state certification requirements.

(4) Penalty matrix:

Type of violation: | 1st Offense | 2nd Offense | 3rd Offense (a) Violate any lawful order, stop sale, use or removal order; or condemnation action; | $250 | $500 | $1,000 (b) to certify or sell or advertise as certified, as noxious weed seed free any forage as free from noxious weed seed within the state, unless forage is identified under a department approved process of certification; | $250 | $500 | $1,000 (c) to transport into, offer for sale, sell or use forage as noxious weed seed free, from another state, province, or country, unless the forage meets state certification standards or is allowed by an agreement between the department and another government agency; | $250 | $500 | $1,000 (d) for a public utility or a local, county, state or federal agency to use forage products that have not been certified which may include but are not limited to: mulches, bedding materials and erosion control barriers; | $250 | $500 | $1,000 (e) for public utilities, local, county, state or federal agencies to use seed for reclamation purposes that is not free of noxious weed seeds and certified according to Title 80, chapter 5, MCA; | $250 | $500 | $1,000 (f) to improperly pay any application or certification fee or refuse to pay for any inspection fees or department approved identification markers; | $ 250 | $500 | $1,000 (g) for an agent to falsify a certificate of inspection; | $250 | $500 | $1,000 (h) for an agent to improperly deposit, collect or use any certificate or inspection fees or fail to document and submit any required records to the department; | $250 | $500 | $1,000 (i) to transport certified forage in a restricted area without a transportation certificate or identification markers; | $250 | $500 | $1,000 (j) to falsify or alter a transportation certificate; | $250 | $500 | $1,000 (k) for an agent to violate any provisions of a contract with the department. | $250 | $500 | $1,000

History

Authorizing statute(s): 80-7-909, MCA
Implementing statute(s): 80-7-922, MCA
History: NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 1998 MAR p. 2260, Eff. 8/28/98.

Subchapter 4.5.4 Noxious Weed Free Materials

Mont. Admin. R. 4.5.401 Purpose and Scope

(1) The Department of Agriculture develops standards and good practices for materials other than feed to prevent the spread of noxious weeds and other invasive organisms.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.402 Terms and Definitions

(1) "Board" means a district weed board created under 7-22-2103, MCA.

(2) "Buffer area" means a weed free area maintained around the perimeter of a site.

(3) "Gravel" means small stones or pebbles, or a mixture of these with sand, stone, and gravel as well as recycled concrete and asphalt materials.

(4) "Inspector" means a person who is authorized or employed by the department and is certified by the department to conduct activities under the Certified Weed Free Materials Act.

(5) "Material" means natural materials such as bark, compost, wood chippings, leaves/needles, vegetation, grass, or straw, and those synthetic materials that are included on the United State Department of Agriculture, Agricultural Marketing Service national list of allowed and prohibited substances.

(6) "Montana certified material" means products from sites that meet Montana's weed free certification standards and are approved by an agent.

(7) "Mulch" means any material or mix of materials that consists of a combination of vegetation and/or synthetic products that are manufactured as a whole and that are used for temperature, moisture, and/or erosion control, weed suppression, or aesthetic purposes, and are applied solely as a surface treatment.

(8) "Regulated area" means an area designated by an agency, group, or person that requires the use of noxious weed seed free material.

(9) "Site" means a single area where material is stored, harvested, or produced prior to being transported to where it will be utilized as a surface treatment.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.403 Noxious Weeds

(1) The Montana Noxious Weed Free Materials Certification Program includes the noxious weeds set forth in ARM 4.5.206 through 4.5.210, authorized by 7-22-2101(7)(a)(i), MCA.

(2) The regional weed free certification program includes additional noxious weeds that have been so designated by other states and provinces.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.404 Standard Range of Tolerances for Noxious Weeds

(1) The tolerance for noxious weeds in noxious weed free material is zero for the weeds defined in 7-22-2101(7)(a)(i), MCA, and any other weed species prohibited by a regulated area.

(a) For a site, this means that an agent finds no noxious weed plants present in the site or established buffer area at the time of inspection following the standard inspection procedures.

(b) For mulch, gravel, and other materials this means that materials are 98% free of viable additional weeds following the standard inspection procedures.

(2) For purposes of these rules, the department's certification represents the condition of the site at the time of certification. Further cautionary restrictions with respect to processing, storage, and transportation are imposed in these rules to help preserve that certification. However, the rules do not intend or provide for any further visual or other inspection of the certified materials after the point of initial certification, other than that which may occur as a result of enforcement or other related activity.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.405 Manufacturing and Processing Facilities

(1) A person desiring to certify processed materials as noxious weed free must apply to the department before initial certification and/or for additional materials not previously approved.

(a) Applications for certification of materials must describe the method of cleaning to remove noxious weeds and propagative plant material. The method must follow industry standards and be approved by the department.

(b) Equipment must be cleaned of any noxious weeds prior to processing materials for certification. Cleaning the entire manufacturing system is required to prevent contamination of materials for certification.

(c) The department may deny or grant approval of the request based upon the information received from the applicant and from data and information from other sources. The department may also withdraw its approval should investigations or future studies reveal the procedure is not equivalent to accepted procedures.

(2) Any person may request Montana Noxious Weed Free Materials Certifications for materials produced out-of-state from the department.

(3) The manufacturer must document the amount (tons) of certified material processed in or shipped into Montana and submit documentation to the department on or before January 30 for the previous year's production.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.406 Inspection Procedures

(1) All requests for certified noxious weed materials are voluntary.

(2) A person can request inspection of noxious weed free materials annually. The request for inspection is made with the department or certified inspector in the county in which the site is located.

(3) The following procedures and processes are required for site and material noxious weed free certification:

(a) When a portion of a site is to be certified, this portion must be plainly marked or separated by a buffer area at least 12 feet wide, to avoid mixing the certified and uncertified portions.

(b) Sites must include surrounding ditches, fence rows, roads, easements, rights-of-way, and buffer zones of a minimum of 12 feet surrounding the outside edges of the certified site.

(4) Areas associated with the site, such as equipment used to move the material, storage areas and/or bins, are inspected at the same time as the site prior to stacking or filling them with certified material. These areas must be free of noxious weeds. Contaminated storage areas cannot be approved for storage of certified materials.

(5) Bulk or packaged certified materials may be tested or inspected at any time during normal business hours by an agent or the department. Evidence that any lot of certified material has not been protected from contamination or is not properly identified or separated will be cause for certification cancellation.

(6) Gravel, mulch, and other materials that have been sourced from an unknown and/or non-certified site are ineligible for certification unless manufactured or processed to meet requirements in ARM 4.5.405.

(7) Forms are completed by the inspector at the time of inspection of each site. At the conclusion of the inspection, the producer is provided an invoice for the inspection fees and, if applicable, markers.

(8) All equipment must be cleaned of any noxious weed prior to moving, packaging, or otherwise handling certified gravel, mulch, or materials.

(9) Site owners or managers must provide a copy of their county-approved noxious weed management plan.

(10) Gravel, mulch, other materials, and sites that appear weedy or show poor weed management practices, even though noxious weeds are not present, will not be certified under the certification standards. The local agent will document the problems and has the discretion to make this judgment. A producer can challenge this decision and petition the department to assign another agent to reinspect the field.

(11) Any site where a Priority 1A or 1B weed listed in ARM 4.5.206 and 4.5.207 is found or known to occur must implement mitigation strategies approved by the county weed district or department to produce certified materials. If Priority 1A or 1B weeds are present during an inspection, the site and materials are ineligible for certification until the following year.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.407 Material Identification and Transportation

(1) Identification of certified gravel, mulch, and other materials includes the following:

(a) Consumer packaging must be identified individually using a department-issued identification marker.

(b) The producer, business, or owner will make all reasonable efforts to ensure the certified gravel, mulch, or material is not contaminated with noxious weeds from the time of handling and storage, including delivery to the buyer.

(c) A separate label must be attached to provide proof of certification of the contents with the following statement: "MONTANA CERTIFIED Noxious Weed Free Material NOTE: Certification means this product has been inspected by an agent of the MT NWFM program using recognized inspection methods and no noxious weeds were detected at the time of inspection."

(d) Out-of-state products require label(s) on the product in compliance with Montana's standards for Noxious Weed Free Materials.

(e) All identification labels for certified materials from sites within Montana must be obtained from the department or its agents.

(2) A completed transportation certificate is required and must specify whether the gravel, mulch, or other material was inspected for Montana and/or regional noxious weeds.

(3) It is the responsibility of each entity to make sure that all certified materials sold under the program are properly labeled and identified with transportation certificates before they leave the premises.

(a) A noxious weed free material product transportation certificate, issued and numbered by the department, must accompany all loads of certified materials.

(b) All certified material sold by a certified entity to a second party (such as a retail outlet) for resale must be accompanied by the original transportation certificate. The second party (or retail outlet) will photocopy the original transportation certificate and provide this photocopy plus a receipt to third party buyers of the material. Third party buyers must have the photocopy of the transportation certificate and the receipt (to show where the material was purchased) in their possession when they are transporting or storing certified material in a restricted area.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.408 Certification of Inspectors

(1) Each person desiring to be an inspector must be trained and certified according to department standards.

(2) An authorized inspector must be one of the following:

(a) a Montana county weed district employee or contractor;

(b) an employee or contractor of a state, provincial, or local government or federal agency responsible for managing legislated weed species within their jurisdiction;

(d) representative of a state crop improvement association; or

(e) employee or agent of another authority approved by the department.

(3) If an inspector intentionally falsifies the certificate of an inspection, that inspector will lose certification status.

(4) An inspector may not inspect an entity or site in which the inspector has an ownership interest.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.409 Stop Sale, Use, or Removal

(1) When the department has reasonable cause to believe any lot of certified material is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written order requiring the person holding the material not to sell, use, or remove it in any manner until written permission is given by the department. The department will release the order when the provisions of the act and rules are met. If compliance is not obtained within 30 days, the department may begin proceedings for condemnation or revoke the material certification. The disposition of the material may not be ordered by the department without first giving the owner or person from whom the material was seized an opportunity to apply to the department for release of the material or for permission to process or bring it into compliance with this chapter, and an opportunity to contest any such order under the provisions of 80-7-910(2), MCA.

(2) Materials with revoked certifications may be sold to any customer or area that does not require the use of certified weed free materials.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.410 Fees

(1) Costs for state sites located in Montana:

(a) A site inspection fee of $150 per site is charged to the person for whom the material was inspected.

(i) A minimum of two inspections are required per year for sites.

(ii) One annual inspection is required for manufacturing/processing facilities.

(b) Certified inspectors must submit a copy of the inspection form and submit a $75 inspection fee, as well as the cost of any markers sold for each site inspection, each year.

(2) Costs for inspection of sites located outside of the state of Montana may include, but are not limited to:

(a) A site inspection fee of $150 per site will be charged to the person for whom the material was inspected.

(i) Travel expenses including mileage and per diem at the rates set by 2-18-501-502, MCA

(3) Actual costs associated with out-of-state inspections are assessed by the department or its agents. Costs may include, but are not limited to, airfare, vehicle rental, state mileage, per diem, and lodging.

(4) Only product markers provided by the department or authorized by the department may be used. Fees for markers are as follows:

(a) $0.50/tag;

(b) $0.15/adhesive label;

(d) $50/unit of twine.

(5) If the fee is not paid or if a person improperly pays any fee or assessment under the provisions of 80-7-921, MCA, the department or its agent will not provide further services.

(6) The cost for any additional material analysis is paid by the manufacturer or owner.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.411 Contracts

(1) The department may enter into contracts with local governments, state, federal, or provincial agencies or other organizations to conduct specific material certification activities and may specify the types of identification markers and/or transportation certificates that are acceptable.

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Mont. Admin. R. 4.5.412 Civil Penalties

(2) Each violation is considered a separate offense and is subject to a separate penalty not to exceed $1,000. A repeat violation is considered a first violation if it occurred three or more years after the previous violation.

(3) The penalty matrix set forth in this rule establishes the basic penalty value for each offense. Factors dealing with the violation may cause the matrix penalty to increase or decrease. Examples of such factors include the person's history of compliance or noncompliance, or the extent of the person's actions to sell material or designate or imply material as being certified when it does not meet state certification requirements.

(4) The below penalty matrix applies to all of the following offenses:

(a) violation of any lawful order, stop sale, use or removal order; or condemnation action;

(b) certification, sale, or advertisement as certified, any noxious weed free material as free from noxious weed within the state, unless material is identified under a department-approved process of certification;

(c) transportation, offer for sale, sale, or use material as noxious weed free, from another state, province, or country, unless the material meets state certification standards or is allowed by an agreement between the department and another government agency;

(d) refusal to pay for any inspection fees or department-approved identification markers;

(e) transportation of certified forage materials in a regulated area without a transportation certificate or identification markers;

(f) falsification or alteration of a transportation certificate or other weed free material identifying markers.

1st offense | 2nd offense | 3rd offense $250 | $500 | $1,000

History

Authorizing statute(s): 80-7-902, MCA
Implementing statute(s): 80-7-902, MCA
History: NEW, 2021 MAR p. 1048, Eff. 8/28/21.

Subchapter 4.5.5 Noxious Weed Training

Mont. Admin. R. 4.5.501 Weed District Supervisor Training

(1) Each weed district supervisor will become licensed as a government pesticide applicator in the weed control category prior to that person doing any actual herbicide applications in the county.

(2) Within 6 months of the date of hire, all new weed district supervisors will become familiar with the weed District Supervisor's Handbook and complete the self-test approved by the weed district supervisor's support committee.

(3) All weed district supervisors will attend at least one training session annually (several may be offered) that has been recommended by the department or the Montana noxious weed control association.

(4) Training (over a four year period) will include, but is not limited to the following topics and subjects:

(a) weed species identification;

(b) pesticide, selection;

(d) integrated weed management;

(e) equipment selection and maintenance;

(f) environmental protection (surface water, ground water, endangered species, sensitive plants) .

(g) weed mapping,

(h) pesticide application;

(i) pesticide statutes and rules;

(j) public and worker safety and

(k) weed management plans.

History

Authorizing statute(s): Sec. 7-22-2130, MCA
Implementing statute(s): Sec 7-22-2130, MCA
History: NEW, 1998 MAR p. 1913, Eff. 7/17/98.

Chapter 4.6 Commodity Research and Market Development Program

Subchapter 4.6.1 General Provisions

Mont. Admin. R. 4.6.101 Petition to Create a Commodity Advisory Committee

(1) The petition requirements are:

(a) name of applicant;

(b) address of applicant;

(d) a proposed statement of purpose;

(e) a list of 25 or more producer signatures (including legibly printed names, addresses, and phone numbers) of this commodity who are petitioning the Montana Department of Agriculture to create a commodity advisory committee;

(i) The petition must include only names of individuals who are personally engaged in growing or producing the relevant agricultural commodity.

(ii) Each petitioner must have grown or produced the relevant commodity within the last two growing seasons.

(f) the Department of Agriculture shall verify eligibility of petitioner using the definition in (1)(e)(i)-(ii); and

(g) the petition shall include the name, address, and phone numbers of designated liaison for the petitioners.

History

Authorizing statute(s): 80-11-504, 80-11-510, MCA
Implementing statute(s): 80-11-510, 80-11-512, MCA
History: NEW, 2000 MAR p. 726; Eff. 3/17/00; AMD, 2015 MAR p. 2137, Eff. 12/11/15.

Mont. Admin. R. 4.6.102 Petition to Eliminate a Commodity Research and Market Development Program

(1) After two years from the date of adoption, the department may, upon its own accord or upon receipt of a verified petition, call a hearing to determine if a program should be eliminated.

(2) The petition requirements are:

(a) name of applicant requesting elimination;

(b) complete address of applicant;

(d) statement that the program has been in existence for a minimum of two years;

(e) a list of 15% or more of producer or grower names and signatures (include legibly printed name, addresses, and phone numbers) of this commodity who are petitioning the Montana department of agriculture to eliminate the program;

(i) the petition must include only names of persons who qualify as a "grower or producer" as defined in 80-11-503 , MCA; "A person or land owner who is personally engaged in growing or producing commodities, or both the landowner and the tenant jointly. The term includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and all other business units, devices and arrangements."

(f) the department shall verify eligibility of petitioners as commodity producers using the definition in (2) (e) (i) and the list of eligible voters at the time the program was adopted; and

(g) a petition shall be filed with the department either in person or by certified mail.

History

Authorizing statute(s): Sec. 80-11-504, MCA
Implementing statute(s): Sec. 80-11-513, MCA
History: NEW, 2000 MAR p. 726, Eff. 3/17/00.

Subchapter 4.6.2 Montana Potato Research and Development Program

Mont. Admin. R. 4.6.201 Montana Potato Advisory Committee

(1) The committee shall be a seven member committee consisting of individuals actively involved in the potato industry in either the production, research, or marketing of potatoes.

(2) A majority of the committee members must be potato "producers" per 80-11-510 (3) , MCA. "Producer" is defined in 80-11-503 (5) , MCA.

(3) On initial appointment by the director of the Montana Department of Agriculture, two members shall be appointed for a one-year term, two members for a two-year term, and three members for a three-year term at the director's discretion. After the initial term, all members will serve three-year terms with a maximum of three consecutive terms allowed.

History

Authorizing statute(s): 80-11-504, MCA
Implementing statute(s): 80-11-510, MCA
History: NEW, 2002 MAR p. 2186, Eff. 8/16/02; TRANS, from ARM 4.6.103, 2004 MAR p. 1209, Eff. 5/21/04.

Mont. Admin. R. 4.6.202 Annual Potato Commodity Assessment-Collection

(1) Section 80-11-516, MCA charges the Montana Department of Agriculture with collecting the commodity assessment.

(2) The assessment must be $.025 per hundredweight on all potatoes grown and marketed commercially in Montana by those growers producing and marketing more than 50,000 pounds annually.

(3) The assessment will be collected by the Montana Department of Agriculture at the time certified seed potato producers are invoiced for inspection fees for certification and by the purchaser at the first point of sale for all other potato producers.

History

Authorizing statute(s): 80-11-504, MCA
Implementing statute(s): 80-11-515, MCA
History: NEW, 2002 MAR p. 2186, Eff. 8/16/02; TRANS, from ARM 4.6.104, 2004 MAR p. 1209, Eff. 5/21/04; AMD, 2006 MAR p. 889, Eff. 4/7/06; AMD, 2013 MAR p. 264, Eff. 3/1/13; AMD, 2019 MAR p. 292, Eff. 3/16/19.

Mont. Admin. R. 4.6.203 Application for Potato Research and Marketing Project Funds

(1) Applications for project funding shall be filed with the department on or before January 1. Filing requirements will be satisfied by receipt of the original and ten copies of each application at the Montana Department of Agriculture postmarked no later than January 1.

(2) The advisory committee will review all research and marketing project applications at the first regular meeting each year and make a recommendation to the department as to which projects to fund and the amount of funding.

(3) Applicants shall be notified within 30 days after the committee's meeting concerning the disposition of their application(s) .

(4) The department shall periodically evaluate all outstanding project agreements for adequate and satisfactory financial control, accounting, and performance by project participants.

(5) The department may modify or terminate the funding of any project if a determination is made that the grantee has not complied or cannot comply with a provision of the project agreement. The department shall notify the grantee in writing within 30 days of such determination, of the reasons for the determination, and the effective date of the modification or termination.

History

Authorizing statute(s): 80-11-504, MCA
Implementing statute(s): 80-11-511, MCA
History: NEW, 2002 MAR p. 2186, Eff. 8/16/02; TRANS, from ARM 4.6.105, 2004 MAR p. 1209, Eff. 5/21/04.

Subchapter 4.6.6 Montana Hemp Research and Market Development Program

Mont. Admin. R. 4.6.601 Montana Hemp Advisory Committee

(1) The committee consists of at least five and no more than eight voting members involved in the production of hemp within the prior three years, one non-voting processing industry representative, and one non-voting representative from the Montana State University System.

(2) A majority of the committee members must be hemp "producers" per 80-11-510(3), MCA. Producer is defined in 80-11-503(5), MCA.

(3) Appointment terms shall be made at the director's discretion and reviewed annually.

History

Authorizing statute(s): 80-11-504, MCA
Implementing statute(s): 80-11-510, MCA
History: NEW, 2020 MAR p. 2079, Eff. 11/7/20; AMD, 2022 MAR p. 1657, Eff. 8/6/22.

Mont. Admin. R. 4.6.602 Definitions

(1) "Department" means the Montana Department of Agriculture.

(2) "Hemp" means all parts and varieties of the plant Cannabis sativa L. containing no greater than 0.3% tetrahydrocannabinol.

(3) "Net receipts" are defined as net weight multiplied by the price paid to the producer.

History

Authorizing statute(s): 80-11-504, MCA
Implementing statute(s): 80-11-503, 80-11-515, MCA
History: NEW, 2020 MAR p. 2079, Eff. 11/7/20.

Mont. Admin. R. 4.6.603 Annual Hemp Assessment - Collection

(1) Section 80-11-516, MCA charges the Montana Department of Agriculture with collecting the commodity assessment.

(2) The assessment shall be 1% of the net receipts of all hemp crops produced in Montana.

(3) The assessment per 80-11-515, MCA, will occur at the time of first sale by a seller and must be collected by the first purchaser of the commodity from the seller. It shall occur at the time of each settlement for the commodity purchased or by invoice form provided by the Montana Department of Agriculture.

(4) If the first purchaser is not a licensed Montana commodity dealer, producers must make a good faith effort to ensure that the assessment is collected and paid to the department.

History

Authorizing statute(s): 80-11-504, MCA
Implementing statute(s): 80-11-515, MCA
History: NEW, 2020 MAR p. 2079, Eff. 11/7/20.

Mont. Admin. R. 4.6.604 Applications for Hemp Research and Marketing Project Funds

(1) Applications for project funding shall be filed with the department on or before December 1 of each year. Filing requirements will be made available publicly online no later than 30 days prior to application deadline.

(3) Applicants shall be notified within 30 days after the committee's meeting concerning the disposition of their application(s).

(4) The department shall periodically evaluate all outstanding project agreements for adequate and satisfactory financial control, accounting, and performance by project participants.

History

Authorizing statute(s): 80-11-504, MCA
Implementing statute(s): 80-11-511, MCA
History: NEW, 2020 MAR p. 2079, Eff. 11/7/20.

Chapter 4.8 Alfalfa Seed Committee

Subchapter 4.8.1 Procedural Rules

Mont. Admin. R. 4.8.101 Procedural Rules

(1) The committee hereby adopts and incorporates by reference ARM 1.3.101 through 1.3.233 which sets forth the attorney general's model procedural rules. A copy of the model rules may be obtained from the Alfalfa Seed Committee, Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201.

History

Authorizing statute(s): Sec. 80-11-304, MCA
Implementing statute(s): Sec. 2-4-201, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Mont. Admin. R. 4.8.102 Policies and Objectives

(1) Public participation is to be allowed to the fullest extent practicable and consistent with the other requirements of state law and the rights and requirements of personal privacy. This will aid in greater responsiveness of committee actions to all concerns and priorities as well as helping to better the understanding of programs and committee actions.

History

Authorizing statute(s): Sec. 80-11-303, MCA
Implementing statute(s): Sec. 2-4-103, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Subchapter 4.8.2 Grants

Mont. Admin. R. 4.8.201 Application for Grants

(1) Grant applications for project funding shall be filed with the committee on or before January 1. Filing requirements will be satisfied by receipt of the original and nine copies of each application at the office of the committee. The first regular meeting of the committee will be held during the month of February of each year.

History

Authorizing statute(s): Sec. 80-11-304, MCA
Implementing statute(s): Sec. 80-11-304, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Mont. Admin. R. 4.8.202 Review and Evaluation

(1) All applications shall be reviewed and evaluated for project type, funding requested, market need for the project, and whether the project is new or on-going.

History

Authorizing statute(s): Sec. 80-11-304, MCA
Implementing statute(s): Sec. 80-11-304, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Mont. Admin. R. 4.8.203 Grant Funding

(1) At the first meeting of the committee held annually the projects to be funded are selected and the amount of grant funding will be determined. Decision will be based on project priorities set by the committee after review and evaluation. Grants will be determined by amount of funds, type of grant last awarded, and need.

History

Authorizing statute(s): Sec. 80-11-304, MCA
Implementing statute(s): Sec. 80-11-304, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82; AMD, 2000 MAR p. 1629, Eff. 6/30/00.

Mont. Admin. R. 4.8.204 Notification of Awards

(1) Grant applicants shall be notified within 30 days after the committee's February meeting whether or not their application(s) have been granted. Applicants shall also be notified of the amount to be funded for each approved project.

History

Authorizing statute(s): Sec. 80-11-304, MCA
Implementing statute(s): Sec. 80-11-304, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Mont. Admin. R. 4.8.205 Performance Evaluation

(1) The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee.

History

Authorizing statute(s): Sec. 80-11-304, MCA
Implementing statute(s): Sec. 80-11-304, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Mont. Admin. R. 4.8.206 Modification or Termination of Grants

(1) The committee may modify or terminate the funding of any grant if a determination is made that the grantee has not complied or cannot comply with a provision of the grant agreement. The committee shall notify the grantee in writing within 30 days of such determination, of the reasons for the determination, and the effective date of the modification or termination.

History

Authorizing statute(s): Sec. 80-11-304, MCA
Implementing statute(s): Sec. 80-11-304, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Subchapter 4.8.3 Assessments and Refunds

Mont. Admin. R. 4.8.301 Alfalfa Seed Assessment and Refunds

(1) Application for assessment refund shall be in writing on forms provided by the committee.

(a) Forms will be furnished upon application to the Alfalfa Seed Committee, Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201.

(b) Written application for refund of alfalfa seed assessment must be submitted by the person who paid the assessment, or by his power of attorney.

(c) Refund application forms shall be submitted no sooner than 30 days from date of first sale but said form must be filed prior to August 1 of each calendar year for the preceding crop year.

History

Authorizing statute(s): Sec. 80-11-309, MCA
Implementing statute(s): Sec. 80-11-309, MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Subchapter 4.8.4 Reports

Mont. Admin. R. 4.8.401 Requirements for Reports

(1) All report forms shall be sent out from the department of agriculture with an enclosed envelope addressed to the department, and these reports shall be completed and returned to the department after being properly signed. These reports shall be filed with the department within twenty (20) days after the close of the business for the month in which the report is being filed. Each report shall show a date of assessment, invoice draft number, pounds of seed (in dirt/or conditioned) , total settlement and total assessment. Additional sections of this form may be used to comply with Section 80-11-310 MCA.

(2) Requests for past due reports shall be handled in the following manner:

(a) First notice shall be a form letter from the alfalfa seed committee requesting submission of past due reports within ten (10) days of the date of the letter.

(b) Second notice shall be a telephone call from the alfalfa seed committee giving five (5) additional days to submit the past due reports.

(d) Any person failing to produce the past due reports shall be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $500 upon conviction.

History

Authorizing statute(s): Sec. 80-11-303 MCA
Implementing statute(s): Sec. 80-11-308 MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Mont. Admin. R. 4.8.402 Correction of Errors on Reports

(1) Checking of all reports for errors in the pounds of alfalfa seed, amount of assessment paid, failure to make payment of assessment on all first purchases of alfalfa seed, lack of signature, will be handled in the following manner:

(a) A telephone call shall be made to the purchaser to try to correct the error.

(b) A corrected report shall be requested if the error cannot be corrected over the telephone.

(c) A visit by the department of agriculture inspector shall be made if the error cannot be corrected over the telephone and if a corrected report cannot be obtained.

(d) Any person failing to comply with the request for the corrections will be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $500 upon conviction.

History

Authorizing statute(s): Sec. 80-11-308 MCA
Implementing statute(s): Sec 80-11-308 MCA
History: NEW, 1982 MAR p. 1094, Eff. 5/28/82.

Chapter 4.9 Wheat Research and Marketing Committee

Subchapter 4.9.1 Committee Organization

Mont. Admin. R. 4.9.101 Organizational Rules

(1) The organization of the Montana wheat and barley committee has been sufficiently set out in Chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, 2-15-112, 2-15-121 80-11-205, MCA
Implementing statute(s): 2-4-201, 80-11-201 MCA
History: AMD, Eff. 12/31/77; AMD, 1996 MAR p. 1826, Eff. 7/4/96; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Subchapter 4.9.2 Procedural Rules

Mont. Admin. R. 4.9.201 Procedural Rules

(1) The department adopts and incorporates the Attorney General's model rules as stated in ARM 1.3.101 through 1.3.233, with any applicable deletions, modifications, and changes as set forth in ARM Title 4, chapter 9, subchapter 4, and the department's public participation rules in ARM 4.2.201 through 4.2.204.

History

Authorizing statute(s): 80-11-205, MCA
Implementing statute(s): 2-4-202, MCA
History: Eff. 10/31/72; AMD, 1977 MAR p. 942, Eff. 11/26/77; AMD, 2008 MAR p. 942, Eff. 5/9/08.

Mont. Admin. R. 4.9.202 Policies and Objectives

(1) Public participation is to be allowed to the fullest extent practicable and consistent with the other requirements of state law and the rights and requirements of personal privacy. This will aid in greater responsiveness of committee actions to all concerns and priorities as well as helping to better the understanding of programs and committee actions.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 2-4-202 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77.

Mont. Admin. R. 4.9.203 Guidelines

(1) Covering guidelines of the committee programs that could allow for public participation but may vary in relation to resources available, public response, and the nature of the issues involved would be the main criteria for this rule. Some of the areas that this rule will pertain to are:

(a) Informational materials - the committee shall provide and make accessible all available policy, programs and/or technical information to enable interested or affected parties to make informed and constructive contributions toward committee decisions. News releases and other publications may be used for this purpose as well as informational discussions and meetings with interested citizen's groups. Special efforts shall be made to summarize complex technical materials for public and media use.

(b) Assistance to the public - the committee will have a procedure for providing technical and informational assistance to public groups for citizen education, committee workshop training, dissemination of information to concerned groups and individuals. Requests for such information shall be promptly handled.

(c) Consultation - the committee shall have a procedure for early consultation and exchange of views with interested persons and organizations on development or revision of plans.

(d) Notification - the committee shall maintain a current list of interested persons and organizations including anyone who has requested inclusion on such a list for the distribution of information such as that listed in (1) (a) of this rule. The committee shall in addition notify any interested persons of any public hearing. Further, internal procedures for receiving and ensuring proper consideration of evidence and information submitted by citizens will be developed.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77.

Mont. Admin. R. 4.9.204 Awarding of Contract

(1) This allows for citizens to have the opportunity for involvement in the awarding of contracts and this shall be provided by observing the laws regarding awarding of contracts by public agencies. These laws require that any significant contracts be submitted to bid and public notice is through the invitation to bid.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/16/77.

Mont. Admin. R. 4.9.205 Committee Liaison

(1) In addition to all other requirements the committee and the administrator shall continue to maintain liaison with citizen organizations active in areas concerning committee responsibilities. This liaison will be on formal and informal basis through participation in their meetings and in their organizations.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77.

Subchapter 4.9.3 Grants

Mont. Admin. R. 4.9.301 Application for Grants

(1) Grant applications for project funding must be received by the deadline set by the committee. The committee will set at least one grant deadline per year. Consideration of a late grant application may occur if the committee agrees by unanimous vote.

History

Authorizing statute(s): 80-11-205, MCA
Implementing statute(s): 80-11-202, 80-11-205, MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77; AMD, 1996 MAR p. 1826, Eff. 7/4/96; AMD, 2015 MAR p. 2135, Eff. 12/11/15.

Mont. Admin. R. 4.9.302 Review and Evaluation

(1) All applications shall be reviewed and evaluated for project type, funding requested, market need for the project, and whether the project is new or on-going.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77.

Mont. Admin. R. 4.9.303 Committee Determination

(1) At the second meeting of the committee held annually the projects to be funded for the following fiscal period are selected and the amount of grant funding will be determined. Decisions will be based on project priorities set by the committee for the fiscal period after review and evaluation.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-202 and 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77; AMD, 1996 MAR p. 1826, Eff. 7/4/96.

Mont. Admin. R. 4.9.304 Notification of Awards

(1) Grant applicants shall be notified within 30 days after the committee's budget meeting as to whether or not their application(s) have been granted. Applicants shall also be notified of the amount to be funded for each approved project.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-202 and 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77; AMD, 1996 MAR p. 1826, Eff. 7/4/96.

Mont. Admin. R. 4.9.305 Performance Evaluation

(1) The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee.

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77.

Mont. Admin. R. 4.9.306 Modification or Termination of Grants

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77.

Mont. Admin. R. 4.9.307 Prohibition on Indirect Payments

(1) In order to make sure funds are not used for prohibited purposes, indirect costs are not generally allowed as part of a grant. If the committee chooses to make an exception to the rule, a unanimous vote is required and the percentage of indirect costs cannot be more than 5 percent.

History

Authorizing statute(s): 80-11-205, MCA
Implementing statute(s): 80-11-202, 80-11-205, MCA
History: NEW, 2015 MAR p. 2135, Eff. 12/11/15.

Subchapter 4.9.4 Wheat and Barley Assessment

Mont. Admin. R. 4.9.401 Wheat and Barley Assessment and Refunds

(1) There shall be levied an assessment of:

(a) 25 mills per bushel upon all wheat sold in the state of Montana; and

(b) 35 mills per hundredweight on all barley sold in the state of Montana.

(2) All assessments are subject to refund provided the following criteria are met:

(a) Application for assessment refund shall be in writing on forms provided by the committee.

(i) Forms will be furnished upon application to the Montana Wheat and Barley Committee, P.O. Box 3024, Great Falls, Montana 59403-3024.

(b) Written application for refund of the wheat or barley assessments must be submitted by the first seller of the wheat or barley or by an individual with the first seller's power of attorney.

(c) Refund application forms shall be submitted 30 days after the date of first sale and no later than 90 days from the date of the first sale of wheat or barley for which a refund is filed.

History

Authorizing statute(s): 80-11-204, 80-11-205, MCA
Implementing statute(s): 80-11-205, 80-11-206, MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77; AMD, 1985 MAR p. 1555, Eff. 10/18/85; AMD, 1988 MAR p. 2032, Eff. 9/23/88; AMD, 1996 MAR p. 1826, Eff. 7/4/96; AMD, 1998 MAR p. 1696, Eff. 6/26/98; AMD, 2003 MAR p. 1273, Eff. 6/27/03; AMD, 2009 MAR p. 264, Eff. 2/27/09; AMD, 2023 MAR p. 11, Eff. 1/14/23.

Mont. Admin. R. 4.9.402 Requirements for Reports

(1) All monthly grain merchandiser report forms shall be sent out from the Montana wheat and barley committee with an enclosed envelope addressed to the committee and these reports shall be completed and returned to the committee after being properly signed and sworn to each and every month. These reports shall be filed with the committee within 20 days after the close of the business for the month in which the report is being filed. Additional sections of this form may be used to comply with 80-4-407, MCA.

(2) Requests for past due reports shall be handled in the following manner:

(a) First notice shall be a form letter from the Montana wheat and barley committee requesting submission of the past due reports within 10 days of the date of the letter.

(b) Second notice shall be a telephone call giving five additional days to submit the past due reports.

(d) Any person failing to produce the past due reports shall be subject to a fine of not less than $50 or more than $5,000 based upon the amount withheld and the number of refunds attached. See the penalty matrix in ARM 4.9.404.

History

Authorizing statute(s): 80-11-205, MCA
Implementing statute(s): 80-11-205, 80-11-207, MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77; AMD, 1996 MAR p. 1826, Eff. 7/4/96; AMD, 2020 MAR p. 1837, Eff. 10/10/20; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.9.403 Correction of Errors on Reports

(1) Checking of

(a) A telephone call shall be made to the purchaser to try to correct the error.

(b) A corrected report shall be requested if the error cannot be corrected over the telephone.

(c) A visit by the department of agriculture inspector shall be made if the error cannot be corrected over the telephone and if a corrected report cannot be obtained.

(d) Any person failing to comply with the request for corrections will be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $500 upon conviction.

all reports for errors in bushels of wheat or hundredweights of barley, amount of assessment paid, failure to make payment of assessment on all first purchases of wheat or barley, lack of signature, or lack of notary seal will be handled in the

following manner:

History

Authorizing statute(s): Sec. 80-11-205 MCA
Implementing statute(s): Sec. 80-11-205 MCA
History: NEW, 1977 MAR p. 943, Eff. 11/26/77.

Mont. Admin. R. 4.9.404 Penalty Matrix

(1) Any person failing to produce past due reports will be subject to a fee based on the following matrix:

Amount withheld | No refunds affected | 1-5 refunds affected | Greater than 5 refunds affected Less than $1,000 | $50 | $500 | $1,000 $1,000-$10,000 | $500 | $1,000 | $2,500 Greater than $10,000 | $1,000 | $2,500 | $5,000

History

Authorizing statute(s): 80-11-211, MCA
Implementing statute(s): 80-11-211, MCA
History: NEW, 2020 MAR p. 1837, Eff. 10/10/20.

Chapter 4.10 Agricultural Sciences Division

Subchapter 4.10.1 Liability Rules

Mont. Admin. R. 4.10.101 Financial Responsibilities

(1) Persons applying for a commercial pesticide applicator's license must be covered by liability insurance in the required amount as follows:

(a) the minimum insurance must be in the amount of $50,000 for aerial applicators, and $30,000 for all other applicators; and

(b) the insurance must cover damages caused by unintentional violations of the Montana Pesticides Act in MCA Title 80, chapters 1 through 4.

(2) Commercial seed treatment applicators, whether at farm sites or their own business locations, vertebrate pest control applicators using ground applied baits only, public utility, and non-commercial applicators applying pesticides in or on properties managed by them are exempt from the financial responsibilities required in ARM 4.10.101 and 4.10.102.

(3) Demonstration and research pest-control applicators may be exempt from the financial responsibilities required in ARM 4.10.101 and 4.10.102 upon appropriate application for exemption duly approved by the department. The department will evaluate each applicant's situation as shown on the waiver application considering particularly the following factors: actual pesticide applications used by the applicant, the use of co-operators, the size of plots, and the hazards and drift potential of pesticides utilized.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-214, MCA
History: NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2019 MAR p. 537, Eff. 5/11/19; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.102 Conditions of Financial Responsibility

(1) The insurance policy must cover the applicator, their operators and all business employees.

(2) The insurance policy must provide coverage for each and every pesticide the applicator may choose to apply.

(3) The financial responsibility requirement imposed by ARM 4.10.101 must be maintained in full force and effect during each entire licensing period except for seasonal applicators. The licensing period shall be from the date of the license issuance through December 31 of that calendar year.

(4) An applicator who applies pesticides seasonally may cancel or put on hold their financial responsibility (in effect, terminating their license) the day after their last pesticide application. In the event of a lapse, suspension, or termination in the means assuring financial responsibility, the applicator's license(s) will automatically terminate, coinciding with the lapse, suspension, or termination of financial responsibility, and the licensee and any employees must immediately cease all applications of pesticides. In the event a previously licensed applicator whose license(s) was terminated by the provisions of this rule desires to have their license reissued for the balance of the calendar year, they must notify the department and demonstrate, to the satisfaction of the department, that they once again meet the financial responsibility requirements of ARM 4.10.101. Upon approval by the department, the applicator's license(s) may be reissued unless some other legal or regulatory cause exists for non-issuance.

(5) The applicator has the duty and responsibility to ensure that the insurance policy obtained to provide financial responsibility is in the minimum amounts as required under ARM 4.10.101 and covers each and every pesticide proposed to be applied during the licensing period.

(6) Nothing in these regulations shall be construed to relieve any person, landowner, or applicator from liability for any damage to the person, lands, or property of another, caused by their use of pesticides even though such use conforms to the rules of the department.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-214, MCA
History: NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2019 MAR p. 537, Eff. 5/11/19; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.104 Judgment of Damages and/or Injury

(1) A judgment rendered in any court of competent jurisdiction, of this state or any other state, or of the United States, against a licensee or certificate holder, upon a cause of action arising out of any pesticide use, misuse, or attempted use or application, filed with the department; and a written agreement, mutually agreed upon between the licensee and the individual experiencing property damage or bodily injury, as to the fact of damages and the dollar value thereof, duly notarized and filed with the department, are for all purposes within these rules, denominated as judgments.

(2) No licensee nor certificate holder shall permit any judgment against them for damages or injury arising out of their pesticide operation to remain unsatisfied for a period of more than 30 calendar days.

(3) Individuals experiencing non-crop vegetative damage may upon mutual agreement with the licensee delay the final determination of the dollar amount of the damage, and judgment thereon, for a period of time, not to exceed one year from the date damage is first observed by the damaged party.

(4) Individuals experiencing crop damage may upon mutual agreement with the licensee delay the final determination of the dollar amount of crop damage for a period of time, not to exceed 60 days following the completion of harvest on the crops and fields allegedly damaged, provided that the licensee and the individual experiencing crop damage provide an estimate to the department of the approximate dollar value of the damages, and if necessary, that the licensee provides evidence of damaged party for the estimated damages and still maintain their minimum required financial responsibility under ARM 4.10.101.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-214, MCA
History: NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.105 Incident Reports and Records

(1) An applicator who through their own actions or omissions, or the actions or omissions of their employees, causes or allows any pesticide to escape onto or to be deposited onto the person, lands, or property of another not the person hiring or contracting for their services, shall be required to file a written report to the department within 48 hours of the incident, specifying the location of the incident, the name of the pesticide involved, the type of formulation, the method of application, the name and address of the person for whom the application was being made, and the name and address of the person(s) whose land, person, or property was subjected to the unintentional pesticide application. If the unintentional application involves a pesticide classified as either extremely toxic or highly toxic to people or animals, the applicator or operator shall immediately cease their application and notify the landowner or operator whose land, person, or property was subjected to unintentional pesticide application and the department, immediately, by the quickest available means, after applying first aid or personal decontamination if appropriate.

(2) A complete record of all settled and pending claims from the preceding licensing period must be filed when reapplying for an applicator's license. The record shall indicate for each and every incident the names of all parties involved, the location of the incident, the manufacturer and the technical name of the pesticide involved, the type of formulation, the method of application, the intended use, and the target or site, specifying the animals, wildlife, plant and aquatic life, soil, or people subjected to the unintentional pesticide application(s).

(3) For settled claims, report the information required in (2), together with the dollar amount of the economic loss and the final settlement agreement between all parties.

(a) Applicators failing to file the foregoing reports, or falsifying them in any fashion, may be subject to immediate revocation of current licenses and/or may not be issued a license until the requirements of this section are fully satisfied.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-214, MCA
History: NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.106 Revocation of License

(1) The department may revoke the license(s) of any applicator not satisfying the final judgment rendered against or agreed to by them, within 30 calendar days from the date the judgment is filed with the department or in the same time period established in the judgment. The revocation shall remain in effect and no license shall be issued to the applicator unless and until the judgment is satisfied or until the applicator files with the department their written direction to their financial responsibility guarantors to respond in full to the damages specified in the judgment.

(2) In the event the financial responsibility guaranteed is not adequate to satisfy the judgment when fully applied thereto, then, and in that event, the applicator shall apply such additional monies or assets as may be required to fully satisfy the judgment, and the applicator's license may not be issued until the judgment has been fully satisfied and the required financial responsibility once again brought up to the amount required of the particular applicator under rule.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-214, MCA
History: NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Subchapter 4.10.2 Pesticide Applicator and Operator Rules

Mont. Admin. R. 4.10.201 Pesticide Applicator Licensing Requirements

(1) An individual who by contract or for hire uses or applies pesticides not under the special supervision of a licensed applicator is required to become a licensed commercial pesticide applicator, except as provided for in these rules.

(a) A person must be a minimum of 18 years old in order to purchase or use restricted use pesticides, unless as allowed in ARM 4.10.403.

(b) Each pesticide applicator business location must have a licensed pesticide applicator. Any owner or person who has a financial interest in a pesticide applicator business may appoint a partner or salaried employee to become the licensed pesticide applicator. The owner or person having the financial interest in a pesticide application business shall continue to assume and is financially responsible for all uses and applications of a pesticide. The owner, manager, or licensed applicator of a pesticide applicator business may elect to have some or all of the employees of the business licensed as applicators.

(2) A person must apply for a license on the department's application form. The application must be completed in its entirety and accompanied by the licensing fee. Applicants submitting incomplete applications and not meeting the conditions and standards expressed in the Act and department rules will be notified of such deficiencies and the procedure for correcting the deficiencies. The department will return the application along with the notice.

(3) Nonresident applicants shall be required to submit the license application and fee, and must designate an agent for service of process with the Secretary of State. The service of process shall remain valid until cancelled or modified.

(4) An individual applying for a public utility applicator's license shall be required to meet the same conditions and standards established within these rules for commercial applicators. For purposes of this subchapter, "public utility" means any governmental organization supplying water, electricity, transportation, etc. to the public, including utilities operated by a private entity under governmental regulation.

(5) An individual applying for a government applicator's license shall be required to meet the conditions and standards of these rules except for those specifically exempted in the Act. The department may accept for certification those federal employees certified through an EPA approved federal agency certification program or if the employee has been certified by another state with comparable requirements and standards of the department. The department reserves the responsibility to require federal employees to meet any special state certification standards.

(6) Those individuals who cannot be classified as a commercial, public utility, or government pesticide applicator or who cannot be classified as a private farm applicator, but desire the use of restricted-use pesticides, shall be considered to be noncommercial applicators.

(a) The noncommercial applicators desiring to use restricted use pesticides in the state shall be required to meet the same application, examination, qualification, general and specific competency standards, recordkeeping, requalification, and other related pesticide usage and application standards as required of commercial applicators by the Act.

(b) These individuals shall be classified into one of the categories established for commercial applicators.

(c) Certified noncommercial applicators may only use restricted use pesticides on lands owned, rented, or leased by his/her employer or himself/herself.

(d) Noncommercial applicators, whether certified or not, violating the Act or these rules shall be subject to the same penalties and administrative procedures as commercial applicators.

(7) No licenses shall be issued to any person until the application, fees and all examination or requalification requirements are fulfilled and approved by the department.

(8) A licensed pesticide applicator changing his employment to another company or business within a licensing period shall be required to submit his license and any employee licenses referenced to his license to the department for cancellation. The applicator, by submission of a written request or application, may request the issuance of a new license. If the applicator paid the license fee, the department will reissue the license. If the company or business originally employing the applicator paid the license fee, the department shall not reissue the applicator's license until the fee is paid by the applicator or the applicator's new employer. If the original company paid the licensing fee, the department will credit the fee to the company for issuance of another applicator's license within the same licensing period provided that the license must not be issued until the applicant passes the required written examination or is already an approved applicator. Licenses and licensing fees must not be transferable between licensing periods.

(9) A commercial, noncommercial, special utility or government applicator not renewing and maintaining their license and certification within the established qualification period shall be required to retake and pass the complete examination series prior to the issuance of a new license at the beginning of the next qualification period. The applicator may maintain their qualifications by attending approved requalification programs for a time period not to exceed four years. The applicator will be required to maintain their records of requalification for submission to the department for relicensing. The department reserves the right to require special examination(s) on new requirements or technology.

(10) Applicators and their employees licensed as applicators or operators shall reveal their license upon request by any individual or business, for whom the applicator or his employee is performing pesticide applications or to an authorized representative of the department.

(a) When an applicator terminates his employment, transfers his license, or modifies or cancels his license, all employee operator licenses issued under the applicator's name and license are terminated, modified, or cancelled. Employees certified as applicators may retain their license provided that their financial responsibility is still valid. New licenses will be issued to employee operators previously licensed once the business has appointed a new supervisory certified applicator.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 1978 MAR p. 150, Eff. 4/15/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.202 Classification of Pesticide Applicators

(1) All applicants applying for a pesticide applicator's license required by 80-8-203 and 80-8-213, MCA, or desiring certification, shall be classified as either a commercial pesticide applicator, public utility applicator, government pesticide applicator, or noncommercial applicator as defined in ARM 4.10.201. Applicants that meet competency standards required by ARM 4.10.203 may use general and restricted-use pesticides.

(2) A person, whether certified as a commercial, public utility, government, or noncommercial licensed, aerial or ground applicator, shall be further 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.

(a) A person certified as an applicator may use general and restricted-use pesticides for which he is qualified throughout the state.

(b) The department shall determine and classify each applicant into the most appropriate specific classification that reflects or describes the applicant's business or operation. Applicants may be classified and licensed into more than one specific classification if they meet and satisfy the requirements of each specific classification.

(c) The following specific classifications set forth in this rule do not apply to the following individuals for purposes of this regulation:

(i) individuals conducting laboratory-type research involving restricted use pesticides; and

(ii) doctors of medicine and doctors of veterinary medicine applying pesticides as drugs or medication during the course of their normal practice.

(3) The following classifications are:

(a) Agricultural plant pest control classification includes any applicator using or supervising the use of pesticides in the production of agricultural crops, including without limiting the foregoing: small grains, feed grains, soybeans and forage, vegetables, small fruits, tree fruits and nuts, as well as on grasslands and non-crop agricultural lands.

(b) Agricultural animal pest control classification includes any applicator using or supervising the use of pesticides on animals including without limiting the foregoing, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry and livestock, and to places on or in which animals are confined. Doctors of veterinary medicine engaged in the business of applying restricted use pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in a large scale use of restricted pesticide are included in this classification and must be certified-licensed.

(c) Agricultural vertebrate pest control classification includes any applicator using or supervising the use of pesticides in the management of vertebrate animals normally wild or feral, including certain predators, rodents, and birds, which may adversely affect human health or property or are a nuisance to humans.

(d) Forest pest control classification includes any applicator using or supervising the use of pesticides in forests, forest nurseries, and forest seed-producing areas.

(e) Ornamental and turf pest control classification includes any applicator using or supervising the use of pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf.

(f) Seed treatment classification includes any applicator using or supervising the use of pesticides onto seeds.

(g) Aquatic pest control classification includes any applicator using or supervising the use of pesticides purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in classification (3)(j).

(h) Right-of-way, rangeland, pasture, and non-crop pest control classification includes any applicator using or supervising the use of pesticides to manage weeds or other vegetation in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, or other similar areas. This classification includes any applicator using or supervising the use of pesticides to manage weeds or other vegetation on grassland and pastures that are not harvested for forage, and any applicator using or supervising the use of pesticides on non-crop areas to manage weeds or other vegetation.

(i) Industrial, institutional, structural, and health-related pest control classification includes any applicator using or supervising the use of pesticides in, on, or around food handling and manufacturing establishments, human dwellings, institutions such as schools and hospitals, industrial establishments including warehouses, and any other structures and adjacent areas, public or private, and for the protection of stored, processed, or manufactured products.

(j) School pest control classification includes applicators using or supervising the use of pesticides in the school environment under a "Model School Integrated Pest and Pesticide Management Safety Program," including but not limited to school yards, buildings, playing fields, and other property under the jurisdiction of the school districts.

(k) Wood product pest control classification includes any applicator using or supervising the use of pesticides for pole framing, silling applications, some home and farm uses, brush on treatments, sapstain control, and uses in non-pressure treatment plants for the protection of wood products.

(l) Public health pest control classification includes state, federal, or other governmental employees or contracted commercial applicators using or supervising the use of pesticides in public health programs for the management and control of pests having medical and public health importance. The jurisdictional health officer, state veterinarian, their duly authorized representatives, and governmental research personnel are exempt from licensing when applying general use pesticides to experimental areas.

(m) Regulatory pest control classification includes state, federal, or other governmental employees who use or supervise the use of pesticides in the control of regulated pests. Certification in this category does not authorize the purchase, use, or supervision of use of sodium cyanide and sodium fluoroacetate products for predator control unless the individual meets the requirements of ARM 4.10.1204 for sodium cyanide and ARM 4.10.1404 for sodium fluoroacetate. The following subclassifications of government applicators are established to more accurately reflect some government applicator's specific duties and areas of operation:

(i) mosquito abatement;

(ii) predator;

(iii) quarantine;

(iv) rodent;

(v) weed; and

(vi) piscicide.

(n) Demonstration and research pest control classification includes:

(i) individuals who, as part of their business or job responsibility, demonstrate to the public the proper use of pesticides and pesticide application techniques or supervise such demonstrations or make or approve recommendations on pesticide product use and/or selection. Such individuals may include extension specialists, county extension agents, government employees, representatives of pesticide manufacturers or related businesses. Not included are individuals licensed as a pesticide dealer or individuals that make recommendations for pesticide products used only for home, yard, lawn, or garden use; and

(ii) individuals conducting field research with pesticides and in doing so, use or supervise the use of pesticides. Such individuals include state, federal, commercial, and other individuals conducting field research on or utilizing pesticides. Demonstration and research applicators shall qualify in one or more of the appropriate classifications in (3)(a) through (t) that best represent their operations or responsibilities.

(o) Special utility classification includes applicators using or supervising the use of pesticides in the maintenance of utility rights of way, substations, and pole conditioning or other similar areas.

(p) Piscicide classification includes applicators using or supervising the use of pesticides purposefully applied to waters to eliminate fish species as a fishery management tool.

(q) Non-soil fumigation includes applicators who use or supervise the use of restricted use pesticides to fumigate anything other than soil, including fumigant applications made to structures, grain elevators, and rodent burrows. Non-soil fumigant applicators shall qualify in one or more appropriate classifications in (3)(a) through (p).

(r) Aerial applicator classification includes applicators that apply pesticides by aircraft, including applications made by drone or unmanned aerial vehicles (UAVs). Aerial applicators shall qualify in one or more appropriate classifications in (3)(a) through (q).

(s) Sodium fluoroacetate (1080 Livestock collars) predator control classification includes all commercially licensed and permitted private farm applicators who use sodium fluoroacetate in a protective collar to control predators. All 1080 Livestock collar applicators must take the written exam and attend training required by ARM 4.10.1204.

(t) Sodium cyanide (M-44) predator control classification includes all commercially licensed and permitted private farm applicators who use sodium cyanide in a mechanical ejection device to control regulated predators. All M-44 applicators must pass the written exam and attend training required by ARM 4.10.1404.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 1978 MAR p. 150, Eff. 4/15/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1994 MAR p. 3183, Eff. 12/23/94; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2012 MAR p. 2185, Eff. 10/26/12; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.203 Competency Standards for Certification of Pesticide Applicators

(1) An individual applying for a commercial, public utility, governmental, or noncommercial applicator's license shall be required to pass a written examination prior to issuance of a license.

(a) All of the exam standards required in 40 CFR 171.103(a)(2).

(b) Examinations may be taken at the department's Helena office or the applicant may make arrangements for examination at other locations in the state or in other states at the convenience and approval of the department.

(c) Any individual applying for a license shall meet the general and specific competency standards of ARM 4.10.204 and 4.10.205.

(d) The competency of applicants shall be determined by their knowledge and passage of written examinations on the subjects set forth in the department's designated manuals for applicators, including revisions, and any other manual, guide, or materials as designated by the department. Examination questions will be derived from these manuals and their degree of difficulty will be based upon the degree of importance established by the department for the various subject areas.

(e) The department may accept the applicant's examination scores from other states if the examination or examinations are equivalent to the department's examination. However, all other standards and requirements of the department must be met by the applicant. All out-of-state applicators will be required to take and pass an examination based on the Montana Pesticide Act and these rules. The scores required are set forth in (3).

(2) An applicator's examination must consist of:

(a) a core examination consisting of, but not limited to, questions based on pesticide laws, rules, regulations, definitions, labeling, safety, toxicology, effects on animals, plants, and the environment, safety equipment, first aid, and alternatives to chemicals.

(b) a specific examination or examinations consisting of, but not limited to, questions based on the pests to be controlled, various control methods, pesticides utilized, environmental and safety considerations, pesticide formulations, and equipment calibration and maintenance, in the specific classification or classifications the applicator chooses for certification.

(3) The minimum passing score for applicants shall be:

(a) 80% for the core pesticide examination, and 80% for each respective specific examination required.

(4) An applicant not receiving a passing score on one or more of the examinations shall be required to retake and pass the failed examination(s) prior to issuance of a license. The applicant taking more than one specific examination may elect to be certified only for the specific examination(s) passed if the applicant has passed the core pesticide examination, and at least one specific examination.

(a) Applicants failing the core pesticide examination or any other examination the first time shall not be allowed to retake the examination(s) for seven days after notification of failure. Applicants failing the examination(s) a second time may retake the examination(s) 15 days after notification. Applicants failing the examination(s) a third time shall not be allowed to retake the examination(s) until the next licensing period beginning January 1 of the next year. Reexamination may be taken at the department's Helena office or the applicant may make arrangements for reexamination at other locations in the state or in other states at the convenience and approval of the department.

(5) Applicators shall be required to requalify for licensing prior to every fifth licensing period.

(a) The department has a staggered four-year requalification time period designated by applicator classification and subclassification. Applicator classifications must requalify by December 31 of the year designated by the department. Thereafter the qualification period extends from January 1 through December 31 of the next four-year cycle.

(b) Applicator requalification must be accomplished by either passing the complete examination series specified in (2) or by earning 12 recertification credits, 6 of which must be in-person or live webinar training approved by the department. Courses must be assigned 1 recertification credit per 50 minutes of training and limited to not more than 6 credits per course. An applicator requalifying for certification by attending pesticide training courses must have written verification of his/her attendance. All the standards for recertification of certified applicators in 40 CFR 171.107 apply.

(6) The department retains the right to approve or disapprove training courses relative to meeting the qualifications for recertification. Training course sponsors must petition the department for approval of their courses at least 30 days prior to being held. The petition must include dates, time, location, speakers, and a synopsis of their presentations.

(7) The department may require applicators to pass an examination during any certification period on new pesticide technology which applies to the applicator's classification.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-206, MCA
History: NEW, Eff. 7/5/76; AMD, 1978 MAR p. 151, Eff. 4/15/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1995 MAR p. 20, Eff. 12/23/94; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.204 General Standards of Competency for All Applicators

(1) All commercial, public utility, and government applicators shall demonstrate by written examination and, as appropriate, performance testing, practical knowledge of the principles and practices of pest control and safe use of pesticides. The examination shall be based on knowledge and examples of problems and situations appropriate to the applicator's classification or subclassifications and the following areas of competency for which a license or certification-license is desired:

(a) Label and labeling comprehension:

(i) the general format and terminology of pesticide labels and labeling;

(ii) the understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

(iii) classification of the product, general or restricted;

(iv) understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;

(v) understanding labeling requirements that a certified applicator must be physically present at the site of the application;

(vi) understanding labeling requirements for supervising operators working under the direct supervision of a certified applicator;

(vii) understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the type and site of the application;

(viii) understanding and complying with product-specific notification requirements;

(ix) recognizing and understanding the difference between mandatory and advisory labeling language.

(b) Safety factors including:

(i) pesticide toxicity and hazard to individuals and common exposure routes;

(ii) common types and causes of pesticide accidents;

(iii) precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

(iv) need for and use of protective clothing and equipment;

(v) symptoms of pesticide poisonings;

(vi) first aid and other procedures to be followed in case of a pesticide accident;

(vii) proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers;

(viii) understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;

(ix) understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity.

(i) weather and other climatic conditions;

(ii) types of terrain, soil, or other substrate;

(iii) presence of fish, wildlife, and other non-target organisms;

(iv) drainage patterns.

(d) Pest factors such as:

(i) common features of pest organisms and characteristics of damage needed for pest recognition;

(ii) recognition of relevant pests;

(iii) pest development and biology as it may be relevant to problem identification and control;

(iv) verifying that the labeling does not prohibit the use of the product to control the target pest(s).

(e) Pesticide factors such as:

(i) types of pesticides;

(ii) types of formulations;

(iii) compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iv) hazards and residues associated with use;

(v) factors which influenced effectiveness or lead to such problems as resistance to pesticides;

(vi) dilution procedures.

(f) Equipment factors (relevant to applicator's operation) including:

(i) types of equipment and advantages and limitations of each type;

(ii) uses, maintenance, and calibration.

(g) Application technique factors including:

(i) methods and procedures used to apply various formulations of pesticides, solutions, and gases together with a knowledge of which technique of application to use in a given situation;

(ii) relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse;

(iii) prevention of drift and pesticide loss into the environment.

(h) State and federal laws, regulations, and rules.

(i) Responsibilities of supervisors of operators including:

(i) understanding and complying with requirements in 40 CFR 171.201 for certified commercial applicators who supervise operators using restricted use pesticides;

(ii) the recordkeeping requirements of pesticide safety training for operators who use restricted use pesticides under the direct supervision of a certified applicator;

(iii) providing use-specific instructions to operators using restricted use pesticides under the direct supervision of a certified applicator;

(iv) explaining pertinent state, tribal, and federal laws and regulations to operators who use restricted use pesticides under the direct supervision of a certified applicator.

(j) Professionalism factors including:

(i) maintaining chemical security for restricted use pesticides;

(ii) how to communicate information about pesticide exposures and risks with customers and the public;

(iii) appropriate product stewardship for certified applicators.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-206, MCA
History: NEW, Eff. 7/5/76; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.205 Specific Standards of Competency for Each Applicator Classification

(1) Certified commercial, public utility, government, and noncommercial pesticide applicators shall be examined and qualified with respect to the following practical knowledge standards:

(a) Agricultural plant pest control applicators must demonstrate practical knowledge of crops grown and the specific pests of those crops on which they may be using pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, preharvest intervals, reentry intervals, phytotoxicity, and potential for environmental contamination, nontarget injury, and community problems resulting from the use of pesticides in agricultural areas.

(b) Agricultural animal pest control applicators applying pesticides directly to animals must demonstrate practical knowledge of such animals and their associated pests. A practical knowledge concerning specific pesticide toxicity and residue potential is also required since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress, and extent of treatment.

(c) Agricultural vertebrate pest control applicators must demonstrate practical knowledge of vertebrates for which they may be using pesticides. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. The applicator must demonstrate a practical knowledge of control and application methods which will minimize the possibility of secondary problems such as unintended effects on wildlife. These applicators must demonstrate knowledge of the use of these pesticides which will minimize or prevent hazards to humans, pets, and other domestic animals.

(d) Forest pest control applicators shall demonstrate practical knowledge of the types of forest, forest nurseries, and seed production in their state and the pests involved. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge of the relative biotic agents and their vulnerability to the pesticides to be applied is required. Because forest stands may be large and frequently include natural aquatic habitats and harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must therefore demonstrate practical knowledge of control methods which will minimize the possibility of secondary problems such as unintended effects on wildlife. Proper use of specialized equipment must be demonstrated, especially as it may be related to meteorological factors and adjacent land use.

(e) Ornamental and turf pest control applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this classification must demonstrate practical knowledge of application methods which will minimize or prevent hazards to humans, pets, and other domestic animals.

(f) Seed treatment applicators shall demonstrate practical knowledge of the types of seeds that require pesticide protection against pests, and factors such as seed coloration, carriers, and surface active agents which influence pesticide binding and may affect germination. They must demonstrate practical knowledge of hazards associated with handling, sorting and mixing, and misuse of treated seed such as introduction of treated seed into food and feed channels as well as proper disposal of unused treated seeds.

(g) Aquatic pest control applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of pesticides used in this classification. They shall demonstrate practical knowledge of various water use situations and the potential of downstream effects. Further, they must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects, and other organisms which may be present in aquatic environments. These applicators shall demonstrate practical knowledge of the principles of limited area application.

(h) Right-of-way, rangeland, pasture, and non-crop pest control applicators are applicators who apply pesticides and who shall demonstrate practical knowledge of a wide variety of environments since right-of-way, rangeland, pasture, and non-crop sites can traverse many different terrains, including waterways. They shall demonstrate practical knowledge of problems on runoff, drift, excessive foliage destruction, and potential effects to livestock and nontarget organisms. Applicators must have the ability to recognize target plants and differentiate them from nontarget plants. They shall also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the target application site, and the impact of their application activities in the adjacent areas and communities.

(i) Industrial, institutional, structural, and health related pest control applicators must demonstrate a practical knowledge of a wide variety of pests and their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of food, damage and contamination of habitat and exposure of people and pets. Since human exposure includes babies, children, pregnant women, and elderly people and is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this classification. Because health-related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions particularly related to this activity.

(j) School pest control applicators must demonstrate a practical knowledge in the principles of integrated pest management and a knowledge of pesticides registered for use in the school environment.

(k) Wood product pest control applicators shall demonstrate practical knowledge of the specific wood preservative products used in their operation (creosote, pentachlorophenol, inorganic arsenicals). They shall be knowledgeable about the protective clothing and equipment requirements and the requirements for proper care and disposal of work clothing and equipment. They shall demonstrate practical knowledge of application techniques which will prevent direct exposure to domestic animals and livestock, or in contamination of food, feed or drinking and irrigation water. They shall be aware of the prohibitions against eating, drinking and smoking and other potential avenues of work exposure while applying wood preservative chemicals. They must demonstrate practical knowledge of hazards of handling treated products as well as the requirements for proper disposal of pesticide waste. They must be familiar with the consumer awareness program (CAP) which will be implemented through the use of Consumer Information Sheets (CIS's) provided to the end users of the products (consuming public).

(l) Public health pest control applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests are involved. It is essential that they be known as recognized and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They should also have practical knowledge of the importance and employment of such nonchemical control methods as sanitation, waste disposal, and drainage.

(m) Regulatory pest control applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of pesticides used in suppression and eradication programs. They shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. In the case of some federal agency applicators, their knowledge shall extend beyond that required by their immediate duties since their services are frequently required in other areas of the country where emergency measures are invoked to control regulated pests, and where individual judgments must be made in new situations.

(n) Demonstration and research pest control applicators demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide use. Many different problem situations will be encountered in the course of activities associated with demonstrations. Practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of pesticide organism interactions and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all the standards detailed in ARM 4.10.204. In addition, they shall meet the specific standards required for classifications in (1)(a) through (t) applicable to their particular activity. Persons conducting field research or method improvement work with restricted use pesticides shall be expected to know the general standards required for classifications in (1)(a) through (t), applicable to their particular activity, or alternatively, to meet the more inclusive requirements listed under "Demonstration."

(o) Special utility applicators shall demonstrate practical knowledge of a wide variety of utility right-of-way environments. They shall demonstrate practical knowledge of problems on runoff, drift and excessive foliage destruction, and ability to recognize target organisms. They shall also demonstrate practical knowledge of the nature of herbicides and soil sterilants, the need for containment of these pesticides within the designated areas, and the impact of their application activities in the adjacent areas. They shall demonstrate practical knowledge of the specific wood preservative products used in their operation. They shall be knowledgeable about the protective clothing and equipment requirements and the requirements for proper care and disposal of work clothing and equipment. They shall demonstrate practical knowledge of application techniques which will prevent direct exposure to domestic animals and livestock, or in contamination of food, feed or drinking and irrigation water. They shall be aware of the prohibitions against eating, drinking and smoking and other potential avenues of work exposure while applying wood preservative chemicals. They must demonstrate practical knowledge of hazards of handling treated products as well as the requirements for proper disposal of pesticide waste.

(p) Piscicide applicators shall demonstrate a knowledge of registered piscicides, and safety practices for use, storage and transportation. They shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of pesticides used in this classification. They shall demonstrate practical knowledge of various water use situations, the potential of downstream effects and piscicide decontamination procedures. They must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects, and other organisms which may be present in aquatic environments. They must show practical knowledge of water chemistry, pest identification, and the ecology within the aquatic environment. Applicators must also have knowledge of applicable laws and regulation related to introduction of pesticides into state waters, and demonstrate practical knowledge of the principles of limited area application.

(q) Non-soil fumigant applicators shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing non-soil fumigation applications of restricted use pesticides including the following: label and labeling comprehension; safety; selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment; and the importance of proper application rate, posting, and timing. Applicators must have knowledge of measures used to minimize adverse health effects due to unintended exposure.

(r) Aerial applicators shall demonstrate practical knowledge of pest problems and pest control practices associated with performing aerial application of pesticides and meet all the requirements of 40 CFR 171.103(d)(15). They shall demonstrate practical knowledge of labeling requirements and restrictions specific to aerial application of pesticides, how to choose and maintain aerial application equipment, factors to consider before and during an application, methods to minimize off-target pesticide movement, and demonstrate competency in performing an aerial pesticide application.

(s) Sodium fluoroacetate (1080 Livestock collars) predator control applicators must demonstrate practical knowledge of predator pests, including recognizing those pests and signs of the presence, their habitats, life cycles, biology, and behaviors as they may be relevant to pest identification and control. Applicators must also demonstrate practical knowledge and understanding of specific requirements for field posting, monitoring, recordkeeping, proper storage of collars, disposal of punctured or leaking collars, disposal of contaminated animal remains, vegetation, soil, and clothing, and reporting of suspected and actual poisoning, mishap, or injury to threatened or endangered species, humans, domesticated animals, or non-target wild animals. They shall demonstrate comprehension of all laws and regulations applicable to the use of sodium fluoroacetate products, including the restrictions on the use of sodium fluoroacetate products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of the specific use restrictions for sodium fluoroacetate in the livestock protection collar, including where and when sodium fluoroacetate products can be used, safe handling and placement of collars, and practical treatment of sodium fluoroacetate poisoning in humans and domestic animals. All 1080 Livestock collar applicators must pass the written exam and attend training required by ARM 4.10.1204.

(t) Sodium cyanide (M-44) predator control applicators must demonstrate practical knowledge of mammalian predator pests, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as they may be relevant to pest identification and control. They must demonstrate comprehension of all laws and regulations applicable to the use of mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium cyanide products ordered by the EPA Administrator. M-44 applicators must also demonstrate practical knowledge and understanding of all of the specific use restrictions for sodium cyanide devices, including safe handling and proper placement of the capsules and device, proper use of the antidote kit, notification to medical personnel before use of the device, conditions of and restrictions on when and where devices can be used, requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species, maximum density of devices, provisions for supervising and monitoring applicators, required information exchange in locations where more than one agency is authorized to place devices, and specific requirements for recordkeeping, monitoring, field posting, proper storage, and disposal of damaged or used sodium cyanide capsules. All M-44 applicators must pass the written exam and attend training required by ARM 4.10.1404.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-206, MCA
History: NEW, Eff. 7/5/76; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1994 p. 3183, Eff. 12/23/94; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2012 MAR p. 2185, Eff. 10/26/12; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.206 Individuals Requiring a Pesticide Operator's License

(1) Employees of certified applicators under certain conditions of use for general and restricted-use pesticides shall be required to become licensed pesticide operators.

(a) The appropriate provisions of 40 CFR 171.201 shall apply, including but not limited to provisions for training, instructions, use-specific conditions, qualifications, and qualification recordkeeping for operators working under the "direct supervision" of commercial or permitted applicators. A person must be a minimum of 18 years old to purchase or use restricted use pesticides, unless as allowed in ARM 4.10.403.

(b) Only one certified applicator or licensed operator shall be required for each spraying equipment unit when in actual operation. Application for an operator's license shall be made on a standard application form provided by the department.

(2) Licensed operators shall be allowed to use and apply only those pesticides that the certified applicator he is supervised by is qualified to use and apply. A licensed operator may use general or restricted-use pesticides within 100 miles of the applicator when he is under the direct supervision of a certified applicator. Licensed operators may not apply general or restricted-use pesticides beyond 100 miles of the applicator.

(3) An individual may under certain conditions be licensed as a noncommercial operator under the direct supervision of a certified noncommercial applicator. In these cases, the licensed operator may use restricted-use pesticides under the direct supervision of the certified applicator provided that the uses of the pesticides are restricted to any of the employer's premises or materials on the premises, and that the treated materials are not sold to the general public.

(4) Applicator employees required to become licensed operators shall make application for license on a form approved by the department. The license fee shall be $25 per applicant, provided that only the first two operator applicants per applicator business shall have to pay the $25 licensing fee. Thereafter, the fee per additional applicant shall be $10. Fifteen dollars ($15) of the fee for each of the first two operators and $5 of the fee for each additional operator shall be deposited in the state special revenue account as required by 80-8-205, MCA.

(5) Individuals using and applying general or restricted use pesticides shall qualify for an operator license by:

(a) passing a department examination;

(b) attending a department training course; or

(c) receiving training from a certified applicator of the business or government agency who must certify the individual's completion of the training.

(6) The requirements of 40 CFR 171.201(d) shall apply to the specific content required in operator training programs. The training or examination shall include knowledge of pesticide law and rules, labels and labeling, safety, first aid and toxicology, effect of pesticides, factors affecting pesticide application, equipment calibration, dilution and mixing of pesticides, and recognition of common pests to be controlled. The examination or training for operators must be as specific as possible to their operations and responsibilities. Examinations will be given at the convenience and approval of the department or its authorized representative. The department shall cooperate with individual applicators or groups of applicators in establishing the training materials and examination questions, and may provide assistance to applicators in training applicants for an operator's license. The passing score for the examination must be 80%. Operators who pass the examination may not be required to pass another examination. Operators may renew their license each year by receiving in-service business or government agency training or by attending a training course approved by the department.

(7) Government operators shall meet all the standards established for commercial operators in this regulation. Government operators shall only operate within their respective governmental boundaries regardless of the number of miles from the government certified applicator's business location.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-205, MCA
History: NEW, Eff. 7/5/76; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1993 MAR p. 2669, Eff. 11/11/93; AMD, 2010 MAR p.909, Eff. 4/16/10; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.207 Applicator Records

(1) Commercial, public utility, government, noncommercial applicators and their operators must keep and maintain application records for two years.

(2) Every application record performed either by an applicator or operator must include:

(a) The name and the certification number of the certified applicator that made or supervised the application, and, if applicable, the name of any operator(s) that made the application;

(b) Date of application;

(d) Location, including the property owner's or lessee's name and address where the pesticide was applied;

(i) The specific application site must be expressed by township, range, and section numbers, local identifiable landmarks, or latitude and longitude coordinates.

(ii) Right-of-way applications may be expressed in general terms of identifiable landmarks.

(iii) Nonagricultural applications may specify the site, building, facility, premises, or other identifiable landmarks.

(e) Equipment used;

(i) If the same piece of equipment is used for all applications, then this equipment may be listed only once. If more than one piece of equipment is utilized, the applicator may assign a number to each piece of equipment and list the equipment once by description and thereafter by number.

(f) The pesticide or pesticides used, including the company name, trade name, and the EPA registration number;

(g) The rate of application, including the amount of formulated product per volume or weight to be applied on a given unit area;

(h) The area treated (number of acres, trees, livestock, square feet or yards, etc.) or the type of treatment for structural, seed treatment, or wood product applications;

(i) The primary pest or pests involved;

(j) The site or crop treated and stage of crop development, if applicable; and

(k) Weather conditions such as wind speed, wind direction, and temperature, if applicable.

(3) Applicators utilizing two or more pesticides in a tank must record all required data for each pesticide in the tank mix.

(4) Applicators must record application information on a daily basis not to exceed 24 hours from the time of the application.

(5) Applicator records must be open to inspection by authorized employees of the department during all business hours. Applicators must submit written copies of their records or any portion of the records when requested in writing by the department.

(6) Seed treat applicators and wood product applicators must maintain records only on items set forth in (2)(a) through (h).

(7) As ruled by opinion of the Montana Attorney General (Vol. No. 38, Opinion No. 1), pesticide applicator and dealer records held by the Department of Agriculture are subject to public disclosure unless the department finds that the applicator's or dealer's right to privacy clearly outweighs the public's right to know. Such determination will be considered under department policy on a case by case basis.

(a) Department publication of any information of these records which may disclose operations of selling, production, or use of pesticides by any person is prohibited under 80-8-107, MCA, and confirmed under department interpretation of a letter of explanation to the above cited opinion from the attorney general.

(8) Applicators, upon written request, must submit to the department records of each application performed with all pesticides, or those specifically named by the department. The records must be submitted within 14 calendar days of the request or as otherwise requested by the department. The request for records may include the records for the complete calendar year. The record must contain all the items listed in (2)(a) through (k), unless not required based on (6).

(a) If no applications of pesticides occurred during the requested time period, applicators must document this to the department.

(9) Private farm applicators are exempt from the requirements of this rule, unless a specific reporting requirement is established in another rule.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2010 MAR p. 909, Eff. 4/15/10; AMD, 2019 MAR p. 1629, Eff. 9/21/19; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.208 Inconsistent Use

No person shall, use or recommend use of a pesticide in a manner inconsistent with the registered labeling, or with the agency or department restrictions that have been placed on the use of that pesticide.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Secs. 80-8-105 MCA, 80-8-211 MCA, 80-8-306 MCA
History: NEW, Eff. 7/5/76; AMD, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1986 MAR p. 1007, Eff. 6/13/86.

Mont. Admin. R. 4.10.209 Notification by Applicators

(1) Applicators applying environmental protection agency restricted pesticides shall notify the owner, lessee or manager of the property of all precautions and restrictions prior to application of the restricted pesticide. The applicator, if requested, shall provide a copy of the label to the owner, manager or lessee. Applicators applying Environmental Protection Agency restricted pesticides in an easement or right-of-way situation shall not be required to notify any person if the applicator is employed by or specifically contracted by the person holding or managing the easement or right-of-way.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 2010 MAR p. 909, Eff. 4/16/10.

Mont. Admin. R. 4.10.210 Pesticide Certification and Training - Fees

(1) All fees for services are payable upon purchase or on receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate, or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require past due payment of fees prior to allowing additional purchases or providing additional services, such as inspections. The fees shall be as follows:

(a) pesticide study manuals: a maximum fee of $20 for each study manual plus shipping and handling; and

(b) pesticide applicator training courses:

(i) initial pesticide applicator training courses: a maximum fee of $100; and

(ii) fall pesticide core and category-specific training courses: a maximum fee of $50.

History

Authorizing statute(s): 80-8-105(2)(q), 80-8-109, MCA
Implementing statute(s): 80-8-105(2)(q), 80-8-109, MCA
History: NEW, 2016 MAR p. 1163, Eff. 7/9/16; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Subchapter 4.10.3 Aquatic Herbicide Rules

Mont. Admin. R. 4.10.311 Designation of Restricted-Use Aquatic Herbicides

(1) The sale and use of aquatic herbicides that contain one or more of the following active ingredients intended for remission of aquatic vegetation, must be designated as restricted-use:

(a) xylene,

(b) acrolein.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1991 MAR p. 354, Eff. 3/29/91; AMD, 2010 MAR p. 909, Eff. 4/16/10.

Mont. Admin. R. 4.10.312 Sale of Restricted-Use Aquatic Herbicides

(1) Only licensed pesticide dealers may sell a registered, restricted-use aquatic herbicide and only under the following conditions:

(a) Sale or distribution can only be made to a certified applicator who holds an aquatic pest control license or permit issued by the department.

(b) Each dealer must maintain a complete record of each restricted-use aquatic herbicide sale. These records must be retained for a period of two (2) years. Records shall include all requirements contained within ARM 4.10.504.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1991 MAR p. 354, Eff. 3/29/91.

Mont. Admin. R. 4.10.313 Use of Restricted-Use Aquatic Herbicides

(1) Only persons certified and holding an aquatic pest control applicator license or permit issued by the department may purchase, or use a restricted-use aquatic herbicide.

(a) To initially qualify, a person shall pass a department aquatic herbicide examination.

(b) To maintain qualifications for certification, all applicators, except private farm applicators, must comply with ARM 4.10.203(5), MCA.

(c) All private farm applicators must attend three hours of department approved aquatic training, or pass an aquatic herbicide examination to maintain qualifications. The permit issued will conform to the five year qualification period established for the district in which the private farm applicator resides.

(d) The department may require training to obtain or maintain an aquatic pest control applicator license if significant changes occur in aquatic herbicide use patterns or aquatic vegetation control techniques.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1991 MAR p. 354, Eff. 3/29/91; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.314 Application of Restricted-Use Aquatic Herbicides

(1) All certified licensed or permitted aquatic pest control applicators who plan to apply a restricted-use aquatic herbicide shall:

(a) Submit for approval a preseason aquatic vegetation management plan to the department by at least two weeks prior to the first aquatic herbicide application. No applicator shall apply a restricted-use aquatic herbicide without management plan approval by the department. Management plan forms are available upon request from the department. The management plan must contain:

(i) a legible map of the ditch (preferably drawn on a USGS 7.5' topographic map or other appropriately detailed base map) area showing the location of:

(A) all ditch or canal segments, or other surface waters to be treated;

(B) all structures (flumes, siphons, weirs, waste gates, etc.) along treated segments;

(D) all herbicide application points;

(E) all areas where treated water will be discharged;

(ii) proposed application date(s);

(iii) herbicide to be used;

(iv) amount and rate of herbicide to be used;

(v) application techniques, and

(vi) weed(s) to be controlled.

(b) Maintain and update the plan as changes or modifications occur that differ from the original management plan submitted to the department. This management plan will remain on file at the department.

(c) If no changes in the management plan are anticipated, the applicator must still notify the department in writing of their intent to treat. This written notification will serve as that year's plan. A letter of approval from the department will still be required before the application may proceed.

(d) Allow an inspection of the treatment area by the department or its authorized agents prior to approval of the plan and application by the applicator. The department will notify the applicant of its decision for approval once any required inspections are completed. If the applicant desires an inspection of the treatment area, advance notice to the department of at least one week is recommended.

(e) Consult the Montana Department of Fish, Wildlife and Parks prior to applying a restricted-use aquatic herbicide when appropriate.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1991 MAR p. 354, Eff. 3/29/91; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.315 Applicator Records

(1) All applicators, including private farm applicators, must maintain and submit, upon request by the department, a record of each restricted-use aquatic herbicide application.

(a) These records shall include:

(i) name of the applicator and/or operator;

(ii) name of the ditch, canal, or area treated and county where located;

(iii) application point(s) and areas of ditch, canal or other surface waters treated;

(iv) company name, trade name, and the EPA registration number or formulation of the herbicide(s) used;

(v) date of application and amount and rate of herbicide used;

(vi) weeds controlled;

(vii) type of equipment used and method of application.

(b) These records will satisfy reporting requirements for all non-private farm applicators described within ARM 4.10.207(1). The records required in ARM 4.10.315 will satisfy the requirements for applicators subject to ARM 4.10.208(8). Private farm applicators are exempt from the reporting requirements of ARM 4.10.207(8).

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1991 MAR p. 354, Eff. 3/29/91; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.316 Applicator Incident Report

(1) Any person who, through their own actions or omissions or the actions or omissions of persons under their direction or control, causes or allows any restricted-use aquatic herbicide to escape into or be deposited into any public waters or private waters, or causes or allows any aquatic herbicide to escape onto or be deposited on any person, lands or property, shall provide notice to the department by the quickest means possible immediately following said herbicide misapplication or escape. The notice shall give the geographic location of the incident, the name of the pesticide involved and the name(s) and address(es) of the person(s) whose waters, land, person or property, including the state of Montana's, was subjected to the herbicide application.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1991 MAR p. 354, Eff. 3/29/91.

Mont. Admin. R. 4.10.317 Personal Liability for Damages

(1) Nothing in these rules shall be construed to relieve any person, including landowner or applicator, from liability for damage to the person, lands, water, or other property of another, including the state of Montana, caused by the use of aquatic herbicides even though such use conforms to the rules of the department.

History

Authorizing statute(s): Secs. 80-8-105 MCA
Implementing statute(s): Secs. 80-8-105 MCA, 80-8-214 MCA
History: NEW, 1982 MAR p. 560, Eff. 3/26/82.

Subchapter 4.10.4 Certification of Farm Applicator Rules

Mont. Admin. R. 4.10.401 Private Farm Applicator Certification

(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.

(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.

(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.

(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.

(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) 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) The following classifications are:

(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.

(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.

(ii) All of the requirements of 40 CFR 171.105(a) apply to this section.

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

(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).

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

(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.

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

(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.

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

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

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

(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) The private farm applicator examination or training standards, as a minimum requirement, must include those set forth in 80-8-209(3), MCA.

(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) 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.

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

(7) Continuing education programs must satisfy the following:

(a) Be approved by the Montana Department of Agriculture.

(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) 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) 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:

(a) DISTRICT I: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders;

(b) DISTRICT II: Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis and Clark, Madison, Meagher, Park, Powell, and Silver Bow;

(d) DISTRICT IV: Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Phillips, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Treasure, Valley, and Wibaux; and

(e) DISTRICT V: Big Horn, Carbon, Fergus, Golden Valley, Judith Basin, Mussellshell, Petroleum, Stillwater, Sweet Grass, Wheatland, and Yellowstone.

History

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.

Mont. Admin. R. 4.10.403 Credentials

(1) Certified private farm applicators may request the department to issue credentials for two members of their immediate family or employees allowing them to purchase and use restricted use pesticides under the applicator's permit and supervision. Individuals receiving credentials must be a minimum of 18 years old except that an immediate family member working under the direct supervision of a private applicator must be at least 16 years old provided the following conditions are met:

(a) The restricted use pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate.

(b) The restricted use pesticide is not being applied aerially.

(2) A person in possession of such credentials may only purchase restricted use pesticides for which the private farm applicator is certified and may only use such pesticides upon lands owned, rented, or leased by the private farm applicator.

(3) The appropriate provisions of 40 CFR 171.201 shall apply to this section, including but not limited to provisions for training, instructions, use-specific conditions, and qualifications for credentialed employees or family members working under the direct supervision of certified private farm applicators.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-209, MCA
History: NEW, Eff. 7/5/76; AMD, 2019 MAR p. 537, Eff. 5/11/19; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.404 Improper Purchase or Use

(1) No private farm applicator, family member, or employee may use or recommend use of a pesticide in a manner inconsistent with registered labeling, or with any agency or department restrictions that have been placed on the use of that pesticide.

(2) No private farm applicator, family member, or employee may purchase or use a restricted pesticide without either a permit or a credential. All applications made by family members or employees must be under the direct supervision of a private farm applicator.

(3) For the purposes of applying 80-8-209, MCA, the term "vicinity" means using nonrestricted (general use) pesticides on lands immediately adjacent or across a road from lands owned, leased, or rented by the private farm applicator doing the applications.

(4) Except as allowed in 80-8-209, MCA, and (3), a private farm applicator, family member, or employee who applies pesticides for hire or regularly engages in the business of applying pesticides for others must be licensed as a commercial applicator.

History

Authorizing statute(s): 80-8-105, 80-8-211, 80-8-306, MCA
Implementing statute(s): 80-8-105, 80-8-211, 80-8-306, MCA
History: NEW, 1976 MAR, Eff. 7/5/79; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2019 MAR p. 537, Eff. 5/11/19; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Subchapter 4.10.5 Pesticide Dealer and Retailer Rules

Mont. Admin. R. 4.10.501 Application for License

(1) A person applying for a commercial pesticide dealer's license shall make application for the license on a standard application form provided by the department. Each application shall be completed in its entirety and the licensing fee paid prior to processing by the department. Incomplete applications will be returned to the applicant.

(2) Non-resident applicants shall be required to submit the license application and fee, and must designate an agent for service of process with the Secretary of State prior to submitting the application to the department. The service of process shall remain valid until cancelled or modified.

(3) Pesticide dealer outlets with a licensed dealer shall be required to list the names and address of all their employee pesticide field salesmen employed directly out of the same outlet as the licensed dealer. These employees traveling and transacting pesticide sales in the state shall be required to possess and carry credentials stating that the employee is transacting business under the name and license number of a licensed dealer. The department will provide the necessary credentials to the licensed dealer for the field salesmen listed on the application. Dealers may request additional field salesmen credentials for new employees provided that the dealers shall return to the department any credentials for those employees terminated or no longer supervised by the dealer. Dealers and dealer field salesmen shall be required upon request to show their license or license credentials to any buyer of a pesticide or to employees of the department.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-207, MCA
History: NEW, Eff. 7/5/76; AMD, Eff. 7/4/77; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.502 Retail Sale of Pesticides

(1) The retail sale of pesticides shall be limited to products:

(a) labeled for only home, yard, lawn, and/or garden uses; and

(b) classified as general use.

(2) Retail sales of pesticides not meeting these limitations shall be considered a violation of the act. All retailers shall maintain for inspectional purposes, shipping, purchase, or invoice records of pesticide products received. These records shall be maintained for two years and must be available for inspection by authorized employees of the department during normal business hours.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-212, MCA
History: NEW, Eff. 7/5/76; AMD, 1978 MAR p. 152, Eff. 4/15/78; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.503 Pesticide Dealers Requirements and Standards

(1) Licensed pesticide dealers may purchase, sell, offer for sale, or distribute any pesticide classified as general or restricted use registered in that state. Dealers will not be allowed to handle certain restricted pesticides which are registered for use, sale, or distribution by government agencies only.

(2) New applicants for a dealer license must pass a written examination prior to issuance of a license by the department and in accordance with ARM 4.10.203(1)(a), (3)(a), and (4).

(3) Competency of applicants by written examination shall be determined by their knowledge of the subjects and materials set forth in the (Pesticide Applicator Certification Core Manual), including future revisions and any other manual, guide, or materials required by the department. Examination questions will be derived from these manuals. Their degree of difficulty will be based upon the degree of importance established by the department for the various subjects. The examination must consist of but not be limited to questions on pesticide legislation; regulations and guidelines; safety and toxicology; disposal; storage and transportation; effects on animals, plants, and environment; fish and wildlife; alternatives to chemicals; pollinating insects; selection of control methods; factors affecting pesticide applications; classification and formulations of insecticides; fungicides, herbicides, and other pesticides and their uses; definitions; and recommendations for use of pesticides. The minimum passing examination score for applicants to be licensed as dealers shall be 80%.

(4) Dealers shall be required to requalify for licensing prior to December 31, 1986, and by the end of every fourth year thereafter. Dealer requalification must be accomplished by either passing a dealer examination or by earning 12 recertification credits, 6 of which must be either in-person training or live webinars. Courses must be approved by the department, and assigned 1 recertification credit per 50 minutes of training and limited to not more than 6 credits per course. A dealer attending pesticide training courses must have written verification of his/her attendance.

(5) The department retains the right to approve or disapprove training courses relative to meeting the qualifications for relicensing. Training course sponsors must petition the department for approval of their courses 30 days prior to being held. The petition must include dates, time, location, projected attendance, speakers, and synopsis of their presentations.

(6) The department may require dealers to pass an examination during any licensing period on new pesticide technology.

(7) A dealer, not renewing and maintaining his license and qualification, within the established qualification period shall be required to retake and pass the examination prior to the issuance of a new license at the beginning of the next qualification period. The dealer may maintain his qualifications by attending approved requalification programs for a time period not to exceed four years. The dealer will be required to maintain his records of requalification for submission to the department for relicensing. The department will not maintain qualification data for persons that have not relicensed. The department reserves the right to require special examination(s) on new requirements or technology.

(8) A licensed dealer changing his employment to another company or business within a licensing period shall be required to submit to the department the license and any employee credentials for cancellation by the department. The dealer, by submission of a written request or application, may request the issuance of a new license. If the dealer paid the license fee, the department will issue the license. If a dealer outlet or company originally employing the dealer paid the license fee, the department shall not reissue the license to the dealer or the dealer's new employer until a new fee is paid. If the company paid for the licensing fee, the department will credit the fee to the company for issuance of another dealer's license by the department within the same licensing period, provided that the license must not be issued until the applicant passes the required written examination or is already a licensed dealer. Licenses and license fees must not be transferable between licensing periods.

(9) A licensed dealer or employees supervised by the dealer shall only sell restricted-use pesticides to other licensed dealers, certified applicators, licensed operators, or to credentialed family members or employees of permitted private farm applicators. The dealer or dealer's employees shall only sell restricted use pesticides labeled for use in the classifications stated on the certified applicator or operator license, private farm applicator permit or credential.

(10) Dealers are allowed to sell restricted-use pesticides to persons possessing credentials issued by the department. These credentials will state that the person is purchasing the pesticide under the name and license or permit number of a certified applicator and that the certified applicator supervises the use of the pesticide by that person. Sale of restricted-use pesticides to any person other than dealers, certified applicators, licensed operators, or persons with departmental credentials is illegal. Such sales to any person may subject a dealer to immediate revocation of the license.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, 80-8-207, 80-8-208, MCA
History: NEW, Eff. 7/5/76; AMD, 1978 MAR p. 152, Eff. 4/25/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.504 Dealer Records

(1) Pesticide dealers, including pharmacists, veterinarians, and certified pharmacies must maintain shipping, purchase, or invoice records of all pesticide products received. These records must be retained for two years.

(2) Dealers, including pharmacists, veterinarians, and certified pharmacies must maintain a complete record of all restricted use pesticides purchased and sold. These records must be retained for two years.

(3) The sales record of restricted use pesticides must include:

(a) The company name on the label;

(b) The complete trade name;

(c) The EPA registration number, including any applicable emergency exemption or state special local need registration number;

(d) The volume sold;

(e) The license or permit number of the applicator or the dealer purchasing the pesticide;

(f) The expiration date of the license or permit and certification categories of the certified applicator that are relevant to the pesticide sold;

(g) The date of sale; and

(h) The name and address of residence or principal place of business of each certified applicator or dealer purchasing the pesticide, or if applicable, of the operator, or of the credentialed employee or family member purchasing the pesticide.

(4) Upon request of the department, pesticide dealers, including pharmacists, veterinarians, and certified pharmacies selling restricted pesticides, must submit records providing the information in (3).

(a) The records must be submitted within 14 calendar days of the request.

(b) If no restricted use pesticides are sold during the time period requested, this must be documented to the department.

(5) Records required of dealers, pharmacists, veterinarians and certified pharmacies must be available for inspection by authorized employees of the department during all business hours.

(6) Dealers and retailers selling retail pesticides, as designated in ARM 4.10.502, are exempt from the record keeping and reporting requirements of this rule. Records of retail pesticides must be maintained as required in ARM 4.10.502(2).

History

Authorizing statute(s): 80-8-105, 80-8-211, MCA
Implementing statute(s): 80-8-105, 80-8-211, MCA
History: NEW, Eff. 7/5/76; TRANS, (5)(b) to ARM 4.5.113, Eff. 12/31/88; AMD, 2019 MAR p. 1629, Eff. 9/21/19; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Subchapter 4.10.6 Rules for Issuance, Revocation, or Denial of Pesticide Licenses and Permits

Mont. Admin. R. 4.10.605 Granting, Renewing, and Denying Licenses, Certificates, and Permits

(1) No person shall be eligible to receive or renew an applicator license in the state of Montana in the event they have received a criminal or civil penalty under FIFRA Sections 14(a) or 14(b) in any jurisdiction.

(2) In case a license holder receives a penalty under FIFRA Section 14(a) or 14(b) in any other jurisdiction, it is their duty to notify the department within 30 days.

(3) Failure to notify the department may result in ineligibility to hold an applicator license in the state of Montana as well as the forfeiture of any pesticide license held at the time the non-compliance comes to the attention of the department.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Subchapter 4.10.7 Restriction of Pesticide Rules

Mont. Admin. R. 4.10.701 Registration Requirements

(1) All persons selling, distributing, offering for sale, exchanging, giving away, bartering, using, or applying pesticides must follow label directions and labeling requirements. Only persons certified by the department may purchase, use, and apply restricted use pesticides. It is unlawful to make a restricted pesticide available for use to anyone who is not a certified applicator unless they are allowed such use in law or by rule.

(2) Only certified applicators or those under their direct supervision may use restricted use pesticides. The department may impose other restrictions, such as the type of applicator who may use the pesticide, or the time and place that the pesticide(s) may be used.

(3) Pesticides registered in the state are classified by the department as either restricted use or general. The department may classify a pesticide as restricted use if it determines that, without regulatory restrictions, the pesticide would cause unreasonable adverse effects to the environment, animals, or humans. Additional registration restrictions will be established and adopted by the department in rule.

(4) In addition to the requirements set forth in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), pesticide labeling must also meet state standards set forth in (5) through (7).

(5) Any pesticide exempted from registration under the provisions of section 18 of FIFRA must provide the department with an application in accordance with Title 40 of the Code of Federal Regulations (CFR), Part 166.

(a) Pesticides distributed under section 18 of FIFRA must include department-approved labels prior to distribution. The label must include all conditions granting emergency exemption and all other required items determined by the department. The department may establish additional requirements for registration of section 18 pesticides.

(b) Documents granting emergency exemptions may be used in lieu of labeling in situations where a label cannot be developed and approved prior to the intended use period. Conditions submitted as part of the granting document and any attached or associated documentation from the department may be considered labeling for the purpose of enforcement.

(6) Pesticides registered under the provisions of section 24(c) of FIFRA must provide the department with an application in accordance with 40 CFR, Part 162.

(a) Additional requirements for the registration of section 24(c) pesticides may be established by the department.

(7) Minimum risk pesticides must meet the provisions listed in 40 CFR, Part 152.25(f) of FIFRA. These items must also meet the requirements of the department and may be subject to refusal, suspension, or cancellation per 80-8-201, MCA. Items required by FIFRA and the state include:

(a) label(s);

(b) safety data sheet(s);

(d) efficacy data, including test methods that substantiate any pesticidal claims that appear on the product label may be required; and

(e) all claims on the manufacturer's website comply with the same conditions required of the product label.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 2019 MAR p. 1523, Eff. 9/7/19.

Mont. Admin. R. 4.10.709 Use of Pesticides on Pest Infestations in Alfalfa Seed Crops

(1) Pesticides registered for use in Montana under section 24(c) of FIFRA for use on alfalfa seed only are covered by this rule. The use of these pesticide products is not permitted on fields producing alfalfa for livestock feed and no portion of the treated field, including seed, seed screening, hay forage or stubble, may be used for human food or animal feed.

(2) The current year's treated alfalfa seed crop may not be used or distributed for animal feed purposes such as cut for hay, green chop, pellets, meal, or stubble, nor can grazing take place on the current year's treated alfalfa seed crops.

(3) Screenings or other crop byproducts cannot enter feed channels by distribution and/or direct use. All alfalfa seed screenings and/or crop byproducts that were treated with any of the section 24(c) of FIFRA pesticides for alfalfa seed production only must be immediately removed from the feed market, and disposed of in such a manner that they cannot be distributed or used for feed or food purposes. The alfalfa seed conditioner must keep records of all alfalfa seed screenings and their disposal (site, method, amount and type of material, date of shipment) and furnish these records to the department upon request. Treated alfalfa seed must not be used or distributed for human food (sprouting).

(4) All alfalfa seed treated with any of section 24(c) of FIFRA pesticides registered for use in alfalfa seed production only must be tagged at processing plants and such tag must state NOT FOR HUMAN CONSUMPTION AND/OR ANIMAL FEED. It is the grower's responsibility to notify the processing plants of any seed crops treated with any of the section 24(c) of FIFRA pesticides for use in alfalfa seed production only.

(5) All usage, in addition to the requirements of this rule, must comply with the section 24(c) of FIFRA labels for the pesticides registered for use in alfalfa seed production only.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1997 MAR p. 985, Eff. 6/3/97; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2019 MAR p. 1523, Eff. 9/7/19.

Mont. Admin. R. 4.10.710 Annual Pesticide Registration Fee/Special Needs Fee

(1) The annual pesticide registration fee is $130.

(2) The pesticide registration special needs fee is $8.

History

Authorizing statute(s): 80-8-201, MCA
Implementing statute(s): 80-8-201, MCA
History: NEW, 2017 MAR p. 1950, Eff. 10/28/17.

Subchapter 4.10.8 Rinsing and Disposing of Pesticide Containers

Mont. Admin. R. 4.10.801 Definition of Terms

These definitions are intended to supplement all existing rules adopted under the Montana Pesticides Act, Title 80, chapter 8, MCA.

(1) "Empty pesticide container" means any pesticide container from which the pesticide contents have been removed by pouring, shaking, pumping, aspirating or by other means and in which no pesticide contents remain that can be practically removed by these or similar methods.

(2) "Pesticide container" means any package or packaging in which a pesticide is in contact with the inner surface. The term does not include any shipping material used to hold more than one pesticide container or a bulk container used for transporting or delivering a pesticide.

(3) "Rinsate" means any mixture of rinse material and the residual contents of an empty pesticide container that is produced in the process of rinsing an empty pesticide container.

(4) "Rinse material" means any liquid or other material permitted by the labeling or otherwise approved by the U.S. environmental protection agency or the department to rinse empty pesticide containers.

(5) "Rinsed pesticide container" means an empty pesticide container that has been triple or power rinsed or rinsed by equivalent procedures as described in ARM 4.10.803.

(6) "Visible residue" means any rinsate with an amber, milky or other coloration associated with a specific pesticide.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94.

Mont. Admin. R. 4.10.802 Rinsing and Disposal Requirements

(1) These rules apply to any person handling, using, rinsing or disposing of pesticide containers. All pesticide labeling requirements, including any rinsing requirements, and these rules must be complied with when preparing and handling any pesticide container for disposal, recycling, refilling, or returning to the dealer, distributor or registrant. If the label instructions for rinsing or disposal of a pesticide container are different from these rules, the more restrictive requirement must be followed.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94.

Mont. Admin. R. 4.10.803 Rinsing Empty Pesticide Containers

(1) All empty pesticide containers shall be triple or power rinsed or

(a) Aerosol containers, fiber drums with liners, paper, fiber and plastic bags, containers designated by label for refilling, water soluble containers and compressed gas cylinders are exempted from this rule. Rinsing instructions on the pesticide container label must be followed.

(b) Containers from retail pesticides labeled only for home, yard, and garden uses as set forth in ARM 4.10.502 are exempt from this rule. These containers should be rinsed according to the procedures of this rule.

(2) The following procedures are the standard for triple, power or equivalent rinsing:

(a) Triple rinse procedures:

(i) The minimum amount of rinse material for each rinse shall be based upon the container size as specified below:

container size amount of rinse material

less than 5 gallons 1/4 of the container's volume

5 gallons or more 1/5 of the container's volume

(ii) The required amount of rinse material shall be added to the pesticide container. The lid or other closure device shall be secured and the container agitated to ensure contact of the rinse material with all inside surfaces.

(iii) The rinsate shall be poured from the container and the container allowed to drain for 30 seconds.

(iv) The rinse procedures shall be repeated a second and a third time.

(v) The rinse procedure shall be repeated until no visible residue is present.

(b) Power rinse procedures:

(i) The minimum amount of rinse material shall be 1/2 the volume of the container.

(ii) The minimum pressure of the rinse material shall be 15 pounds per square inch.

(iii) The nozzle shall be capable of rinsing all inner surfaces of the container.

(iv) Rinsing shall continue until no visible residues are present.

(v) The container shall be drained for 30 seconds.

(c) Equivalent rinse procedures: Any person may apply for department approval of a procedure for rinsing pesticide containers. The application shall include:

(i) A narrative description of the procedure.

(ii) Laboratory analytical results that demonstrate that removal of residues is as effective as triple rinsing or power rinsing.

(iii) Documentation that the analytical methods are scientifically acceptable and results are statistically valid. This may include submittal of quality assurance/quality control documentation, policy and practices.

(iv) Information and data that illustrate that pesticide exposure to persons conducting the procedure is not greater than exposure from triple or power rinsing procedures.

(v) Information and data that illustrate that adverse effects to the environment are not greater than from triple or power rinsing procedures.

(vi) The department may deny or approve the request based upon the information from the applicant and from data and information from other sources. The department may also withdraw its approval should further information reveal that the procedure is not equivalent to accepted procedures, pesticide exposure is greater than previously believed or adverse environmental problems result.

rinsed by equivalent procedures approved by the department except as exempted in (1) (a) and (b). Such rinsing shall occur within 48 hours of the time that the container is rendered empty. Containers should be rinsed immediately after being emptied and the rinsate used as diluent in pesticide applications.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94.

Mont. Admin. R. 4.10.804 Use of Rinsates

(1) Rinsates may be applied as pesticides provided that applicable label directions are followed for each registered pesticide in the rinsate.

(2) Rinsates may be used as a diluent in pesticide mixtures where:

(a) the pesticides in the rinsate and the mixture are the same or compatible;

(b) tank mixing is not prohibited by the pesticide labels;

(3) Disposal of rinsates is prohibited except as permitted by the label or by Title 75, chapter 10, MCA and rules adopted thereunder.

(4) Rinsates may be temporarily stored but shall not be stored longer than one year.

(a) The container(s) storing the rinsate must have the following information on a label attached to the container:

(i) The date that the rinsate was placed in the container;

(ii) the active ingredient(s) in the rinsate;

(iii) company name, trade name, formulation and environmental protection agency registration number for each product in the rinsate;

(iv) signal word; and

(v) name of responsible person(s) .

(5) Rinsates must be used or disposed of in a manner that prevents any agricultural, environmental or human health problems.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94.

Mont. Admin. R. 4.10.805 Disposal and Recycling of Metal, Glass or Plastic Pesticide Containers

(1) All rinsed pesticide containers shall be punctured or rendered unusable; and, within 90 days, disposed of in a sanitary landfill as a solid waste or sent to a department approved recycler or reconditioner if allowed by the label.

(2) Empty pesticide containers not required to be rinsed shall be disposed of within 7 days, preferably within 48 hours, following procedures in ARM 4.10.806.

(3) Containers authorized by the label for refilling are exempted from this rule.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94.

Mont. Admin. R. 4.10.806 Disposal of Other Types of Empty Pesticide Containers

(1) Aerosol pesticide containers shall be handled in the following manner:

(a) The cap shall be replaced.

(b) The container shall be wrapped in absorbent material.

(d) Aerosol containers shall not be punctured, burned or incinerated.

(2) Fiber drums with liners and paper or plastic bags shall be handled in the following manner:

(a) Clinging particles shall be loosened by shaking and tapping sides and bottom of the liner or bag and placed in application equipment.

(b) The drum and liner or bag shall be discarded in a sanitary landfill.

(3) Compressed gas cylinders shall be handled in the following manner:

(a) Label directions, precautions, and procedure for returning the container to the dealer, registrant or formulator shall be followed.

(4) Other pesticide containers not described in this rule must be disposed of according to the label directions.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94.

Mont. Admin. R. 4.10.807 Burning or Incineration of Pesticide Containers

(1) The Department of Environmental Quality (DEQ) must approve pesticide container burning or incineration.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94; AMD, 2019 MAR p. 1523, Eff. 9/7/19.

Mont. Admin. R. 4.10.808 Handling Pesticide Containers Being Rinsed, Recycled, Reconditioned, Disposed or Refilled

(1) Any person rinsing or preparing a pesticide container for disposal, recycling, reconditioning or refilling must follow the personal protective procedures and precautions on the pesticide label. These may include use of non-absorbent gloves, coveralls, apron, hat and footwear; approved respiratory protection devices; and eye protection.

(2) No person shall use, reuse, offer for sale, exchange or give away an empty or rinsed pesticide container for any purpose, except as allowed by these rules.

(3) Any person licensed, certified or permitted under the Montana Pesticides Act or persons that are required to possess such credentials shall be responsible for training, supervising and monitoring employees or any other person involved with the rinsing and/or disposal of pesticide containers. The responsibilities include educating and training employees or other persons on labeling precautions and directions; the rules contained in this sub-chapter; and appropriate measures to protect agriculture, human health and the environment.

(4) Empty or rinsed pesticide containers shall be stored within an enclosure that restricts entry by unauthorized persons. Transportation of empty or rinsed pesticide containers shall be in a manner that protects human health and the environment.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-105 MCA
History: NEW, 1994 MAR p. 1988, Eff. 7/22/94.

Subchapter 4.10.10 Civil Penalties

Mont. Admin. R. 4.10.1001 Definitions

As used in this part the following definitions apply:

(1) "Animal poisoning" means a pesticide exposure to humans, livestock or domestic and wild animals resulting in acute and/or chronic illness, harm or death normally verified respectively by a physician, a veterinarian or a recognized wildlife pathologist. This verification should include documentation either by a laboratory bioassay, analytical confirmation, or another department approved scientific method.

(2) "Exposure" means the process and/or result of introducing a pesticide by any method or route onto or into humans, livestock, animals, crops, plants or the environment. Entry into treated areas in violation of a restricted entry interval, failure to provide required protective equipment (PPE) or clothing, failure to provide required decontaminating facilities or failure to provide required facilities for care, storage or cleaning PPE or clothing constitutes exposure.

(3) "Harm" means the exposure due to the improper use or misuse of a pesticide by direct application or otherwise resulting from application or use, resulting in but not limited to:

(a) physical or biological acute, subacute or chronic pesticide damage, injury or poisoning to humans, livestock, animals, crops, plants or to the environment;

(b) pesticide residues that prevent the planting, harvesting production, grazing, consumption or sale of crops, livestock, plants or animals;

(c) contamination of potable drinking water or contamination of ground or surface waters or air exceeding state or federal standards.

(4) "Pesticide poisoning" means animal or plant poisoning which may result in discernible adverse effects on the physical structure, growth, population level, or reproduction rates of organisms verified by qualified animal or plant specialists in combination with either a laboratory bioassay, laboratory analytical confirmation or another department approved scientific method.

(5) "Plant poisoning" means a pesticide exposure to plants or crops resulting in the acute or chronic destruction, loss, reduction or damage to the plants, verified by either a recognized plant pathologist, botanist or a trained department pesticide specialist. This verification should include documentation from either a laboratory bioassay, a laboratory analytical confirmation or another department approved scientific method.

(6) "Proven exposure" in cases of misuse means:

(a) to establish the validity or authenticity of exposure by documentation of pesticide residues on or in humans, agricultural commodities or livestock by laboratory analysis or bioassay;

(b) documentation of exposure by other investigative or scientific methods including signs and symptoms caused by exposure to pesticides;

(d) documentation of failure to provide protective equipment, clothing, decontamination facilities, or facilities for care, storage or cleaning of personal protective equipment required by a pesticide label.

(7) "Proven harm" in cases of misuse means to establish the validity or authenticity of exposure, harm or poisoning by demonstrating adverse effects through verification by a recognized animal, plant, human health, or pesticide specialist, which may include documentation of the pesticide by laboratory analytical or bioassay confirmations or other approved scientific methods.

(8) "Significant harm" means having a measurable or verified observation of adverse effect(s) , on health, environment, agricultural crops or livestock.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86; AMD, 1999 MAR p. 404, Eff. 3/12/99.

Mont. Admin. R. 4.10.1002 Enforcement

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 8, MCA or any adopted rule thereunder has occurred and the department finds it is in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Montana Administrative Procedure Act.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86.

Mont. Admin. R. 4.10.1003 Ability to Stay in Business

(1) Where a determination of the appropriate amount of the penalty must be made under 80-8-306(5)(d), MCA the "effect on the person's ability to stay in business" will be considered when the charged person submits bonafide financial information accompanied by appropriate documentary evidence. The charged person may request a reduction in a civil penalty or an alternate payment schedule.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86; AMD, 1999 MAR p. 404, Eff. 3/12/99; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.10.1004 Other Penalties

(1) If the nature of a particular enforcement proceeding so warrants, the department may, in the interest of judicial economy, combine a disciplinary proceeding under 80-8-211, MCA (suspension or revocation of licenses and permits) or other violations of the act or rules adopted thereunder with a proceeding under 80-8-306(5) , MCA. However, any appeal from resulting disciplinary action against the license or permit or other violations, shall be reviewed pursuant to the procedure established by the Montana Administrative Procedure Act.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86.

Mont. Admin. R. 4.10.1005 Penalty Determination

(1) Each violation of the Montana Pesticides Act and/or rules adopted thereunder is considered a separate offense. Each offense is subject to a separate penalty not to exceed $2,500, with the exception of private farm applicators whose penalty cannot exceed $500 for the first offense.

(2) The penalty matrixes in this rule establish the penalty for each offense that is a major violation or reoccurrence of a major violation. The values in parentheses establish the penalty for private farm applicators possessing a permit. The gravity of the violation, the degree of care exercised, and the degree of harm to health, environment, agricultural commodities, or livestock may decrease or increase the penalties listed below. The department shall have the option to select the most appropriate penalty and penalty value for each violation.

(3) Where a penalty is assessed for reoccurrence of a violation within two years of the first violation, the two year period will start on the date that the preceding violation occurred. All appeals procedures and rights to contest and a final order concluding the violation must be completed for the preceding violation(s).

(4) Penalties are assessed according to the following penalty matrix:

(a) misuse resulting in proven exposure or proven harm to:

(b) misuse resulting in proven harm to environment:

(d) use or sale of an unregistered pesticide:

(e) failure to maintain any individual pesticide application and sales records:

(f) use of a pesticide without having obtained the required license or permit:

(g) sale of a pesticide without having obtained the required license:

(h) noncompliance with pesticide worker protection standards and labeling:

(i) noncompliance with pesticide ground water and environmental protection agency endangered species standards and labeling:

(j) noncompliance with pesticide or pesticide container disposal, labeling or handling requirements and standards:

(k) reoccurrence of any identical violation of this chapter (Title 80, chapter 8, MCA) within two years of the first violation excluding the major violations set forth above:

Violation | 1st Offense | 2nd Offense | 3rd and Subsequent Offense Humans or human health Proven exposure Illness Chronic illness or death | $ 500 (100) 1,000 (200) 2,500 (500) | $1,000 2,500 2,500 | $2,500 2,500 2,500 Agricultural commodities Proven exposure Reduced yield or price Damage or residues that prevent marketing Destruction | $ 250 (50) 750 (150) 1,000 (200) 2,000 (400) | $ 500 1,500 2,000 2,500 | $1,000 2,000 2,500 2,500 Livestock Proven exposure Illness or residues that prevent marketing of livestock or by-products Death | $ 250 (50) 1,000 (200) 2,500 (500) | $ 500 2,000 2,500 | $1,000 2,500 2,500

Surface or ground water | | | Poisoning or harm to aquatic plants or animals | $ 500 (100) | $1,000 | $2,500 Domestic, livestock, or irrigation purposes or other beneficial uses affected | 1,000 (200) | 2,000 | 2,500 Residues equal or exceed state or federal standards | 1,000 (200) | 2,500 | 2,500 Soil | | | Residues that prevent growth of plants | 500 (100) | 1,000 | 2,500 Structure or biota adversely affected | 500 (100) | 1,000 | 2,000 Animals | | | Illness or harm | 500 (100) | 1,000 | 2,500 Death | 1,000 (200) | 2,000 | 2,500 Residues that prevent or restrict consumption by humans | 1,000 (200) | 2,000 | 2,500 Plants other than agricultural commodities | | | Damaged, normal the following season | 500 (100) | 1,500 | 2,500 Damaged, abnormal the following season | 1,000 (200) | 2,000 | 2,500 Destroyed | 2,000 (400) | 2,500 | 2,500 Air | | | Contaminated at or above state or federal health standards | 1,000 (200) | 2,500 | 2,500

General | $1,000 (200) | $2,000 | $2,500 Restricted | 1,500 (300) | 2,500 | 2,500 Canceled or suspended | 1,500 (300) | 2,500 | 2,500

General use pesticides | $250 (50) | $500 | $1,000 Restricted use pesticides | 500 (100) | 750 | 1,500

Commercial, government, public utility or non-commercial applicators or operators or private farm applicators | | | General | $ 500 | $1,500 | $2,500 Restricted | 1,000 | 2,000 | 2,500 Permitted private farm applicator restricted | 250 | 1,000 | 2,000

General | $ 500 (100) | $1,500 | $2,500 Restricted | 1,000 (200) | 2,000 | 2,500

Misuse violations not causing proven exposure of humans, agricultural commodities or livestock; or proven harm to human health, commodities, livestock or the environment | $ 250 (50) | $500 | $1,000 Retaliation by an employer against workers or handlers | 1,000 (200) | 1,500 | 2,500 Failure to provide emergency assistance | 1,500 (300) | 2,000 | 2,500 Sale of a misbranded pesticide not having the required worker protection label language | 500 (100) | 1,500 | 2,500

Misuse violations not causing proven exposure of humans, agricultural commodities or livestock; or proven harm to human health, commodities, livestock or the environment | $250 (50) | $500 | $1,000

Type of Reoccurrence | 1st Reoccurrence | 2nd Reoccurrence | 3rd Reoccurrence Violations dealing with permits, licenses and/or reports | $ 500 | $1,000 | $2,500 Violations dealing with general use pesticides | 500 | 1,000 | 2,500 Violations dealing with restricted use pesticides | 1,000 | 2,000 | 2,500 All other violations | 500 | 1,000 | 2,500

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86; AMD, 1999 MAR p. 404, Eff. 3/12/99; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Mont. Admin. R. 4.10.1006 Gravity of Violations

(1) The department, in determining the gravity of a major violation as set forth in 80-8-306(5) (e) , MCA, will consider certain factors. These factors are normally established by statute, rules, labeling and similar standards or requirements and will be documented to the violator. The factors set forth below are examples of standards that may used. They are neither inclusive or necessarily additive in substance, order presented, or number.

(a) a restricted use pesticide is involved versus a general use pesticide;

(b) a more toxic pesticide is involved;

(d) pesticide residue levels exceed established federal tolerances or action levels;

(e) pesticide residue levels exceed established federal or state standard or health guidelines for surface or ground water;

(f) the extent, type, kind, nature and severity of exposure or harm to human health, commodities, environment, or livestock;

(g) the person's history of compliance with the Montana Pesticides Act, rules, and department orders illustrates continued noncompliance or disregard for compliance;

(h) whether ambient air levels of a pesticide exceed state or federal standards or guidelines;

(i) timeliness in correcting a violation;

(j) cooperation during an inspection or investigation;

(k) multiple violations are present;

(l) violations that have potential to result in exposure or harm;

(m) timely and voluntary settlement of damages;

(n) the person has knowledge of the act or rules which were violated.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86; AMD, 1999 MAR p. 404, Eff. 3/12/99.

Mont. Admin. R. 4.10.1007 Degree of Care - Misuse

(1) For purposes of these rules implementing civil penalties, conduct that falls within the definition of misuse under 80-8-306(5) (e) (i) , MCA shall constitute misuse per se, without regard to the standard of care exercised. However, the charged party may present evidence of standard of care exercised, which may be considered by the department for purpose of determining and mitigating the amount of penalty [ 80-8-306(5) (d) , MCA]. Such evidence will be evaluated and categorized as follows:

(a) misuse which occurs through little or no negligence of the charged party may mitigate the penalty;

(b) misuse which occurs through negligence may have a neutral effect in either mitigating or enhancing the penalty;

(2) In further determining the applicability of the above categories, the following definitions will apply:

(a) no negligence means an inadvertent violation which was unavoidable by the exercise of reasonable care;

(b) negligence means a failure to exercise reasonable care;

(c) reasonable care means that degree of care demonstrated with a knowledge of the nature and probable consequences of the act or omission that a prudent man would ordinarily exercise in acting in his own concerns;

(d) gross negligence means knowing, intentional or reckless conduct.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86; AMD, 1999 MAR p. 404, Eff. 3/12/99.

Mont. Admin. R. 4.10.1008 Degree of Care - Violations Other Than Misuse

(1) For purposes of 80-8-306(5) (b) (ii) through (vi) , MCA a violation is deemed to have occurred if the conduct falls under any of the enumerated categories, without regard to the standard of care exercised. However, the department may consider evidence thereof for purposes of determining and mitigating the amount of penalty. To the extent they are applicable, the department will evaluate the standard of care in the same manner as is stated for determining misuse under ARM 4.10.1007.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1986 MAR p. 1013, Eff. 6/13/86.

Mont. Admin. R. 4.10.1009 Noncompliance with Pesticide Worker Protection Standards and Labeling

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

(2) Persons using pesticides referencing the worker protection standard, labeled 40 CFR, part 156, subpart K, must comply with worker protection statements and the worker protection standard. Failure to comply constitutes use of a pesticide in a manner inconsistent with the label.

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

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-306, MCA
History: NEW, 1999 MAR p. 404, Eff. 3/12/99; AMD, 2019 MAR p. 1523, Eff. 9/7/19.

Mont. Admin. R. 4.10.1010 Noncompliance with Pesticide Ground Water and Environmental Protection Agency Endangered Species Standards and Labeling

(1) The following are considered violations:

(a) failure to comply with label or labeling directions relating to ground water or endangered species requirements including requirements in bulletins referenced by labels;

(b) failure to comply with administrative rules requiring containment, spill reporting, spill cleanup, or emergency response plans; or

(c) failure to comply with ground water specific management plans adopted as administrative rules pursuant to Title 80, chapter 15, MCA.

(2) For the purpose of determining civil penalties, any such violations shall constitute misuse. If a misuse violation results in proven exposure of humans, agricultural commodities, or livestock, or proven harm to human health, agricultural commodities, livestock, or the environment, the amount of a civil penalty may be determined by using the penalty matrix established for 80-8-306(5) (e) (i) , MCA. Other violations will be subject to civil penalties established in ARM 4.10.1005(4) (i) of the civil penalty matrix.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1999 MAR p. 404, Eff. 3/12/99.

Mont. Admin. R. 4.10.1011 Noncompliance with Pesticide or Pesticide Container Disposal, Labeling or Handling Requirements and Standards

(1) The following are considered violations:

(a) failure to comply with label directions for disposal of a pesticide;

(b) failure to comply with ARM 4.10.801 through 4.10.808 (Rinsing and Disposing of Pesticide Containers);

(c) failure to comply with pesticide label directions for handling such as application instructions, storage, protective clothing or equipment, precautionary statements, restrictions, re-entry intervals, mixing and loading instructions and others; or

(d) distribution, sale, or offering for sale or delivering for transportation, or transport in intrastate commerce between points in the state any pesticide that is not labeled as required by ARM 4.10.1009 through 4.10.1011.

(2) For the purpose of determining civil penalties, violations in (1)(a) through (d) shall constitute misuse. If a misuse violation results in proven exposure of humans, agricultural commodities, or livestock, or proven harm to human health, agricultural commodities, livestock, or the environment, the amount of a civil penalty may be determined by using the penalty matrix established for 80-8-306(5)(e)(i), MCA. All other violations under this rule will be subject to civil penalties established in ARM 4.10.1005(4)(j) of the civil penalty matrix.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-306, MCA
History: NEW, 1999 MAR p. 404, Eff. 3/12/99; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.10.1012 Remedial Action in Lieu of Civil Penalties

(1) A person subject to a civil penalty or charged with a violation may submit a written application to conduct remedial action ( 80-8-306(3) , MCA) in lieu of all or part of a civil penalty. The department will consider remedial actions that exceed the requirements of statute, rules or orders and that:

(a) correct harm caused by pesticides to human health, agricultural commodities, livestock, or the environment;

(b) prevent the occurrence of harm; and

(2) The department will consider applications upon receipt of a written application or plan that describes in detail the remedial action, procedures, costs, the benefits of the remedial action, responsible persons, dates and schedules.

(3) The department may require that the persons submit written confirmation upon satisfactory completion of the action.

(4) Upon demonstration by the charged person that remedial actions are completed as approved by the department, the civil penalty or a portion thereof may be dismissed.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-306, MCA
History: NEW, 1999 MAR p. 404, Eff. 3/12/99.

Subchapter 4.10.11 Pesticide Reporting, Cleanup, and Containment

Mont. Admin. R. 4.10.1101 Definition of Terms

These definitions apply to all rules adopted under the Montana Pesticides Act, Title 80, chapter 8, MCA.

(1) "Appurtenances" means all valves, pumps, fittings, pipes, hoses, metering devices and mechanical devices which are connected to a pesticide storage container or are used to transfer a material into or out of a storage container.

(2) "Bulk pesticide" means any pesticide which is transported or held in an individual container in undivided quantities of greater than 55 U.S. gallons liquid measure or 100 pounds net dry weight.

(3) "Dry pesticide" means any pesticide which is in solid form.

(4) "Liquid pesticide" means any pesticide in liquid form.

(5) "Operational activities" means transferring, loading, unloading, mixing, repackaging, and refilling pesticides; and emptying, cleaning, or rinsing refillable containers.

(6) "Permanent storage facility" or "PSF" means a facility or location where any primary containment capable of storing more than 500 U.S. gallons or 4,500 pounds of formulated bulk pesticides is in-service for more than 14 consecutive days. Primary containment capable of being moved and not in-service at a single site for more than 14 days is not a PSF. PSF will include primary containment and secondary containment.

(7) "Precipitation" means rain, snow, sleet or hail.

(8) "Primary containment" means a dedicated container or vessel effectively designed and constructed to contain a pesticide. Application equipment is excluded.

(9) "Secondary containment" means a device or an area or structure designed, constructed and maintained to hold or confine or prevent a discharge of pesticides from primary containment and appurtenances.

(10) "Spill" means a release, leak, discharge, disposal or escape of pesticides or pesticide mixtures into the environment, whether accidentally or not, including the discarding or abandonment of pesticide containers, but excludes the use or disposal of pesticides or pesticide containers in a manner consistent with approved labels and in compliance with the Montana Pesticides Act and the Federal Insecticide, Fungicide and Rodenticide Act, as amended.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99; AMD, 2010 MAR p. 909, Eff. 4/16/10.

Mont. Admin. R. 4.10.1102 General Spill Cleanup, Reporting, and Containment Requirements

(1) All persons shall contain, confine and clean up spills of pesticides or pesticide mixtures.

(a) an immediate response to pesticide spills should be undertaken according to local emergency operations plans; and responsible persons can, where appropriate, contact the local emergency operations jurisdiction or the state 24-hour number for disaster and emergency services at (406)444-6911.

(2) All persons shall report to the department within 48 hours spills occurring as a result of their use of pesticides or spills of pesticides in facilities or from equipment under the control of that person.

(a) spills confined within secondary containment are exempt from the reporting requirement.

(b) spills of pesticides not exceeding an aggregate amount of 5 U.S. gallons or 100 U.S. dry pounds are exempt from reporting. The aggregate amount includes formulated product, diluent and other additives.

(i) the specific location of the pesticide spill, including legal description, landmark references or address. The location shall be described in terms that are adequate for the department or emergency responders to locate the spill;

(ii) the manufacturer's name and complete trade name of the product or products spilled;

(iii) the amount of pesticide spilled; and

(iv) the name, address and telephone number of the person reporting the spill or the person who is the primary contact.

(3) All pesticides or contaminated material recovered from a spill shall be placed in containers.

(a) the container(s) must have the following information on a label attached to the container:

(i) date the material was recovered into the container(s) ;

(ii) the active ingredient(s) , trade name, and formulation;

(iii) environmental protection agency registration number for each product;

(iv) signal word; and

(v) name, address and telephone number of the responsible person.

(b) contained materials must be stored, recycled, used or disposed of in accordance with label instructions, rinsing and disposing of pesticide containers as per ARM 4.10.801, and all state and federal disposal regulations.

(4) All persons not subject to ARM 4.10.1103 through 4.10.1109, constructing a mixing and loading or containment facility may follow the bulk pesticide containment rules or the guidelines in the publication "Designing Facilities for Pesticide and Fertilizer," David W. Kammel, MidWest Service, or similar construction guidelines.

(5) Persons using water to mix or load pesticides or to clean or rinse pesticide equipment or containers shall use a backflow prevention device or procedures, such as an air gap or check valve, to prevent contamination of all water sources. Any person using a public water supply must comply with ARM 17.38.301 and 17.38.305.

(6) Any person that causes pesticide contamination of soil or water through faulty, careless or negligent mixing, loading, transferring, or storage of pesticides may be required by the department to construct containment for the control of pesticide spills. Implementation of this provision does not preclude the department from initiating other remedial or enforcement actions authorized by Title 80, chapter 8, MCA.

(7) Persons, whether licensed or not, who use or sell pesticides are responsible for remediating spills caused during their use or sale of pesticides or caused by persons under their supervision or employment.

(8) The department encourages all persons mixing, loading or transferring pesticides, and using or cleaning pesticide application equipment to have an emergency spill response plan as set forth in ARM 4.10.1108.

(9) Upon the written request by a person, the Montana department of agriculture may approve a deviation from this rule if the deviation maintains the intent of the rule. This request shall describe the proposed deviation and reason for the deviation.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99.

Mont. Admin. R. 4.10.1103 General Requirements at Permanent Storage Facilities

(1) Any person constructing or operating a new PSF or making an addition to an existing PSF must comply with ARM 4.10.1101 through 4.10.1109.

(2) A person who operates a PSF prior to April 30, 2010, shall, within two years, bring their facility into compliance with ARM 4.10.1101 through 4.10.1109.

(3) Mobile containers such as railcars or tank trucks used to transfer pesticide to or from a PSF must use catch basins that may be temporary and portable, to recover spills from connections.

(4) Protection against vandalism or unauthorized access shall be provided for at a PSF. Valves on primary containment shall be closed, locked or otherwise secured when not in use.

(5) Floor drains are not permitted in facilities designed to contain spills of pesticide and pesticide mixtures unless:

(a) complete and reasonable access for routine inspections is provided for the entire system.

(b) all parts of the drain and its systems are constructed above the normal ground plane of the immediate surrounding area.

(d) discharge outlets, valves and gravity drains on existing secondary containment that do not comply with this rule shall be sealed upon adoption of these rules.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99; AMD, 2010 MAR p. 909, Eff. 4/16/10.

Mont. Admin. R. 4.10.1104 Primary Containment Standards for Bulk Pesticides

(1) Formulated bulk pesticides in undivided quantities of more than 500 U.S. gallons or 4,500 pounds, stored for more than 14 consecutive days, shall be in primary containment meeting the following requirements:

(a) primary containment and appurtenances shall be constructed, installed and maintained to prevent a spill of pesticide.

(b) primary containment and appurtenances shall be of materials which are resistant to corrosion, puncture and cracking.

(c) materials used in the construction or repair of primary containment and appurtenances may not be of a type which react chemically or electrolytically with stored pesticides in a way which may weaken the storage container or appurtenances, or create a risk of discharge.

(d) materials used for valves, fittings and repairs shall be compatible with the materials used in the primary containment.

(e) primary containment and appurtenances shall handle all operation stresses, taking into account static head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the primary containment and appurtenances may be subject in the foreseeable course of operations.

(f) every primary containment connection, except a safety relief valve and conservation vent connection, shall be equipped with a manual shut-off valve.

(g) appurtenances shall be adequately supported to prevent sagging and possible breakage because of gravity and other forces encountered in the ordinary course of operation.

(h) primary containment and appurtenances shall be protected against reasonably foreseeable risks of damage by moving vehicles or objects.

(i) primary containment, not in-service for longer than two years shall be thoroughly cleaned with all hatches secured and all valves or connections secured. Vents shall be functional. An integrity test shall be performed before primary containment can be placed back in service.

(j) primary containment shall be anchored or secured or elevated to prevent instability or flotation as a result of liquid accumulations within the secondary containment.

(k) primary containment may not be filled beyond the capacity for which it is designed, taking into account the density of the liquid being stored and thermal expansion during storage.

(l) primary containment retaining liquid shall be equipped with a liquid level gauging device by which the level of liquid in the storage container can be readily and safely determined. A gauging device is not required if the liquid in the container can be measured safely by other means. The gauging device shall be secured to protect against breakage or vandalism which may result in a discharge. External sight gauges must be equipped with an automatic shut-off valve.

(m) primary containment used for liquid pesticide shall be equipped with a conservation vent which opens and closes within the designed pressure limits of the container.

(n) All primary containment shall be labeled in accordance with the labeling requirements set forth in the Code of Federal Regulations Title 40, parts 152 and 156 (July 1, 1996) , which are hereby incorporated by reference. Copies of 40 CFR, parts 152 and 156 are available upon request to the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201. The registered product label shall be attached to primary containment in a prominent location. The label shall be complete and legible.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99.

Mont. Admin. R. 4.10.1105 Secondary Containment at Permanent Storage Facilities

(1) Any individual primary containment capable of storing more than 500 U.S. gallons or 4,500 pounds and in-service for more than 14 consecutive days and its associated appurtenances must be placed within secondary containment that meets the following requirements:

(a) secondary containment not protected from precipitation shall contain at least 125% of the volume of the largest primary containment within the secondary containment plus the displacement of all other primary containment, appurtenances, and other items which cause displacement within the secondary containment.

(b) secondary containment located indoors or under a roof to prevent accumulation of precipitation shall contain at least 110% of the volume of the largest primary containment plus the displacement of all other primary containment, appurtenances, and other items which cause displacement within the secondary containment.

(c) the walls and floors of secondary containment shall be constructed of steel, poured reinforced concrete, precast concrete modules, solid masonry, synthetic liners, or other materials that will provide secondary containment. Floors and walls constructed of clay, natural soil, natural soil clay mixtures or clay bentonite mixtures are prohibited. Materials used in the secondary containment shall be chemically compatible with the pesticides being stored. A written conformation of compatibility from the manufacturer and kept on file at the PSF or at the nearest office from which the PSF is administered is recommended.

(d) walls shall withstand a full hydrostatic head of any spill, and shall be sealed to prevent leakage.

(e) piping through the outside walls of a secondary containment is prohibited.

(f) the secondary containment floor shall slope to a liquid tight collection point or sump that allows spilled or deposited material to be easily removed. Any pump used for recovering materials from the secondary containment shall be manually activated.

(g) synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer, a contractor certified by the manufacturer, or a certified engineer. All seams shall be tested and repaired, if necessary, in accordance with the manufacturer's recommendation. A record regarding installation date, life expectancy and chemical compatibility must be kept.

(h) a prefabricated secondary containment shall be composed of a rigid prefabricated basin having a base and walls constructed of steel or synthetic materials which are resistant to corrosion, puncture and cracking.

(i) the prefabricated secondary containment shall withstand all foreseeable loading conditions, including the primary containment load and a full hydrostatic head of any spill. Multiple basins shall be connected in a manner which assures an adequate transfer of discharge between basins.

(j) discharge outlets, valves or gravity drains shall comply with ARM 4.10.1103(5) .

(k) secondary containment for pesticides must be separate from containment for fertilizer, but they may have a common wall or partition.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99.

Mont. Admin. R. 4.10.1106 Operational Activities for Bulk Pesticides at a Psf

(1) Operational activities must meet the following standards:

(a) if operational activities are conducted within secondary containment, the containment shall comply with ARM 4.10.1105 and must withstand the weight of any vehicles and storage containers used within the secondary containment.

(b) a person conducting operational activities outside of secondary containment must conduct these activities on a containment pad.

(c) the containment pad must have a capacity of at least 750 gallons. If the largest container to be used on the containment pad is less than 750 gallons, the capacity of containment pad must be 100 percent of the largest pesticide container or pesticide holding equipment used on the pad.

(d) the surface area of the containment pad must extend completely beneath any container used on the pad. For transport vehicles, excluding railcars, the surface area of the pad must extend beyond any valve or hose coupling used in the transfer of pesticide materials.

(e) the containment pad must be constructed in a manner that permits removal and recovery of spilled, leaked, or discharged materials and rainfall. The surface of the pad must be sloped toward an area where liquids can be collected for removal.

(f) the containment pad must be constructed of materials and with specification as required for secondary containment in ARM 4.10.1105.

(g) temporary or portable catch basins must be used under fittings or connections not located over a containment pad during pesticide transfers. An attendant must be present during all operational activities.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99; AMD, 2010 MAR p. 909, Eff. 4/16/10.

Mont. Admin. R. 4.10.1107 Recovery, Use or Disposal of Spills, Debris, Precipitation and Wash Water at a Permanent Storage Facility

(1) Precipitation or other liquids or debris shall not be allowed to accumulate in secondary containment to the point where required containment capacity is not maintained. Spills, debris, precipitation or wash water in secondary containment shall be recovered immediately if the capacity is reduced to less than required by ARM 4.10.1105(1) (a) and (b) .

(2) The department must be immediately notified of any spills outside of the secondary containment in accordance with ARM 4.10.1102(2) .

(3) Recovered pesticides and contaminated materials shall be labeled, and stored, recycled, used, or disposed of in accordance with ARM 4.10.1102(3) .

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99.

Mont. Admin. R. 4.10.1108 Spill Response Plan

(1) A written emergency response plan shall be prepared for a PSF.

(2) The plan shall include, but not be limited to, the following elements:

(a) the names and telephone numbers of the persons and agencies who are to be contacted in the event of a spill.

(b) a material safety data sheet for each pesticide stored at the facility and a copy of its label and labeling.

(c) the procedures used for controlling and recovering a spill for each type of pesticide stored. These procedures should be kept current.

(d) an inventory of all pesticides and their total volume at the PSF. An inventory shall be updated at least monthly and when a shipment of greater than 500 U.S. gallons or 4,500 pounds of product in undivided quantities is received or dispatched.

(e) the type of emergency equipment and supplies and their location to protect personnel, to contain, recover and store in the event of a spill.

(f) at least one copy of the emergency response plan shall be located at the PSF and a second copy maintained off the premise to ensure its availability in case of an emergency. A responsible person shall be knowledgeable of the locations of plans.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99.

Mont. Admin. R. 4.10.1109 Records, Inspection, and Maintenance Recommendations

(1) Any person operating a PSF shall maintain written records of all inspections and maintenance of the PSF for at least two years that include:

(a) the name of the person conducting the inspection or maintenance;

(b) date of the inspection;

(d) specific maintenance performed.

(2) All appurtenances and primary containment holding bulk pesticides must be inspected weekly for damage and leakage. Secondary containment and containment pads must be inspected at least monthly during the use season for cracks or other damage to the containment structures which may permit discharge outside the containment structures.

(3) Regular maintenance of PSF, secondary containment, and containment pads must be performed to ensure that the integrity of the sites is maintained.

(4) Repair of seals, cracks, gaps, or other damage in containment structures or appurtenances must be initiated upon discovery and completed within a time frame that is reasonable.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1999 MAR p. 54, Eff. 1/15/99; AMD, 2010 MAR p. 909, Eff. 4/16/10.

Subchapter 4.10.12 1080 Livestock Protection Collars

Mont. Admin. R. 4.10.1201 General

(1) The department establishes rules regarding the registration and restricted use of 1080 livestock protection collars to control coyotes (Canis latrans) that depredate sheep and goats.

(2) Registrants of the collar, dealers selling the collar, and applicators using the collar are subject to future labeling restrictions and requirements designated by the department.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1986 MAR p. 775, Eff. 5/16/86; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Mont. Admin. R. 4.10.1202 Registration

(1) Registration of the collars for sale or distribution in the state is limited to state and federal registrants only.

(2) The registrant may not sell, transfer, transport, give away, or entrust collars to any individual who is not properly licensed or permitted by the department.

(3) Only the registrant or the collar manufacturer is authorized to fill collars with 1080 solution.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1986 MAR p. 775, Eff. 5/16/86; AMD, 1991 MAR p. 194, Eff. 2/15/91; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Mont. Admin. R. 4.10.1203 Dealer Sales

(1) The department or a federal agency may become licensed dealers for the sale and distribution of the collars. The dealer must maintain an inventory record of collars purchased, sold, distributed, given away, or entrusted. The record must include the date of sale, the applicator's name, address, phone number, license or permit number, EPA registration number, expiration date, and the number of collars.

(2) The dealer may only sell, give away, or entrust collars to properly licensed or permitted applicators.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1986 MAR p. 775, Eff. 5/16/86; AMD, 1991 MAR p. 194, Eff. 2/15/91; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Mont. Admin. R. 4.10.1204 Applicator Classification and Requirements

(1) An individual who uses collars must be a licensed or permitted applicator as required in ARM 4.10.201 or 4.10.401. All individuals must pass a written examination as required in ARM 4.10.203(3)(a) and (4)(a) and attend a training course sponsored by the department. The training course includes, but is not limited to:

(a) The safe use, handling, and attachment of collars;

(b) Disposal of punctured or leaking collars, contaminated animal remains, contaminated vegetation and soil, and contaminated clothing;

(d) Record keeping requirements;

(e) Montana pesticide laws and rules; and

(f) Collar labeling.

(2) Applicators maintaining their license for four consecutive licensing periods are required to follow ARM 4.10.203(5)(a) and (b), (6), and (7).

(3) Applicators using the Livestock protection collar must have the "Technical Bulletin for the Livestock Protection Collar" in their possession and must use collars in accordance with the Livestock Protection Label.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, 1986 MAR p. 775, Eff. 5/16/86; AMD, 1996 MAR p. 545, Eff. 2/23/96; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Subchapter 4.10.14 Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices

Mont. Admin. R. 4.10.1401 General

(1) The department establishes rules regarding the registration and restricted use of M-44 cyanide capsules in M-44 ejector devices to control canids as allowed by the product label that depredate livestock and poultry, vector communicable disease, or harm populations of threatened and endangered species.

(2) Registrants of the cyanide capsules and applicators using the capsules in the M-44 devices, cyanide spring-loaded ejector mechanisms, are subject to future labeling restrictions and requirements by the department.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Mont. Admin. R. 4.10.1402 Registration

(1) Registration of the M-44 cyanide capsules for sale or distribution in the state is limited to state and federal registrants only.

(2) Registrants must not sell, transfer, transport, give away, or entrust M-44 cyanide capsules to any individual who is not properly licensed or permitted by the department.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 1991 MAR p. 195, Eff. 2/15/91; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Mont. Admin. R. 4.10.1403 M-44 Cyanide Capsule Dealer Sales

(1) The department or a federal agency may become licensed dealers for the sale and distribution of M-44 cyanide capsules. The dealer must maintain an inventory record of capsules purchased, sold, distributed, given away, or entrusted. The record must include the date of sale, the applicator's name, address, phone number, license or permit number, EPA registration number, expiration date, and the number of capsules.

(2) The dealer may only sell, give away, or entrust M-44 cyanide capsules to properly licensed or permitted applicators.

(3) Dealer sales and distribution of M-44 cyanide capsules to licensed or permitted applicators may be limited at the discretion of the department. Federal or state agencies providing capsules to their employees are not limited by this restriction.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 1991 MAR p. 195, Eff. 2/15/91; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Mont. Admin. R. 4.10.1404 Applicator Classifications and Requirements

(1) An individual who uses cyanide capsules in M-44 devices must be a licensed or permitted applicator as required in ARM 4.10.201 or 4.10.401. All individuals must pass a written examination as required in ARM 4.10.203(3)(a) and (4)(a) and attend a training course sponsored by the department. The training course includes, but is not limited to:

(a) The safe use and handling of the capsules and the M-44 ejector device;

(b) The proper use and handling of personal protective equipment;

(d) Federal, state, and local laws and regulations on the cyanide capsules and M-44 devices;

(e) Labels, biology of wild canids, environmental considerations, disposal, and storage; and

(f) Record keeping requirements.

(2) Applicators maintaining their license for four consecutive licensing periods are required to follow ARM 4.10.203(5)(a) and (b), (6), and (7).

(3) Licensed commercial M-44 applicators are exempt from the financial responsibilities required in ARM 4.10.101 through 4.10.103. These applicators must comply with all the requirements in ARM 4.10.104 through 4.10.108 on liability.

(4) Applicators using the M-44 device must have the Use Restriction Bulletin on their person and must use the M-44 device in accordance with the M-44 cyanide capsule label.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, Eff. 7/4/77; AMD, 1991 MAR p. 195, Eff. 2/15/91; AMD, 1996 MAR p. 545, Eff. 2/23/96; AMD, 2019 MAR p. 1629, Eff. 9/21/19.

Subchapter 4.10.15 Pesticide Terminology Rule

Mont. Admin. R. 4.10.1501 Definition of Terms

These definitions apply to all regulations and rules adopted under the Montana Pesticides Act, Title 80, chapter 8, MCA, unless specified differently by statute or individual rules.

(1) "Accident" means an unexpected, undesirable event caused by the use or presence of a pesticide that adversely affects man or the environment.

(2) "Act" means the Montana Pesticides Act, as amended, Title 80, chapter 8, part 2, MCA; and other legislation supplementary thereto and amendatory thereof.

(3) "Actions" means some procedure or decision taken or to be taken by the department against a person committing, having committed, or allegedly committed a prohibited act or violation of the Act.

(4) "Acute dermal LD 50 " means a single dermal dose of a substance, expressed as milligrams per kilogram of body weight, that is lethal to 50% of the test population of animals within a specified time period under specified test conditions as prescribed in the Registration Guidelines.

(5) "Acute LC 50 " means a concentration of a substance, expressed as parts per million parts of medium, that is lethal to 50% of the test population animals under test conditions as specified in the Registration Guidelines.

(6) "Acute oral LD 50 " means a single orally administered dose of a substance, expressed as milligrams per kilogram of body weight, that is lethal to 50% of the test population of animals under test conditions as specified in the Registration Guidelines, 40 CFR et seq., and adopted by the department.

(7) "Acute toxicity" means the property of a substance or mixture of substances to cause adverse effects in an organism through a single short-term exposure.

(8) "Agency" means the United States Environmental Protection Agency.

(9) "Agricultural commodity" means any plant or part thereof, or animal or animal product produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animal.

(10) "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.

(11) "Applicant" means a person who applies for a registration pursuant to 80-8-201, MCA; or a person who applies for a license pursuant to 80-8-203, MCA; 80-8-205, MCA; 80-8-207, MCA; 80-8-213, MCA; or a person who applies for a permit pursuant to 80-8-209, MCA; of the Act.

(12) "Application form" means the form approved by the department which must be completed in its entirety by persons requesting a registration, license, certified-license or permit.

(13) "Application of a pesticide" means the placement of a pesticide at or on the site where the pest control or other response is desired.

(14) "Authorized agent or representative" means any authorized employee of the department or an individual authorized by the department to act as an official representative of the department.

(15) "Calibration of equipment" means measurement of dispersal or output of application equipment and adjustment of such equipment to control the rate of dispersal, and droplet or particle size of a pesticide dispersed by the equipment.

(16) "Cancellation of license, permit, certificate" means the process by which the department invalidates a license, permit, or certificate.

(17) "Certificate" means the authorizing document issued by the department to a person who has qualified to use a restricted use pesticide(s), or in the case of registration, the authorization to sell, offer for sale, or distribute a pesticide in the state.

(18) "Certificate period" means one complete calendar year, January 1 through December 31, for which an individual has been issued a certificate by the department even though the person was not issued a certificate for the complete calendar year.

(19) "Certification" means the determination by the department that an individual is competent and thus authorized to use or supervise the use of restricted use pesticides.

(20) "Certified applicator" means any individual who is certified and licensed or issued a special use permit to use or supervise the use of any restricted use pesticide covered by his certification.

(21) "Chronic toxicity" means the property of a substance or mixture of substances to cause adverse effects in organisms upon repeated or continuous exposure over a period of at least one-half the lifetime of that organism.

(22) "Classification of applicator" means the process by which commercial, government, public utility, non-commercial, and private farm applicators are classified by the department according to type of operation, types or classes of pesticides use, or where and how the pesticide is to be used or applied.

(23) "Classification of pesticides" means the process by which the department under specific standards classifies a pesticide into general use or restricted use.

(24) "Commercial applicator certified license" means an authorization issued by the department to an individual to use and apply restricted use and general use pesticides for which he is qualified.

(25) "Common exposure route" means a likely way (oral, dermal, respiratory) by which a pesticide may reach and/or enter an organism.

(26) "Compatibility" means that property of a pesticide which permits its use with other chemicals without undesirable results being caused by the combination.

(27) "Competent or competency" means properly and legally qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and the associated responsibility.

(28) "Cooperative agreement" means an agreement of the department with any other local, county, state, other state, or federal agency or department for the purposes of carrying out the Act, for securing uniformity of rules, and for establishing reciprocal agreements on accepting licenses, permits, or certificates under certain conditions and standards.

(29) "Credential" means an authorizing document issued to an individual to sell pesticides under the supervision of a licensed dealer; or private farm applicator, family members, or employees allowing them to purchase or use restricted use pesticides under the supervision of the private farm applicator.

(30) "Degradation product" means a substance resulting from the transformation of a pesticide by physical, chemical, or biochemical means.

(31) "Denying, denial" means the process by which the department refuses to register a product, issue a license, grant a permit, or certify an individual.

(32) "Department" means the Montana Department of Agriculture.

(33) "Direct supervision" means the act or process whereby the use of a pesticide is made by a competent person acting under the verifiable instructions and supervision of a certified applicator, who has provided detailed guidance to the competent person for proper use of the pesticide; who has made provisions for contact in the event he is needed; and who is responsible for the actions of that person. The certified applicator must be physically present at the site of the use being supervised when required by the product labeling.

(34) "Director" means the director of the Montana Department of Agriculture or any officer or employee of the department to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead.

(35) "Disposal" means the process of discarding pesticides or pesticide containers in a permanent manner so as to avoid endangering or injuring public health, or causing unreasonable adverse effects on the environment.

(36) "Domestic application" means the application of a pesticide directly to humans or pets, application of a pesticide in, on, or around all structures, vehicles, or areas associated with household or home life, patient care areas of health related institutions or areas where children spend time, including but not limited to:

(a) gardens, noncommercial greenhouses, yards, patios, houses, pleasure marine craft, mobile homes, campers and recreational vehicles, noncommercial campsites, home swimming pools, and kennels;

(b) articles, objects, devices, or surfaces handled or contacted by humans or pets in all structures; vehicles or areas listed above;

(d) education, lounging, and recreational areas of preschools, nurseries, and day camps.

(37) "Drift" means movement of a pesticide during or immediately after application or use through air to a site other than the intended site of application or use.

(38) "Efficacy" means the capacity of a pesticide product when used according to label directions to control, kill, or induce the desired action in the target pest.

(39) "Examination" means a method or examining process in writing, which is used for determining competency of an individual prior to the issuance of a license, permit, or certificate. The licensing examination may include specific types of examinations to determine competency on required subjects.

(40) "Examination score" means the percentile score a person received on each and every examination taken.

(41) "Private farm applicator" means a person applying pesticide to his own crops or land. In the case of restricted use pesticides, a person certified as a private farm applicator to use or supervise the use of a restricted use pesticide for purposes of producing any agricultural commodity on lands owned, rented, or leased by their employer.

(42) "Federal act" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, by the Federal Environmental Pesticide Control Act of 1972 and other legislation supplementary thereto and amendatory thereof.

(43) "Fee" means the money payable by a person to the department for training, registration, licensing or permitting.

(44) "Final printed labeling" means the printed label and the labeling which will appear on or will accompany the pesticide product.

(45) "Financial interest" means the economic or monetary interest, compensation, or commission a person has invested or receives from an applicator business or operation other than hourly or monthly wages.

(46) "Financial responsibility" means proof of a commercial pesticide applicator, licensed or certified-licensed, that he has obtained and will maintain either an insurance policy, surety bond, or escrow account for his liability relating to the use and application of pesticides in the monetary amounts and conditions established by the department.

(47) "Forest" means a concentration of trees and related vegetation in nonurban areas, sparsely inhabited by and infrequently used by humans, and characterized by natural terrain and drainage patterns.

(48) "Front panel" means that portion of the label of a pesticide product that is ordinarily visible to the purchaser under the usual conditions of display for sale.

(49) "General use pesticides" means a pesticide that is classified for general use under specific criteria promulgated by the department and/or the agency.

(50) "Conditions of use for general use pesticides" means:

(a) a certified pesticide applicator may use and apply general use pesticides for which he is licensed anywhere within the state.

(b) a licensed pesticide operator, as an employee of a certified applicator, may use and apply general use pesticides for which the applicator is licensed and under his direct supervision within 100 miles of the certified applicator; beyond 100 miles, special supervision shall be required.

(c) an unlicensed employee of a certified applicator may use and apply general use pesticides only under the special supervision of the certified applicator or licensed operator employed by the certified applicator.

(51) "Government applicator certified license" means an authorization issued by the department to an individual to use and apply restricted use and general use pesticides for which he is qualified.

(52) "Group or class of pesticides" means those pesticides grouped or classified as related pesticides as established by the department. Such grouping or classes will primarily be based upon the chemical makeup or uses of pesticides.

(53) "Hazard" means the likelihood that use of a pesticide would result in an adverse effect on man or the environment in a given situation.

(54) "Host" means any plant or animal on or in which another lives for nourishment, development, or protection.

(55) "Immediate container" means that container which is directly in contact with the pesticide or device.

(56) "Inhalation LC 50 " means concentration of a substance, expressed in milligrams per liter of air or parts per million parts of air, that is lethal to 50% of the test population of animals under test conditions as specified in the Registration Guidelines.

(57) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(58) "Lateral movement" (in soils) means to transfer through soil. This is generally in a horizontal plane from the original site of application or use.

(59) "Leach" means to undergo the process by which pesticides in the soil are moved into a lower layer of soil or are dissolved and carried through soil by water.

(60) "License" means an authorization to apply or sell pesticides, issued by the department to a person who has qualified by meeting the conditions and standards of the Act and rules adopted thereunder.

(61) "Licensing period" means a complete calendar year, January 1 through December 31, for which a person has been issued a license by the department (even though the person was not issued a license for the complete calendar year).

(62) "Metabolite" means any substance produced in or by living organisms by biological processes and derived from a pesticide.

(63) "Misuse" means the use, handling, or release of a pesticide by a person in a manner inconsistent with the label or labeling or in violation of department pesticide application, storage, mixing, and loading rules or pesticide and container disposal rules (see 80-8-306(5)(e)(i), MCA).

(64) "Modification" means the process of altering, limiting, or modifying a license, permit, or certificate of a person by the department.

(65) "Mutagenic" means the property of a substance or mixture of substances to induce changes in the genetic complement of either somatic or germinal tissue in subsequent generations.

(66) "Noncommercial certified applicator" means an individual who cannot be classified as a commercial, public utility, or government certified applicator or who cannot be classified as a private applicator but desires the use of restricted use pesticides. A certified noncommercial application may only use restricted use pesticides on lands owned, rented, or leased by his employer or himself.

(67) "No discernible adverse effect" means no adverse effect observable within the limitations and sensitivity specified in the Registration Guidelines.

(68) "Nontarget organisms" means a plant or animal other than the one against which the pesticide is applied.

(69) "Oncogenic" means the property of a substance or mixture of substances to produce or induce benign or malignant tumor formations in living animals.

(70) "Order" means a lawful directive of the department directing a person to perform or cease a specific action or operation.

(71) "Ornamental" means trees, shrubs, and other plantings in and around habitations generally, but not necessarily, located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial, and institutional buildings.

(72) "Outdoor applications" means any pesticide application or use that occurs outside enclosed man-made structures or the consequences of which extends beyond enclosed man-made structures, including but not limited to pulp and paper mill water treatments and industrial cooling water treatments.

(73) "Permit" means a special use document, which may be referred to as a certificate, issued by the department to a private farm applicator to purchase, use, or apply restricted use pesticides.

(74) "Permit period" means a complete calendar year, January 1 through December 31, for which a person has been issued a permit or certificate by the department (even though the person was not issued a permit or certificate for the complete calendar year).

(75) "Practical knowledge" means the possession of pertinent facts and the ability to use them in dealing with specific problems and situations.

(76) "Administrative Procedure Act" means the Montana Administrative Procedure Act, Title 2, chapter 4, MCA and rules promulgated thereunder.

(77) "Protect health and the environment" means protection against any unreasonable adverse effects on the environment.

(78) "Protective equipment" means clothing or any other materials or devices that shield against unintended exposure to pesticides.

(79) "Qualification period" means the period of time for which a person is qualified for a license, certificate, or permit.

(80) "Records" means a procedure whereby a person is required to record, maintain, reveal, or submit certain data and information, required by the Act.

(81) "Reentry" means the action of entering an area or site at, in, or on which a pesticide has been applied.

(82) "Registered" means a product which is labeled as a pesticide or intended for use as a pesticide which has been approved by the department for sale, exchange, or distribution, for use or application in the state.

(83) "Registration guidelines" means the guidelines and standards used and published by the agency and adopted by the department in reviewing, approving, modifying, denying, suspending, or cancelling the registration of a pesticide formulation.

(84) "Regulated pest" means a specific organism considered by a state or federal agency to be a pest requiring regulatory restrictions, regulations, or control procedures in order to protect the host, man, and/or his environment.

(85) "Renewal or renewing" means the process and procedure by which a person renews a registration, license, permit, or certificate.

(86) "Requalification or requalify" means a process by which an individual becomes eligible by reexamination and/or retraining for a license, permit, or certificate.

(87) "Residue" means the active ingredient(s), metabolite(s), or degradation product(s) that can be detected in the crops, soil, water, or other component of the environment, including man, following the use of the pesticide.

(88) "Restricted use pesticide" means a pesticide that is classified for restricted use under specific criteria promulgated by the department and/or the agency.

(89) "Conditions for use for restricted use pesticides" means:

(a) a certified pesticide applicator may use and apply restricted use pesticides for which he is certified anywhere within the state;

(b) a licensed operator, as an employee of a certified applicator, may use and apply restricted use pesticides for which the certified applicator is licensed, only within 100 miles of the certified applicator while under his direct supervision;

(c) a licensed operator working beyond the 100 mile limit may use or apply restricted-use pesticides only under the special supervision of a certified applicator.

(90) "Revocation or revoking" means the process or procedure of the department to temporarily and/or permanently rescind a person's license, permit, or certificate.

(91) "Sale" means to sell, wholesale, offer or expose for sale, exchange, barter, or give away a pesticide or pesticide formulation in the state.

(92) "Special supervision" means that a certified applicator must be physically present at the time of use and application of a pesticide.

(93) "Standard" means the measure of knowledge and ability which must be demonstrated as a requirement for certification, or some criteria, measurement limitation or condition imposed by the department on a pesticide, process, license, permit, or certificate.

(94) "Storage" means the process whereby a person stores a pesticide or pesticide containers so as to prevent unreasonable adverse effects on the environment and protect the storage life of the product.

(95) "Subacute dietary LC 50 " means a concentration of a substance, expressed as parts per million in feed, that would be lethal to 50% of the test population of animals under test conditions as specified in the Registration Guidelines.

(96) "Subacute toxicity" means the property of a substance or mixture of substances to cause adverse effects in an organism upon repeated or continuous exposure within less than one-half the lifetime of that organism.

(97) "Susceptibility" means the degree to which an organism is affected by a pesticide at a particular level of exposure.

(98) "Teratogenic" means the property of a substance or mixture of substances to produce or induce functional deviations or developmental anomalies, not hereditable, in or on an animal, embryo, or fetus.

(99) "Toxicity" means the property of a substance or mixture of substances to cause any adverse effects.

(100) "Unreasonable adverse effects on the environment" means unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

(101) "Use" means the handling or release of a pesticide by a person in a manner that is consistent with the label or labeling and in compliance with department rules on application, storage, mixing, loading, pesticide and container disposal and required supervision.

(102) "Use-dilution" means a dilution specified on the label or labeling which produces the concentration of the pesticide for a particular purpose or effect.

(103) "Use pattern" means the manner in which a pesticide is applied and includes the following parameters of pesticide application: target pest; crops or animals treated; application site, application technique, rate, and frequency.

(104) "Violation" means an act or action not in conformity with the Act or rules adopted thereunder.

(105) "Volatility" means the property of a substance or substances to convert into vapor or gas without chemical change.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-105, MCA
History: NEW, Eff. 7/5/76; AMD, 7/4/77; AMD, 1978 MAR p. 505, Eff. 5/25/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1986 MAR p. 1071, Eff. 6/26/86; AMD, 1999 MAR p. 404, Eff. 3/12/99; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2024 MAR p. 128, Eff. 1/27/24; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.

Subchapter 4.10.18 Pesticide Disposal Program

Mont. Admin. R. 4.10.1801 General

(1) The department may establish standards and procedures for administering a waste pesticide and pesticide container collection, disposal and recycling program.

(2) The purpose and intent of these rules is to:

(a) reduce the amount of stored waste pesticides and empty pesticide containers in Montana;

(b) dispose of waste pesticides and empty pesticide containers in a manner safe to the environment and human health;

(d) permit the department to issue contracts to qualified entities who will conduct the operational aspects of a waste pesticide disposal program.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-111, 80-8-112 MCA
History: NEW, 1994 MAR p. 1280, Eff. 5/13/94.

Mont. Admin. R. 4.10.1802 Definitions

(1) "Acceptable pesticide" means a pesticide approved by the department for the disposal program. An acceptable pesticide shall also mean an empty pesticide container that contained an acceptable pesticide.

(2) "Contractor" means an entity or entities contracted by the department to conduct the disposal program.

(3) "Disposal program" means the collection of pesticides and pesticide containers for disposal, recycling or use by methods and procedures approved by the department.

(4) "Participant" means a person or persons authorized by the department to submit acceptable pesticides to the disposal program.

(5) "Recyclable" means a pesticide container rinsed according to label directions as addressed in the code of federal regulations (40 CFR 156.10) .

(6) "Unacceptable pesticide" means a pesticide that is not permitted to be incinerated according to state or federal regulations or an empty pesticide container that contained an unacceptable pesticide.

(7) "Exchangeable pesticide,, means a pesticide in a sealed, unopened container authorized by the disposal program for exchange from one person to another.

History

Authorizing statute(s): Sec. 80-8-105 MCA
Implementing statute(s): Sec. 80-8-111, 80-8-112 MCA
History: NEW, 1994 MAR p. 1280, Eff. 5/13/94.

Mont. Admin. R. 4.10.1803 Waste Pesticide Disposal Program

(1) Disposal program contractors must:

(a) register as a hazardous waste generator with the Montana Department of Environmental Quality (DEQ) and possess a hazardous waste identification number issued by DEQ. DEQ registration and a hazardous waste identification number are not required for a contractor involved solely with recyclable pesticide containers and exchangeable pesticides;

(b) possess or subcontract only with transporters that possess all necessary federal and state permits, licenses and registrations required for the transportation of hazardous waste; and

(c) certify that employees conducting the disposal program meet occupational safety and health administration safety and training requirements in 29 CFR 1910.120.

(2) The department may issue request for bid proposals (RFPs) and enter into written contracts to conduct disposal program operations. The department may require that responding entities provide specific information on methods and procedures contractors will use in conducting a disposal program. Contractor information may include but is not limited to:

(a) a collection site preparation and restoration plan to provide for safe transfer of acceptable pesticides, exchangeable pesticides, and recyclable pesticide containers including provisions for site selection, protection of the environment and public health, and restoration of the site to its original condition;

(b) evidence of an established quality assurance/quality control program used by the contractor;

(d) written documentation provided to the department before collection ensuring that the acceptable pesticides collected under the disposal program will be accepted by an EPA-permitted disposal facility for incineration;

(e) methods for management of collected acceptable pesticides from the collection site to the disposal facility in compliance with ARM Title 17, chapter 54;

(f) provisions for the inspection and monitoring of the disposal program by the department;

(g) attendance at organizational meeting(s) prior to collection day(s); and

(h) provisions for written documentation of collection activities provided to the department within established time schedules.

(3) The department establishes criteria for awarding the disposal program contract. Selection criteria includes but is not limited to:

(a) ability to perform service;

(b) related experience or similar waste disposal projects;

(d) federal Resource Conservation and Recovery Act (RCRA) record;

(e) clarity and completeness of bid proposal; and

(f) cost.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-111, 80-8-112, MCA
History: NEW, 1994 MAR p. 1280, Eff. 5/13/94; AMD, 2019 MAR p. 1523, Eff. 9/7/19.

Mont. Admin. R. 4.10.1804 Pesticide Disposal and Container Recycling Program Operation

(1) The department or its designated agent may conduct outreach and educational activities to inform the public about the functions of the disposal program. Outreach activities may be conducted in cooperation with the Montana State University Extension Service, local governments, the contractor and others.

(2) The department may target disposal program activities to regions or areas within the state each fiscal year.

(3) The department selects waste pesticide collection site(s) in consultation with the contractor.

(4) The department establishes minimum criteria for a collection site(s).

(5) The department establishes procedures for disposal of acceptable pesticides, including:

(a) Persons intending to participate in the disposal program for disposal of waste pesticides or non-plastic recyclable pesticide containers such as containers made of materials like metal, fiberboard, or other similar material must apply to the department on forms provided by the department. Information provided on the form must include, but is not limited to:

(i) brand name of the pesticide if present on label or if known;

(ii) active ingredient of the pesticide if present on label or if known;

(iii) EPA registration number or United States Department of Agriculture (USDA) number, if present on label or if known;

(iv) container size, composition, condition, and quantity to be disposed;

(v) applicant's name, address and telephone number; and

(vi) other information deemed necessary by the department.

(b) Written approval from the department is required to participate in the program.

(c) The department provides participants with a form listing the acceptable pesticides approved for disposal. This form serves as a bill of lading and must be in the possession of the participant during transport of the acceptable pesticides to the collection site. This form also serves to transfer ownership of the pesticide(s) from the participant to the contractor by a pesticide product release statement.

(d) Participants in the disposal program must transport acceptable pesticide products to the collection site according to the Montana Pesticides Act and United States Department of Transportation regulations.

(e) A participant may assign a designee to transport the participant's acceptable pesticides to the collection site only if approved by the department during preregistration.

(f) Ownership of acceptable pesticides approved for disposal transfers from the participant to the contractor at the collection site.

(6) The department approves establishment of pesticide container recycling collection sites, public or private, meeting minimum requirements. Individuals or entities interested in establishing a collection site must contact the department to discuss requirements and considerations.

(a) The department establishes guidelines for individuals to participate in the pesticide container recycling program.

(7) The department establishes procedures for the exchange of exchangeable pesticides:

(a) a pesticide may be exchanged or transferred from one person to another for the purpose of using the pesticide according to label directions. The pesticide offered for exchange must be:

(i) registered or meet provisions of 80-8-201(9)(a) or (b), MCA; and

(ii) in the original, labeled, unopened sealed container.

(8) The department allows pesticide exchange(s) under these conditions:

(a) owners of exchangeable pesticides apply to the department and provide information on a department form, according to ARM 4.10.1804(5)(a);

(b) Persons interested in obtaining exchangeable pesticides must provide their name, address, telephone number, and desired pesticides to the department. Persons interested in obtaining pesticides classified as restricted use must be licensed by the department;

(d) transfer of ownership of exchangeable pesticides may occur during scheduled pesticide disposal collections or through other arrangements approved by the department; and

(e) the department may require a label claim analysis for the pesticide offered for exchange.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-111, 80-8-112, MCA
History: NEW, 1994 MAR p. 1280, Eff. 5/13/94; AMD, 2019 MAR p. 1523, Eff. 9/7/19.

Mont. Admin. R. 4.10.1805 Disposal Program Collection Priorities

(1) The department may set priorities for the type and amount of acceptable pesticides collected under the disposal program. Criteria for setting the type and amount of acceptable pesticide collected may include but are not limited to:

(a) funding available to operate the disposal program;

(b) registration status of acceptable pesticides (e.g., canceled/suspended pesticides may have priority over presently registered pesticides) ;

(d) hazard to human health or the environment; and

(e) condition of the pesticide container.

(2) The department may set priorities for which portions of the disposal program under ARM 4.10.1804(5) , (6) and (7) will be conducted based on funding and personnel resources that are available to operate the disposal program.

History

Authorizing statute(s): Sec. 80-8-105, MCA
Implementing statute(s): Sec. 80-8-111, 80-8-112, MCA
History: NEW, 1994 MAR p. 1280, Eff. 5/13/94.

Mont. Admin. R. 4.10.1806 Fees

(1) Participants in the disposal program may be required to pay a fee commensurate with department program costs. The fee will be set by the director annually by June 30, and will not exceed $2 per pound.

(2) Participants who submit recyclable pesticide containers to the program may be required to pay a fee commensurate with department program costs for recycling. The fee will be set by the director annually by June 30, and will not exceed 50 cents per pound.

(3) Fees for pesticide disposal and plastic container recycling may exceed the fees set in (1) and (2) for pesticides or containers that have handling and/or disposal requirements resulting in costs exceeding the fees set under (1) and (2). The fee for these pesticides or containers will not exceed the cost of disposal or recycling.

(4) The department may charge participants who receive an exchangeable pesticide a fee of $5 for each container with a net content of less than or equal to one gallon or ten pounds and $10 for each container with a net content of greater than one gallon or ten pounds. The department, at its discretion, may waive fees for participants who receive exchangeable pesticides if the established fee is higher than the retail value of the exchangeable pesticide.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-111, 80-8-112, MCA
History: NEW, 1994 MAR p. 1280, Eff. 5/13/94; AMD, 2000 MAR p. 182, Eff. 1/28/00; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2008 MAR p. 1800, Eff. 8/29/08; AMD, 2019 MAR p. 1523, Eff. 9/7/19.

Mont. Admin. R. 4.10.1807 Liability

(1) The department in the operation of the disposal program does not assume ownership of any pesticide products or pesticide containers accepted under the disposal program nor does the department accept liability for disposal.

(2) The contractor assumes ownership of all pesticide products and pesticide containers collected under the disposal program.

(3) As provided in 80-8-111, MCA, participants may not be subject to an administrative or judicial penalty as a result of participation in the disposal program.

History

Authorizing statute(s): 80-8-105, MCA
Implementing statute(s): 80-8-111, 80-8-112, MCA
History: NEW, 1994 MAR p. 1280, Eff. 5/13/94.

Chapter 4.11 Environmental Management

Subchapter 4.11.1 Definitions

Mont. Admin. R. 4.11.101 Definitions

These definitions apply to all rules adopted under the Montana Agricultural Chemical Ground Water Protection Act Title 80, chapter 15, MCA.

(1) "Affected person" means any person that is required to comply with a SMP or other requirements of Title 80, chapter 15, MCA, that is or potentially may be adversely affected by the impairment or degradation of ground water; or for which an agricultural chemical has been detected in their well.

(2) "Confidential business information" herein referred to as "CBI" is data or information submitted or provided under authority of Title 80, chapter 15, MCA in any form to the department, by the environmental protection agency (EPA) , agricultural chemical registrants, licensed or permitted pesticide dealers, retailers and applicators, fertilizer manufacturers or distributors or any person. CBI agricultural chemical data or information may include; confidential statements of the complete agricultural chemical formula, agricultural chemical registration data or information and information concerning the sales, production or use of pesticides or fertilizers.

(3) "Degradation" means the presence of an agricultural chemical in ground water at a concentration that meets or exceeds the standard as defined in 80-15-102(2) , MCA.

(4) "Environment" includes water, air, land, plants, and humans and other animals living therein and the interrelationships which exist among these.

(5) "General agricultural chemical ground water management plan" means a written state-wide plan, herein referred to as "GMP", which describes the general environmental conditions of the state, ground water resources, common agricultural chemical uses and their properties, agriculture cropping and livestock practices, regions vulnerable or potentially vulnerable to ground water impairment or degradation by agricultural chemicals, best management plans and practices, educational programs and other general program elements set forth in Title 80, chapter 15, MCA.

(6) "Good faith effort" means a substantiated or measurable attempt to comply with the provisions of Title 80, chapter 15, MCA and the rules adopted thereunder or any specific agricultural chemical ground water management plan.

(7) "Impairment" means the presence of an agricultural chemical in ground water or increase in its concentration in ground water for which its present and future beneficial use may be affected and which is contrary to 80-15-103, MCA.

(8) "Official test result" means a test result which is obtained following the department approved quality assurance

and quality control (QA/QC) field and laboratory procedures.

(9) "Significant harm" means: having a measurable or verified observation of adverse effects on public health, the environment, agricultural crops or livestock; the verified presence of an agricultural chemical which meets or exceeds the standard and the definitions set forth in ARM 4.10.1501 (7) , (21) , (67) , (71) , (98) and (100) .

(10) "Significant probability" means the likelihood based on the most recent valid scientific or technical information and/or documented evidence, that an agricultural chemical could enter ground water.

(11) "Specific agricultural chemical ground water management plan", herein referred to as "SMP", means rules adopted for the purpose of preventing or reducing the potential or incidence of ground water impairment or degradation from an agricultural chemical or chemicals within a specific management zone which may include the provisions of 80-15-214(2) , MCA.

(12) "Specific management zone", herein referred to as a "SMZ" means an area, region or localized site, the boundaries of which are defined by the department based on the best available hydrogeologic data in a SMP.

(13) "Unofficial test result" means a test result which does not meet department approved quality assurance and quality control (QA/QC) field and laboratory procedures.

(14) "Vulnerable" or "Vulnerability" means the factors that determine the potential for or actual impairment or degradation of an aquifer or ground water. These factors include, but are not limited to; depth to a confined or unconfined aquifer, soil type, clay and organic matter content, texture, structure, porosity, moisture, local climatic conditions and irrigation practices, ground water recharge rates, well construction, and other factors that determine the fate and transportation of agricultural chemicals in ground water.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-105, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Subchapter 4.11.2 General Management Plan

Mont. Admin. R. 4.11.201 General Management Plan

(1) The department, when developing or modifying the GMP, will include the requirements of 80-15-211 and 80-15-213 , MCA and many of the program elements for a SMP in 80-15-214 , MCA. The intent of the GMP is to protect ground water and the environment from ground water impairment or degradation from agricultural chemicals by providing agricultural chemical users with information and data on:

(a) aquifer and ground water information with special emphasis on regions in the state that may be vulnerable to impairment or degradation from agricultural chemicals;

(b) special state or federal agency programs and requirements;

(d) agricultural chemical application techniques, chemical characteristics, benefits and risks in terms of ground water impairment or degradation;

(e) the leaching potential of chemical residues in soils whether from a point or nonpoint source;

(f) proper and modified uses of agricultural chemicals to prevent their introduction into ground water;

(g) the utilization of alternative agricultural practices, and integrated pest management systems; and

(h) soil fertility practices.

(2) A list of all data and information obtained during the development of the GMP will be available from the department.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-211, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.202 General Best Management Practices

(1) The department in consultation with the Montana State University Extension Service (MSUES) will write and incorporate directly or by reference best management practices and plans (BMP's) into the GMP. These BMPs will provide recommendations and information to chemical users on minimizing the impact of agricultural chemicals on ground water through proper use of chemicals at mixing/loading sites, areas treated with agricultural chemicals, and at disposal and storage facilities. The BMP's will also include information on alternative agricultural strategies.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-211, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.203 Gmp Public Participation

(1) The department will follow the procedures set forth in this rule when developing or modifying the GMP. The department will:

(a) prepare an outline of the GMP for use at public meetings;

(b) sponsor interagency and public meetings;

(c) consult with local, state and federal agencies, universities, agricultural chemical user groups and the public, to identify the provisions, best management plans and practices, information and data needed, the agricultural chemicals of concern and plans for development of the GMP.

(2) Upon completion of the activities listed in (1) the department will prepare a draft GMP. The department will solicit through meetings and correspondence additional agency and public comment on the draft GMP. Copies of the GMP will be available for public review and comment at the department's Helena office. Additional copies will be made available for agency and public review and comment dependent upon available resources. The department will consider public comments, revise the draft if necessary, and submit the draft or revised draft GMP to the department of health and environmental sciences (DHES) for that department's review and comments in accordance with ARM 4.11.402.

(3) The department will prepare a final GMP upon completion of the DHES 30 day review and comment period. If no substantive modifications are made, the plan will be finalized and implemented by the department. If substantive modifications are made the department will provide for additional public comment.

(4) The department, in cooperation with the MSUES as set forth in ARM 4.11.204 and with other agencies, user groups and the public, will disseminate the GMP information to chemical user groups and the public.

(5) Copies of the GMP will be made available to the public upon request. The department may charge for the printing and mailing cost of the document.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-211, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.204 Gmp Education

(1) The department in cooperation with the MSUES will conduct educational programs to inform agricultural chemical users and other persons on the provisions of the GMP. The educational program may also include the use of written and audio-visual materials on particular aspects of the elements set forth in the GMP.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-106 and 80-15-211, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.205 Gmp Evaluations

(1) The department will periodically evaluate the contents of the GMP with knowledgeable research and technical persons to determine if the plan is meeting the objectives of Title 80, chapter 15, MCA. The department in cooperation with research and technical persons, users of agricultural chemicals, members of any appointed advisory committee and the public will develop and use specific evaluation criteria for determining the effectiveness of the GMP. The initial evaluation will be made after 2 years, following which additional evaluations will be made as needed. Based upon these evaluations the department may revise elements of the plan to ensure compliance with Title 80, chapter 15, MCA. The department may hold public meetings to assist in evaluation of the GMP. The department will follow the procedures in ARM 4.11.203 throughout this evaluation effort. The department will also evaluate the GMP through the provisions set forth in ARM 4.11.903.

History

Authorizing statute(s): Sec. 80-15-105 and 80-15-211, MCA
Implementing statute(s): Sec. 80-15-105, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Subchapter 4.11.3 Specific Management Plan

Mont. Admin. R. 4.11.301 Specific Management Plan

(1) The department will develop a SMP when any of the criteria in 80-15-212 (1) MCA, are met. All SMPs must be adopted as administrative rules. A compliance or emergency order issued under 80-15-403 , MCA may be adopted as a SMP.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-212 and 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.302 Smp Content

(1) SMPs will incorporate provisions set forth under 80-15-214 (1) , MCA. The department will consider incorporation of appropriate elements and provisions set forth in 80-15-214 (2) , MCA in the SMP that are necessary to achieve the requirements of 80-15-214 (1) , MCA and other requirements of Title 80, chapter 15, MCA. The content of these provisions will be contingent upon;

(a) the extent and nature of the problem;

(b) the type of agricultural chemical(s) involved;

(d) geological and aquifer characteristics when known;

(e) land use patterns;

(f) soil type and related characteristics;

(g) meteorological conditions;

(h) depth to ground water;

(i) current and potential beneficial uses of the

groundwater;

(j) physiography;

(k) jurisdictional and ownership boundaries; and

(l) other elements deemed necessary by the department.

(2) Information and data contained in the SMP will be obtained from a variety of sources. The department will attempt to acquire the most recent and accurate information available. If appropriate data is not available the department will proceed with the SMP utilizing the expertise of knowledgeable persons. The department and associated persons may conduct studies to obtain data and information that are lacking. Once these data or information are obtained the SMP will be evaluated to determine if revisions are necessary. A list of all data and information obtained during the development of the SMP will be available from the department.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-214 and 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.303 Bmp's for Smp

(1) The department in consultation with MSUES may incorporate BMP's into every SMP. The BMP's may address agricultural chemical use, use of alternative agricultural chemicals, integrated pest management techniques, alternative agricultural practices and methods, and other provisions deemed necessary by the department.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-214, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.304 Smp - Public Participation

(1) The department will follow the procedures set forth in this rule when developing a SMP. The department, in the following order will:

(a) prepare an outline for the SMP for use at public meetings, which will include a description of the facts and circumstances that led the department to identify the need for a SMP;

(b) sponsor interagency and public meetings;

(c) consult with local, state and federal agencies, universities, and agricultural chemical user groups and the public, to identify the provisions, best management plans and practices, information and data needed, other agricultural chemicals of concern and plans for development of the SMP;

(d) consult with the MSUES to identify the benefits of appropriate use of the agricultural chemicals within the proposed SMZ of the SMP.

(2) Upon completion of these activities the department will prepare draft SMP rules. The department will submit the draft SMP to the DHES for that department's review and comment in accordance with ARM 4.11.402.

(3) Once the department has reviewed and incorporated appropriate DHES comments on the draft SMP, draft rules will be noticed into the Montana Administrative Register. Public comment and hearing provisions of Title 2, chapter 4, MCA will be followed by the department.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-215 and 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.305 Smp Education

(1) The department in cooperation with the MSUES and other persons will educate agricultural chemical users and other persons within the SMZ on the provisions of the SMP. The educational program may include the use of written and audio-visual materials on particular elements set forth in a SMP.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-106, 80-15-215 and 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.306 Smp Evaluations

The department will periodically evaluate the content of the SMP with knowledgeable research and technical persons to determine whether the program is meeting the objectives of Title 80, chapter 15, MCA. The department in cooperation with research, technical and interested persons, users of agricultural chemicals, members of any appointed advisory committee and the public will develop and use specific evaluation criteria for determining the effectiveness of the SMP. The initial evaluation will be made after two years, following which additional evaluations will be made as needed. When substantial changes are necessary, the department will determine what elements of the plan need to be revised to ensure compliance with Title 80, chapter 15, MCA. The department may hold public meetings to assist in making evaluations. The department will follow the procedures in ARM 4.11.304 throughout this evaluation process. The department will also evaluate the SMP through the provisions set forth in ARM 4.11.903.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.307 Prioritizing Preparation of Smp's

(1) The department shall use any or all of the following criteria for prioritizing the preparation or revision of SMP's in situations when several SMP's are required, based on 80-15-212 (1) , MCA and when available resources limit the department's ability to work on all of the required SMPs simultaneously:

(a) properties and volumes of the agricultural chemical(s) being used in a SMZ or region of the state that could cause ground water impairment or degradation;

(b) the concentration(s) or migration of agricultural chemicals detected in ground water;

(d) the problem cannot be completely corrected through an enforcement option other than a SMP;

(e) vulnerability of the ground water to impairment or degradation;

(f) other documented factors deemed appropriate by the department.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-212 and 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Subchapter 4.11.4 Establishment of Advisory Committees

Mont. Admin. R. 4.11.401 Gmp or Smp Advisory Committees

(1) The department may establish advisory committees to assist in the development, implementation or evaluation of general and specific management plans.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-212 and 80-15-215, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.402 Department of Health and Environmental Sciences Review and Comment

(1) The department will provide a completed draft GMP and drafts of SMP's or modifications to such plans to the department of health and environmental sciences (DHES) for review and comment, as required by 80-15-105 (2) (b) , 80-15-211 and 80-15-217 , MCA. The draft GMP or SMP will be submitted to the director of DHES or the director's designee. Upon documented delivery of the drafts the 30-day statutory review and comment period will begin. The 30-day comment period means calendar days and will end at 5 p.m. on the 30th day.

(2) Changes in format, grammar, DHES standards ( 80-15-102 (20) , MCA) or classification of ground water and updated monitoring results, are excluded from the management plan review process.

(3) Within the 30-day review and comment period the DHES may request meetings with the department to discuss provisions of the plans and resolve questions and issues.

(4) The department will consider DHES comments or suggested modifications and incorporate those found appropriate in the final draft of the GMP, future modifications to the final GMP, draft rules for any SMP and future proposed rules for a SMP.

(5) The department will prepare a final GMP in accordance with ARM 4.11.203.

(6) The department will prepare the proposed SMP rules upon completion of the DHES 30-day review and comment period. The department will publish the proposed rules in the Montana Administrative Register.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.403 Sources of Information

(1) The department in developing the GMP or SMP's may utilize the sources of information, personnel, publications, and research listed in this rule along with any other sources the department deems appropriate. The sources include: environmental protection agency, United States departments of agriculture and interior, Montana state departments of health and environmental sciences, natural resources and conservation, state lands; Montana bureau of mines and geology; other state agencies; units of the Montana state university system; local governments; state agencies and universities from other states; public interest groups; agricultural chemical registrants; agricultural user associations; conservation districts; and similar sources that may be able to provide technical and/or operational advice or information to the department.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-211, 80-15-212, 80-15-214, 80-15-215 and 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Subchapter 4.11.6 Monitoring Procedures

Mont. Admin. R. 4.11.601 Monitoring

(1) The department shall perform both statewide monitoring and specific management plan monitoring as required by 80-15-202 , MCA for the presence of agricultural chemical residues. The department may monitor media including: soil, air, plants, water, animals, and any other media identified as necessary to accomplish the provisions of Title 80, chapter 15, MCA.

(2) Monitoring shall be used to determine:

(a) the occurrence, extent and probability of agricultural chemical impairment or degradation of ground water in Montana;

(b) the need for intensified monitoring in a particular location;

(d) compliance with the requirements of Title 80, chapter 15, MCA and rules adopted thereunder; and

(e) whether the provisions of a SMP are reducing the occurrence or concentration of agricultural chemicals in the environment.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-202 and 80-15-203, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.602 Selection of Monitoring Sites

(1) Factors that may be used in establishing priority for selection of sampling sites include, but are not limited to:

(a) local cropping practices;

(b) agricultural chemical use patterns;

(d) depth to water table;

(e) ground water usage:

(i) public or private drinking water supply;

(ii) non-potable use;

(f) existing water quality;

(g) previous detections of agricultural chemical residues in ground water;

(h) the potential for adverse impact of impaired or degraded ground water on human health or the environment:

(i) number of wells per unit area;

(ii) volume of ground water used for human consumption per unit area.

(i) impairment or degradation of irrigation water;

(j) agricultural chemical user activities which may lead to ground water impairment or degradation;

(k) suspected misuse of chemicals, violation of Title 80, chapter 15, MCA, or violation of a SMP.

(2) The department will consider seasonal changes in ground water recharge and flux and irrigation scheduling when determining appropriate times to sample water.

(3) The department will re-evaluate site prioritization based on new or updated information.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-202 and 80-15-203, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.603 Sample Collection and Analysis

(1) Sample collection and analysis performed for monitoring and investigation shall follow the department QA/QC requirements.

(2) A test result submitted to the department or the DHES must be accompanied by QA/QC field and laboratory procedures if it is to be considered as an official test result.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-202 and 80-15-203, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.604 Point of Standards Application Test Results

(1) The department will review and evaluate all official ground water test results. Official ground water test results will be classified as either:

(a) negative detection;

(b) positive detection below the adopted standard;

(d) positive detection for which there is no standard.

(2) Negative detections will be entered into the departments ground water data base and reported to the affected person.

(3) Positive detections lower than 50% of the standard will be entered into the departments database, reported to the affected person, and will be noted as a well to be resampled to observe changes in agricultural chemical concentrations in the aquifer. The department will prepare a SMP under 80-15-212 (1) (b) or (c) , MCA, if additional monitoring demonstrates a scientifically-validated increase in agricultural chemical residues in ground water or if an agricultural chemical has migrated from the point of detection.

(4) Positive detections that meet or exceed 50% of the standards will be reported to the affected persons and resampled to confirm the results.

(5) If positive detections are confirmed, the following steps will be taken:

(a) enter in ground water database;

(b) intensify monitoring in the immediate vicinity, to identify the source(s) of impairment or degradation and to determine the extent of impairment or degradation;

(d) prepare a specific management plan as provided in 80-15-212 , MCA; and

(e) initiate any necessary enforcement monitoring.

(6) An unofficial test result may be used to:

(a) initiate monitoring in a particular area;

(b) notify local and state agricultural, environmental and health officials.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-202 and 80-15-203, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.605 Development and Maintenance of Ground Water Quality Database

(1) The department will develop and maintain a database consisting of information and data compiled from previous and current ground water monitoring. This information may be summarized annually and made available, along with the ground water standard, to the public upon request. The database will consist of a number of data elements based on current department and EPA recommendations.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-202 and 80-15-203, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Subchapter 4.11.9 Compliance Penalties and Violations

Mont. Admin. R. 4.11.901 Ensure Compliance

(1) The department will ensure compliance with Title 80, chapter 15, MCA, the GMP and SMPs utilizing the procedures and activities set forth in ARM 4.11.902 through 4.11.904.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-105, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.902 Compliance Inspections

(1) The department will conduct inspections of agricultural chemical facilities and users to determine compliance with Title 80, chapter 15, MCA. Special inspections, investigations or monitoring may be conducted:

(a) when misuse of an agricultural chemical is suspected;

(b) if an inspection reveals that an agricultural chemical may impair or degrade ground water; and

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-401, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.903 Compliance Evaluations

(1) The department will evaluate the requirements of compliance orders, emergency orders, enforcement actions, and SMPs in terms of:

(a) compliance dates;

(b) compliance with special agricultural chemical use and record keeping requirements;

(d) provisions of compliance orders, emergency orders, enforcement actions and SMPIs; and

(e) other requirements of Title 80, chapter 15, MCA.

(2) Based upon the evaluations, the department may develop new or revised orders or SMPs, or take additional enforcement actions to ensure compliance. New or revised SMPs will be developed following procedures in ARM 4.11.304. The department in cooperation with MSUES may also revise the agricultural chemical ground water educational programs.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-401, 80-15-403, 80-15-404, 80-15-405, 80-15-411, 80-15-412, 80-15-413, 80-15-414, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.904 Gmp and Smp Evaluations

(1) The department will

evaluate the GMP and established SMPs according to procedures in ARM 4.11.205 and 4.11.306.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-217, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.905 Coordinating Proposed Orders

(1) The department will coordinate the issuance of compliance orders and emergency orders with the DHES. The department will determine if DHES is proposing orders under 75-5-613, MCA on the same issue as the department is proposing orders under Title 80, chapter 15, MCA. The department will communicate by correspondence or meetings with the DHES to ensure that orders of both departments are coordinated.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-403 and 80-15-405, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.906 Determining Significant Probability

(1) For purposes of determining significant probability the department will obtain information during investigations or monitoring of agricultural chemical use, chemical spills, dumps, or misuse. Examples of information that will be considered are:

(a) characteristics of the chemical that influences entry into ground water such as water solubility, half-life, absorption and adsorption;

(b) depth to and direction of flow, volume and rate of ground water;

(d) soil characteristics including depth, texture, organic matter and permeability;

(e) amount of chemical used, spilled, dumped or otherwise available to enter ground water;

(f) land features that could influence chemical movement such as surface water drainage;

(g) precipitation;

(h) cropping history and irrigation; and

(i) other factors deemed appropriate by the department.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-403 and 80-15-405, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.907 Contents of Orders

(1) Each compliance or emergency order issued by the department will contain:

(a) the name of the person or persons to whom the order will be served;

(b) the authority of the department for issuing the order;

(c) a description of the actions that constitute the alleged violation or that may constitute significant probability and the provisions of the act or rule that establish the violation;

(d) the corrective actions required by the department;

(e) criteria for determining the duration of any required monitoring;

(f) the time frame within which corrective actions are to be initiated, conducted and completed; and

(g) appeal rights under Title 2, chapter 4, MCA.

(2) In determining the time for compliance the department will consider the gravity of the violation using criteria set forth in ARM 4.11.915.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-403 and 80-15-405, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.908 Corrective Actions

(1) In issuing a compliance or emergency order the department may require the following actions:

(a) monitoring to determine residue levels, trends and movement of agricultural chemicals in ground water, soils or other materials;

(b) characterization of ground water features such as direction of flow, depth and rate of flow;

(c) inventory of wells, surface water features, springs, groundwater recharge areas, and other ground water resources in the area or in a SMZ that may be affected;

(d) monitoring the direction, depth and rate of movement of any impaired or degraded ground water;

(e) removal and disposal, relocation or treatment of soil or other materials;

(f) provision for alternate water supplies for drinking and suitable water for irrigation and other beneficial uses;

(g) provision for removal or reduction of agricultural chemicals from impaired or degraded ground water using appropriate clean-up technology;

(h) procedural or operational changes that prevent, reduce or minimize the probability of ground water impairment or degradation from agricultural chemicals; and

(i) other provisions deemed appropriate to protect ground water.

(2) The department may require that persons who are served with a compliance or emergency order submit a written plan that describes the procedures for conducting corrective actions. Examples of procedures that may be required include quality assurance procedures, analytical methods, detection limits, sampling and monitoring methods, clean-up and the other provisions of this rule.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-403 and 80-15-405, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.909 Duration of Monitoring

(1) Monitoring required under a compliance or emergency order shall consist of sampling and chemical analyses conducted using department approved procedures and methods:

(a) Required ground water monitoring shall continue until residues in ground water are within levels established in the compliance or emergency order by the department in consultation with the DHES.

(b) The department when determining duration of monitoring, shall consider the following factors: classification of the ground water, present and future beneficial uses, the standard, the laboratory detection level and whether or not the impaired or degraded ground water is affecting other persons or aquifers.

(c) The department may require that ground water monitoring continue for one or more annual hydrologic cycles after analytical results fall within the accepted level.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-403 and 80-15-405, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.910 Procedures for Issuing Compliance and Emergency Orders

(1) All orders will be issued following the requirements of Title 2, chapter 4, part 6, MCA.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-403 and 80-15-405, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.911 Enforcement

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 15, MCA, or any adopted rule thereunder has occurred and the department finds it is in the public interest to assess an administrative civil penalty, it may initiate a civil penalty action pursuant to 80-15-412, MCA.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-412, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.912 Ability to Stay in Business

(1) Where a determination of the appropriate amount of the penalty must be made under 80-15-412, MCA, the "effect on the person's ability to stay in business" will not be considered, until such time and to the extent the charged person places bonafide financial information in issue by presentation thereof, accompanied by appropriate documentary evidence.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-412, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.913 Other Penalties

(1) The department may, in the interest of judicial economy, combine a disciplinary proceeding under 80-8-211, MCA (suspension or revocation of licenses and permits) or other violations of Title 80, chapter 8, MCA, or rules adopted thereunder, or violations of Title 80, chapter 10, MCA, with a proceeding under 80-15-412, MCA. Any appeal from a disciplinary action against the license or permit or other violations, shall be reviewed pursuant to the procedures established by Title 2, chapter 4, MCA.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-404, 80-15-411 and 80-15-412, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.914 Penalty Determination

(1) Each violation of Title 80, chapter 15, MCA, or rules adopted thereunder is considered a separate offense. As stated in 80-15-412, MCA each offense is subject to a separate penalty not to exceed $1,000, with the exception of farm applicators possessing a pesticide permit or using a fertilizer whose penalty cannot exceed $500 for the first offense.

(2) The penalty matrices set forth in this rule establish the initial penalty value for each offense. The significance of the violation, the degree of care exercised and whether significant harm resulted to health, environment, agricultural crops or livestock may decrease or increase a penalty within the limits listed below. A person may present information on their ability to stay in business, as set forth in ARM 4.11.912, petitioning for a reduction in the proposed civil penalty. The department shall have the option to select the most appropriate penalty and penalty value for each and every violation of the act.

AGRICULTURE PENALTY MATRIX Type of Violation | 1ST Offense | 2ND Offense | 3RD and Subsequent Offense (a) Violate any lawful provision of a SMP: | 100-1000 | 500-1000 | 750-1000 (b) Violate any provision of a lawful order: | 100-1000 | 500-1000 | 750-1000 (c) Violate any provision of Title 80, chapter 15, MCA; | 100-1000 | 500-1000 | 750-1000

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-412, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.915 Gravity of Violations

(1) The department will consider several factors when determining the gravity of a violation as set forth in 80-15-412, MCA. These factors relate to provisions established by Title 80, chapters 8 or 10, or Title 80, chapter 15, MCA and rules adopted thereunder, agricultural chemical labeling, SMP requirements or similar requirements that regulate the use of agricultural chemicals. The factors set forth below are examples of requirements that may be used. They are neither inclusive nor necessarily additive in substance or number and not necessarily presented in order of importance.

(2) A violation may be considered more grave when:

(a) a restricted use pesticide defined by ARM 4.10.1501(90) is involved versus a general use pesticide as defined by ARM 4.10.1501(50) ;

(b) a pesticide is involved that is more toxic than other available, effective registered pesticides;

(d) the extent, and severity of the violation results in harm to health, environment, or agriculture crops, or livestock;

(e) use is inconsistent with label directions and precautions or department rules;

(f) the person's history of compliance illustrates continued noncompliance or disregard for compliance;

(g) the violation results in impairment or degradation of ground or surface water;

(h) a person uses an agricultural chemical which is not registered or labeled, or has been cancelled, suspended or banned by EPA or the department by statute, rule or order;

(i) a person does not possess the proper pesticide license credential or permit to use or purchase a pesticide, or is not supervised as required by Title 80, chapter 8 or Title 80, chapter 15, MCA and rules adopted thereunder;

(j) records are not maintained or are improperly maintained;

(k) the person has knowledge of Title 80, chapter 15, MCA, and rules adopted thereunder or specific management plans which were violated.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-412, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.916 Degree of Care

(1) In determining the applicability of the degree of care, the following standards will apply:

(a) Negligence means a failure to exercise reasonable care;

(b) Reasonable care means that degree of care demonstrated with a knowledge of the nature and probable consequences of the act or omission that a prudent person would ordinarily exercise acting in their own concern;

(2) The department in its investigation and inspection of an alleged violation will attempt to determine and verify the degree of care exercised by a person. If a violation is substantiated the department will consider the degree of care exercised by a person in determining any administrative civil penalty.

(3) The charged persons may present evidence of the degree of care exercised, which will be considered by the department for the purpose of determining and mitigating the amount of penalty.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-412, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.917 Significance of Harm

(1) The department will attempt to determine and verify significant harm resulting from any violation. The type and amount of verified significant harm will be considered in determination of civil penalty amounts and may mitigate or enhance the civil penalty.

(2) For verification of significant harm the department will consider documented physical evidence and expert opinion from knowledgeable persons. Examples of such persons include pesticide specialists, physicians, toxicologists, biologists, water quality personnel, extension agents, university personnel, product technical representatives, and consultants and other personnel with documented qualifications.

(3) The following are criteria that the department will consider in determining significant harm including but not limited to:

(a) exposure to humans resulting in acute illness, chronic illness or death;

(b) exposure to livestock or other domestic animals resulting in illness, death, or residues in the livestock or by-products that exceed tolerances or prevent marketing or consumption;

(c) exposure to crops, ornamental plants or other plants being grown or cultivated that results in damage, destruction, reduction in yield or residues that exceed tolerances or prevent marketing or consumption;

(d) impairment or degradation of ground water that results in adverse effects to any existing or future beneficial use; and

(e) exposure and adverse impact on plants other than crops, animals other than livestock, soil, water or any other components of the environment.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-412, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Subchapter 4.11.11 Confidentiality

Mont. Admin. R. 4.11.1101 Pesticide Registrant Cbi

(1) The department shall rely on the determination of confidentiality by the EPA under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for pesticide registrant data and information. Pesticide registrants claims for CBI must be consistent with the EPA determination and the registrant must advise the department of any reclassification of the data or information by EPA within 30 days. The department may evaluate the validity of any registrant claim of CBI at any time and reserves the right to declassify material as CBI when the registrants claim is found to be inconsistent with EPA's determination. In such cases the department shall provide the submitter of the information a 20 day comment and rebuttal period prior to declassification.

(2) Pesticide registrants in submitting data or information required by the department under the act, must:

(a) clearly mark any portions thereof which in the registrants opinion are trade secrets or commercial or financial production, sales or use information, and

(b) submit such marked material separately from other material required to be submitted under this act. All submitted document packages containing CBI shall be accompanied by a cover letter describing CBI sections within the document package. Individual pages containing CBI within the submitted document packages shall be clearly marked as confidential.

(3) CBI shall be hand delivered or sent to the department via U.S. postal service, registered mail, return receipt requested or equivalent courier. The wording "Confidential Business Information - Pesticides" shall appear on the outer surface of the mailing container. CBI mailed to the department pursuant to data requirements under Title 80, chapter 15 or

chapter 8, MCA shall be addressed as follows:

Montana Department of Agriculture

Environmental Management Division

Capitol Station

Helena, Mt. 59620

Attention: Division Administrator

(4) CBI received by the department shall be immediately secured in accordance with the procedures of the CBI rules. The director or the director's designee shall be responsible for initiating and maintaining security procedures.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1102 Cbi-Chemical Use and Sales Data

(1) Dealers, distributors, registrants, applicators or any person required to submit pesticide or fertilizer production, sales or use data or from whom the department through inspections obtains such pesticide or fertilizer use and sales data by authority under Title 80, chapter 15, MCA are not required to mark the data or related records information as CBI. Dealers, distributors, applicators, or other persons submitting such data may voluntarily mark the data CBI. If it is not marked CBI they may be held to have waived their right to CBI in the unlikely event the department releases any such data. The department will handle pesticide data as CBI within the requirements of the Attorney General's Opinion (38 Agriculture Opinions 1 1979) . The department reserves the right to reveal agricultural chemical sales or use data of persons for which an enforcement case under Title 80, chapter 8 or 10, is finalized or in the course of an administrative hearing under Title 2, chapter 4, MCA. Data obtained under the authority of Title 80, chapters 8 or 10, MCA and transferred within the department for administration of Title 80, chapter 15, MCA shall be managed in the same manner as data submitted by any person under authority of Title 80, chapter 15, MCA.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1103 Cbi Shall Be Stored in an Approved Security File

(1) Only employees authorized by the director may be issued keys or combinations to security files. No authorized employee may share keys or combinations with any person other than those authorized for direct access to CBI documents.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1104 Authorized Access

(1) The director will establish a written list of the department employees and other persons authorized access to CBI.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): See. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1105 Document Tracking

(1) CBI documents received by the director or his primary designee shall be immediately logged in and stamped on the front page, in red ink, with the following wording:

(2) All such CBI documents shall be assigned a document tracking number. The director shall designate the personnel responsible for recording the date of receipt, document tracking numbers and subsequent actions on a written tracking sheet which shall be affixed to the CBI document. Reproductions of CBI shall be performed only by authorized professional or clerical personnel as designated by the director. The tracking sheet shall bear the initials of the employee performing the reproductions, and the number of reproductions made. Reproductions or other physical forms of CBI shall be secured and tracked as described for the original CBI. The tracking sheet shall bear the initials and title of any employee authorized by the department or cooperative agency receiving the CBI, the date of receipt and subsequent date of return.

CONFIDENTIAL DATA

NOT A PUBLIC RECORD

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1106 Meetings

(1) Only the submitter and authorized personnel shall be allowed to attend that part of meetings, otherwise public under 2-3-203 , MCA, at which CBI will be discussed. Each person attending such a meeting shall sign an attendance log, listing his or her name, title, organization and telephone number. This log shall also include the tracking number(s) of the CBI document(s) distributed or discussed.

(2) A copy of the log shall be attached to the tracking sheet of each CBI document discussed or distributed at the meeting. CBI shall be deleted from any minutes or transcripts of meetings which are made public. Recordings, minutes or transcripts containing CBI shall be stored and tracked as described for the original CBI. It is unlawful for any person present at a meeting in which CBI is discussed to use confidential data for his own advantage or to reveal the data to the general public.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1107 Telephone

(1) Authorized employees of the department may discuss the CBI over the telephone with other persons authorized to have access to CBI. Authorized employees of the department may discuss CBI with the submitter by the permission of the submitter only if the CBI is specifically identified by the submitter and the submitter is made aware that the department cannot guarantee the security of confidential information discussed over the telephone.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1108 Traveling

(1) When an authorized department employee is required to travel while in the possession of CBI, such CBI shall remain in the employee's personal possession.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1109 Transmittal

(1) CBI transmitted both within and without the department shall be hand delivered. When hand delivery is impractical, CBI shall be transmitted by certified mail return receipt requested or equivalent courier.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1110 Cbi Access Justification

(1) Interagency access to CBI documents, shall be requested in writing and shall state the specific purpose for such access. The department recognizes that disclosure of specific CBI may be necessary for an agency to carry out a directive on behalf of the department, to fulfill said agency's own statutory obligations, or to complete an inquiry initiated by the department. Written requests for access to CBI by agencies outside the department shall be signed by a designated person from the agency authorized by the department to receive and review CBI. All such requests shall be entered as a permanent part of the document tracking system. The department reserves the right to deny CBI access to persons or agencies not providing adequate document security.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1111 Eligibility Requirements

(1) Agencies eligible for access to submitted documents containing CBI are those responsible by statute for the protection of public health or the environment. Each such agency shall submit, for approval by the department, a written proposed procedure to ensure the security of all disclosed CBI and shall agree, in writing, to treat all documents disclosed under this rule as confidential.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1112 Interagency

(1) The department may enter into a memorandum of understanding (MOU) with any agency possessing an obligation, under Montana law, to provide protection of public health or the environment. Through the MOU, an agency shall provide the department a list of trained as specified in ARM 4.11.1116 designated persons requesting authorization to receive CBI, agree to treat all information disclosed by the department as CBI and insure adequate document security. The department may set time limits for the return of all disclosed CBI, and may recall all or any portion of the disclosed documents at any time. Agencies receiving CBI from the department through the procedures outlined above may not reproduce or reveal to unauthorized person(s) such documents in any manner.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1113 Personnel Precautions

(1) Personnel from any agency other than the department, authorized to receive and review CBI documents, may not discuss the contents of said documents with any unauthorized persons. They may not discuss CBI over the telephone and may not produce notes or correspondence containing CBI.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1114 Authorization

(1) Prior to gaining access to CBI files all authorized employees of the department and designated personnel from other agencies shall sign a document stating that they have received, read and understand this rule, and shall abide by these CBI rules subject to penalties set forth in 80-15-414 (4) , MCA.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1115 Notification of Disclosure

(1) Within 15 days of the date of disclosure to anyone other than authorized department employees, the director shall notify the submitter of disclosed CBI providing the name of the agency, date of disclosure, detailed description of the information disclosed, and the purpose of the disclosure. The department shall also provide proof that the receiver is authorized by the department to review CBI.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1116 Training

(1) All authorized department employees and all designated personnel in other agencies authorized to receive and review CBI shall receive training in procedures to follow in requesting access to, handling, distributing and storing documents containing CBI. Such training shall assure complete understanding of this rule by all such personnel.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Mont. Admin. R. 4.11.1117 Violations

(1) Any authorized personnel within the department or agencies outside the department, who fail to comply with these confidentiality rules, shall be investigated by that agency and complete findings reported to the department's director. The department retains the authority to revoke an agency's access to CBI if violations of the department's CBI rules are documented. If CBI access is revoked, an agency may regain access to CBI by providing proof, satisfactory to the department, that adequate steps have been taken to improve security.

(2) Persons or agencies, who with intent to defraud, uses or reveals CBI, shall have their access to CBI immediately revoked. Violators, pursuant to 80-15-414 (4) , MCA are subject to a misdemeanor and upon conviction may be fined not more than $5,000 or imprisoned for not more than 1 year, or both.

History

Authorizing statute(s): Sec. 80-15-105, MCA
Implementing statute(s): Sec. 80-15-108, MCA
History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.

Chapter 4.12 Agricultural Sciences Division

Subchapter 4.12.1 Apiculture Rules

Mont. Admin. R. 4.12.102 Apiary, Located by Permission

(1) Persons registering a new location for the first time must have the approval signature of the landowner or manager indicating that the beekeeper has obtained the permission to place an apiary on the landowner′s property. When a registered site is transferred to another beekeeper, landowner or manager signature must be obtained and filed with the department.

(2) Upon notice from a landowner or land manager that a beekeeper is no longer allowed access to their property or allowed to maintain bees on the property, the department will cancel the registration and notify the beekeeper.

(3) Once a site registration has been cancelled, any placement of new bees on the site must first be registered with the department. A new site registration will only be granted if the site registration does not conflict with an existing registered site within a three mile radius.

History

Authorizing statute(s): 80-6-102, MCA
Implementing statute(s): 80-6-102, 80-6-103, MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75; AMD, 2010 MAR p. 2650, Eff. 11/13/10.

Mont. Admin. R. 4.12.103 New Locations of Apiaries

(1) All registered apiaries likely to be affected by a proposed new location includes only those apiaries which have registered locations within a three (3) mile radius of the proposed new location, unless deemed otherwise by the department of agriculture.

History

Authorizing statute(s): Sec. 80-6-301 MCA
Implementing statute(s): Sec. 80-6-103 MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75.

Mont. Admin. R. 4.12.104 Limitations of Colonies

(1) All registered bee locations must consist of no less than ten (10) colonies of bees during a minimum of ten (10) days during any part of normal buildup or honey producing period of the year. This regulation shall not apply to beekeepers who own a total of less than ten (10) colonies of bees registered in only one apiary.

History

Authorizing statute(s): Sec. 80-6-301 MCA
Implementing statute(s): 80-6-104 MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75.

Mont. Admin. R. 4.12.105 Delineating Honey Producing Seasons and Registration Periods

(1) The normal buildup or honey producing season shall consist of the months of April through September.

(2) The regular registration time shall consist of the months of February through April.

(3) The procedure to void the registration of an apiary because of non-use shall be as follows:

(a) A written request to void the registration of an apiary because of non-use, and related evidence, must be submitted to the department between October 1 and January 31, during the same registration year that the apiary was not in use.

(b) The evidence must include, but is not limited to signed statements from the landowner indicating that there were no bee hives in the apiary during the last buildup or honey producing season. Landowners are as defined in 80-6-101 (12) MCA. However, the department may consider other evidence based upon its own investigation.

(c) The department shall follow contested case provisions of the Montana Administrative Procedure Act when determining if an apiary registration is to be voided because of non-use.

History

Authorizing statute(s): Sec. 80-6-301 and 80-6-201 MCA
Implementing statute(s): Sec. 80-6-102 and 80-6-104 MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75; AMD, 1993 MAR p. 2120, Eff. 9/17/93.

Mont. Admin. R. 4.12.106 Inspection of Apiary Equipment

(1) All used beekeeping equipment to be shipped out of state, including frames of honey in the comb, must be inspected before a clean bill of health can be issued.

(2) No permits for interstate movement of health certificates will be issued without inspection.

(3) Inspection must be made while the equipment is still "on the bees", and while brood is present within the hive.

(4) The Department of Agriculture must have at least two weeks’ notice and preferably more, during the rush season of spring and early fall for the need of an inspection.

(5) Beekeepers requesting inspection will accompany inspector during inspection, and will pull and replace one comb from each broodnest.

(6) Intention to bring into Montana used beekeeping equipment, including nucs, feed honey, and refuse for rendering must be registered with the Agricultural Sciences Division, Department of Agriculture at least ten days prior to the time of movement. A permit to enter will then be issued by the Department of Agriculture. This permit, along with a copy of the clean bill of health from the state of origin, must accompany the load of bees or equipment entering Montana. Each load of used equipment, honey, or nucs is automatically quarantined until said quarantine is lifted by the Montana state inspector.

History

Authorizing statute(s): 80-6-102, 80-6-202, MCA
Implementing statute(s): 80-6-102, 80-6-202, MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75; AMD, 2010 MAR p. 2650, Eff. 11/13/10; AMD, 2019 MAR p. 1166, Eff. 8/10/19.

Mont. Admin. R. 4.12.107 Inspection of Pesticides Damages

(1) The department of agriculture may charge the actual costs of inspection of hives to determine the degree of pesticide damage.

History

Authorizing statute(s): Sec. 80-6-301 MCA
Implementing statute(s): Sec. 80-6-202 MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75.

Mont. Admin. R. 4.12.108 Hourly Inspection Fee

(1) The hourly inspection fee authorized in 80-6-202, MCA shall be $42 per hour for actual inspection time. The fee shall be charged from the time the inspection begins on site until the inspection is completed at the final site. Travel time shall not be included except for that between apiary sites.

(2) The hourly inspection fee for interstate inspections authorized in 80-6-202 (4)(b)(iii), MCA shall be $50 per hour for actual inspection time. Actual inspection time includes travel to, between, and return from the inspection site.

History

Authorizing statute(s): 80-6-202, MCA
Implementing statute(s): 80-6-202, MCA
History: NEW, 1991 MAR p. 1272, Eff. 7/26/91; AMD, 2010 MAR p. 2650, Eff. 11/13/10.)

Mont. Admin. R. 4.12.109 Civil Penalties - Enforcement

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 6, parts 1 through 3, MCA, or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Administrative Procedure Act.

(2) Each violation is considered a separate offense and is subject to a separate penalty not to exceed $10,000. A repeat violation is considered a first violation if it occurred two or more years after the previous violation.

(3) The penalty matrixes set forth in this rule establish the basic penalty value for each offense. Factors dealing with the violation may cause the matrix penalty to increase or decrease. Examples of such factors would be the firm's history of compliance or noncompliance, or the extent of the harm to agriculture or environment.

History

Authorizing statute(s): 80-6-201, MCA
Implementing statute(s): 80-6-303, MCA
History: NEW, 1993 MAR p. 2120, Eff. 9/17/93; AMD, 2019 MAR p. 1166, Eff. 8/10/19.

Mont. Admin. R. 4.12.110 Civil Penalties - Matrix

Type of Violation | 1st Offense | 2nd Offense | Subsequent Offense Failure to register an apiary after notification of requirement. Each unregistered apiary may be considered a separate offense. | $500 | $800 | $1,000 Falsifying or misrepresenting information submitted with apiary registration application. | $500 | $800 | $1,000 Failure to move an illegally placed apiary to a registered or registrable site after notice. Each apiary may be considered a separate offense. | $800 | $1,000 | $1,000 Failure to abate bee diseases or pests pursuant to 80-6-201, MCA after notice. | $800 | $1,000 | $1,000 Failure to meet bee hive importation requirements specified in 80-6-202, MCA. | $5,000 | $7,500 | $10,000

History

Authorizing statute(s): 80-6-201, 80-6-303, MCA
Implementing statute(s): 80-6-303, MCA
History: NEW, 1993 MAR p. 2120, Eff. 9/17/93; AMD, 2010 MAR p. 2650, Eff. 11/13/10.

Mont. Admin. R. 4.12.111 Regulated Bee Diseases

(1) Bee diseases and pests regulated under Title 80, chapter 6, parts 1 through 3, MCA, are as follows:

(a) American Foulbrood ( Bacillus larvae );

(b) Africanized bees ( Apis mellifera scutellata );

(d) Tropilaelaps mites ( Tropilaelaps clareae , T. koenigerum , T. thaii , and T. mercedesae ); and

(e) Small-hive beetle ( Aethina tumida ).

(2) The department may conduct inspections for other bee diseases for export certification purposes based on requirements of destination states.

History

Authorizing statute(s): 80-6-101, 80-6-201, MCA
Implementing statute(s): 80-6-101, 80-6-201, MCA
History: NEW, 1993 MAR p. 2120, Eff. 9/17/93; AMD, 2010 MAR p. 2650, Eff. 11/13/10.

Mont. Admin. R. 4.12.112 Definitions

(1) "Beekeeper without a valid Montana Certificate of Health" means any beekeeper that has not been inspected within the last four years by either a Montana Department of Agriculture inspector or by appropriate authorities in another state that is recognized as able to issue a certificate of health by the Montana Department of Agriculture.

(2) "Interstate Inspection" means the inspection of an operation that does not have a valid Montana certificate of health or proof of inspection from an originating state.

(3) "Landowner Notice to Change Apiarist" means the cancellation of a registered site upon notice to the department by a landowner that an apiarist is no longer allowed access to their property or to have bees on their property.

(4) "Montana Department of Agriculture Inspection" means a health inspection of a business that includes counting hives, checking for proof of ownership, and opening hives. Minimally, an inspection will include examination of at least one frame of brood for regulated diseases and pests as specified in ARM 4.12.111.

(5) "Registered Beekeeper" means a beekeeper who has paid and maintained registration of at least one apiary site with the Montana Department of Agriculture.

(6) "Registered Site" means a site that has been registered with the Montana Department of Agriculture. A registered site is not a property interest in the land and does not in and of itself allow an apiarist to have bees at a location. A separate agreement from the landowner or an easement is still required to use and access the location.

(7) "Site Registration" means the legal ability, as defined by the department, to have and maintain bees on a site.

(8) "Unregistered Beekeeper" means any beekeeper not registered with the Montana Department of Agriculture, including hobbyist beekeepers, landowners, or general beekeepers.

(9) "Valid Certificate of Health" means proof of an inspection by either the Montana Department of Agriculture or an apiary inspection or proof of an inspection by an official inspector in another state with an inspection program recognized by the Montana Department of Agriculture.

History

Authorizing statute(s): 80-6-101, MCA
Implementing statute(s): 80-6-101, MCA
History: NEW, 2010 MAR p. 2650, Eff. 11/13/10.

Mont. Admin. R. 4.12.113 Registration and Certification Fees-Apiary Fees

(1) The application fee for owners or applicants not currently registered in the department's apiary database is $10. The new application fee is due at the time the owner or applicant submits a registration for an apiary site. The application fee is in addition to all apiary site registration fees due annually. Site registration will not be issued until the new application and site registration fees are paid.

(2) The registration or reregistration fee for commercial and pollination apiary sites is $35 per site.

(3) The registration or reregistration fee for hobbyist and landowner apiary sites is $10 per site.

(4) The fee for issuance of a certificate of health (certificate of inspection) is $125. The fee for a certificate of health must be paid at the time of the request for a certificate of health.

History

Authorizing statute(s): 80-6-102, 80-6-106, 80-6-202, MCA
Implementing statute(s): 80-6-102, 80-6-106, 80-6-202, MCA
History: NEW, 2010 MAR p. 2650, Eff. 11/13/10; AMD, 2015 MAR p. 299, Eff. 3/27/15; AMD, 2019 MAR p. 1166, Eff. 8/10/19.

Subchapter 4.12.2 Feed Regulations and Pet Food Regulations

Mont. Admin. R. 4.12.218 Inspection Fee

(1) The supplier, manufacturer, or guarantor of a commercial feed, except pet foods and specialty pet foods, shall pay to the department an inspection fee of 18 cents per ton on all commercial feeds, including custom mixed feeds, except pet foods and specialty pet foods distributed in this state.

History

Authorizing statute(s): 80-9-206, MCA
Implementing statute(s): 80-9-206, MCA
History: NEW, 1989 MAR p. 13, Eff. 1/3/89; AMD, 2018 MAR p. 631, Eff. 3/31/18.

Mont. Admin. R. 4.12.219 Adoption of Model Feed and Pet Food Regulations

(1) The Montana Department of Agriculture adopts and incorporates by reference the model regulations and the model pet food and specialty pet food regulations under the model bill, as well as the feed terms and ingredient definitions as published in the 2018 official publication of the Association of American Feed Control Officials (AAFCO). A copy of the AAFCO model regulations or terms and ingredients may be obtained from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201 or the entire official publication may be obtained through AAFCO. The director of the Montana Department of Agriculture or designee shall be the official recognized throughout the model regulations.

History

Authorizing statute(s): 80-9-103, 80-9-204, MCA
Implementing statute(s): 80-9-101, 80-9-202, 80-9-203, 80-9-204, MCA
History: NEW, 1995 MAR p. 2126, Eff. 10/1/95; AMD, 2000 MAR p. 3333, Eff. 12/8/00; AMD, 2018 MAR p. 631, Eff. 3/31/18.

Mont. Admin. R. 4.12.221 Adulterated Feed

(1) This rule clarifies references to the Federal Food, Drug, and Cosmetic Act that are included in 80-9-204, MCA to establish standards for adulterated feed. The referenced sections of the Federal Food, Drug, and Cosmetic Act are codified in the United States Codes (USC) as follows:

(a) sections 402(a) (1) and (a) (2) are codified in 21 USC 342;

(b) section 406 is codified in 21 USC 346;

(d) section 409 is codified in 21 USC 348;

(e) section 512 is codified in 21 USC 360b; and

(f) section 721 is codified in 21 USC 379e.

(2) For purposes of implementing 80-9-204, MCA and determining if a feed is adulterated, the department hereby adopts and incorporates by reference the following federal regulations adopted under authority of the Federal Food, Drug, and Cosmetic Act. These regulations assist in establishing the standards for adulteration and are effective as Montana law:

(a) 21 CFR 558 - NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS;

(b) 21 CFR 573 - FOOD ADDITIVES PERMITTED IN FEED AND DRINKING WATER OF ANIMALS;

(d) 21 CFR 582 - SUBSTANCES GENERALLY RECOGNIZED AS SAFE;

(e) 21 CFR 584 - FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED AS SAFE IN FEED AND DRINKING WATER OF ANIMALS;

(f) 21 CFR 589 - SUBSTANCES PROHIBITED FROM USE IN ANIMAL FOOD OR FEED; and

(g) 40 CFR 186 - PESTICIDES IN ANIMAL FEEDS.

(3) A copy of these regulations may be obtained from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201.

History

Authorizing statute(s): Sec. 80-9-103, MCA
Implementing statute(s): Sec. 80-9-204, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.

Mont. Admin. R. 4.12.222 Standards for Viable Weed Seeds

(1) The use of commercial feeds containing viable weed seeds can cause weed infestations with adverse economic and environmental impacts. The risk of weed infestations from commercial feeds may eventually justify the adoption of standards to define acceptable levels of viable weeds in commercial feeds. However, current scientific data on this matter are insufficient to allow the department to establish standards for weed seeds as authorized by 80-9-103, MCA. As an interim measure, and in recognition of the significance of this issue, the department is adopting this interim rule while literature research and scientific studies are being completed.

(2) Persons who manufacture animals feeds in Montana should utilize processes and ingredients that minimize, in the finished product, the presence of viable seeds of plant species designated as noxious weeds under 7-22-2101(7) (a) (i) , MCA. Distributors should distribute, where feasible and practical, feeds that do not contain viable seeds of plant species designated as noxious weeds under 7-22-2101(7) (a) (i) , MCA.

(3) Claims made on labels and labeling regarding freedom from viable noxious weed seeds shall be accurate and truthful. Claims such as "free from noxious weed seeds," "noxious weed seeds destroyed," and similar phrases, or claims regarding the amount of noxious weed seeds may be made when:

(a) the feed contains no viable noxious weed seeds; or

(b) the feed has been tested for viable noxious weeds and the results of testing are accurately stated on the label or labeling.

(4) Commercial feeds shall be misbranded when:

(a) viable noxious weed seeds are present and a claim regarding weed freedom is made on the labels or labeling; or

(b) viable noxious weed seeds are present in amounts exceeding that claimed on the label or labeling.

(5) Feed manufacturers making claims regarding freedom from noxious weed seeds shall submit, upon written request by the department, and for each product making such a claim, information that verifies the absence of viable weed seeds. The department may request information regarding the following:

(a) analytical test results regarding seed viability, species composition, and proportion of noxious weed seeds;

(b) verification that plant materials used in manufacture did not contain viable noxious weed seeds. For purposes of this subsection, plant materials certified pursuant to Title 80, chapter 7, MCA, are recognized as meeting standards for freedom from viable noxious weed seeds; and

(c) verification that methods used in manufacturing are effective in mitigating the presence or viability of noxious weed seeds. For purposes of this subsection, pellets and cubes certified pursuant to Title 80, chapter 7, MCA or produced in accordance with standards in ARM 4.5.306 are recognized as effective in mitigating the viability of noxious weed seeds.

(6) The department will evaluate analytical methods, manufacturing methods, and other methods represented as mitigating the presence or viability of noxious weed seeds, and may make a determination regarding acceptability and effectiveness. Persons may not make claims regarding weed seeds when methods are determined to be unacceptable or ineffective.

History

Authorizing statute(s): Sec. 80-9-103, MCA
Implementing statute(s): Sec. 80-9-202, 80-9-203 and 80-9-204, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.

Mont. Admin. R. 4.12.223 Definition of Commercial Feed

(1) The following definitions are for the purpose of clarifying the term "commercial feed" pursuant to 80-9-101, MCA:

(a) "chemically changed" means change in elemental composition, atomic structure, or mass which may be caused by application of heat, pressure, reactants, solvents or catalysts;

(b) "cube" means a feed product that has fibers with a typical length of about one inch, ground to a lesser degree than a pellet, and is compressed and passed through an opening of one inch or larger;

(d) "physically altered" means changes in physical characteristics such as density, shape, and color. Examples of physical alterations include grinding, removal of hulls, dry rolling, compaction, crimping, and flaking.

(2) The following feeds are exempted from the definition of commercial feed when they are not ground, are not intermixed with other materials, and are not adulterated within the meaning of 80-9-204, MCA:

(a) hay or straw that is baled, cubed or loose;

(b) litter for livestock and pets whether litter is whole plants or parts of plants;

(c) stover for litter or fodder consisting of the stalks and leaves of corn, sorghum or other plants after the ears or heads have been removed;

(d) fodder consisting of whole plants, whether green or cured, used as forage;

(e) silage;

(f) corn cobs whether whole or with kernels removed;

(g) husks and hulls including seed screenings;

(h) raw meats; and

(i) crimped, rolled or compacted entire seeds whether conditioned or steamed.

History

Authorizing statute(s): Sec. 80-9-101 and 80-9-103, MCA
Implementing statute(s): Sec. 80-9-201, 80-9-202, 80-9-203, 80-9-204 and 80-9-206, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.

Subchapter 4.12.4 Commercial Feed Enforcement and Penalties

Mont. Admin. R. 4.12.401 Complaints

(1) A person with knowledge of a violation of Title 80, chapter 9, MCA, may file a complaint with the department.

(2) Complaints should be in writing and signed and should provide details about the violation.

(3) The department, upon receipt of a complaint, may proceed with an investigation; however, the lack of a signed and written complaint shall not preclude the department from investigating.

History

Authorizing statute(s): Sec. 80-9-103, MCA
Implementing statute(s): Sec. 80-9-301, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.

Mont. Admin. R. 4.12.402 Penalties

(1) The department will select an appropriate response for each violation of the act and rules promulgated thereunder. Nothing in this rule obligates the department to assess a civil penalty or other penalty for a violation. Each violation will be considered and a response issued based on the gravity and significance of the violation, the degree of care exercised, actual or potential adverse affects from the violation, and other factors considered appropriate by the department. The response for minor violations may include written notice or written warnings.

(2) In determining if a feed is in violation when the analytical result of a nutrient exceeds the action level, the department will consider whether the feed is intended or represented as a principle source of nutrition for that nutrient.

History

Authorizing statute(s): 80-9-103, 80-9-303, MCA
Implementing statute(s): 80-9-303, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00; AMD, 2002 MAR p. 778, Eff. 3/15/02; AMD, 2018 MAR p. 631, Eff. 3/31/18.

Mont. Admin. R. 4.12.403 Civil Penalty Determination

(1) Each violation set forth in this rule is a separate offense. Each offense is subject to a civil penalty not to exceed $1,000.

(2) The penalty matrix in this rule establishes the penalty amount for initial and subsequent offenses. The penalty amount for subsequent violations may be increased as shown in the penalty matrix for second and third violations but only if the subsequent violation occurs within two years of the preceding violation and the charged person was notified of the preceding violation and had an opportunity to remedy the violation or to exercise an appeal.

(3) Penalty amounts shown in the matrix may be decreased or increased depending upon the significance or gravity of the violation, the degree of care exercised by the offender, and the actual or potential adverse impact or effects on animals or humans.

(4) Where a penalty is assessed under (5) (z) for reoccurrence of a violation within two years, where the violation upon initial occurrence was determined to be nonsignificant and not subject to a civil penalty, the two year period will start on the date that the preceding violation occurred.

(5) Penalty matrix in dollars:

| Initial Violation | Second Violation | Subsequent Violations (a) manufacture a commercial feed that is misbranded, technical violation | $250 | $500 | $1,000 (b) manufacture a commercial feed that is misbranded, resulting in harm or having potential for harm | 500 | 1,000 | 1,000 (c) manufacture a commercial feed that is adulterated, technical violation | 500 | 1,000 | 1,000 (d) manufacture a commercial feed that is adulterated, resulting in harm or having potential for harm | 1,000 | 1,000 | 1,000 (e) misbrand a commercial feed, technical violation | 250 | 500 | 1,000 (f) misbrand a commercial feed, resulting in harm or potential for harm | 500 | 1,000 | 1,000 (g) adulterate a feed, technical violation | 500 | 1,000 | 1,000 (h) adulterate a feed, resulting in harm or potential for harm | 1,000 | 1,000 | 1,000 (i) distribute misbranded feed, technical violation | 50 | 100 | 250 (j) distribute misbranded feed, resulting in harm or potential for harm | 100 | 250 | 500 (k) distribute adulterated feed, technical violation | $100 | $250 | $500 (l) distribute adulterated feed, resulting in harm or potential for harm | 250 | 500 | 1,000 (m) fail to obtain license | 100 | 250 | 500 (n) fail to pay inspection fees | 500 | 1,000 | 1,000 (o) fail to register pet or specialty pet food | 500 | 1,000 | 1,000 (p) distribute pet or specialty pet feed that is not registered | 50 | 100 | 250 (q) distribute pet or specialty pet feed for which registration was refused or cancelled | 1,000 | 1,000 | 1,000 (r) fail to file annual statement | 100 | 250 | 500 (s) fail to keep records of distribution or tonnage records | 100 | 250 | 500 (t) fail to submit list of feed products, labels, labeling, promotional material, claim, analytical method, or data upon request | 250 | 500 | 1,000 (u) submit false information on application for licensing or registration | 100 | 250 | 500 (v) knowingly feed adulterated feed to animals intended for human consumption or that produce commodities for human consumption | 1,000 | 1,000 | 1,000 (w) violate an embargo order | 1,000 | 1,000 | 1,000 (x) fail to comply with an order | 500 | 1,000 | 1,000 (y) fail to comply with rules | 100 | 500 | 1,000 (z) reoccurrence of a nonsignificant violation | Warning | 200 | 500

History

Authorizing statute(s): Sec. 80-9-103 and 80-9-303, MCA
Implementing statute(s): Sec. 80-9-303, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.

Mont. Admin. R. 4.12.404 Significance or Gravity of a Violation

(1) The department in determining the amount of a civil penalty will consider the significance and gravity of a violation as required by 80-9-303, MCA. Examples of significance and gravity factors that may increase or decrease a penalty follow; they are neither inclusive or necessarily additive in substance, order presented, or number:

(a) a history of inspections with no violations may decrease a penalty. No inspection history and no record of violations may have a neutral effect on the penalty amount. A history of violations or failure to correct past violations may increase the penalty;

(b) a penalty may be decreased when a person agrees to correct a violation and follows through on an agreed upon schedule;

(d) a person's cooperation during an inspection or investigation may decrease a penalty. Otherwise, this factor will have a neutral effect on penalty determination;

(e) widespread scope of a violation may increase a penalty. Examples of considerations in determining scope include geographic distribution of the violation, number of persons or animals affected, the number of products involved, and the amount or number of lots involved;

(f) a person's timely and voluntary settlement of damages may decrease a penalty. This factor will be considered when written documentation of settlement is received in the department from the charged person and the person suffering damage;

(g) a penalty may be increased upon demonstration that a person benefited economically from the violation;

(h) violations that result in harm to animals may be cause for increasing a penalty;

(i) violations that result in or have the potential to result in illegal residues in food, commodities or food-producing animals may increase the penalty amount;

(j) label violations that result in the actual or potential failure of a commercial feed to perform according to claims may increase a penalty. Examples of such label violations include deficiency in any ingredient or composition of ingredients represented by the label, misleading, incomplete or incorrect label directions, or misbranding;

(k) a violation that results in condemnation or destruction due to adulteration or other inability to utilize a feed for its intended purpose may be cause for increasing a penalty; and

(l) the amount of deviation as a result of official analytical results from an official sample beyond the action level as compared to the guaranteed claim may increase or decrease the penalty, respective to the amount of the deviation.

(i) This subsection will be applied effective July 1, 2002.

History

Authorizing statute(s): Sec. 80-9-103 and 80-9-303, MCA
Implementing statute(s): Sec. 80-9-303, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00; AMD, 2002 MAR p. 778, Eff. 3/15/02.

Mont. Admin. R. 4.12.405 Degree of Care

(1) The department will consider degree of care exercised by the charged person for purposes of decreasing or increasing civil penalty amounts:

(a) violations that occur through little or no negligence may decrease the penalty;

(b) violations that occur through negligence may have a neutral effect in either decreasing or increasing the penalty; and

(2) In determining the applicability of the above, the following definitions will apply:

(a) "no negligence" means an inadvertent violation which was unavoidable by the exercise of reasonable care;

(b) "negligence" means a failure to exercise reasonable care;

(c) "reasonable care" means a degree of care demonstrated with a knowledge of the nature and probable consequences of the violation that a prudent person would ordinarily exercise in acting in their own concern; and

(d) "gross negligence" means knowing, intentional or reckless conduct.

History

Authorizing statute(s): Sec. 80-9-103 and 80-9-303, MCA
Implementing statute(s): Sec. 80-9-303, MCA
History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.

Mont. Admin. R. 4.12.406 Analytical Action Levels

(1) This rule establishes the action levels as stated in (5).

(2) These action levels, as compared to the guaranteed claim, will be used to determine when a feed or nutrient is considered to be adulterated as defined by 80-9-204(13), MCA.

(3) These action levels will be used by the department when assessing the appropriate enforcement action/civil penalty for an adulterated feed.

(4) Violations may occur solely by one nutrient within an official feed sample exceeding the action level and not meeting the guaranteed claim of that feed nutrient.

(5) Action levels are as follows:

x = % guarantee

no action level established

** applies only to rabbit feeds

Determination | Analytical Variances (AV%) | Deviation allowed below a minimum guaranteed claim | Deviation allowed above a maximum guaranteed claim Moisture | 12 | * | 1 AV’s Ash | 45/x + 3 | * | 2 AV’s Crude protein | 20/x + 2 | 2 AV's | * Lysine | 20 | 40% | * Methionine | | 40% | * NPN equiv | 80/x + 3 | * | 2 AV's Crude fat | 10 | 2 AV's | * Crude fiber | 30/x + 6 | 2 AV's** | 2 AV's Calcium | 10 | 2 AV's | 2 AV's Phosphorus | 3/x + 8 | 2 AV's | * Salt | 15/x + 9 | 2 AV'S | 2 AV's Magnesium | 20 | 35% | * Manganese | 30 | 45% | * Potassium | 15 | 25% | * Sodium | 20 | 30% | 30% Selenium | 25 | 40% | * Zinc | 20 | 35% | * Iron | 25 | 40% | Iodine | 40 | 45% | * Copper | 25 | 40% | * Vitamin A | 30 | 45% | *

History

Authorizing statute(s): 80-9-103, 80-9-204, MCA
Implementing statute(s): 80-9-303, MCA
History: NEW, 2002 MAR p. 778, Eff. 7/1/02; AMD, 2018 MAR p. 631, Eff. 3/31/18.

Subchapter 4.12.6 Fertilizer Regulations

Mont. Admin. R. 4.12.601 Plant Nutrients in Addition to Nitrogen, Phosphate, and Potash

(1) Other plant nutrients when mentioned in the labeling shall be registered and guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided to the department upon request. Except those guarantees for those water soluble nutrients labeled for ready-to-use foliar fertilizers, ready-to-use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soil, the minimum percentages which will be accepted for registration are as follows:

(a) A warning or caution statement may be required on the label for any product which contains micronutrients in water soluble form when there is evidence that a micronutrient may be harmful to certain crops or where there are unusual environmental conditions.

EXAMPLES OF WARNING OR CAUTION STATEMENTS:

(i) Directions: Apply this fertilizer at a maximum rate of (number of pounds) per acre for (name of crop).

CAUTION : Do not use on other crops. The (name of micronutrient) may cause injury to them.

(ii) CAUTION : Apply this fertilizer at a maximum rate of (number of pounds) per acre for (name of crop). Do not use on other crops; the (name of micronutrient) may cause serious injury to them.

(iii) WARNING : This fertilizer carries added (name of micronutrient) and is intended for use only on (name of crop). Its use on any other crops or under conditions other than those recommended may result in serious injury to the crops.

(iv) CAUTION : This fertilizer is to be used only on soil which responds to (name of micronutrient). Crops high in (name of micronutrient) are toxic to grazing animals (ruminants).

(v) CAUTION: (Name of micronutrient) is recommended for all crops where (name of micronutrient) may be deficient; however excessive application to susceptible crops may cause damage.

Guarantees or claims for the above listed plant nutrients are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer shall be furnished with the application for registration upon request. Any of the above listed elements which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphate, and potash. When directions for use render the product ineffective (as a fertilizer) the department will not register the product.

History

Authorizing statute(s): 80-10-301, MCA
Implementing statute(s): 80-10-102, MCA
History: NEW, Eff. 8/4/76; AMD, 2010 MAR p. 1795, Eff. 8/13/10.

Mont. Admin. R. 4.12.602 Guarantees for Soil Amendments

(1) Lime products shall guarantee:

(a) The minimum percent calcium carbonate equivalent.

(b) The minimum percentage passing through #10 and #100 U.S. Standard sieves.

(2) Gypsum or other alkali soil treatment products shall guarantee:

(a) Active ingredient and its percent purity.

(b) The calcium sulfate dihydrate (CaSO 4 ) (2H 2 O) equivalent expressed as a percentage.

(3) Other soil amendments shall guarantee:

(a) Active ingredients. The department will accept only active ingredient substances that can be quantitatively determined analytically.

(b) Percent moisture.

(d) The department may allow a soil amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided to the department to substantiate the value and usefulness of the soil amending ingredients. The department may rely on outside sources for assistance in evaluating the data submitted.

History

Authorizing statute(s): 80-10-301, MCA
Implementing statute(s): 80-10-204, MCA
History: NEW, Eff. 8/4/76; AMD, 2010 MAR p. 1795, Eff. 8/13/10.

Mont. Admin. R. 4.12.604 Labeling

(1) The following information, in the format presented, is the minimum required for all fertilizer labels. For packaged products, this information shall either appear on the front or back of the package, occupy at least the upper third of a side of a package, or be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this same information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.

(a) Net weight

(b) Brand

(d) Guaranteed analysis*:

Total Nitrogen (N)** ...................................______%

% Ammoniacal Nitrogen

% Nitrate Nitrogen

% Water Insoluble Nitrogen

% Urea Nitrogen

% (Other recognized and determinable forms of N)

Available Phosphate (P 2 0 5 ) ____%

Soluble Potash (K 2 0). ____%

(Other nutrients, elemental basis)***……....____ %

*Zero guarantees should not be made and shall not appear in statement except in nutrient guarantee breakdowns.

**If chemical forms of N are claimed or required, the form shall be shown. No implied order of the forms of nitrogen is intended.

***As prescribed by regulation 4.12.601.

(e) Sources of nutrients shall be listed below the completed guaranteed analysis statement.

(f) Beneficial substances or compound guarantees shall appear under the heading "Contains Beneficial Substances" or "Contains Beneficial Compounds":

Contains Beneficial Substances

Beneficial Substance.........._____% or acceptable units

Purpose Statement:

Contains Beneficial Compounds

Beneficial Compound.........._____% or acceptable units

Purpose Statement:

(g) Name and address of registrant or licensee.

(h) Directions for use for fertilizer distributed to the end user.

(i) For specialty fertilizer, minimum directions for use shall include:

(A) Recommended application rate or rates in units of weight or volume per unit of area coverage (where application rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight); and

(B) Application timing and minimum intervals to apply the product when plants can utilize nutrients; and

(ii) For all other fertilizers, minimum directions for use shall include at least one of the following:

(A) A statement such as:

Use in accordance with recommendations of a qualified individual or institution, such as, but not limited to, a certified crop advisor, agronomist, crop extension publication, or apply according to recommendations in your approved nutrient management plan; or,

(B) Detailed directions for a specific use.

(iii) For slowly released plant nutrients:

(A) No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the slow release components are identified and guaranteed at a level at least 15% of the total guarantee for that nutrient(s).

(B) Types of products with slow release properties recognized are:

(I) water insoluble, such as natural organics, ureaform materials, ureaformaldehyde products, isobutyidene diurea, oxamide, etc.;

(II) coated slow release, such as sulphur coated urea and other encapsulated soluble fertilizers;

(III) occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles; and

(IV) products containing water soluble nitrogen such as ureaform materials, ureaformaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), dicyanodiamide (DCD), etc. The terms, "water insoluble", "coated slow release", "slow release", "controlled release", "slowly available water soluble", and "occluded slow release" are accepted as descriptive of these products, provided the manufacturer can show a testing program substantiating the claim (testing under guidance of Experiment Station personnel or a recognized reputable researcher acceptable to the department). A laboratory procedure, acceptable to the department for evaluating the release characteristics of the products(s) must also be provided by the manufacturer.

(C) Until more appropriate methods are developed, AOAC International Method 970.04 (15th Edition) is to be used to confirm the coated slow release and occluded slow release nutrients and others whose slow release characteristics depend on particle size. AOAC International Method 945.01 (15th Edition) shall be used to determine the water insoluble nitrogen or organic materials.

History

Authorizing statute(s): 80-10-301, MCA
Implementing statute(s): 80-10-204, MCA
History: NEW, Eff. 8/4/76; AMD, 2010 MAR p. 1795, Eff. 8/13/10.

Mont. Admin. R. 4.12.606 Definitions for Commercial Fertilizers

(1) As authorized, the department recognizes the official terms and definitions for commercial fertilizers and soil amendments adopted by the Association of American Plant Food Control Officials.

History

Authorizing statute(s): 80-10-205, MCA
Implementing statute(s): 80-10-205, MCA
History: NEW, Eff. 8/4/76; AMD, 2010 MAR p. 1795, Eff. 8/13/10.

Mont. Admin. R. 4.12.607 Investigational Allowances and Overall Index Value

(1) A commercial fertilizer shall be deemed deficient if the analysis of nutrient is below the guarantee by an amount exceeding the values in the following schedule, or if the overall index value of the fertilizer is below 98%.

(a) For DAP and MAP the investigational allowance for available phosphate shall be 0.70.

(b) For TSP the investigational allowance shall be 1.53.

(d) The overall index value is calculated by comparing the commercial value guaranteed with the commercial value found.

Example of calculation for a 10-10-10 grade found to contain 10.1% Total Nitrogen (N), 9.4% Available Phosphate (P 2 0 5 ), and 10.1% Soluble Potash (K 2 0). Nutrient unit values are assumed to be $3 per unit N, $2 per unit P 2 0 5, and $1 per unit K 2 0.

Overall Index Value - (59.2/60.0) x 100 = 98.6%

(2) Secondary and micro plant nutrients shall be deemed deficient if the analysis of any element is below the guarantee by an amount exceeding the values calculated according to the following schedule:

The maximum allowance when calculated in accordance to the above shall be one unit (one percentage point).

10.0 units N | x 3 = 30.0 10.0 units P 2 0 5 | x 2 = 20.0 10.0 units K 2 0 | x 1 = 10.0 Commercial Value Guaranteed | 60.0

10.1 units N | x 3 = 30.3 9.4 units P 2 0 5 | x 2 = 18.8 10.1 units K 2 0 | x 1 = 10.1 Commercial Value Found | 59.2

Guarantee Percent | Nitrogen (N) | Available Phosphate (P 2 O 5 ) | Soluble Potash (K 2 O) | Investigational Allowance, percent 4 or less | 0.49 | 0.67 | 0.41 5 | 0.51 | 0.67 | 0.43 6 | 0.52 | 0.67 | 0.47 7 | 0.54 | 0.68 | 0.53 8 | 0.55 | 0.68 | 0.60 9 | 0.57 | 0.68 | 0.65 10 | 0.58 | 0.69 | 0.70 12 | 0.61 | 0.69 | 0.79 14 | 0.63 | 0.70 | 0.87 16 | 0.67 | 0.70 | 0.94 18 | 0.70 | 0.71 | 1.01 20 | 0.73 | 0.72 | 1.08 22 | 0.75 | 0.72 | 1.15 24 | 0.78 | 0.73 | 1.21 26 | 0.81 | 0.73 | 1.27 28 | 0.83 | 0.74 | 1.33 30 | 0.86 | 0.75 | 1.39 32 or more | 0.88 | 0.76 | 1.44

History

Authorizing statute(s): 80-10-301, MCA
Implementing statute(s): 80-10-206, MCA
History: NEW, Eff. 8/4/76; AMD, 2003 MAR p. 2421, Eff. 9/12/03; AMD, 2010 MAR p. 1795, Eff. 8/13/10; AMD, 2018 MAR p. 630, Eff. 3/31/18.

Mont. Admin. R. 4.12.608 Bi-Annual Inspection Fee Statement and Fee Assessments

(1) Each in-state manufacturer and out-of-state supplier is responsible for paying the assessment fees for all commercial fertilizers and/or soil amendments distributed for agricultural use in this state. The party responsible for supplying the product into the state shall pay the assessment fees and file a bi-annual statement on or before the 30th calendar day after the end of each reporting period. The statement must specify the number of tons of each commercial fertilizer and/or soil amendment distributed in this state during each 6-month period, and to whom it was distributed. A bi-annual statement is required even if no sales or distributions occurred in a particular period. Specialty fertilizers, soil amendments not for agricultural use, and unmanipulated manures are exempt from the assessment fee and a bi-annual report is not required by persons distributing only these products.

(2) Based upon the filed reports, the person responsible for paying the assessment fee on commercial fertilizers and/or soil amendments shall pay the following:

(a) inspection fee of 25 cents per ton for fertilizer distributed other than anhydrous ammonia or soil amendments;

(b) inspection fee of 95 cents per ton for anhydrous ammonia fertilizer distributed;

(c) inspection fee of 10 cents per ton for agricultural soil amendments distributed when 50 tons or more are distributed during the reporting period; and

(d) educational assessment of 75 cents per ton for all fertilizers, excluding specialty fertilizers and soil amendments, in addition to the inspection fees.

(3) In the event the responsible party fails to file the bi-annual report within 60 days after the end of the filing period, the department may initiate proceedings to revoke registration of the responsible party's registered fertilizer(s). The failure to file the bi-annual report shall be evidence of fraudulent or deceptive practice in the evasion of these rules.

(4) No responsible party shall be allowed to register or reregister a fertilizer if the fees owing to the department are more than 30 days past due.

History

Authorizing statute(s): 80-10-207, MCA
Implementing statute(s): 80-10-103, MCA
History: NEW, Eff. 11/30/85; AMD, 2003 MAR p. 2421, Eff. 9/12/03; AMD, 2010 MAR p. 1795, Eff. 8/13/10; AMD, 2018 MAR p. 630, Eff. 3/31/18.

Mont. Admin. R. 4.12.609 Semiannual Tonnage Statement

(1) Each person who distributes commercial fertilizers and/or soil amendments to nonlicensed end users shall file semiannual statements for the periods ending June 30 and December 31, setting forth the number of net tons of each commercial fertilizer and/or soil amendment received during the six-month period. Specialty fertilizers, soil amendments not for agricultural use, and unmanipulated manures are exempt from the semiannual report and the report is not required by persons distributing only these products. The reports shall be filed with the department, on forms approved by the department, on or before the 30th calendar day of the month following the close of each six-month period. A separate semiannual statement is required for each licensed location. A semiannual statement is required even if no sales or distributions occurred within a six-month period.

(2) Failure to file the disclosure may constitute grounds for revoking a license.

History

Authorizing statute(s): 80-10-301, MCA
Implementing statute(s): 80-10-207, 80-10-211, MCA
History: NEW, 1985 MAR p. 1855, Eff. 11/30/85; AMD, 2010 MAR p. 1795, Eff. 8/13/10; AMD, 2018 MAR p. 630, Eff. 3/31/18.

Mont. Admin. R. 4.12.620 Adulteration of Fertilizers and Soil Amendments by Trace Metals

(1) No person shall distribute an adulterated fertilizer or soil amendment. Fertilizers and soil amendments distributed in the state and required to be registered by the department are adulterated when they contain metals in amounts that exceed the levels provided within this rule.

(2) This rule establishes metal standards for fertilizers and soil amendments that do and do not contain waste or sewage sludge. Fertilizers and soil amendments that contain waste are termed "waste-derived." "Waste-derived" is defined as any fertilizer or soil amendment produced from or containing recyclable materials classified as a waste under Code of Federal Regulations, Title 40, Parts 261.2 and 261.3 (40 CFR 261.2 and 261.3).

(3) Fertilizers and soil amendments, whether waste-derived or not, that contain guaranteed amounts of phosphates or micronutrients, except as exempted within this section, are adulterated when they exceed the levels of metals established by the following table:

Footnote: * Only applies when not guaranteed.

(a) Fertilizers and soil amendments such as compost, manures and manipulated manures or other organic matter, separately or in combination with sewage sludge, even those products making nutrient claims, are exempt from the table above, but are adulterated when the levels of metals exceed the levels permitted in 40 CFR 503.

(b) These standards are not to be used to evaluate growing media claiming nutrients, but may be applied to the sources of the nutrients added to the media.

(d) To use the table:

(i) multiply the percent guaranteed P 2 0 5 or sum of the guaranteed percentages of all micronutrients in each product by the value in the appropriate column in the table to obtain the maximum allowable concentration (ppm) of these metals;

(ii) the minimum value for P 2 0 5 , utilized as a multiplier shall be 6.0;

(iii) the minimum value for micronutrients utilized as a multiplier shall be 1.0; and

(iv) if a product contains both P 2 0 5 and micronutrients, multiply the guaranteed percent P 2 0 5 by the value in the appropriate column and multiply the sum of the guaranteed percentages of the micronutrients by the value in the appropriate column. Utilize the higher of the two resulting values as the maximum allowable concentrations.

(4) Fertilizers and soil amendments are adulterated when the end product contains:

(a) Sewage sludge and the levels of metals exceed the levels permitted in 40 CFR 503;

(b) Solid waste and the level of cadmium exceeds the level permitted in 40 CFR 257; or

(c) Hazardous waste and the levels of metals in the waste component exceed the levels permitted in 40 CFR 261, 266, and 268.

(5) When a fertilizer or soil amendment is subject to standards referenced in both (3) and (4) of this rule, the department will apply the more restrictive standards.

(6) The Montana Department of Agriculture adopts and incorporates by reference 40 CFR 257, 261, 266, 268 and 503, regarding solid waste, hazardous waste and sewage sludge management, as published on December 27, 2002. A copy of these regulations can be obtained by contacting the department at 303 N. Roberts, Helena, Montana, 59620-0201.

(7) Testing methodology used by the department in analyzing metal content for the end product will be for the intent of discovering the total metal content of a fertilizer or soil amendment product. Such methodology includes AOAC Official Method 2006.03 (Arsenic, Cadmium, Cobalt, Chromium, Lead, Molybdenum, Nickel, and Selenium in Fertilizers) or other comparable methods approved by the department.

(8) The department will coordinate with the Montana Department of Environmental Quality (DEQ) on compliance actions involving violations of standards in 40 CFR 257, 261, 266, 268 and 503. The department may enter into a written agreement with DEQ to further clarify agency responsibilities and procedures for coordinating separate or joint actions.

(9) Nothing in this rule may be construed as relieving a person from obligations to comply with all state and federal laws regulating the disposal, use, and recycling of solid waste, hazardous waste or sewage sludge.

Metals | ppm per 1% of P 2 O 5 | ppm per 1% of Micronutrients Arsenic (As) | 13 | 112 Cadmium (Cd) | 10 | 83 Cobalt (Co) | 136 | 2,228* Lead (Pb) | 61 | 463 Mercury (Hg) | 1 | 6 Molybdenum (Mo) | 42 | 300* Nickel (Ni) | 250 | 1900* Selenium (Se) | 26 | 180 Zinc (Zn) | 420 | 2900*

History

Authorizing statute(s): 80-10-301, MCA
Implementing statute(s): 80-10-205, MCA
History: NEW, 2002 MAR p. 2959, Eff. 12/27/02; AMD, 2010 MAR P. 1795, Eff. 8/13/10.

Mont. Admin. R. 4.12.621 Registration

(1) Any fertilizer or soil amendment that contains a waste or sewage sludge distributed as a single ingredient product or blended with other ingredients must be identified as such by the registrant in the application for registration.

(2) The registrant of a fertilizer or soil amendment containing waste as defined in ARM 4.12.620(4)(a) and (b) shall state in the application for registration the source of the waste and the level of metals in the end product including, but not limited to, arsenic, cadmium, and lead for sewage sludge and cadmium for solid waste. Upon request by the department, the registrant shall provide analytical data necessary to determine compliance with 40 CFR 257 or 503. This information can be provided by the registrant from documentation collected and compiled by the waste generator.

(3) The registrant of a hazardous waste-derived fertilizer or soil amendment as defined in ARM 4.12.620(4)(c) shall state in the application for registration the source of the waste and the level of metals within the source, including, but not limited to, arsenic, cadmium, and lead. Upon request by the department, the registrant shall provide analytical data necessary to determine compliance with 40 CFR 261, 266 and 268. This information can be provided from documentation collected and compiled by the waste generator.

(4) The methods used to comply with (2) and (3) shall be consistent with and comply with the standards as stated below:

(a) Recyclable materials used in the manufacture of hazardous waste-derived fertilizers and soil amendments shall comply with the treatment standards specified in 40 CFR 268.40 and 268.48, using the Toxicity Characteristic Leaching Procedure, Test Method 1311, EPA Publication SW-846; and

(b) Recyclable materials that are not hazardous waste, but used in the manufacture of fertilizers and soil amendments shall comply with the treatment standards specified in 40 CFR 257 or 503, using testing methods for total metal content found in EPA Publication SW-846.

(5) Failure to provide the information required by this rule or a determination that a fertilizer or soil amendment is adulterated is cause for denying registration.

(6) The Montana Department of Agriculture adopts and incorporates by reference 40 CFR 257, 261, 266, 268 and 503, regarding solid waste, hazardous waste and sewage sludge management, as published on December 27, 2002. The department adopts and incorporates by reference EPA's "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," (SW-846), third edition, update III, December 1996. A copy of these regulations can be obtained by contacting the department at 303 N. Roberts, Helena, Montana, 59620-0201.

History

Authorizing statute(s): 80-10-301, MCA
Implementing statute(s): 80-10-201, 80-10-205, MCA
History: NEW, 2002 MAR p. 2959, Eff. 12/27/02; AMD, 2010 MAR p. 1795, Eff. 8/13/10.

Subchapter 4.12.7 Anhydrous Ammonia Rules

Mont. Admin. R. 4.12.701 Scope

(1) These rules ARM 4.12.702 through 4.12.743 specifically are applicable to the design, construction, location, installation, and operation of anhydrous ammonia systems, including refrigerated ammonia storage systems from which the product is used for agricultural ammonia.

(2) These rules do not apply to:

(a) anhydrous ammonia manufacturing plants,

(b) air conditioning systems and refrigeration plants where anhydrous ammonia is used solely as a refrigerant. Such systems are covered in American National Standards Safety Code for Mechanical Refrigeration, B-9.1; and

(3) ARM 4.12.704 through ARM 4.12.719 apply to stationary, non-refrigerated storage installations utilizing containers other than those constructed in accordance with regulations implementing Occupational Safety and Health Act (CFR 29(c) (3) (iii) ) .

(4) ARM 4.12.720 applies to systems mounted on implements of husbandry for the transportation of anhydrous ammonia.

(5) ARM 4.12.721 applies to systems mounted on farm vehicles for the application of anhydrous ammonia.

(6) ARM 4.12.722 applies to systems utilizing containers for the storage of anhydrous ammonia under refrigeration conditions.

(7) ARM 4.12.723 through 4.12.737 specifically apply to the design, location, construction, installation and operation of distribution systems utilizing nitrogen fertilizer solutions or aqua ammonia converters.

(8) ARM 4.12.724 through 4.12.734 apply to all sections unless otherwise specified.

(a) ARM 4.12.735 applies to storage installations for nitrogen fertilizer solutions.

(b) ARM 4.12.734 applies to systems mounted on vehicles and implements of husbandry for the transportation of nitrogen fertilizer solutions.

(c) ARM 4.12.735 applies to systems mounted on vehicles and implements of husbandry for the transportation of nitrogen fertilizer solutions.

(d) ARM 4.12.736 applies to systems mounted on farm vehicles for the application of nitrogen fertilizer solutions.

(9) Unless otherwise stated within the rule all incorporations by reference of- standards, regulations, codes or other similar systemized provisions contained within shall be adopted within these rules in the most recent version or revision as of September 1, 1986.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.702 Definitions

(1) "Alteration" means a change in any item described in the original Manufacturer's Data Report which affects the pressure containing capability of the container. Rerating a container by increasing maximum allowable working pressure or temperature shall be considered an alteration.

(2) "Anhydrous ammonia" means a compound formed by the combination of the two gaseous elements, nitrogen and hydrogen, in the proportion of one part of nitrogen to three parts hydrogen by volume. Anhydrous ammonia is ammonia gas in compressed and liquefied form. Anhydrous ammonia is not aqueous ammonia which is a solution of ammonia gas in water.

(3) "ANSI" refers to American National Standards Institute, 1430 Broadway, N.Y., N.Y. and their publication "Safety Requirements for the Storage and Handling of Anhydrous Ammonia" (as adopted this lst day of January, 1982) .

(4) "Approved" means tested and recommended by manufacturer as suitable for use with anhydrous ammonia and product so marked, or inspected by the department and found to be in compliance with these rules.

(5) "Appurtenances" means all devices, such as, system devices, liquid level gauging devices, valves, pressure gauges, fittings, metering or dispensing devices.

(6) "ASME" refers to the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, New York 10017 (as adopted this 1st day of January, 1982) .

(7) "ASTM" refers to the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103 (as adopted this 1st day of January, 1982) .

(8) "Capacity" means the total volumetric measure.

(9) "Closed system" refers to a transfer system which will return displaced vapor to the tank from which the liquid is being discharged.

(10) "Container" means a vessel, such as, a tank or cylinder used for the storage and handling of anhydrous ammonia.

(11) "Department" means the Montana Department of Agriculture, Agriculture/Livestock Building, Helena, Montana 59620, (406) 444-3730.

(12) "Design pressure" means the maximum allowable working pressure.

(13) "Filling density" means the percent ratio of the weight of the gas in a container to the weight of water at 60 degrees Fahrenheit (F) that the container will hold. One pound H20=27.737 cubic inches at 60 degrees F. For determining the water capacity of the tank in pounds, the weight of a gallon (231 cubic inches) of water at 60 degrees F in air shall be 8.32828 pounds.

(14) "Filling volume" is defined as the percent ratio of the liquid in a container to the volume of the container.

(15) "Free vented" as used means the system is permanently open to the atmosphere. No shutoff or check valve is allowed in such opening.

(16) "Gas" means anhydrous ammonia in either the gaseous or liquefied state.

(17) "Gas mask" means a gas mask approved by the Bureau of Mines (30CFR Part II, Section 14-f) .

(18) "Hold-down devices" refers to chains or metal straps or cables.

(19) "Hold to a minimum" means the product should be loaded in anticipation of sale into the nurse tanks and delivered to the consumer for use without being stored in nurse tanks waiting for a consumer order.

(20) "Hydrostatic relief valve" refers to an automatic pressure activated valve for liquid service characterized by throttle or slow weep opening (non-pop off action) .

(21) "Implement of husbandry" means a farm wagon-type tank vehicle of not over 2000 gallons capacity, used as a field storage nurse tank supplying the anhydrous ammonia to a field applicator, and moved on highways only for transporting anhydrous ammonia from a local source of supply to farms or fields or from one farm or field to another.

(22) "Institutional occupancy" is a location where people may be unable to vacate voluntarily and shall be deemed to include nursing homes, hospitals, jails, and schools.

(23) "Material suitable for use" includes iron, steel and certain non-ferrous alloys which are compatible for use in anhydrous ammonia service. Copper, brass, zinc and certain alloys, especially those containing copper, are not suitable for anhydrous ammonia service.

(24) "Nitrogen fertilizer solutions" refers to compounds (ammonium nitrate, urea, sodium nitrate, and other nitrogen carriers) formed by the combination of free ammonia and water with or without other nitrogen salts. Nitrogen fertilizer solutions includes all liquid containing more than 2 percent free ammonia and/or having 5 psig. It does not include material containing over 1 percent of phosphorous and/or potassium which is used as plant food. The term "nitrogen fertilizer solution" should be substituted in lieu of the term "anhydrous ammonia" where it appears in these definitions for references made in rules specified in ARM 4.12.701 for rules specifically pertaining to nitrogen fertilizer solutions.

(25) "Pressure vented" is a system equipped with a pressure relief valve or a combination pressure-vacuum relief valve.

(26) "Private assembly" is a location where people gather together but is not generally open to the public.

(27) "Psig" and "Psia" means pounds per square inch gauge and pounds per square inch absolute, respectively.

(28) "Public assembly" is a location that is generally open to the public and where people gather together, including but not limited to, churches, public halls, libraries, clubs and businesses.

(29) "Qualified attendant" means a person who has a knowledge of the characteristics of anhydrous ammonia, its safe handling, safety rules for transfer and application, and has completed an anhydrous ammonia training program conducted by the department or an equivalent training program approved by the department.

(30) "Repair" refers to the work necessary to restore a container or system to a safe and satisfactory operating condition provided that in all cases the container or system design shall continue to comply with the requirements of this standard, or the standard in effect at the time of installation, that special service requirements do not restrict such work and the basic design concept of the system is not altered.

(31) "Safety relief valve" or "pop off valve" is an automatic pressure activated valve for vapor service characterized by pop action upon opening.

(32) "Secured valve" is a valve which is locked, plugged or capped.

(33) "Semi-trailer" refers to a vehicle designed for carrying anhydrous ammonia, which is drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

(34) "System" refers to an assembly of equipment consisting essentially of the container(s) , appurtenances, pumps, compressors, and interconnecting piping.

(35) "Tank" means a vessel designed and constructed for the storage and handling of anhydrous ammonia.

(36) "Tank motor vehicle" means any motor vehicle designed or used for the transportation of anhydrous ammonia in any tank designed to be permanently attached to any motor vehicle or any container not permanently attached to any motor vehicle which by reason of its size, construction or attachment to any motor vehicle must be loaded or unloaded without being removed from the motor vehicle.

(37) "The code" refers to the Unfired Pressure Vessel Code of the American Society of Mechanical Engineers (Sec. 4.12.708 of the ASME Boiler Construction Code) , including editions through 1981 or the Joint Code of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME Code) including editions through 1981 (adopted this 1st day of January, 1982) .

(38) "Vacuum" refers to ounces per square inch of pressure below atmospheric pressure.

(39) "Vapor pressure" unless otherwise specified, shall refer to the pressure developed by the solution at temperature specified.

(40) "Wet hose" is an anhydrous hose with shut-off valves at each end and is capable of containing liquid product at all times.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.703 Disposal

(1) To dispose of anhydrous ammonia, it shall be injected into sufficient water as near as the bottom of the vessel as practical. Sufficient water shall be at least ten parts of water per one part anhydrous ammonia.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.704 Requirements of Construction and Original Test of Containers, Other Than Refrigerated Storage Tanks

(1) Containers used with systems covered in ARM 4.12.719 shall be constructed, installed, and tested as follows:

(a) the Unfired Pressure Vessel Code of ASME, except that construction under Paragraph UW 9 at a basic joint efficiency of under eighty percent is not authorized, and compliance with Paragraphs UG 132 and UG 133 shall not be required; or

(b) the 1951 edition of the Joint Code of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME) , except that a basic joint efficiency of under eighty percent is not authorized, and compliance with Paragraph W 601 through W 609 and ASME's Table A shall not be required.

(2) Containers exceeding 36 inches in diameter or 250 gallon capacity shall be constructed to comply with one or more of the following requirements in addition to ARM 4.12.704(1) :

(a) containers shall be stress-relieved after fabrication in accordance with the Code; or

(b) cold formed heads when used shall be stress-relieved; or

(3) Non-Code welding shall be made only on saddles or brackets originally welded to the container by the manufacturer. Non-Code welding directly to the container or any part subject to pressure is not authorized.

(4) All containers, except refrigerated storage tanks, with a design pressure of less than 15 psig shall be inspected by a person having a current certificate of competency from the National Board of Boiler and Pressure Vessel Inspectors.

(5) The provisions of ARM 4.12.704 (1) shall not be construed as prohibiting the continued use or re-installation of containers constructed and maintained prior to the effective date of these rules.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.705 Manufacturer's Marking Requirements on Containers and Systems

(1) Each container or system covered in ARM 4.12.719, ARM 4.12.720, ARM 4.12.721, ARM 4.12.722, shall be marked as follows:

(a) With a mark identifying compliance with and other markings required by the rules of the code under which the container is constructed, with the capacity of the container in pounds or gallons (U.S. Standards) , with the working pressure in psig for which the container is designed, and with the thickness of the shell and heads. This information shall appear:

(i) on the container and system nameplate on underground installations;

(ii) on the container on aboveground installations.

(b) With the name, address and phone number of the supplier of the system and the date of manufacture. This information shall appear on the system nameplate for both underground and aboveground containers.

(c) With markings indicating the maximum level to which the container may be filled with liquid at temperatures between 20 degrees Fahrenheit (F) and 100 degrees F, except on containers provided with fixed maximum level indicators or which are filled by weighing. Markings shall be in increments of not more than 20 degrees F and shall appear on the system nameplate or on the liquid level gauging device on both underground and aboveground containers. Refrigerated storage tanks shall be exempt from these requirements but shall be marked to show the maximum permissible liquid level, see ARM 4.12.712.

(d) With the overall length and outside diameter of the container. This information shall appear:

(i) on the system nameplate on underground containers;

(ii) on the container on aboveground containers.

(2) All main operating valves on permanently installed storage containers having a capacity of over 2000 water gallons shall be identified to show whether the valve is in liquid or vapor service. The method of identification shall be by label or color code as follows:

(a) the label LIQUID (or LIQUID VALVE) or VAPOR (or VAPOR VALVE) , as appropriate, shall be placed on or within twelve inches of the valve by means of a stencil tag or decal; or

(b) liquid valves shall be painted orange and vapor valves shall be painted yellow. The legend ORANGE-LIQUID or YELLOW-VAPOR shall be displayed in at least one conspicuous place at each permanent storage location. The legend shall have letters at least two inches high and shall be placed against a contrasting background.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.706 Location of Storage Tanks

(1) Tanks shall be located outside of buildings unless the building is especially constructed for the safe handling and storage of anhydrous ammonia. Permanent storage shall be located outside of densely populated areas and subject to the approval of the department as follows if located within the corporate limits of a village, town, or city, written approval of the municipality's governing body or a county zoning permit shall be submitted to the department before tentative approval to begin construction of a permanent storage facility will be given. The intended storage must be completed and approved by the department within one year from the date written tentative approval was given. Final approval will be given if the facility and equipment complies with the department's rules.

(2) Containers shall be located at least 50 feet from a dug well or other source of potable water.

(3) Container locations shall comply with the following distance requirements:

Minimum Distances (feet) from Container to:

(4) The department may permit replacement storage tanks to be installed. Replacement tanks must meet all requirements of these rules. The provisions concerning replacement of tanks applies specifically to installations installed prior to the effective date of these rules.

(5) A nurse tank of not more than 2,000 gallons or less than 1,000 gallons water capacity may be used as temporary age in instances where anhydrous ammonia is used in the manufacturing of liquid or suspension fertilizers provided that written approval of the municipality's governing board or a county zoning permit shall be submitted to the department before site approval will be given. Approval will be given based upon compliance with the requirements of this paragraph. The distance of the temporary storage nurse tank shall not be less than 50 feet from the property line or source of drinking water, not less than 150 feet from existing places of private or public assembly, or not less than 750 feet from any place of institutional occupancy. The draw bar must be securely fastened to an anchoring device so as to render the nurse tank immovable while being used in the manufacturing of fertilizer. During the time the place is unattended, all liquid and vapor valves must be secured.

Nominal Capacity of Container(s) (Gallons) | Property Line, Road Right-of-Way and Railroad Mainline-feet | Place of Private or Public Assembly-feet | Institutional Occupancy-feet 001 to 2,000 | 50 | 150 | 750 Over 2,001 | 50 | 400 | 1,000

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.707 Container Appurtenances

(1) All appurtenances shall be designed for not less than the maximum working pressure of that portion of the system on which they are installed. All appurtenances shall be fabricated from materials suitable for use in anhydrous ammonia service.

(2) All connections to containers, except safety relief connections and gauging devices, shall have shutoff valves located as close to the container as practicable.

(3) Liquid level gauging devices, which are so constructed that outward flow of container content shall not exceed that passed by a No. 54 drill size opening, need not be equipped with excess flow valves.

(4) Container openings or through fittings (directly on container and used for pressure gauge connections) need not be equipped with excess flow valves if such openings are protected by a vent hole not larger than a No. 54 drill size hole.

(5) All excess flow valves shall be clearly and permanently marked with the name or trademark of the manufacturer, the catalog number, and the rated capacity.

(6) Excess flow valves shall close automatically at the vapor or liquid rated flows as specified by the manufacturer. The connections and line, including appurtenances being protected by an excess flow valve, shall have a greater capacity than the rated flow of the excess flow valve so the valve will close in case of failure at any point in the line or fittings.

(7) Excess flow and back pressure check valves shall be located inside the container or at a point outside where the line enters the container. In the latter case, installation shall be made in such a manner that any undue strain, beyond the excess flow or back pressure check valve, will not cause breakage between the container and the excess flow valve.

(8) Excess flow valves shall be designed with a by-pass, not to exceed a No. 60 drill size opening, to allow equalization of pressure.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.708 Piping, Tubing and Fittings

(1) All piping, tubing and fittings shall be made of material suitable for use in anhydrous ammonia service.

(2) All piping, tubing, and fittings shall be designed for a pressure not less than the maximum pressure to which they may be subjected in service.

(3) All piping shall be supported to prevent damage to the pipes. Provisions shall be made for expansion, contraction, jarring, vibration, and for settling. All refrigeration system piping shall conform to the Refrigeration Piping Code (ANSI B31.5) as it applies to anhydrous ammonia.

(4) Piping used on non-refrigerated systems shall be at least ASTM A-53 Grade B Electric Resistance Welded and Electric Flash Welded Pipe or equivalent. Such pipe shall be at least Schedule 40 when joints are welded, or welded and flanged. Such pipe shall be at least Schedule 80 when joints are threaded.

(5) Metal, flexible connections may be used to provide for expansion, contraction, jarring, vibrating, and for settling. In no case shall the angle of the connection exceed 15 degrees. All such connections shall comply with the standards set forth in ANSI K 61.1, Section 2.7.5.

(6) Cast iron fittings shall not be used, but this rule shall not prohibit the use of fittings made especially for anhydrous ammonia service of malleable or nodular iron, such as, Specification ASTM A 47 or ASTM A 395.

(7) Provisions shall be made to protect all exposed piping from physical damage that might result from moving machinery, the presence of automobiles or trucks, or any other undue strain that may be placed upon the piping.

(8) Joint compounds shall be compatible with anhydrous ammonia.

(9) After assembly, all piping and tubing shall be tested and proven free of leaks at a pressure not less than the normal operating pressure of the system.

(10) Connecting more than one storage tank to a single manifold line is prohibited unless the combined rated flow of the excess flow valves in all connected tanks does not exceed the maximum capacity of the main manifold line. Should the capacity of the line be reduced, excess flow valves of equal to or smaller capacity than the maximum capacity of the line are to be installed at the point of reduction.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.709 Hose Specification

(1) Hoses used in anhydrous ammonia service and subject to container pressure shall conform to the joint Rubber Manufacturers Association's and the Fertilizer Institute's "Hose Specifications for Anhydrous Ammonia" (Table B of the Joint Association's booklet) .

(2) Hoses subject to container pressure shall be designed for a minimum working pressure of 350 psig and a minimum burst pressure of 1750 psig. Hose assemblies shall be capable of withstanding a test pressure of 500 psig.

(3) Unless the manufacturer indicates otherwise,

(a) hoses from the date of manufacture shall be changed no longer than as follows:

(i) every two years for rayon braid hoses;

(ii) every five years for stainless steel hoses.

(b) If a verification of the date of purchase or the date the hoses were put into service is made available to the department, then the hoses shall be changed no longer than:

(i) two years from the date of purchase or placement into service but not to exceed three years from date of manufacture for rayon hoses;

(ii) five years from the date of purchase or placement into service but not to exceed six years from the date of manufacture for stainless steel hoses.

(4) Hose and hose connections located on the low pressure side of flow control or pressure reducing valves on devices discharging at atmospheric pressure shall be designed for the maximum low side working pressure. All connections shall be designed, constructed, and installed so there will be no leakage when connected.

(5) Where liquid transfer hose is not drained upon completion of transfer operations, such hose shall be equipped with an approved shutoff valve at the discharge end. Provisions shall be made to prevent excessive pressure in the hose, see ARM 4.12.710(10) .

(6) On hoses one-half inch in diameter or larger which are used for the transfer of anhydrous ammonia liquid or vapor, there shall be etched, cast, or impressed at five foot intervals the following information:

Anhydrous Ammonia

xxx psig (Maximum Working Pressure)

Manufacturer's Name or Trademark

Year of Manufacture (or replacement date)

(7) Hoses used for transferring material (both liquid and vapor) to and from nurse tanks shall be restricted to a 25 feet maximum length and shall be racked when not in use to prevent undue damage to hose.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA, NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.710 Safety Relief Devices

(1) Every container used in the storage or transporting of anhydrous ammonia shall be provided with one or more safety relief valves of the spring-loaded type. The discharge from safety relief valves shall be vented away from the container, upward and unobstructed into the atmosphere. All safety relief valve discharge openings shall have raincaps that will allow free discharge of the vapor and prevent the entrance of water. Provision shall be made for draining condensation which may accumulate. The rate of discharge shall be in accordance with Table A.

(2) Container safety relief valves shall be set to start-to-discharge in relation to the design pressure of the container as follows:

department of transportation (as required by Hazardous Materials Regulations, section 173.315 (I-3 and 3) ) .

(3) Safety relief devices shall be constructed to discharge at not less than the rates required in ARM 4.12.710(1) before the pressure is in excess of 120 percent (not including the 10% tolerance referred to in ARA 4.12.710(2) of the maximum permitted start-to-discharge pressure setting of the device.

(4) Safety relief valves shall be arranged so the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valve adjustment shall be sealed.

(5) Shutoff valves shall not be installed between the safety relief valves and the containers, except a shutoff valve may be used where the arrangement of this valve always affords required capacity flow through the relief valves. Examples:

(a) A three-way valve installed under two safety relief valves, each of which has the required rate of discharge and is so installed as to allow either of the safety valves to be closed, but does not allow both safety valves to be closed at the same time.

(b) Two separate relief valves are installed with individual shutoff valves. In this case, the two shutoff valve stems shall be mechanically interconnected in a manner which will allow full required flow of one safety relief valve at all times.

(c) A safety relief valve manifold which allows one valve of two, three, four, or more to be closed and the remaining valve(s) will provide not less than the rate of discharge to allow the proper cubic feet per minute of air in relation to tank capacity as shown in Table A.

(6) Safety relief valves shall have direct communication with the vapor space of the container.

(7) Each safety relief valve used with systems shall be plainly and permanently marked as follows:

(a) with the letters "AA" or the symbol "NH3";

(b) the pressure in psig at which the valve is set to start-to-discharge;

(c) the rate of discharge of the valve in cubic feet per minute of the air at 60 degrees F and atmospheric pressure (14.7 psia) ;

(d) the manufacturer's name and catalog number.

(8) The flow capacity of the safety relief valve shall not be restricted by any connection to it on either the upstream or downstream side.

(9) The manufacturer or supplier of a safety relief valve manifold shall furnish complete data showing the flow rating through the combined assembly of the manifold with safety relief valves installed.

(10) A hydrostatic relief valve, venting to atmosphere at a safe location, shall be installed between each pair of shutoff valves in an ammonia line where the liquid may be trapped, except when the hose or line is protected by an internal equalizing valve with a differential pressure so designed as to not exceed 50 psig. The start-to-discharge pressure of hydrostatic relief valves shall be not less than 350 psig and not in excess of 400 psig.

(11) Discharge from safety relief devices shall not terminate within or beneath any building.

Containers | Minimum | Maximum ASME-U-68, U-69 | 110% | 125% ASME-U-200, U-201 | 95% | 100% ASME 1952, 1956, 1959, 1962, 1965, 1968 or 1971 | 95% | 100% API-ASME | 95% | 100%

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.711 Safety

(1) A qualified attendant is required to transfer anhydrous ammonia and shall be trained in safe operating practices, use of equipment, safety devices, and the proper action to take in the event of emergencies.

(2) All storage systems shall have on hand, as a minimum, the following equipment for emergency and rescue purposes:

(a) one gas mask with 2 refill canisters suitable for anhydrous ammonia use. Canisters shall not be opened until ready for use and shall be discarded after use. Canisters outside date limitations will not be accepted as meeting the requirements of this rule.

(b) one pair of protective gloves made of material impervious to anhydrous ammonia (NH3) ;

(d) one protective slicker/apron or protective pants and jacket made of material impervious to anhydrous ammonia (NH3) ;

(e) easily accessible shower within the work area or at least 75 gallons of clean water in an open top container;

(f) tight-fitting, vented chemical goggles.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA, NEW, 1986 MAR p. 1820. Eff. 10/31/86.

Mont. Admin. R. 4.12.712 Fillings Densities

(1) Filling density shall be limited to 85 percent capacity by volume at 60 degrees F.

(2) The filling densities for nonrefrigerated containers by weight shall not exceed the following:

Aboveground Underground

(a) Uninsulated 56% 58%

(b) Insulated 57%

(c) Containers regulated by department of transportation shall be filled in accordance with Hazardous Materials Transportation Regulations (Subch. C, ARM 171.6) .

(3) The filling density for refrigerated storage tanks shall be such that the tanks will not be liquid full at a liquid temperature corresponding to the vapor pressure at the start-to-discharge pressure setting of the safety relief valve.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1320, Eff. 10/31/86.

Mont. Admin. R. 4.12.713 Transfer of Liquids

(1) A qualified attendant shall supervise transfer liquids from the time the connections are first made until the rail car is finally disconnected or the transport truck is completely unloaded and finally disconnected. Any time a site is unattended, the tank car shall not be connected to the unloading riser. During the transfer operations of the transport, chock blocks shall be so placed as to prevent rolling of the vehicle.

(2) Containers shall be filled or used only upon written authorization of owners.

(3) Containers shall be gauged and charged only in the open air or in a building especially provided for that purpose.

(4) Pumps used for transferring anhydrous ammonia shall be recommended and labelled for anhydrous ammonia service by the manufacturer:

(a) Liquid pumps may be piston, rotary, centrifugal or regenerative type for 250 psig working pressure.

(b) Positive displacement pumps shall have installed off the discharge port a constant differential relief valve discharging through a line of sufficient size to carry the full capacity of the pump at relief valve setting, which setting and installation shall be according to pump manufacturer's recommendation.

(c) A pressure gauge graduated from 0 to 400 psig shall be installed before the relief valve line on the discharge side of the pump.

(d) Centrifugal or regenerative pumps do not require a bypass valve, but the installation shall incorporate a line from the discharge side of the pump to the vapor space of the supplying tank and a shutoff valve shall be installed in this line.

(5) Plant piping shall contain shutoff valves located as close as practical to the pump connections.

(6) Compressors used for transferring or refrigerating anhydrous ammonia shall be recommended and labelled for anhydrous ammonia service by the manufacturer:

(a) Compressors may be reciprocating or rotary design for 250 psig working pressure.

(b) Plant piping shall contain shutoff valves located as close as practical to compressor connections.

(c) A relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shutoff valve. The discharging pressure of this valve shall not exceed 300 psig and shall be installed so that it will be vented in a safe location if discharged.

(d) Compressors shall have pressure gauges graduated from 0-400 psig at suction and discharge.

(e) Adequate means, such as a drainable liquid trap, shall be provided on the compressor suction to minimize the entry of the liquid into the compressor.

(7) Loading and unloading systems shall be protected by backflow check valves or properly sized excess flow valves to prevent the emptying of the storage container(s) in the event of severance of the hose.

(8) Transport vehicles shall not be utilized for bulk storage of anhydrous ammonia unless incapacitated at an approved site.

(9) Railway tank cars must be transferred at a site that has a permanent storage tank of a capacity equal to 50 percent of the railway tank car. Sites not able to meet the 50 percent transfer requirement shall apply to the department annually for a letter of authorization. The department shall, after inspecting the site and its facilities and if these are found in compliance with these rules, except for the 50 percent requirement, issue a one year permit allowing the transfer of anhydrous ammonia at such site. In the case of paragraph 11 of this section, no letter of authorization is required.

(10) All transport or railroad loading and unloading riser liquid and vapor valves must be secured valves or a security fence with two gates on opposite sides shall be installed and kept locked during the time the plant is unattended.

(11) The transfer of anhydrous ammonia from a tank car or transport to any other unit for the purpose of converting anhydrous ammonia to aqueous ammonia shall only be done upon a railway spur owned or leased to the operator of such facility where the railway tank car can be retained for an indefinite period and where an aqueous converter is installed at a site. The transfer must be done in one continuous operation. The requirements of ARM 4.12.706 must be met before such site and facility will be approved by the department. Approved anhydrous ammonia installations designed for converting aqueous ammonia must have sufficient permanent storage to permit continuous and uninterrupted unloading from railway tank cars or trucks.

(12) Provision must be made to prevent bleeding of transport and rail car liquid lines or hoses into the atmosphere when disconnecting. This shall be done through the use of wet hose with a shut-off valve at each end of the hose, by bleeding into water at no greater rate than one gallon of anhydrous ammonia to ten (10) gallons of ammonia-free water to prevent discharge of fumes into the atmosphere, or with an approved recovery vapor system.

(13) The filling of mobile containers with a capacity of 2000 gallons or less with anhydrous ammonia is permissible only at a permanent storage facility approved by the department for this purpose. Anhydrous ammonia may be transferred from a transport truck or other vehicle with a maximum capacity of 10,500 gallons into containers of 2,000 gallons capacity or less mounted on farm vehicles or containers of 3,000 gallons mounted on motor-driven applicators. This transfer operation is limited to rural areas and only on the premises of the consignee.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.714 Tank Car Operations

(1) Caution signs shall be so placed on the track or car as to give necessary warning to persons approaching car from open end or ends of siding. These signs shall be left up until after car is unloaded and disconnected from discharge connections. Durable signs shall be at least 12 by 15 inches in size and bear the words "Stop-Tank Car Connected" or "Stop-Men at work". The word "Stop" shall be in letters at least 4 inches high and the other words in letters at least 2 inches high on a background of contrasting color.

(2) The track of a tank car siding shall be substantially level.

(3) Brakes shall be set and wheels blocked on all cars being unloaded.

(4) Tank cars of anhydrous ammonia shall be unloaded only at permanent storage locations.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.715 Liquid Level Gauging Devices

(1) Each container, except containers filled by weight, shall be equipped with a liquid level gauging device of approved design.

(2) All gauging devices shall be arranged so that the maximum liquid level to which the container may be filled is readily determined.

(3) Gauging devices that require bleeding of the product to the atmosphere, such as the rotary tube, fixed tube and slip tube, shall be so designed that the bleed valve maximum opening is not larger than a No. 54 drill size, unless the device is equipped with an excess flow valve.

(4) Gauging devices shall have a design working pressure at least equal to the design pressure of the storage tank on which they are used.

(5) Fixed liquid level gauges shall be so designed that the maximum volume of the container filled by liquid shall not exceed 85 percent of its water capacity. The coupling into which the fixed liquid level gauge is threaded must be placed at the 85 percent level of the container. If located elsewhere, the dip tube of this gauge must be installed in such a manner that it cannot be readily removed. This does not apply to refrigerated storage of anhydrous ammonia.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.716 Painting of Containers

(1) All aboveground containers shall be painted white or a light reflecting color.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.717 Information Sign

(1) A sign with letters of a minimum height of two inches giving the name, address, and telephone number of owner, manager or agent of the anhydrous ammonia storage location shall appear at the site entrance(s) to the property or apart from the storage tanks. This information shall also appear on all tanks containing anhydrous ammonia.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.718 Electrical Equipment and Wiring

(1) Electrical equipment and wiring for use in anhydrous ammonia installations shall be either general purpose or weather resistant as appropriate.

(2) Where concentrations of ammonia in air in excess of 16 percent by volume are likely to be encountered, electrical equipment and wiring shall be of a type specified by and installed in accordance with National Electrical Code (National Fire Prevention Association 70, ANSI-C1) for Class 1, Group D locations.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): . 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.719 Systems Utilizing Stationary, Pier-Mounted or Skid-Mounted Aboveground or Underground Non-Refrigerated Storage

(1) Design, working pressure and classification of containers:

(a) containers shall be constructed in accordance with ARM 4.12.704 with a minimum design pressure of 250 psig;

(b) U-68 and U-69 ASME Code containers with a design pressure of 200 psig are acceptable if recertified to 250 psig and equipped with safety relief valves set at 250 psig as stated in ARM 4.12.710(2) .

(2) Installation of storage containers:

(a) Aboveground installation of anhydrous ammonia containers shall be installed on reinforced concrete footings or foundations or structural steel supports mounted on reinforced concrete foundations or sufficient equivalent prepared on gravel pad. The reinforced concrete foundations or footings must extend below the established frost line and shall be of sufficient width and thickness to support the total weight of the containers and contents adequately. The foundations shall maintain the lowest point of the tank at not less than 24 inches above the ground. I-beams shall support the weight of the tank and product.

(b) Skid-mounted anhydrous ammonia storage tanks must be installed on permanent concrete footing or adequate floating reinforced concrete slabs. Skid-mounted units shall include all piping and pumps or compressors as one unit. If the design of such a unit precludes a minimum of 24 inches ground-to-tank clearance, bottom-side inlet, outlet valves and piping are prohibited.

(c) Horizontal aboveground containers shall be mounted on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. Means of preventing corrosion shall be provided on that portion of the container in contact with the foundations or saddles.

(d) Secure anchorage or adequate pier height shall be provided against container flotation wherever high flood water might occur.

(e) Distance between aboveground containers over 2000 gallons capacity shall be at least five feet.

(f) Container buried underground shall be placed so that the top of the container is at least one foot below the surface of the ground. Should ground conditions make compliance with this requirement impracticable, precautions, such as guard rails, shall be taken to prevent physical damage to the container. It will not be necessary to cover the portion of the container to which a manhole and other connections are affixed. When necessary to prevent flotation, containers shall be securely anchored or weighted.

(g) Underground containers shall be set on firm foundations (firm earth may be used) and surrounded with soft earth or sand well tamped in place. As a further means of resisting corrosion, the container, prior to being placed underground, shall be given a protective coating equivalent to hot dip galvanizing or two preliminary coatings of red lead followed by a heavy coating of coal tar or asphalt. The coated container shall be lowered into place in such a manner as to prevent abrasion or other damage to the coating.

(3) Container valves and accessories:

(a) all containers shall be equipped with a fixed liquid level gauge;

(b) all containers shall be equipped with a vapor pressure indicating gauge having a dial graduated from 0-400 psig;

(c) the filling connection shall be fitted with an approved combination back-pressure check valve, excess-flow valve, or a positive shutoff valve in conjunction with either an internal back-pressure check valve or an internal excess-flow valve;

(d) all containers shall be equipped with an approved vapor return valve;

(e) all vapor and liquid connections, except safety relief valves and those specifically exempt in this section, shall be equipped with approved excess-flow valves or fitted with approved remote controlled quick-closing internal valves which shall remain closed, except during operating periods.

(4) Every container shall be provided with one or more safety relief valves of the spring-loaded type and shall comply with the following:

(a) The discharge from safety relief valves shall be directed upward, unobstructed into the open air, and away from the container. Vent pipes shall not be restricted nor smaller in size than the relief valve outlet connection. All relief valve discharges shall have raincaps that will allow the free discharge of the vapor and prevent the entrance of water. Provision shall be made for draining condensation which may accumulate.

(b) Vent pipes from two or more safety relief devices located on the same unit or similar lines from two or more different units may be run into a common header, provided the cross-sectional area of the header is at least equal to the sum of the cross-sectional area of the individual vent pipes.

(5) Underground containers:

(a) Spring-loaded relief valves installed on underground containers may be reduced to a minimum of 30 percent of the rate of discharge specified in Table A. Containers so protected shall not be uncovered after installation until the liquid anhydrous ammonia has been removed. Containers which may contain liquid anhydrous ammonia before being installed underground and before completely covered with earth are to be considered aboveground containers when determining the rate of discharge requirement of the relief valves.

(b) The discharge from vent pipes should be above the possible water level on underground installation where there is a probability that the manhole or housing may become flooded. All manholes or housings shall be provided with ventilated louvers or their equivalent. The area of such openings shall equal or exceed the combined discharge areas of safety relief valves and vent pipes that discharge their content into the manhole housing.

(6) Each tank or group of tanks shall be marked on at least two approaching sides with the words "Caution-Ammonia" or "Caution-Anhydrous Ammonia" in sharply contrasting colors with letters not less than four inches high.

(7) Individual storage container capacity shall be limited only by good engineering practice (according to the code) .

(8) Protection of tank accessories and grounding:

(a) Valves and other appurtenances shall be protected against tampering and physical damage. Such appurtenances shall also be protected during the transit of containers intended for installation underground.

(b) All connections to underground containers shall be located within a metal dome, housing, or manhole fitted with a metal removable cover.

(c) Storage tanks need not be grounded. Where an electrical system exists, such as for lights or pump motors, the electrical system shall be installed and grounded in a manner as required by the National Electrical Code or local ordinance.

(d) Manually controlled valves, which if open would allow anhydrous ammonia to discharge into the atmosphere, shall be kept secured when the installation is unattended.

(e) All areas occupied by storage installations shall be kept free of dry grass and weeds.

(f) The owner of an abandoned storage system shall be responsible for its maintenance, safe disposal of anhydrous ammonia, and shall keep the storage site free of dry grass and weeds.

(9) Containers once installed underground shall not later be installed aboveground or underground, unless they successfully withstand hydrostatic pressure tests at the pressure specified for the original hydrostatic test as required by the code under which the container was constructed and show no evidence of serious corrosion. Reinstalled containers must also comply with ARM 4.12.719(3) .

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.720 Systems Mounted on Farm Wagons (implements of Husbandry) for the Transportation of Anhydrous Ammonia

(1) This section applied to containers of 2000 gallons capacity or less and pertinent equipment mounted on farm wagons (implements of husbandry) and used for the transportation of anhydrous ammonia. ARM 4.12.704 to ARM 4.12.718 apply to this section unless otherwise noted.

(2) Design, working pressure and classification of containers:

(a) containers shall be constructed in accordance with ARM 4.12.704 with a minimum design pressure of 250 psig;

(b) the shell or head thickness of any container shall not be less than 3/16 of an inch;

(3) Mounting container:

(a) Stop or stops shall be mounted on the truck, semi-trailer, or trailer or on the container in such a way that the container shall not be dislodged from its mounting due to the vehicle coming to a sudden stop. Back slippage shall also be prevented.

(b) A hold-down device shall be provided which will anchor the container to the vehicle at one or more places on each side of the container.

(c) When containers are mounted on four-wheel trailers, care shall be taken to insure that the weight is distributed evenly over both axles.

(d) When the cradle and the tank are not welded together, material shall be used between the two to eliminate metal-to-metal friction.

(4) Container valves and accessories:

(a) All containers shall be equipped with a fixed liquid level gauge.

(b) All containers with a capacity of 250 gallons or more shall be equipped with a pressure indication gauge having a dial graduated from 0-400 psig.

(c) The filling connection shall be fitted with a positive shutoff valve in conjunction with either an internal back-pressure check valve or an internal excess-flow valve.

(d) All containers with a capacity exceeding 250 gallons shall be equipped for spray loading or with a vapor return valve.

(e) All vapor liquid connections, except safety relief valves and those specifically exempt in ARM 4.12.707 shall be equipped with excess-flow valves or quick-closing internal valves which shall remain closed except during operating periods.

(f) Fittings shall be adequately protected from physical damage by:

(i) a metal box or cylinder with an open top securely fastened to the container;

(ii) rigid guards, well braced, welded to the container on both sides of the fittings; or

(iii) a metal dome. If a metal dome is used, the relief valve shall be properly vented through the dome.

(g) If a liquid withdrawal line is installed in the bottom of the container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the vehicle axle.

(h) Both ends of the hose shall be made secure while in transit.

(5) Marking of container:

(a) Four (4) diamond type, non-flammable, department of transportation gas placards shall be displayed (one on each side and one on each end) .

(b) The words "Anhydrous Ammonia" shall appear on each side and each end in letters no less than two (2) inches high.

(c) The words "Liquid" or "Vapor" shall be placed on or within 12 inches of the appropriate valve by means of stencil, tag, decal, or color coding with a legible legend ORANGE LIQUID and YELLOW VAPOR on the tank.

(6) Farm wagons (implements of husbandry) :

(a) Farm wagons (implements of husbandry) are as defined in the Montana Motor Vehicle Code.

(b) All farm wagons shall be securely attached to the vehicle drawing them by means of drawbars supplemented by safety chains of sufficient size and strength to prevent the towed vehicle parting from the drawing vehicle in case the drawbar should break or become disengaged.

(c) A farm wagon shall be constructed so that it will follow substantially in the path of the towing vehicle and will prevent the towed farm wagon from dangerously whipping or swerving from side to side.

(d) All farm wagons shall have at least five (5) gallons of readily available clean water.

(7) Nurse tanks containing anhydrous ammonia shall be stored no less than 50 feet from the edge of the adjacent road, 150 feet from place of private or public assembly, and 750 feet from place of institutional occupancy.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.721 Systems Mounted on Equipment (implements of Husbandry) for the Application of Anhydrous Ammonia

(1) This section applies to systems mounted on farm equipment and used for the field application of anhydrous ammonia. ARM 4.12.704 through ARM 4.12.718 apply to this section unless otherwise noted.

(2) Design, working pressure and classification of containers:

(a) Containers shall be constructed in accordance with ARM 4.12.704 with a minimum design pressure of 250 psig.

(b) The shell or head thickness of any container shall not be less than 3/16 of an inch.

(3) Mounting of containers:

(a) All containers and flow-control devices shall be securely mounted.

(b) Applicators must be marked the same way as systems mounted on farm wagons transporting anhydrous ammonia. (See ARM 4.12.720(5) .

(4) Containers, valves and accessories:

(a) Each container shall have a fixed liquid level gauge.

(b) The filling connection shall be fitted with a positive shutoff valve in conjunction with either an internal back-pressure check valve or an internal excess-flow valve.

(c) To assist in filling applicator tanks, it will be permissible to bleed the tank to open air provided the controlling orifice of the bleeder valve is not in excess of 5/16 inch in diameter. In this instance, an excess flow valve is not required.

(d) Metering devices may be connected directly to the tank withdrawal valve. A union type connection is permissible between the tank valve and metering device. Remote mounting of metering devices is permissible if the hose which meets the specifications set out in Table B is used. When the applicator tank is trailed and the metering device is remotely mounted, such as on the tractor tool bar, an automatic break-a-way, self-closing coupling shall be used.

(e) Valves and accessories shall be protected by means of well braced, rigid guards, and secured to the container on both sides of the fittings. The guards shall be designed to withstand a force in any direction of two times the weight of the loaded container.

(f) Applicators shall be filled at least 100 yards from any occupied building at any off-approved site.

(5) Safety equipment and operation shall be in accordance with the Montana Vehicle Code including ARM 23.3.420.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.722 Refrigerated Storage

(1) Design of tanks:

(a) Tanks may be designed for any storage pressure desired as determined by economical design of the refrigerated system.

(b) Tanks with a design pressure exceeding 15 psig shall be constructed in accordance with ARM 4.12.704 in addition the materials shall comply with ARM 4.12.704.

(c) Tanks with a design pressure of 15 psig and less shall be constructed in accordance with the general requirements of American Petroleum Institute Standard 620 or API Standard 12-C with the following modifications:

(i) The liquid specific gravity used for design shall be at least as high as the maximum specific gravity at minimum storage temperature of the ammonia being stored.

(ii) The joint efficiency shall not exceed 0.85 unless inspection requirements exceed those of API Standard 12-C. A joint efficiency of 1.00 may be used provided all shell weld junctions are radiographed in addition to the spot radiographic requirements of API Standard 12-C. Full penetration double butt weld shall be used for girth joints.

(iii) The design of shells other than vertical cylindrical tanks for all pressure up to 15 psig inclusive shall use design stresses no higher than the stress values given for pressures from 0.5 to 5 psig inclusive in the first edition of API Standard 620.

(d) Refrigerated storage tanks shall be hydrostatically tested to the highest level possible without the shell membrane stress during the test exceeding 30 percent of the specified minimum yield strength of the shell material. When this limitation precludes completely filling the tank, the remaining welded joints shall be tested using penetrant test methods specified in API Standard 12-C.

(e) Ferritic steels for tank shells and bottoms shall be selected for the design temperature. This application may be based on impact test requirements or equivalent criteria (See Table B) .

(f) When austenitic steels or non-ferrous materials are used the code shall be used as a guide for temperature requirements.

(g) Materials for nozzles, attached flanges, structural members which are in tension, and other such critical elements shall be selected for the design temperature. This selection may be based on impact test requirements or equivalent criteria (See Table B) .

(2) Installation of storage tank:

(a) Tanks shall be supported on a non-combustible foundation designed to accommodate the type of tank being used.

(b) Secure anchorage or adequate pier height shall be provided against tank flotation wherever high flood water might occur.

(3) Tank valves and accessories, fill pipes and discharge pipes:

(a) Shutoff valves shall be:

(i) provided for all connections, except those with a No. 54 drill size restriction, plugs, safety valves, thermometer wells; and

(ii) located as close to the tank as practicable.

(b) When operating conditions make it advisable, a check valve shall be installed on the fill connection and a remotely operated shutoff valve on other connections located below the maximum liquid level.

(4) Safety devices:

(a) Safety relief valves shall be set to start-to-discharge at a pressure not in excess of the design pressure of the tank and shall have a total relieving capacity sufficient to prevent a maximum pressure in a container of more than 120 percent of the design pressure.

(b) The size of relief valves shall be determined by the largest volume requirement of the following:

(i) possible refrigeration system upset, such as:

(A) cooling water failure,

(B) power failure,

(D) mechanical failure of any equipment, or

(E) excessive pumping rates.

(ii) the American National Standards Institute's Fire Safety Provisions (Section 4.5.2.2) .

(i) The discharge from safety relief valve shall be vented away from the tank at any desired angle above the horizon using a vent stack designed for weather protection. The size of discharge lines from safety relief valves shall not be smaller than the nominal size of the relief valve outlet connections. Provisions shall be made for draining condensation which may accumulate.

(ii) Discharge lines from two or more safety relief devices located on the same unit may be run into a common discharge header, provided the cross-sectional area of such header is at least equal to the sum of the cross-sectional area of the individual discharge lines and that the settings of the safety relief valves are the same.

(5) Protection of tank accessories and grounding: Refrigerated storage tanks shall comply with the provisions of ARM 4.12.719(9) .

(6) Tanks of such size as to require field fabrication shall, when moved and reinstalled, be reconstructed and reinspected in complete accordance with the code under which they were constructed. The tanks shall be subjected to a pressure retest, and if re-rating is necessary, it shall be done in accordance with the applicable code procedures.

(7) Precaution shall be taken to avoid any damage by trucks, tractors or other vehicles.

(8) Refrigerated load and equipment:

(a) The total refrigeration load shall be computed as the sum of the following:

(i) Load imposed by heat flow into the tank caused by the temperature differential between design ambient temperature and storage temperature.

(ii) Load imposed by heat flow into the tank caused by maximum sun radiation.

(iii) Maximum load imposed by filling the tank with anhydrous ammonia warmer than the design storage temperature.

(b) More than one storage tank may be handled by the same refrigeration system.

(i) A minimum of two compressors shall be provided either of which is of sufficient size to handle the loads listed in ARM 4.12.722(8) (a) (i) (ii) . Where more than two compressors are provided, minimum standby equipment equal to the largest normally operating equipment shall be installed.

(ii) Compressors shall be sized to operate with a suction pressure at least 10 percent below the minimum setting of the safety valves) on the storage tank and shall withstand a suction pressure at least equal to 120 percent of the design pressure of the tank. Discharge pressure will be governed by condensing conditions.

(d) Compressor drives:

(i) Each compressor shall have its individual driving unit.

(ii) Any standard drive consistent with good design may be used.

(iii) An emergency source of power of sufficient capacity to handle the loads in ARM 4.12.722(8) (a) (i) (ii) shall be provided, unless facilities are provided to safely dispose of vented vapors while the refrigeration system is not operating.

(e) Automatic control equipment:

(i) The refrigeration system shall be arranged with suitable controls to govern the compressor operation in accordance with the load as evidenced by pressure in the tank or tanks.

(ii) Any emergency alarm system shall be installed to function in the event the pressure in the tank or tanks rises to the maximum allowable operating pressure.

(iii) An emergency alarm and shutoff shall be located in the condenser system to respond to excess discharge pressure caused by failure of the cooling medium.

(iv) All automatic controls shall be installed in a manner to preclude operation of alternate compressors unless the controls will function with the alternate compressors.

(f) Separators:

(i) An entrainment separator of a size capable of holding any liquid material entering the line during the transfer operation shall be installed in the compressor suction line. The separator shall be equipped with a drain and gauging device.

(ii) An oil separator of a size capable of holding any liquid material entering the line during the transfer operation shall be installed in the compressor discharge line. It shall be designed for at least 250 psig and shall be equipped with a gauging device and drain valve.

(g) Condensers: The condenser system may be cooled by air or water or both. The condenser shall be designed for at least 250 psig. Provision shall be made for purging non-condensibles either manually or automatically.

(h) Receiver and liquid drain: A receiver shall be provided which is equipped with an automatic float valve to discharge the liquid anhydrous ammonia to storage or with a high pressure liquid drain trap of a capacity capable of holding any liquid material entering the line. The receiver shall be designed for at least 250 psig operating pressure and be equipped with the necessary connections, safety valves, and gauging device.

(i) Insulation:

(i) Where insulation is required, insulation thickness shall be determined by good design.

(ii) Insulation of refrigerated tanks and pipelines shall be waterproofed. The insulating material shall be fire retardant. The weatherproofing shall be fire resistant.

(j) Piping: All piping shall be well supported and provision shall be made for expansion and contraction. All refrigeration system piping shall conform to Section 5 of the American Standards Association's "Code for Pressure Piping" (B 31.1) as it applies to anhydrous ammonia.

(k) Safety equipment: All refrigerated storage plants shall have on hand the minimum safety equipment required under ARM 4.12.711(2) .

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.723 Requirement of Construction and Original Test of Containers

(1) Containers shall be constructed of a material suitable for use with nitrogen fertilizer solutions.

(2) Nitrogen fertilizer solution containers shall be designed to withstand at least the maximum pressure to which they may be subjected.

(3) Containers in excess of 3,000 gallons and designed for 15 psig or greater shall be constructed in accordance with the code.

(4) Pressure-vented containers not covered by the code shall be tested by the manufacturer at one and one-half (1-1/2) times the design working pressure.

(5) Nitrogen fertilizer solution containers of 3,000-gallon capacity or less shall be clearly and permanently labeled as follows:

(a) name and location of manufacturer.

(b) design pressure (if pressure vented) .

(6) nitrogen fertilizer solution containers in excess of 3,000 gallons shall be clearly and permanently labeled as follows:

(a) name and location of manufacturer;

(b) design pressure (if pressure vented) ;

(d) nominal water capacity in U.S. gallons;

(e) year of manufacture.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.724 Capacity of Containers

(1) Individual container capacity shall be limited only by The ASME Code.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.725 Container Valves and Accessories

(1) Shutoff valves and appurtenances shall be of material suitable for use with the nitrogen fertilizer solution being handled and designed for not less than the maximum pressure to which they may be subjected.

(2) Except for safety pressure and vacuum relief connections and vents, connections to pressure-vented containers shall have shutoff valves located as close to the container as practicable.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.726 Piping, Tubing and Fittings

(1) All piping, including tubing, fittings, gaskets, and packing, shall be made of material suitable for use with nitrogen fertilizer solutions and designed for the maximum pressure to which they may be subjected.

(2) Screwed joints are permissible provided they are able to withstand maximum pressures to which they are subjected. Pipe joint compounds shall be resistant to nitrogen fertilizer solutions and compatible with materials employed.

(3) Provision shall be made in the piping system to compensate for expansion, contractions, jarring, vibration and settling.

(4) After assembly, all piping and tubing shall be tested and proved to be free from leaks at a pressure not less than the normal operating pressure of the system.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.727 Hose Specifications

(1) Hose and hose connectors shall be fabricated of materials that are resistant to the action of the nitrogen fertilizer solution being used.

(2) Hose and hose connectors shall be designed for at least the maximum pressure to which they may be subjected.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.728 Safety Devices

(1) Every pressure-vented container shall be provided with one or more safety pressure relief valves. The rate of discharge shall be in accordance with the provisions of Table E.

(2) Container safety pressure relief valves shall be set to start-to-discharge at a pressure not to exceed 110 percent of the design pressure of the container.

(3) Safety pressure relief valves shall be arranged so the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valves shall be provided with means for sealing the adjustment.

(4) Shutoff valves shall not be installed between the safety pressure relief valves or the vacuum relief valve and the container. A safety relief valve manifold which allows one valve of two, three, four, or more to be closed and the remaining valve(s) will provide not less than the rate of discharge to allow the proper cubic feet per minute of air in relation to tank capacity as shown in Table A.

(5) Each safety pressure relief valve and vacuum relief valve used shall be clearly and permanently marked as follows:

(a) The relief setting.

(b) The rate of discharge. (See Table E.)

(6) Connections for venting, such as couplings, flanges, nozzles, and discharge lines, to which relief valves are attached, shall have internal dimensions at least as large in diameter as the relief valve to avoid restriction of flow through the relief valves.

(7) Discharge from safety pressure relief devices of permanent storage containers shall be directed in such a manner as to prevent any impingement of escaping gas.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1320, Eff. 10/31/86.

Mont. Admin. R. 4.12.729 Transfer of Liquids

(1) A competent attendant shall supervise the transfer of liquids from the time the connections are first made until they are disconnected.

(2) Pumps shall be of a material suitable for use with the solution being handled and designed to withstand the working pressure.

(3) Air compressors may be used for transfer of nitrogen fertilizer solutions:

(a) The air compressor shall be protected with a back flow check valve in the air line to prevent the flow of nitrogen fertilizer solutions or vapor from the container into the air compressor.

(b) A relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shutoff valve.

(4) All storage installations shall be equipped with devices so as to minimize tampering while installation is unattended.

(5) Containers shall be filled or used only upon authorization of owner or owner's agent.

History

Authorizing statute(s): 80-10-503, MCA
Implementing statute(s): 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.730 Tank Car Loading and Unloading Points and Operations

(1) A sign reading, "Stop-Tank Car Connected" or "Stop-Men at Work", shall be displayed at the active end or ends of the siding while the car is connected for loading or unloading.

(2) While tank cars are on siding for loading or unloading, the wheels at both ends shall be blocked on the rails.

(3) Tank car loading or unloading site shall be substantially level.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.731 Liquid Level Gauging Devices

(1) Gauging devices shall be arranged so that the maximum liquid level to which the container may be filled is readily determinable.

(2) Gauging devices shall have a design working pressure at least equal to the design pressure of the container on which they are used.

(3) Tube type liquid level gauging devices on containers in excess of 3,000 gallons shall be equipped with shutoff valves at the lower connection.

History

Authorizing statute(s): 80-10-503, MCA
Implementing statute(s): 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.732 Indicating Devices

(1) Because of explosion and extreme corrosion hazard, no thermometers or other devices containing mercury shall be used where there is slightest probability of introducing mercury into nitrogen fertilizer solutions.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.733 Storage Installations for Nitrogen Fertilizer Solutions

(1) Location of storage containers. Permanent storage shall be located outside of densely populated areas. If located within the corporate limits of a village, town or city, written approval of the municipality's governing body shall be submitted to the department, accompanied by a plot plan, drawn to scale, prior to installing said equipment. Storage tanks installed outside of corporate limits after the effective date of these rules shall not be less than 10 feet from the lot line of the property which has been or may be built on or not less than 400 feet from any school, hospital or other existing places of public and private assembly. A copy of the county's zoning permit or municipality's approval and plot plan shall be submitted to the department prior to site inspection. The department will approve sites based upon compliance with this rule.

(2) Installation of storage containers:

(a) Aboveground containers shall rest on the ground or on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. That portion of the container in contact with the foundation or the ground shall be protected against corrosion in accordance with the code.

(b) Wherever high flood water might occur, container shall be securely anchored or placed on a pier of a height above the normal high water mark.

(3) Protection of storage containers and accessories:

(a) Containers need not be electrically grounded. Where an electrical system exists, such as for lighting or pump motors, the electrical system shall be installed and grounded as recommended by the National Electrical Code (as adopted this 1st day of January, 1982) .

(b) Storage container sites shall be kept free of debris and weeds.

(c) A sign with letters of a minimum height of 2 inches shall be displayed in a conspicuous place stating the name, address and telephone number of the owner, manager or local agent of the storage location.

(4) All stationary, pressure-vented storage plants shall have on hand as a minimum the following equipment:

(a) a gas mask, approved by the U.S. Bureau of Mines (30 CFR part II, section 14f) ;

(b) one pair of rubber or plastic gloves;

(d) tight-fitting, vent-type chemical goggles or a full face shield.

(5) Transfer of nitrogen fertilizer solutions:

(a) In the handling and transfer of nitrogen fertilizer solutions at the storage site, a closed system or an equally effective system which will control objectionable free vapors shall be provided.

(b) Transfer of nitrogen fertilizer solutions from trucks, semi-trailer or trailers in excess of 3,000-gallon capacity shall be made only at sites approved by the department (ARM 4.12.735) or at the site of application.

(6) The filling volume of pressure-vented nitrogen fertilizer solution storage containers shall not exceed 95 percent.

(7) The owner of an abandoned storage system shall be responsible for its proper maintenance and the safe disposal of the solutions.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.734 Systems Mounted on Trucks, Semi-Trailers and Trailers for Transportation of Nitrogen Fertilizer Solutions

(1) ARM 4.12.725 applies to this section.

(2) Mounting containers in trucks:

(a) Stops (wood or metal blocks) shall be mounted on the truck, semi-trailer, trailer, or on the container in such a way that the container shall not be dislodged from its mounting due to the vehicle coming to a sudden stop. Back slippage shall also be prevented.

(b) Hold-down devices shall anchor the container to the cradle, frame, or chassis in a manner to prevent the container from rolling or bouncing off the vehicle and that will not create undue concentration of stress.

(c) Any truck or trailer designed so that the container or containers constitute in whole or part the stress member of the chassis of the vehicle in lieu of a frame shall be constructed to withstand the additional stresses which are imposed. Cradles, when welded, shall be welded to the container by a welder who is registered under the code and shall be designed to withstand a force in any direction equal to two (2) times the weight of the container when filled with nitrogen fertilizer solution.

(d) If a liquid withdrawal line is installed in the bottom of a container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the trailer axle.

(e) Both ends of the hose shall be secured while in transit.

(f) When the cradle and the tank are not welded together, material which will not deteriorate with weather or create a friction shall be used between them to eliminate metal-to-metal friction.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.735 Systems Mounted on Vehicles and Implements of Husbandry for the Transportation of Nitrogen Fertilizer Solutions

(1) This section applies to containers of 3,000-gallon capacity or less and pertinent equipment (piping, valves and gauges attached to the container) mounted on vehicles and implements of husbandry used for the transportation of nitrogen fertilizer solutions. ARM 4.12.726 applies to this section.

(2) Mounting containers:

(a) A hold-down device shall be provided which will anchor the container at one or more places on each side of the container to the vehicle to prevent its dislodging in event of any sudden stop or start.

(b) When containers are mounted on four-wheel trailers, care shall be taken to insure that the weight is evenly distributed over both axles.

(c) When the cradle and the tank are dissimilar metals, material which will not deteriorate with weather or create friction shall be used between to eliminate metal-to-metal contact.

(3) Container, valves and accessories:

(a) Each container shall be equipped with a liquid level gauging device.

(b) If a liquid withdrawal line is installed in the bottom of the container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the vehicle axle.

(4) Implements of husbandry are defined in the Montana Motor Vehicle Code transporting nitrogen fertilizer solutions shall include the following safety devices:

(a) All trailers shall be securely attached to the vehicle drawing them supplemented by safety chains of sufficient size and strength to prevent the towed vehicle parting from the drawing vehicle in the case the drawbar should break or become disengaged.

(b) A trailer shall be constructed so that it will follow in the path of the towing vehicle and will prevent the towed vehicle from slipping or swerving dangerously from side to side.

(d) and conform with the requirement of ARM 23.3.420.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.736 Systems Mounted on Vehicles and Implements of Husbandry for the Application of Nitrogen Fertilizer Solutions

(1) Working pressure and classifications of containers. Containers shall be constructed in accordance with ARM 4.12.725.

(2) Mounting of containers shall be as follows:

(a) Each container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell.

(b) A hold-down device shall be provided which will anchor container to vehicle at one or more places on each side.

(c) When the cradle and the tank are of dissimilar metals, material which will not deteriorate with weather or create friction shall be used between to eliminate metal-to-metal contact.

(3) Container, valves and accessories:

(a) Each container shall be equipped with a liquid level gauging device.

(b) Flow control equipment may be connected directly to the tank coupling or flange, in which case a flexible connection shall be used between such control equipment and the remainder of the liquid withdrawal system. Flow control equipment not so installed may be connected to the container with a flexible connection.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.737 Certified Statement

(1) A certified statement shall be filed by persons owning an anhydrous ammonia facility on forms furnished by the department stating that all the requirements, safety equipment, and the requirement of these rules have been met. This statement must be filed with the department before final approval of facility will be given by the department. No operation shall begin or continue until final approval has been issued.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.738 Right of Entry for Inspections

(1) Authorized personnel from the department of agriculture shall have a right to inspect anhydrous ammonia facilities at all reasonable times for the purpose of determining compliance with the provisions of these rules.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.739 Enforcement

(1) If, after an inspection, the department determines a violation of these rules may have occurred, then it shall issue a notice of violation to the owner of the anhydrous ammonia facility.

(2) The notice of violation shall include:

(a) the nature and evidence of the violation;

(b) date and place of hearing for review of the violation(s) .

(3) If, following the hearing, the department determines a violation occurred, then it may certify its findings and conclusions to a prosecuting attorney for prosecution of the violation.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.740 Request for Variance

(1) A person who owns or is in control of anhydrous ammonia facility may apply in writing to the Montana department of agriculture for a temporary or permanent variance from any requirement of the rules. The application for a variance shall include such information and data as requested by the Montana department of agriculture.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.741 Variance Procedure

(1) The Montana department of agriculture may grant a temporary or permanent variance if it finds that:

(a) the present or proposed anhydrous ammonia facility does not constitute a danger to public health or safety and;

(b) compliance with the rules from which the variance is sought would produce hardship without equal or greater benefits to the public.

(2) No variance or temporary variance may be granted except after public hearing on due notice and until the Montana department of agriculture has considered the relations interests of the applicant, other owners or property likely to be affected by the anhydrous ammonia facility, and the general public.

(3) The variance or temporary variance may be renewed if no complaint is made to the department because of it or if, after the complaint has been made and duly considered at a public hearing held by the department of agriculture on due notice, the department finds that the renewal is justified. No renewal may be granted except on application therefore. An application shall be made at least 60 days before the expiration of the variance or temporary variance. A renewal pursuant to this subjection shall be on the same grounds and subject to the same limitations and requirements as provided in subsection (1) .

(4) Variance or temporary variance, or renewal thereof is not a right of the applicant or holder thereof but shall be granted at the discretion of the department of agriculture. However, a person adversely affected by a variance or temporary variance, or renewal granted by the department may obtain judicial review thereof.

(5) Nothing in this section and no variance, temporary variance, or renewal granted pursuant to this section may be construed to prevent or limit the application of 80-10-303(5) MCA, pre-existing facilities. If the department determines that a danger exists to health, safety or welfare that was not known at the time of issuance of the variance, then the variance, or temporary variance may be revoked.

History

Authorizing statute(s): Sec. 80-10-503, MCA
Implementing statute(s): Sec. 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

Mont. Admin. R. 4.12.742 Pre-Existing Facilities

(1) If after an inspection the department determines that a facility in existance prior to October 1, 1985 is not in compliance with the provisions in the Anhydrous Ammonia Facility Safety Act or these rules and that noncompliance may constitute a safety hazard then the department shall:

(a) notify the owner in writing that the facility is not in compliance and that the noncompliance may constitute a safety hazard;

(b) provide the owner an opportunity for a hearing to determine if continued noncompliance with the act constitutes a safety hazard.

(2) If following a hearing the department determines the facility constitutes a safety hazard then the department shall notify the owner of the determination and it may seek remedies provided in 80-10-303 MCA.

History

Authorizing statute(s): 80-10-503, MCA
Implementing statute(s): 80-10-503, MCA
History: NEW, 1986 MAR p. 1820, Eff. 10/31/86; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.743 Tables

(1) Table A - Rate of Discharge.

TABLE A - RATE OF DISCHARGE

Minimum required rate of discharge in cubic feet per minute (CFM) of air for safety relief valves. Discharge measured at 60 degrees F and atmospheric pressure (14.7 pounds per square inch) .

Surface area = Total outside surface area of container in square feet. When the surface area is not stamped on the name plate or when the marking is not legible, the area can be calculated by using one of the following formulas:

Flow Rate SCFM Air = Cubic feet per minute of air required at standard conditions, 60 degrees F and atmospheric pressure (14.7 psia).

The rate of discharge may be interpolated for intermediate values of surface area. For container with total outside surface area greater than 2,000 sq. ft., the required flow rate can be calculated using the formula, Flow Rate SCFM Air = 22.11A degrees .82, where A = Outside surface area of the container in square feet.

(2) Table B - Guide for Selection of Materials for Refrigerated Ammonia Storage Tanks.

(3) Table C - Minimum Material Requirements for Shells and Bottoms of Refrigerated Storage Tanks for Various Temperatures and Thicknesses.

TABLE C - MINIMUM MATERIAL REQUIREMENTS FOR SHELLS AND BOTTOMS OF REFRIGERATED STORAGE TANKS FOR VARIOUS TEMPERATURES AND THICKNESSES

*Manganese content of 0.70% to 1.0% is preferred in lieu of usual content of 0.80% maximum.

Note 1: The design temperature shall be taken as the lower of the following:

(a) The minimum temperature to which the tank contents will be refrigerated.

(b) The minimum estimated tank shell temperature due to atmospheric temperatures,

considering effectiveness of the insulation in keeping shell temperatures above

expected minimum atmospheric temperature (if expected to be below the

refrigerated temperature) .

Note 2: For the thickness, temperature category approved steels include all of those listed in the

API 12-C and API 620. Materials for vessels must comply with the requirements of the code and

any additional requirements of the code and any additional requirements of this table. A-131 steel

is not approved by ASME and some code cases have not been approved by local jurisdictions.

All specific materials listed in table are satisfactory for all designs based on API 12-C or API 620.

Note 3: For vessels constructed under the code with a design temperature below -20F.,

the impact requirements shall comply with Table B.

(4) Table D - Repair Welding.

TABLE D - REPAIR WELDING

(5) Table E - Safety Pressure Relief Valves.

TABLE E - SAFETY PRESSURE RELIEF VALVES

Surface Area Sq. Ft. | CFM | Surface Area Sq. Ft. | CFM | Surface Area Sq. Ft | CFM 20 | 258 | 185 | 1,600 | 900 | 5,850 25 | 310 | 190 | 1,640 | 950 | 6,120 30 | 360 | 195 | 1,670 | 1,000 | 6,380 35 | 408 | 200 | 1,710 | 1,050 | 6,640 40 | 455 | 210 | 1,780 | 1,100 | 6,900 45 | 501 | 220 | 1,850 | 1,150 | 7,160 50 | 547 | 230 | 1,920 | 1,200 | 7,410 55 | 591 | 240 | 1,980 | 1,250 | 7,660 60 | 635 | 250 | 2,050 | 1,300 | 7,910 65 | 678 | 260 | 2,120 | 1,350 | 8,160 70 | 720 | 270 | 2,180 | 1,400 | 8,410 75 | 762 | 280 | 2,250 | 1,450 | 8,650 80 | 804 | 290 | 2,320 | 1,500 | 8,900 85 | 845 | 300 | 2,380 | 1,550 | 9,140 90 | 885 | 310 | 2,450 | 1,600 | 9,380 95 | 925 | 320 | 2,510 | 1,650 | 9,620 100 | 965 | 330 | 2,570 | 1,700 | 9,860 105 | 1,010 | 340 | 2,640 | 1,750 | 10,090 110 | 1,050 | 350 | 2,700 | 1,800 | 10,330 115 | 1,090 | 360 | 2,760 | 1,850 | 10,560 120 | 1,120 | 370 | 2,830 | 1,900 | 10,800 125 | 1,160 | 380 | 2,890 | 1,950 | 11,030 130 | 1,200 | 390 | 2,950 | 2,000 | 11,260 135 | 1,240 | 400 | 3,010 | 2,050 | 11,490 140 | 1,280 | 450 | 3,320 | 2,100 | 11,720 145 | 1,310 | 500 | 3,620 | 2,150 | 11,950 150 | 1,350 | 550 | 3,910 | 2,200 | 12,180 155 | 1,390 | 600 | 4,200 | 2,250 | 12,400 160 | 1,420 | 650 | 4,480 | 2,300 | 12,630 165 | 1,460 | 700 | 4,760 | 2,350 | 12,850 170 | 1,500 | 750 | 5,040 | 2,400 | 13,080 175 | 1,530 | 800 | 5,300 | 2,450 | 13,300 180 | 1,570 | 850 | 5,590 | 2,500 | 13,520

(a) | Cylindrical container with hemispherical heads area = (overall length in feet times outside diameter in feet times 3.1416). (b) | Cylindrical container with semi-ellipsoidal heads. Area = (overall length in feet plus 0.3 outside diameter in feet) times diameter in feet times 3.1416. (c) | Spherical Container. Area = Outside diameter in

TABLE B - GUIDE FOR SELECTION OF MATERIALS FOR REFRIGERATED AMMONIA STORAGE TANKS (a) | Materials for shell and bottom for tanks of all design pressures shall have ductility at low temperatures equal to or superior to those listed in Table C. (b) | When austenitic steels or non-ferrous materials are used, the code shall be used as a guide for temperature requirements. (c) | Materials for nozzles, attached flanges, structural members which are in tension, and other such critical elements shall be selected for the design temperature. This selection shall be based on impact test requirements, or on probabilities such as used for the plate materials listed in Table C.

(a) | All containers, piping and appurtenances which have contained or have been in direct contact with nitrogen fertilizer solutions containing ammonium nitrate must be thoroughly cleaned and washed with water (or steam) to eliminate all solid ammonium nitrate before welding or torch cutting may be attempted: Extreme caution should be taken before attempting to weld or torch cut any container when. ammonium nitrate could be trapped, for example, in the area between tank shell and a reinforcing plate. (b) | All containers, piping, and appurtenances which have contained aqua ammonia (ammonium hydroxide) must be thoroughly vented and thoroughly washed with large quantities of water. After washing, they shall be filled with water to a level higher than area to be welded or repaired. (c) | All containers shall be welded in accordance with the code.

(a) | The rate of discharge shall be stamped on the safety relief valve in cubic feet of air per minute at: (1) 60 degrees F, (2) 14.7 pounds per square inch absolute, and (3) 120 percent of the stamped start-to-discharge setting. (b) | Safety pressure relief valves in systems utilizing air compressors for the transfer of nitrogen fertilizer solutions shall have a minimum rate of discharge in cubic feet per minute of air of 120 percent of the compressor manufacturer's maximum rated capacity. (c) | Safety pressure relief valves in systems utilizing pumps for transfer of nitrogen fertilizer solutions shall have a minimum rate of discharge of 120 percent of the liquid inflow rate. This can be computed as follows: Liquid pump maximum rated capacity in GPM times 0.16 equals vapor flow in CFM.

History

Authorizing statute(s): 80-10-503, MCA
Implementing statute(s): 80-10-503, MCA
History: NEW, 1986 MAR p. 1820. Eff. 10/31/86; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Subchapter 4.12.10 Grain Rules

Mont. Admin. R. 4.12.1018 Term of Licenses - Expiration

(1) A public warehouse license period is July 1 through June 30. A public warehouse license expires July 1 of each year.

(2) A commodity dealer license period is July 1 through June 30. A commodity dealer license expires July 1 of each year.

History

Authorizing statute(s): 80-4-403 MCA
Implementing statute(s): 80-4-404, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86; AMD, 2020 MAR p. 1019, Eff. 6/13/20.

Mont. Admin. R. 4.12.1019 Reports to the Department

(1) A public warehouseman and/or commodity dealer monthly report is required to be completed in full and filed with the Department of Agriculture (department) on a monthly basis. The report is due within 30 days of the end of the reporting month. Reports must be submitted even if no business has been conducted. These reports shall include the following information:

(a) all stored commodities in which warehouse receipts have been issued, including those held by Commodity Credit Corporation (CCC), producers, etc.;

(b) all commodities stored in each public warehouse in Montana including cash grain;

(c) all commodities for which warehouse receipts have been issued that are being stored in facilities outside of Montana;

(d) all commodities purchased in the reporting period except those contracted for future delivery;

(e) all commodities contracted for on deferred payment contract in which payment has not been made.

(2) A special report may be filed with the department in lieu of a commodity report. Special reports may be filed by: feedlot, poultry, dairy, swine, and dry edible bean operations. The special report is required to be completed in full and filed with the Department of Agriculture on a monthly basis. The report is due within 30 days of the end of the reporting month. Reports must be submitted even if no business has been conducted. The report shall include the names of producers, elevators or other dealers from whom purchases were made. The report shall include all information that is required of commodity dealers under this Grain Standards, Storage, and Merchandising Act (act).

(3) A grain movement monthly report shall be filed with the department by all licensed public warehouseman or commodity dealers licensed who ship grain. The report is due within 30 days of the end of the reporting month. Reports must be submitted even if no shipments have been made during that reporting period.

(a) Public warehouseman or commodity dealers having more than one business location shall submit separate reports for each business location.

(b) Public warehouseman or commodity dealers providing the department with internally generated computer reports shall comply with all requirements of this rule.

(i) the amount of cwt/bu of agricultural commodities shipped;

(ii) the number of units (rail covered hoppers - rail boxcar - trucks) shipped;

(iii) the type of grain (winter wheat, spring wheat, durum, barley, oats, etc.) shipped;

(iv) the destination of shipment.

(4) A Montana wheat/barley assessment report shall be filed by the first purchaser, mortgagee, or pledgee, with the department, on forms prescribed by the department, within 20 days after the end of the month in which he purchases a grower's wheat or barley as required by 80-11-207, MCA. The information provided by the licensed commodity dealer to the department shall comply with the requirements in 80-11-207, MCA.

(5) An alfalfa seed assessment report shall be filed with the department by the first handler. The report shall be on forms prescribed by the department and filed within 20 days after the close of business for the month for which the report is being filed.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-407, 80-11-311, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86.

Mont. Admin. R. 4.12.1020 Financial Statements Filing Date

(1) The financial statement accompanying an applicant's original application must show a statement closing date that is within six months of the date of application. Thereafter, the licensee applying for renewal must submit an annual statement no later than 120 days after the close of their business year.

(2) If the financial statement indicates noncompliance with the financial requirement provisions of the grain act or the licensee fails to submit an acceptable financial statement within 120 days of the end of their fiscal year end, the department may immediately suspend their license pursuant to the Administrative Procedure Act, issue a fine, and/or make the license conditional on the paperwork arriving at a specified time.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-421, 80-4-502, 80-4-601, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86; AMD, 2020 MAR p. 1019, Eff. 6/13/20.

Mont. Admin. R. 4.12.1021 Bond Conditions - Cancellation

(1) A surety bond, or bond equivalent may be in bond increments rounded up to the nearest $2,000.00.

(2) The surety bond shall be on a form prescribed by the department.

(3) Such surety bond shall name the state of Montana as obligee for the benefit of all parties.

(4) A surety bond required by 80-4-504 and 80-4-601, MCA, shall be effective on the date of commencement, shall not be affected by the expiration of the license period, and shall continue in full force and effect until cancelled. The continuous nature of a surety bond, however, shall in no event be construed to allow the liability of the surety under a surety bond to accumulate for each successive license period during which the surety bond is in force, but shall be limited in the aggregate to the amount stated on the bond or as changed, from time to time, by appropriate endorsement or rider.

(5) The principal or the surety on a bond may cancel a bond by written notice of intent to cancel, by registered or certified mail, with return receipt, to the other party and to the department. Such written notice shall be received at least 60 days prior to the cancellation date specified on the notice.

(6) Not later than 45 days after a notice of intent to cancel as described in (5) of this section is received by a public warehouseman, the licensee shall file with the director a new bond or bond equivalent which must become effective and be in full force and effect on and after the date upon which his existing bond is to be cancelled.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-425, 80-4-504, 80-4-505, 80-4-601, 80-4-604, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86.

Mont. Admin. R. 4.12.1022 Certificates of Deposit or Other Bond Equivalents

(1) Rules promulgated hereunder that apply to surety bonds shall also apply to certificates of deposit (CD) and other bond equivalents.

(2) A CD may be liquidated for disbursement for the same reasons and in the same manner that surety bond proceeds may be requested for disbursement.

(3) A CD or other bond equivalent shall be on a form approved by the department.

(4) A CD issued by a bank or savings and loan association that is a member in good standing with the federal deposit insurance corporation or the federal savings and loan insurance corporation, respectively may be submitted to the department in lieu of a surety bond for a public warehouseman or a commodity dealer as required by 80-4-504 and 80-4-601, MCA. The CD must be in an amount equal to the otherwise required surety bond.

(5) A CD may be automatically renewable, or for a single maturity. If it is for a single maturity, the CD must be for a term of one year or less.

(6) A CD submitted in lieu of a surety bond shall be held by the department.

(7) All CDs shall be made payable or properly assigned to the department as follows: "Pay to the order of the Director of the Montana Department of Agriculture". If a CD is assigned to the department, written consent of the assignment must be received from the financial institution issuing the certificate.

(8) All interest earned on the CD is to be credited or paid directly to the purchaser of the CD. If interest is paid to the department, it shall be endorsed to the purchaser of the CD. These conditions are valid only if no claim has been made against the CD. In event of a claim the interest earned may become a part of the dispersible proceeds of the CD.

(9) If a licensee desires to terminate a license and requests the return of a CD, the licensee filing the CD must return the license and make written request by registered or certified mail with return receipt for the return of the CD. Upon receipt of the written request and the submission of the license, the director shall hold the CD for a period of 90 days before it is returned. If at the end of the 90 days no claim against the CD has been made, the CD shall be returned, unless the director is of the opinion that claims against the CD may exist. Under these conditions, the director may hold the CD until it is determined that no claims against the CD exist.

(10) If a license issued is revoked, the CD shall be held by the director for a period of 120 days or until the director is satisfied that no claims against the CD exist.

(11) If a licensee desires to remain licensed and requests the return of a CD on file with the director, the licensee shall file with the director a replacement CD, bond, or bond equivalent in an amount required by the director in accordance with 80-4-504 and 80-4-601, MCA. The replacement CD, bond, or bond equivalent must be received, become effective and be in full force and effect on or before the date that the licensee's existing CD is to be returned. The director shall not return the CD until a replacement CD, bond or bond equivalent has been received.

(12) If a reduction in the amount of a CD is permitted by the department, such reduction shall be made by submitting a new CD in the smaller amount approved by the department. The date the CD is to be effective, shall be set by the department and any new liability accrued under the prior CD will transfer to the new CD or its equivalent. The department will release the original CD upon receipt of the reduced CD or its equivalent providing all actions are approved by the department.

(13) In addition to CDs the director may accept irrevocable letters of credit which he deems to be acceptable. All of the provisions that apply to CDs shall apply to these bond equivalents.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-425, 80-4-504, 80-4-505, 80-4-538, 80-4-601, 80-4-604, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86.

Mont. Admin. R. 4.12.1024 License Fees for Commodity Dealers and Public Warehouses

(1) The annual licensing fee for each person engaged in the business of a commodity dealer is $464 per facility and for each person operating a public warehouse, the fee is $464 per location.

(2) A warehouse license is not required if the activities that would trigger the need for the license are completed for any customer within 72 hours of receiving the commodity, the commodity is returned to the original producer, and the business carries at least $50,000 in insurance covering the goods of its customers.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-503, 80-4-602, MCA
History: NEW, 1997 MAR p. 1023, Eff. 6/24/97; AMD, 2012 MAR p. 497, Eff. 3/9/12.

Mont. Admin. R. 4.12.1025 Agricultural Seed Warehouse Receipts - Written Terms

(1) The public agricultural seed warehousemen shall each day, issue a warehouse receipt for each lot of agricultural seed of one kind received. Agricultural seed of one kind received from one owner during any one day may be construed to be a single lot. If seed is received for storage or cleaning and storage, a warehouse receipt shall be issued.

(2) Public agricultural warehouse storage rules and statutes shall apply to all other aspects of agricultural seed warehousing.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-527, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86; AMD, 2012 MAR p. 497, Eff. 3/9/12.

Mont. Admin. R. 4.12.1026 Loss of Receipts - Conditions of Reissue

(1) Where a negotiable receipt has been lost or destroyed, the director may, upon proof of such loss or destruction, require the warehouseman and the holder of the original receipt, to sign an affidavit. The affidavit shall state that the receipt has been lost or destroyed and cannot be produced for cancellation, that delivery or payment in full for the commodity represented by the receipt or the reissue of such receipt has been made to the holder, and that the warehouseman has not negotiated the receipt for value. The affidavit or reissued receipt shall state any encumbrance against the grain represented by the original receipt.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-533, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86.

Mont. Admin. R. 4.12.1027 Date of Termination of Storage Contracts Evidenced by Warehouse Receipts

(1) All storage contracts on agricultural commodities in store in public warehouses, as evidenced by a public warehouse receipt, shall terminate on the last day of the license period that being June 30th of each year.

(2) The public warehouseman shall notify by registered or certified mail all public warehouse receipt holders of the provisions of 80-4-536, MCA, 30 days prior to the end of storage period.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-536, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1028 Warehouse Shortage - Remedies

(1) Within 48 hours of taking possession of a public warehouse, the Department of Agriculture shall give written notice of its action to the surety company on the bond or to the financial institution of the warehouseman on a CD or its equivalent.

(2) Upon taking possession of a public warehouse, the Department of Agriculture shall allow 120 days for the holder of public warehouse receipts or scale weigh tickets to provide to the department such tickets as evidence of deposit. Failure to file a claim within the 120 days provided shall defeat the claim with respect to the surety bond or its equivalent.

(3) The director may make demand upon the bond or its equivalent at any time he finds valid claims may exist against it. The department shall make full or pro rata payment on such claims within 180 days from the date of verification of all claims and receipt of liquidated bond or bond equivalent proceeds.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-425, 80-4-538, MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86.

Mont. Admin. R. 4.12.1029 Contract Form Required of Seed Dealers

(1) Persons applying for a commodity dealer's license which includes seed shall:

(a) use a contract form which clearly states the terms of purchase basis for payment, and percentage of pure seed;

(b) submit a sample copy of the contract and subsequent revisions to the department.

History

Authorizing statute(s): Sec. 80-4-403 MCA
Implementing statute(s): Sec. 80-4-422 MCA
History: NEW, 1986 MAR p. 1178, Eff. 7/18/86.

Mont. Admin. R. 4.12.1030 Notice to Sellers of Financial Risk

(1) Section 80-4-422 MCA provides that: "title to all agricultural commodities sold by credit sale contract is in the purchaser as of the time the contract is executed unless the contract provides otherwise."

(2) All credit sale contracts which do not provide that title remains with the seller until time of payment shall have the following warning on the face of the contract and in boldface type:

"NOTICE: FINANCIAL RISK STATEMENT:

IN THE EVENT OF FINANCIAL INSOLVENCY, AMOUNTS OWING

AFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION. THE SELLER IS HEREBY ADVISED OF THE FINANCIAL RISK INVOLVED WITH THIS TYPE OF CONTRACT."

History

Authorizing statute(s): 80-4-422 MCA
Implementing statute(s): Sec. 80-4-422 MCA
History: NEW, 1991 MAR p. 1828, Eff. 9/27/91.

Mont. Admin. R. 4.12.1031 Other Commodities

(1) In addition to those specified commodities in 80-4-402, MCA, the following crops are commodities for all purposes:

(a) pulse crops including but not limited to peas, dried peas, chickpeas, and lentils; and

(b) beans.

History

Authorizing statute(s): 80-4-402, MCA
Implementing statute(s): 80-4-402, 80-4-501, 80-4-601, 80-4-704, 80-18-103, MCA
History: NEW, 2012 MAR p. 1661, Eff. 8/24/12; AMD, 2020 MAR p. 1019, Eff. 6/13/20; AMD, 2022 MAR p. 1657, Eff. 8/6/22.

Mont. Admin. R. 4.12.1032 Conditioned, Suspended, or Revoked Licenses for Commodity Dealers

(1) Upon receiving a complaint, after an inspection, or when receiving an application, the department may issue a full, conditional, or suspended license consistent with this rule to ensure the producer's safety and maintain a competitive fairness consistent with Montana antitrust laws.

(2) The department may issue a conditional license if a request is received from the licensee and modifications are deemed to be in the best interest of producers, and the alternative is not issuing a license at all.

(3) All appeals, either formal or informal, of a conditional, suspended, or revoked license are subject to the MAPA dispute process. Informal appeals are sent by letter to the director and do not require an attorney.

(4) The department's anticipated uses of conditional, suspended, and revoked licenses are listed in (a) through (c).

(a) Conditional licenses are limited in scope and differ in the amount, type, or length as requested by the licensee as the result of an inspection or as initially issued by the department. Conditional licenses will clearly state results and whether a license will become a full license or move into a suspended/revoked status.

(b) Suspended licenses can be caused by incomplete paperwork, bonding, and/or failing to comply with a financial statement filing date pursuant to ARM 4.12.1020. Suspensions last for the period of the license or until the license is reinstated by correcting the purpose for the suspension.

(i) Partially suspended licenses can prevent licensees from entering into new contracts; and/or

(ii) Fully suspended licenses can prevent licensees from receiving commodities under current contracts until payment is rendered to the grower; and/or

(iii) Voluntarily suspended licenses can be allowed if a company ceases operation in Montana, needs to restructure, or plans to change management.

(c) Revoked licenses are voided by the department due to falsified paperwork, the inability to pay a producer, or a court order. The department may refuse to relicense an entity with a revoked license for up to five years.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-403, MCA
History: NEW, 2020 MAR p. 1019, Eff. 6/13/20.

Mont. Admin. R. 4.12.1033 Penalty Matrix for Commodity Dealers and Warehouse Laws

(1) The look back period for all offenses is five years prior to the occurrence of the new violation, except for when operating as a commodity dealer without a license, which is eight years.

Violation | 1st time (or accidental) | 2nd (or intentional) | 3rd

Required paperwork submitted one month or more late or incomplete with no risk to the farmer/customer | Warning | Warning | $100 dollars per additional month and possible suspension of license until the paperwork is submitted

Required paperwork submitted one month or more late or incomplete paperwork, with risk to the farmer/customer | Warning | $250 dollars per additional month and possible suspension of license until the paperwork is submitted | $250 dollars per additional month and possible revocation of license

Required language not included in commodity contract (i.e., deferred payment) or warehouse receipt not provided | Warning | $100 per contract or missing receipt up to a maximum fine of $5000 | $200 per contract or missing receipt up to a maximum fine of $10,000 and possible revocation of license

Paperwork includes false or misleading material statements about buying, financial records, bonding, warehouse receipts, or storage capacity | Up to $250 and possible suspension of license until the paperwork is corrected | The lowest corrected bonding cost amount or $10,000, possible suspension, or revocation of license | The lowest corrected bonding cost amount or $100,000, or revocation of license

Failure to post required testing information or retain samples as required by law | Warning | $250 | $500

Operating as a commodity dealer or warehouse without a license | The higher bonding cost amount or $500 | The higher bonding cost amount or $10,000 (no more than $100,000) |

History

Authorizing statute(s): 80-4-403, 80-4-429, MCA
Implementing statute(s): 80-4-421, 80-4-426, 80-4-427, 80-4-428, 80-4-429, 80-4-502, 80-4-601, MCA
History: NEW, 2020 MAR p. 1019, Eff. 6/13/20.

Mont. Admin. R. 4.12.1034 Records Retention

(1) Records required under 80-4-613, MCA must be maintained for at least three years after payment. After that time, a commodity dealer, absent a court order or litigation hold, may dispose of them.

History

Authorizing statute(s): 80-4-403, MCA
Implementing statute(s): 80-4-403, 80-4-613, MCA
History: NEW, 2020 MAR p. 1019, Eff. 6/13/20.

Subchapter 4.12.12 Alfalfa Leafcutting Bee Rules

Mont. Admin. R. 4.12.1220 Purpose of Rules

(1) The purpose of these rules is to implement HB 675 enacted by the 1989 Montana legislature ( 80-6-1101; MCA, et seq.) .

History

Authorizing statute(s): Sec. 80-6-1103 MCA
Implementing statute(s): Sec. 80-6-1103 MCA
History: NEW, 1987 MAR p. 1965, Eff. 10/29/87; AMD, 1990 MAR p. 378, Eff. 2/23/90.

Mont. Admin. R. 4.12.1221 Registration Procedures and Fees

(1) All persons who own, possess or control alfalfa leafcutting bees shall register their bees with the committee.

(2) All registration requests shall be made on forms provided by the committee.

(3) The registration fee shall be transmitted with each registration request.

(4) Any person owning or possessing bees that are not registered shall be subject to the penalties imposed under 80-61110 and 80-6-1111, MCA.

(5) Each person who registers bees shall pay a registration fee of $15.

History

Authorizing statute(s): Sec. 80-6-1103 and 80-6-1109 MCA
Implementing statute(s): 80-6-1105 and 80-6-1109 MCA
History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 378, Eff. 2/23/90; AMD, 1995 MAR p. 1793, Eff. 9/15/95.

Mont. Admin. R. 4.12.1224 Official Certification Procedures and Fees

(1) In addition to the required registration of bees, beekeepers may certify bees according to the following procedure:

(a) All requests for official certification shall be made on forms provided by the committee.

(b) All certification fees shall be transmitted within ten days after the official sampling has been completed.

(c) Any person owning or possessing bees within Montana who desires to apply for certification shall do so on or before April 1, and arrange a date for sampling of said lot(s) of bees.

(d) Each person requesting certification shall pay a certification fee of $30 per sample. Each person shall also pay per diem and mileage charges as established in Title 2, chapter 18, part 5, MCA and a sampling fee of $44 per hour during the time the department employee is collecting the certification samples, including travel time.

(e) The certification fee shall provide laboratory services for the determination of pathogens, parasites, predators, nest destroyers, and live larvae count. Additional laboratory services may be provided upon request based on appropriate fee schedules.

(f) A beekeeper may deliver entire lots of leafcutting bees to an inspector to be officially sampled for certification purposes.

(g) Parasites and pathogens that bees are to specifically be examined for are:

(i) Parasites:

(A) Minute chalcid (Tetrastichus megachi),

(B) Sapyga wasp (Sapyga pumila),

(D) Imported chalcid (Monodontomerus obscurus).

(ii) Pathogens:

(A) Alfalfa leafcutting bee chalkbrood (Ascosphaera sp.).

(h) Reported parasites and pathogens infestation levels apply to the levels found in the official laboratory sample only, and makes no representation as to the lot from which the sample was collected.

History

Authorizing statute(s): 80-6-1103, 80-6-1105, 80-6-1109, MCA
Implementing statute(s): 80-6-1103, 80-6-1105, 80-6-1109, MCA
History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 704, Eff. 2/23/90; AMD, 1995 MAR p. 1793, Eff. 9/15/95; AMD, 2014 MAR p. 1591, Eff. 7/25/14.

Mont. Admin. R. 4.12.1225 Bee Sampling Procedure for the Certification of Bees

(1) The following procedure shall be used to sample bees under the bee certification program:

(a) All bees must be in loose cell stage before samples can be taken.

(b) A 2 ounce sample shall be taken from each 200 pounds of bees requested for certification. An official sample size shall not consist of less than 8 ounces. If the beekeeper requests for certification more than 200 pounds, then the cocoon larvae will be divided into 200 pound lots and official samples shall be obtained from each lot. All official samples shall become the property of the committee.

(c) Once the official sample has been obtained, the remaining composite sample shall be officially sealed and left in the possession of the owner/manager. The owner/manager has 30 days from date of receipt of certification to appeal the original laboratory test results.

(d) All samples shall be collected using a random sampling procedure, i.e., a uniform sample from the top, middle, and bottom within the bee storage containers.

(e) All official samples shall be obtained by department personnel in the presence of the owner/manager of the bees or the owner/manager under the direct supervision of the department.

(f) All official sample containers shall be sealed with a label showing lot number, date sampled, and signature of department employee.

(g) All official sample lot numbers must correspond with lot numbers attached to beekeeper storage containers.

(h) A grower whose total bees consist of less than 100 pounds may have an official sample consisting of a 2 ounce sample drawn from each 20 pounds of bees; and from a composite sample an official sample of 4 ounces may be drawn.

History

Authorizing statute(s): Sec. 80-6-1103 MCA
Implementing statute(s): Sec. 80-6-1105 MCA
History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 378, Eff. 2/23/90.

Mont. Admin. R. 4.12.1229 Fees Established for Service Samples

(1) Laboratory analysis - $50 per sample which includes pathogens, parasites, and larvae count/lb. In addition to the $50 laboratory analysis, each sample may be tested for sex ratio and percent emergence for an additional fee of $20.

History

Authorizing statute(s): 80-6-1109, MCA
Implementing statute(s): 80-6-1109, MCA
History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 378, Eff. 2/23/90; AMD, 1991 MAR p. 440, Eff. 4/12/91; AMD, 2014 MAR p. 1591, Eff. 7/25/14.

Mont. Admin. R. 4.12.1230 Disease Control - Wild Trapping Permit - Fee

(1) A person intending to engage in wild trapping shall apply to the committee for a permit prior to commencing trapping activities.

(2) The application for a permit to trap wild bees shall contain: name, address, location of wild trapping activities, (1/4 section, township, range) , number of bee boxes, and permission of property owners.

(3) The fee for wild trapping shall be set at $10 per laminated board.

(4) Only new laminated boards or laminated boards sterilized using approved committee methods will be used for wild trapping.

(5) The person applying for a permit shall obtain the signature of the property owner on which the bees are to be wild trapped.

(6) Any person keeping bees or nesting materials on property other than their own, shall clearly mark the trapping materials with his or her correct name, mailing address and phone number. The lettering shall not be less than 1 inch in size.

History

Authorizing statute(s): Sec. 80-6-1103, MCA
Implementing statute(s): Sec. 80-6-1108, MCA
History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 378, Eff. 2/23/90.

Subchapter 4.12.13 Quarantines and Pest Management Standards

Mont. Admin. R. 4.12.1301 Definitions

(1) "Article" is any item subject to a quarantine.

(2) "Department" means the Department of Agriculture.

(3) "Accredited Certifying Official (ACO)" is a federal, state, or county official accredited to perform phytosanitary inspections and sign phytosanitary certificates for commodities meeting phytosanitary requirements.

(4) "Fomite" is any inanimate object or substance capable of carrying an organism, functions to transfer an organism, or in any other way acts as a nonliving vector of a pest.

(5) "Location" is any place where quarantine pests, quarantine articles, plants, plant propagative material, plant products, and other associated items or materials are. This includes, but is not limited to, businesses; fields; gardens; production areas; propagation areas; greenhouses; processing facilities; places where regulated articles or plants are kept, sold, traded, bartered, used, given away, or distributed; and all conveyances.

(6) "Long-term quarantine" is a quarantine that lasts over 12 months.

(7) "Permit" is a written authorization issued by the department, another state, or the federal government and is approved by the department for the movement of any prohibited or restricted plant pests or quarantined articles.

(8) "Phytosanitary documentation" is legal paperwork certifying that visual inspections have been completed by a state or federal official and that all other requirements such as, but not limited to, surveys, laboratory tests, and treatments, have been met.

(9) "Phytosanitary inspection" is an inspection conducted by an individual trained and certified to determine if prohibited materials or organisms are present or to take official samples to be examined by a qualified individual or an accredited laboratory elsewhere.

(10) "Phytosanitary measure" is an action taken to assure that prohibited materials and/or organisms are not present in or on plants or plant materials.

(11) "Plant matter" is any plant species that includes, but is not limited to, agricultural, forest, range, nursery, or ornamental species; soil; fruit, vegetables, seeds, or nuts; any other plant part or propagative material; or plant product. This includes house, greenhouse, hothouse, potted (regardless of planting medium), bareroot, aquarium, pond or other water related, and windbreak plants.

(12) "Plant pest" is any organism that can directly or indirectly injure or cause damage in or to a plant, plant propagative material, or a plant product including, but not limited to, an insect, weed, fungus, virus, bacteria, parasite, pathogen, nematode, vector or other organism that meets the criteria as a pest established by department rule.

(13) "Proper documents" is a copy of the original invoice listing the origin of the articles, quantity and value of articles, location where the articles are destined to arrive, anticipated date of arrival, and/or other requirements specified under a quarantine.

(14) "Quarantine" is a rule, order, or other legal instrument duly imposed or enacted by the department on regulated areas or articles.

(15) "Quarantined article" is anything covered by a quarantine order in ARM 4.12.1302, 4.12.1303, or an emergency declared by the director of the Department of Agriculture.

(16) "Regulated area" is an area into which, within which, and/or from which plants, plant products, and other regulated articles are subject to phytosanitary measures or a quarantine to prevent the introduction and/or spread of quarantine pests.

(17) "Regulated article" is any plant, plant matter, propagative plant parts, plant products, associated plant material, container, conveyance, or any other object or material capable of harboring or spreading plant pests, and that is subject to phytosanitary measures or a quarantine.

(18) "Short-term quarantine" is a quarantine that lasts 12 months or less.

(19) "Vector" is an organism that transmits a pathogen.

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2012 MAR p. 498, Eff. 3/9/12.

Mont. Admin. R. 4.12.1302 Establishing a Quarantine

(1) The director of the Department of Agriculture or his/her designated representative may establish or modify a quarantine by signing an order. The order will specify what is to be quarantined, the quarantine requirements, and the length of the quarantine.

(2) A long-term quarantine shall be adopted into rule, but is effective upon signature of the director or his/her designated representative.

(3) A list of quarantines is available by contacting: Montana Department of Agriculture, Agricultural Sciences Division, 302 N. Roberts, P.O. Box 200201, Helena, MT 59620-0201; fax: (406) 444-7336; e-mail: agr@mt.gov, or through the department's web site: www.agr.mt.gov.

History

Authorizing statute(s): 80-7-402, MCA
*Implementing statute(s): *
History: 80-7-402, MCA; NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2012 MAR p. 498, Eff. 3/9/12.

Mont. Admin. R. 4.12.1303 Notification of Imports

(1) Anyone who transits or imports quarantined articles for use, sale, resale, or distribution shall provide notice and required proper documents to the department by mail, fax, e-mail, or other approved method.

(2) The department must be in receipt of all proper documents at least 48 business hours before bringing the items into the state. Business hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., MST, excluding state holidays.

(3) Under no circumstance may the imported item(s) be unloaded within the state until the department receives the proper documents and authorizes entry of the regulated articles.

(4) The department may notify the shipper or the receiver that the imported or transiting items cannot be brought into the state, must be removed from the state, must be inspected, or must show that it has met any requirements the department deems necessary.

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2012 MAR p. 498, Eff. 3/9/12.

Mont. Admin. R. 4.12.1304 Permits

(1) The quarantine order or rule may specify the type and kind of permit required for import, export, transit, movement, handling, or other actions of regulated articles. Permits may require actions by the permittee or department such as, but not limited to, inspection, sampling, analysis or testing, cleaning, decontamination, treatment, covering/sealing, destruction or disposition, safeguarding, or other services or actions to mitigate the pest risk and protect the state and its resources.

(2) At the department's discretion, the department may recognize and grant reciprocal permit agreements with other units of government through a written memorandum of understanding. Such agreements will, at a minimum, specify the unit of government and duration of the agreement and provide for termination of the agreement at the discretion of the department.

(3) All permits are subject to department oversight and may be subject to audit or inspection to ensure conformance with all permit conditions.

(4) Any permit may be canceled by the department at any time.

(5) Permits may have an associated fee. Permit fees will be specified in each quarantine order.

(6) Permits may require bonding, the amount of which will be determined by the risk associated with such a permit.

(7) If no permit is specified, then the quarantined item in question cannot be imported, exported, transported, or moved into, through, out of, or within Montana, without specific written authorization by the department.

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, 2009 MAR p. 343, Eff. 3/27/09.

Mont. Admin. R. 4.12.1305 Inspections

(1) The department may inspect at any time, without notice, any business, location, conveyance, or records relating to such a business, location, or conveyance of:

(a) Any individual, business, distributor, or shipper that sends a notice of import and the receiver of such imports.

(b) Any permit holder or anyone who has had a permit in the previous 24 months.

(c) Any person involved in the import or export of any plant, plant matter, plant part, plant product, or other regulated article subject to a quarantine.

(d) Any location that has, grows, propagates, processes, distributes, sells, trades, barters, uses, or gives away a plant, plant matter, plant part, or plant product subject to a quarantine.

(2) Inspections are only for the purposes of investigating compliance with these rules and to ensure the department's quarantines are effective.

(3) The department may conduct inspections on any person, place, or item if the department has reason to believe it contains material in violation of a quarantine.

(4) The department may recover actual costs of inspections.

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2012 MAR p. 498, Eff. 3/9/12.

Mont. Admin. R. 4.12.1306 Compliance Agreements

(1) The department may enter into a compliance agreement with any person.

(2) Compliance agreements may be used to meet quarantine requirements that facilitate import, export, handling, and movement of quarantine articles or items.

(3) Anyone who enters into a compliance agreement with the department must be able to demonstrate that they can meet or exceed all state and applicable federal requirements and must:

(a) Have good standing with the department.

(b) Not have an outstanding or past due account for any department program, service, or area of authority.

(d) Not have any record of violation pertaining to a quarantine.

(e) Not have a record of any violation within any statute, administrative rule, procedure, or policy for which the department has authority and jurisdiction that:

(i) has occurred within the last two years; or

(ii) is a repeat violation, occurring during the past five years.

(f) Not have a record of any violation with any statute, administrative rule, procedure, or policy, within any state, that parallels a responsibility under the proposed compliance agreement.

(g) Have had no permit, agreement, or other authority rescinded, suspended, revoked, or terminated for cause.

(h) Meets all education, training, certification, accreditation, or other requirement to perform proposed activities or services.

(4) The department may require a bonded compliance agreement for certain activities.

(5) The department may charge a fee for a compliance agreement. The fee will be specific to the type and scope of the compliance agreement actions or services.

(6) The department may recognize and grant reciprocal agreements with other units of government provided the above conditions are met both in Montana and the state in which the person resides.

(7) All compliance agreements are subject to department oversight and may be subject to audit or inspection to ensure conformance with all compliance agreement conditions.

(8) All compliance agreements may be canceled by the department at any time.

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, 2009 MAR p. 343, Eff. 3/27/09.

Mont. Admin. R. 4.12.1307 Violations and Penalties

(2) Violation of a quarantine permit, import permit, or compliance agreement may result in suspension of a permit or compliance agreement or denial of a future request for a permit or compliance agreement.

(3) Anyone who violates these rules is acting negligently, if not intentionally, and is liable for all harm they cause and may be liable for all costs associated with, but not limited to, trapping, monitoring, surveying, analysis, testing, containment, eradication, control, management, disposition, destruction, restoration, and other measures deemed necessary by the department.

(4) At the department's discretion, each continued day of violation can be a separate offense.

(1) Violation Schedule | 1st Offense | Subsequent Offense (a) Selling, distributing, propagating, rearing, planting, releasing, moving, or transporting a regulated article without a permit or compliance agreement. | $2,500 | $5,000 (b) Knowingly bringing plants, plant matter, propagative plant parts, plant products, or any associated material into the state that is diseased, infected, or infested whether it is quarantined or not. | $2,500 | $5,000 (c) Bringing a quarantined regulated article into the state without a required permit. | $2,500 | $5,000 (d) Failure to obtain a permit. | $1,000 | $5,000 (e) Failure to have a required permit or other required document with a quarantined item. | $1,000 | $5,000 (f) Failure to provide required notification. | $1,000 | $5,000 (g) Failure to follow any required safeguard not resulting in harm. | $1,000 | $5,000 (h) Failure to follow any required safeguard that resulted in harm. | $2,500 | $5,000 (i) Failure to keep required records. | $1,000 | $5,000 (j) Failure to release or allow access to records pertaining to a quarantine, order, permit, or compliance agreement. | $2,500 | $5,000 (k) Falsifying any record or document related to a quarantine, order, permit, or compliance agreement, including, but not limited to all sales, handling, shipping, transporting, importing, and exporting and any invoice, bill of lading, permit, seal, or certificate. | $2,500 | $5,000 (l) Interfering with or preventing an inspection or investigation. | $2,500 | $5,000 (m) Failure to be in compliance with a quarantine requirement. | $2,500 | $5,000 (n) Noncompliance with any state or federal quarantine, order, permit condition or requirement, or compliance agreement that did not cause harm. | $2,500 | $5,000

(o) Noncompliance with any state or federal quarantine, order, permit condition or requirement, or compliance agreement that caused harm. | $5,000 | $5,000 (p) Any other violation of the Quarantine Act or these rules that did not cause harm. | $2,500 | $5,000 (q) Any other violation of the Quarantine Act or these rules that caused harm. | $5,000 | $5,000

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2012 MAR p. 498, Eff. 3/9/12.

Mont. Admin. R. 4.12.1308 Plant Health Quarantines

(1) All quarantines are listed by the name of the quarantine and references the quarantine order number. The order will specify the name of the quarantine and describe the plant pest(s), regulated articles, and regulations, e.g., notifications, inspections, sampling, certifications, required permit(s), safeguards, and any other requirements.

(2) Quarantine orders are available from the department by accessing the department's web site at www.agr.mt.gov or by requesting a copy of the order by writing, e-mailing, or faxing a request to the Department of Agriculture at P.O. Box 200201, Helena, MT 59620-0201; agr@mt.gov; or (406) 444-5409.

(a) The department may charge actual costs of printing, copying, and mailing copies of a quarantine rule or order.

(3) The following is the current list of long-term quarantines:

(a) European Pine Shoot Moth (EPSM) (Rhyacionia bouliana). See Order MTQ-2008-01.

(b) Late Blight Quarantine (Phytophthora infestans). See Order MTQ-2008-02.

(d) Japanese Beetle (Popillia japonica Newman). See Order MTQ-2026-01. Interstate Quarantine.

(e) Emerald Ash Borer (Agrilus planipennis Fairmaire). See Order MTQ-2021-001A. Exterior Quarantine.

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, 80-7-404, MCA
History: NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2013 MAR p. 1432, Eff. 8/9/13; AMD, 2021 MAR p. 552, Eff. 5/15/21; AMD, 2026 MAR, Notice No. 2026-74, Eff. 9/1/26.

Subchapter 4.12.14 Distribution, Inspection, Orchards, and Nurseries

Mont. Admin. R. 4.12.1405 Other Nursery Fees

(1) All fees for services are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate, or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require past due payment of fees prior to providing inspection services. The fees shall be as follows:

(a) Annual clean plant and indexing certification, pursuant to 80-7-108, MCA, is $250.

(b) Services:

(i) heat treatment certificates: $10; and

(ii) other documents of quarantine compliance: $10.

(c) The department charges for mileage, lodging, per diem, and an hourly rate for certain services to recover costs for expenses that exceed the fees established in (1)(a), (b), and (c). These charges are as follows:

(i) actual cost of trapping, survey, and treatment materials when requested by public or private persons when related to export certification or nursery stock certification; and

(ii) hourly charge - $44 per hour with a one-hour minimum.

(d) Charges for lodging, meals, and mileage will be computed in accordance with rates established in 2-18-501, MCA.

History

Authorizing statute(s): 80-7-108, MCA
Implementing statute(s): 80-7-108, 80-7-110, MCA
History: NEW, Eff. 10/5/75; AMD, 1994 MAR p. 24, Eff. 1/14/94; AMD, 2003 MAR p. 7, Eff. 1/17/03; AMD, 2012 MAR p. 496, Eff. 3/9/12; AMD, 2015 MAR p. 300, Eff. 3/27/15; AMD, 2017 MAR p. 1949, Eff. 10/28/17.

Mont. Admin. R. 4.12.1407 Right to Hold Nursery Stock for Inspection--Condemnation of Products

(1) All condemnation orders issued by the department are subject to appeal pursuant to the provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, MCA) and the procedural rules of the department (ARM Title 4, chapter 2).

(2) All notices of condemnation of nursery stock or plant material given by the department shall be written and served either upon the owner, shipper, or person in charge. If no person is in charge of such stock, the department shall immediately notify the consignor at his address advising him of the action and in such case the consignor shall have three days to perfect an appeal as defined.

(3) The owner, shipper or person in charge of the condemned nursery may appeal the decision to the director of the department in writing. Such appeal must be perfected within twenty-four hours after the notice has been served if notice is delivered in person and three days if notification is made by mail. Condemned stock must, at the expense of the person perfecting the appeal, be immediately placed in quarantine until final action and determination of the appeal.

History

Authorizing statute(s): 80-1-102, 80-7-109 MCA
Implementing statute(s): 80-7-108, 80-7-110, MCA
History: NEW, Eff. 10/5/75; AMD, 1994 MAR p. 24, Eff. 1/14/94; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1409 Quarantine of Plant Materials and Nurseries

(1) The director, or his representative, has the authority to establish and enforce a quarantine over any place where plant materials or nursery stock are grown, or kept that is infested with any injurious plant pest. The director, or his representative declaring such quarantine shall notify the owner or person in control of such place in writing of the establishment of the quarantine. The owner or person in control of quarantined place shall not ship or move or allow to be shipped or remove any, nursery stock or other material, except by written permission of the director, or his representative. The owner or person in control of any place may be permitted to use such nursery stock or plant material on the premises under the instructions of the director or his representative.

(2) All quarantine orders issued by the department are subject to appeal pursuant to the provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, MCA) and the procedural rules of the department (ARM Title 4, chapter 2).

History

Authorizing statute(s): 80-1-102, 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, Eff. 10/5/75; AMD, 1994 MAR p. 24, Eff. 1/14/94; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1411 Definitions

(1) "Audit" means a systematic and independent examination to determine whether an auditee's activities conform with prescribed objectives.

(2) "Certification Program" means a comprehensive process established and authorized by a state or other governmental entity for the production of plants, plant materials, and propagative materials free of regulated pests and diseases. The regulations of the program define the program participation, plant production, plant identification and labeling, and quality assurance requirements.

(3) "Department" means the Montana Department of Agriculture.

(4) "Indexing" means to determine the presence or absence of transmissible viruses or diseases in plants, plant materials, or propagative materials that may involve inspection, tests, and analysis.

(5) "Import permit" means an official document issued by a national or regional plant protection organization of the importing country authorizing importation of a commodity in accordance with specified phytosanitary measures.

(6) "International Standard for Phytosanitary Measures (ISPM)" means an international standard adopted by the Conference of FAO, the Interim Commission on Phytosanitary Measures or the Commission on Phytosanitary Measures, established under the International Plant Protection Convention.

(7) "NAPPO" means North American Plant Protection Organization.

(8) "National Plant Protection Organization (NPPO)" means official service established by a government to discharge the functions specified by the International Plant Protection Convention.

(9) "Official" means established, authorized, or performed by a national plant protection organization.

(10) "Pest" means any species, strain, or biotype of plant, animal, or pathogenic agent injurious to plants or plant products.

(11) "Phytosanitary Certificate" means the use of phytosanitary measures that prevent the introduction or spread of a quarantined pest, which leads to the issuance of a certificate attesting to those measures.

(12) "Regulated Pest" means a quarantine pest or a regulated nonquarantine pest.

(13) "Regional Standard for Phytosanitary Measures" means phytosanitary measures established by a regional Plant Protection Organization.

(14) "Test" means official examination, other than visual, to determine if pests are present or to identify pests or disease.

History

Authorizing statute(s): 80-7-402, MCA
Implementing statute(s): 80-7-402, MCA
History: NEW, 1982 MAR p. 1095, Eff. 5/28/82; AMD, 2007 MAR p. 1811, Eff. 11/9/07; AMD, 2014 MAR p. 206, Eff. 1/31/14.

Mont. Admin. R. 4.12.1425 Civil Penalties - Enforcement for Produce

(1) Whenever the department has reason to believe that a violation of 80-3-301 through 80-3-306; 80-3-311 through 80-3-315; 80-3-321 through 80-3-323, MCA or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Administrative Procedure Act.

(3) The penalty matrixes set forth in this rule establish the basic penalty value for each offense. Factors dealing with the violation may cause the matrix penalty to increase or decrease. Examples of such factors would be the firm's history of compliance or non-compliance, or the extent of the harm to agriculture or environment.

History

Authorizing statute(s): Sec. 80-3-303, MCA
Implementing statute(s): Sec. 80-3-306, MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93.

Mont. Admin. R. 4.12.1426 Civil Penalties - Matrix, for Produce

Type of Violation | 1st Offense | 2nd Offense | Subsequent Offenses (1) Operating without a produce dealer's license or refusal to pay the license or assessment fee required after being fully advised of its requirement. | $100 | $300 | $1000 (2 Misrepresenting information supplied regarding exemption from licensing or assessment reporting requirements. | $100 | $300 | $1000 (3) Failure or refusal to allow inspection of or to maintain and provide records, reports or other information required by the department. | $100 | $300 | $1000 (4) Intentional or consistent failure to advertise, grade, or mark produce as required. | $100 | $300 | $1000

History

Authorizing statute(s): Sec. 80-3-303, MCA
Implementing statute(s): Sec. 80-3-306, MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93.

Mont. Admin. R. 4.12.1427 Inspection Fees

(1) Regular shipping point inspection fees are as follows:

(a) All produce - 9.5 cents per unit.

(b) Inspection tags - 20 cents per tag.

(2) Cost Recovery: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the services and administration of the inspection program. Cost recovery charges may be necessary when the regular inspection fee is not applicable or adequate to cover the cost of the service provided.

(a) Cost Recovery charges may apply to all inspections involving:

(i) shipping point inspections of seed potatoes when the volume of work is less than 400 cwt per hour;

(ii) shipping point inspections of cherries, apples, and all other produce;

(iii) receiving inspections of any produce.

(b) Cost Recovery fees will include the produce inspection fee of 9.5 cents per unit and may include the hourly charge of the time required to conduct the inspection, the time required to prepare for the inspection, the time to complete any reports related to the inspection, and any time required for travel to and from the inspection.

(i) The hourly rate will be set by the department on an annual basis to ensure that all anticipated costs are recovered. In establishing the hourly rate, the department will consider the hourly wage of inspector(s) and program staff, benefits, administrative costs, and costs related to the department's cooperative agreement with USDA.

(3) USDA Good Agricultural Practices (GAP) and Good Handling Practices (GHP) Audit Fee: GAP and GHP Audits will be on a first come, first served basis as auditing staff is available. GAP and GHP Audit fees will be applied when an applicant requests a mock audit or an audit review of practices based on the voluntary FDA Standards for Minimizing Microbial Contamination to Fresh Fruits and Vegetables or other audit-based standards as requested by the industry. The cost of such services will include:

(a) an hourly charge of the time required to conduct the inspection, the time required to prepare for the inspection, the time to complete any reports related to the inspection, and any time required for travel to and from the inspection.

(i) the hourly rate will be set by the department on an annual basis to ensure that all anticipated costs are recovered. In establishing the hourly rate, the department will consider the hourly wage of inspector(s) and program staff, benefits, administrative costs, and costs related to the department's cooperative agreement with USDA.

(b) per diem and mileage per ARM Title 2, chapter 4.

(4) Minimum fee per inspection - $50.00.

(5) All fees for services are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require payment of fees prior to providing inspection services.

History

Authorizing statute(s): 80-3-303, 80-3-315, MCA
Implementing statute(s): 80-3-315, MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93; AMD, 2001 MAR p. 341, Eff. 2/23/01; AMD, 2004 MAR p. 312, Eff. 2/13/04; AMD, 2009 MAR p. 2365, Eff. 12/11/09; AMD, 2012 MAR p. 496, Eff. 3/9/12.

Mont. Admin. R. 4.12.1428 Assessment Fees on All Produce

(1) The assessment fee on all produce except produce grown in Montana and inspected at shipping point shall be 6 cents per each produce unit.

(a) The department may assess a 10% penalty (based on the previous quarterly assessment report fee amount), or a minimum fee of $25, whichever is greater, for any assessment reports received after the deadline.

History

Authorizing statute(s): 80-3-303, 80-3-314, MCA
Implementing statute(s): 80-3-314, MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93; AMD, 1996 MAR p. 546, Eff. 2/23/96; AMD, 1999 MAR p. 507, Eff. 3/26/99; AMD, 2002 MAR p. 3566, Eff. 12/27/02; AMD, 2009 MAR p. 2365, Eff. 12/11/09; AMD, 2012 MAR p. 496, Eff. 3/9/12.

Mont. Admin. R. 4.12.1429 Products Designated as Produce--Produce Unit Quantified

(1) The following fruits, vegetables, and natural products are designated as produce. This list is not all inclusive. Any product commonly recognized as a fruit or vegetable shall also be considered to be produce for assessment purposes but does not include those perishable fruits and vegetables which have been manufactured into articles of food of a different kind or character. The effects of the following operations shall not be considered as changing a commodity into a food of a different kind or character: water, steam, or oil blanching, battering, coating, chopping, color adding, curing, cutting, dicing, drying for the removal of surface moisture; fumigating, gassing, heating for insect control, ripening and coloring; removal of seed, pits, stems, calyx, husk, pods, rind, skin, peel, et cetera; polishing, pre-cooling, refrigerating, shredding, slicing, trimming, washing with or without chemicals; waxing, adding of sugar or other sweetening agents; adding ascorbic acid or other agents to retard oxidation; mixing of several kinds of sliced, chopped, or diced fruit or vegetables for packaging in any type of containers; or comparable methods of preparation.

(2) The following quantities shall be used as the standard produce unit for the produce listed below. Containers of approximately the same quantity may be considered a produce unit for each container.

History

Authorizing statute(s): 80-3-303, MCA
Implementing statute(s): 80-3-302, MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93; AMD, 2009 MAR p. 2365, Eff. 12/11/09.

Mont. Admin. R. 4.12.1430 Civil Penalties - Enforcement for Nursery

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 7, MCA, or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Administrative Procedure Act.

History

Authorizing statute(s): 80-1-102, MCA
Implementing statute(s): 80-7-135, MCA
History: NEW, 1994 MAR p. 24, Eff. 1/14/94.

Mont. Admin. R. 4.12.1431 Civil Penalties - Matrix

(2) Anyone who violates these rules is acting negligently, if not intentionally, and may be liable for all harm they cause and may be liable for all costs associated with, but not limited to, trapping, monitoring, surveying, analysis, testing, containment, eradication, treatment, control, management, disposition, destruction, restoration, and other measures deemed necessary by the department.

(3) At the department′s discretion, each day of violation can be considered a separate offense.

(4) Penalties may be assessed on a daily, per plant, and/or per event basis and will be determined on a case-by-case basis.

(1) Type of Violation | 1st Offense | 2nd Offense | Subsequent Offenses (a) Operating without a nursery license or refusal to pay the licensing fee required after being fully advised of its requirement. | $300 | $600 | $1000 (b) Misrepresenting information supplied regarding exemption from licensing. | 300 | 600 | 1000 (c) Failure to properly label nursery stock offered at retail, or falsely representing or misrepresenting the name, age, variety, class, or origin of nursery stock. | 300 | 600 | 1000 (d) Bringing, selling, or distributing plant materials into or within the state that are infected or infested with a plant pest considered a risk to horticultural or agricultural interests in Montana. | 500 | 750 | 1000 (e) Distributing plants declared noxious weeds under 7-22-2101(7)(a)(i) MCA. | 500 | 750 | 1000 (f) Failure to notify the department of an infestation or infection of plant and plant or propagative materials. | 500 | 750 | 1000 (g) Failure to comply with the instructions of the department for destruction, treatment, or control within the timeframe specified. | 500 | 750 | 1000 (h) Falsifying or misrepresenting registration, certification, status, source, or identity of nursery stock, plants, plant materials, propagative stock or agricultural commodities or products. | 500 | 750 | 1000 (i) Violate or aid in violation of a statute, rule, order, or quarantine not otherwise stated above. | 500 | 750 | 1000

History

Authorizing statute(s): 80-7-106, 80-7-135, MCA
Implementing statute(s): 80-7-135, MCA
History: NEW, 1994 MAR p. 24, Eff. 1/14/94; AMD, 1996 MAR p. 900, Eff. 4/5/96; AMD, 2014 MAR p. 206, Eff. 1/31/14; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1433 Nursery Risk Category

(1) The department will use a risk category system to prioritize nursery inspections. The category system will include high, medium, and low risk nurseries. High risk nurseries may be scheduled for an annual inspection, medium risk nurseries may be scheduled for inspection every two years, and low risk nurseries may be scheduled for inspection every three years.

(2) A low risk nursery is typically a nursery that buys all of its stock from an in-state wholesale nursery and resells the stock in Montana. Expected inspection time is a half hour to two hours. Dependent on a variety of factors, small plant vendors; landscapers who buy from an in-state wholesale nursery who is inspected annually, practice project-based buying, and plant immediately; and florists who sell potted plants are examples of nurseries that might be considered low risk.

(3) A medium risk nursery is typically a nursery that buys only nonregulated nursery stock from a single large out-of-state wholesale nursery that is licensed and inspected annually in its home state and sells stock in Montana. Expected inspection time is between a half hour and three hours.

(4) A high risk nursery is typically a nursery that buys regulated stock from multiple out-of-state nurseries and resells retail and wholesale to customers both in and out of Montana. Inspection time is expected to be between two and eight hours.

(5) The basic category a nursery finds itself in is determined by the Nursery Risk Factors in ARM 4.12.1434 and may go up or down as the factors change.

(6) The amount of time necessary for an inspection is determined both by factors listed in ARM 4.12.1435.

History

Authorizing statute(s): 80-7-108, MCA
Implementing statute(s): 80-7-108, MCA
History: NEW, 2012 MAR p. 735, Eff. 4/13/12.

Mont. Admin. R. 4.12.1434 Nursery Risk Factors

(1) The department shall determine each nursery's risk based on the following factors:

(a) origin or source of nursery stock;

(b) distribution of nursery stock;

(d) quarantine or other regulated areas, including quarantine violations;

(e) compliance history; and

(f) complaints.

History

Authorizing statute(s): 80-7-108, MCA
Implementing statute(s): 80-7-108, MCA
History: NEW, 2012 MAR p. 735, Eff. 4/13/12.

Mont. Admin. R. 4.12.1435 Length of Inspections

(1) Length of inspection will be based on the following factors:

(a) size and type of operation;

(b) variety of plant material;

(d) presence of prohibited material or organisms; and

(e) violations of law or rule.

History

Authorizing statute(s): 80-7-108, MCA
Implementing statute(s): 80-7-108, MCA
History: NEW, 2012 MAR p. 735, Eff. 4/13/12.

Mont. Admin. R. 4.12.1437 Contested Risk Category

(1) If a nursery business disagrees with the department's assessment of the risk posed by the business, the business may request a change of classification from the director of the department by explaining in writing the reason they want to be changed. It is up to the director whether such changes will be granted.

History

Authorizing statute(s): 80-7-108, MCA
Implementing statute(s): 80-7-108, MCA
History: NEW, 2012 MAR p. 735, Eff. 4/13/12.

Mont. Admin. R. 4.12.1438 Federal Fees or Charges

(1) If the department provides a service, permit, license, or inspection that has a federal fee, the department may collect the federal fee from the person requesting the service, permit, license, or inspection unless they have already made other arrangement for paying the fee.

History

Authorizing statute(s): 80-7-108, MCA
Implementing statute(s): 80-7-108, MCA
History: NEW, 2012 MAR p. 735, Eff. 4/13/12; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1439 Clean Plant and Indexing Certification

(1) Plant and plant propagative indexing is a systems- and audit-based program. Participation in clean plant and indexing certification programs is voluntary.

(2) The department will provide necessary services for certification of plant stock (plants and plant propagative materials) for the production and propagation of healthy, clean plant stock that meets certification requirements that support movement and state and international export of plants and propagative materials.

(3) The department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with these rules. No grower, nursery dealer, government official, or other person is authorized to give any expressed or implied warranty, or to accept financial responsibility on behalf of the department regarding these rules.

(4) To qualify for export, plant stock must also meet import state and country requirements for freedom from specified regulated pests.

History

Authorizing statute(s): 80-7-108, 80-7-402, MCA
Implementing statute(s): 80-7-108, 80-7-402, MCA
History: NEW, 2014 MAR p. 206, Eff.1/31/14; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1440 Department Clean Plant and Indexing Certification Responsibilities

(1) The department will:

(a) Administer a clean plant and indexing certification program;

(b) Determine eligibility criteria for plants, plant and propagative materials for inclusion in the program;

(c) Identify eligibility of plant materials requested for inclusion in a clean plant and indexing certification program; confer certification upon those meeting the requirements and conditions of the clean plant certification and indexing program; and determine appropriate certification level(s);

(d) Approve registration and identity system of plants, plant and propagative materials of a clean plant and indexing program;

(e) Identify the viruses and diseases of regulatory, quarantine, and export significance and those specified as a concern by a buyer or exporter for the plants, plant materials, and propagative material requested for clean plant and indexing certification;

(f) Research and identify the International Standards for Pest Management (ISPM), Regional Standards for Pest Management (RSPM), and other applicable standards governing or guiding the viruses and diseases and their associated vectors and the propagation, development, and indexing of clean, disease-free plant and propagative plant material standards. Standards will outline the essential elements of a voluntary certification program for management of viruses, diseases, and their vectors, achieved through a combination of best management of practices and mandatory requirements;

(g) Review and approve written clean plant and indexing certification plans;

(h) Develop written inspection, audit, sampling and testing plans;

(i) Conduct audits and inspections necessary to assess compliance with standards and written clean plant and indexing certification plans. Inspections will be scheduled at the discretion of the department and at such times when specific disease symptoms are most likely to be expressed;

(j) Address compliance violations identified by the certified individual or entity or by the department based on inspection, audit, or test results. Unresolved compliance violations within the specified time frame will be cause for certification revocation, suspension, or cancellation; and

(k) Certify and provide certification identification materials.

History

Authorizing statute(s): 80-7-108, 80-7-402, MCA
Implementing statute(s): 80-7-108, 80-7-402, MCA
History: NEW, 2014 MAR p. 206, Eff. 1/31/14; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1441 Clean Plant and Indexing Certification Plans

(1) Clean plant and indexing certification plans must include, at a minimum, the following elements:

(a) Identification and quantification of all plant materials eligible for registration and certification;

(b) Origin or source of identified plant materials;

(d) Site selection that includes a description and map of all facilities, propagative and production areas along with required isolation and buffer zones;

(e) Certification levels and identity registration system allowing

for identification, tracking, tracing, and management of all plant and plant material identity;

(f) Program processes and procedures governing the establishment and management of plants and plant propagative materials including but not limited to sourcing, planting requirements, block management, increases, and maintenance;

(g) Pest management plan that prevents virus, disease, and associated vector introduction and which contains procedures for eradication, control, and suppression of pest populations to a level that meets certification standards. Major revisions of plans must be submitted for approval by the certifying agency;

(h) Identify approved laboratory(ies) for required tests and analysis and the testing and analysis schedule; and

(i) Other elements that are necessary to meet the specific type and level of certification requested or that are deemed necessary by the department.

History

Authorizing statute(s): 80-7-108, 80-7-402, MCA
Implementing statute(s): 80-7-108, 80-7-402, MCA
History: NEW, 2014 MAR p. 206, Eff. 1/31/14; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1442 Applicant and Certified Clean Plant and Indexing Entity Responsibilities

(1) The applicant and certified individual or entities will:

(a) Be registered or licensed in appropriate areas, e.g., nursery licensure is required for all plant materials covered under the definition of nursery stock;

(b) Develop and submit for approval a written clean plant and indexing certification plan that addresses the required elements identified by the department;

(c) Select, establish, develop, and manage all facilities and plant and propagation areas to meet the standards and requirements of the clean plant and indexing certification program, which includes critical control points associated with the operation, e.g., cultivation, irrigation, movement, sanitation, equipment management and other farming practices;

(d) Maintain identity, registry, and plant health certificates of all plant materials associated with foundation, nuclear, generation, mother, scion, seed, rootstock, stool, increase, certified, and other qualified plant and plant propagative materials that are traceable;

(e) Comply with all indexing, testing, and analysis required following an approved schedule. Ensure all test results are made available directly to the department from the approved agency or laboratory;

(f) Notify the department of virus, disease, and pest issues that violate or could lead, if unabated, to violations of clean plant and indexing certification standards and threaten certification of plants, plant materials and propagation materials. Participants must follow approved pest management plan actions to address virus, disease, and pest issues or, when deemed necessary, instructions of the department;

(g) Make facilities, propagation and production areas as well as tests and analysis and other documents available for inspection and audits by the department, or its representative or USDA;

(h) Address identified issues and violations within an identified time frame that resolves the issue or violation necessary to meet clean plant and indexing certification requirements;

(i) Keep records necessary to document: clean plant and indexing certification requirements; plant material identity from introduction, import, or development through sale, distribution, movement, export, or disposition; inspection and audit records and findings; compliance issues and resolutions; and test and analysis results for a minimum of three years;

(j) Make application using a form provided by the department and pay application fees; and

(k) Pay certification identification marker fees (labels, tags, and other methods of identification).

History

Authorizing statute(s): 80-7-108, 80-7-402, MCA
Implementing statute(s): 80-7-108, 80-7-402, MCA
History: NEW, 2014 MAR p. 206, Eff. 1/31/14; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1443 Clean Plant and Indexing Certification Enforcement

(1) Registration or certification may be refused, suspended, revoked, or cancelled for any plants, in part or all, or planting under any of the following conditions:

(a) The requirements of this chapter have not been met;

(b) The plant or propagative material is found to be virus- or disease-infected or off-type;

(d) Pest control requirements have not been met;

(e) The identity or eligibility of a plant or propagative materials becomes uncertain or has not been properly maintained;

(f) Registration, certification, or identification markers are misused; or

(g) The status of plants or propagative material sourced, produced, or used under the provisions of the clean plant and indexing certification program is knowingly misrepresented.

History

Authorizing statute(s): 80-7-108, 80-7-402, MCA
Implementing statute(s): 80-7-108, 80-7-402, MCA
History: NEW, 2014 MAR p. 206, Eff. 1/31/14; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1444 Phytosanitary Inspection and Certification Costs -- Fees

(2) Export certification fees shall be as follows:

(a) federal and state phytosanitary certificate:

(i) $105 for a noncommercial shipment, those shipments having a value that is less than $1,250; or

(ii) $180 for a commercial shipment having a value that is $1,250 or more;

(iii) $160 for a commercial produce shipment having a value that is $1,250 or more;

(iv) administrative and replacement user fees for each federal or state phytosanitary certification. Requests for export certification shall be made through a client-funded Phytosanitary Certification Information Tracking (PCIT) account; and

(v) certificate of Origin and Statement of Origin $150.

History

Authorizing statute(s): 80-1-102, 80-7-108, MCA
Implementing statute(s): 80-7-108, MCA
History: NEW, 2014 MAR p. 1390, Eff. 6/27/14; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.1445 Nursery Fees

(1) The license fees for each location of a firm, nursery, or plant dealer are as follows:

Gross annual sales of nursery stock: Fee:

not more than $5,000……………………………..$25

$5,001 to $75,000…………………………………$135

$75,001 to $150,000………………………………$200

$150,001 to $250,000……………………………..$300

Over $250,000……………………………………. $400

(2) A landscape service shall pay a license fee of $150. If the landscape service also sells nursery stock, it shall pay a license fee either as a landscape service or as a nursery, whichever is greater.

(3) A sod farmer shall pay a license fee of $220.

History

Authorizing statute(s): 80-7-106, MCA
Implementing statute(s): 80-7-106, MCA
History: NEW, 2017 MAR p. 1949, Eff. 10/28/17.

Subchapter 4.12.18 Commodity Grade and Charges

Mont. Admin. R. 4.12.1808 Definitions

(1) "Department" means the Montana Department of Agriculture.

(2) "Established Protocol" means a sampling practice and procedure already recognized by the department.

(3) "Requester" means the party that first asked the department to take a sample.

History

Authorizing statute(s): 80-5-606, MCA
Implementing statute(s): 80-5-601, 80-5-602, 80-5-603, 80-5-604, 80-5-605, 80-5-606, MCA
History: NEW, 2012 MAR p. 1254, Eff. 6/22/12.

Mont. Admin. R. 4.12.1809 Sampling Requests

(1) A sampling request must be made in writing either mailed, e-mailed, or faxed to the department.

(2) The request must identify all parties involved and provide contact information for them.

(3) The request must identify the variety of all crops involved as well as the location of the requested sampling, ideally a legal description of the location.

(4) The request that the department take sample(s) must either refer to an established protocol or include a new protocol request as explained in ARM 4.12.1810.

(5) If the request is for the department to be present as an independent third party and not sample, the preferred, or range of dates, times, and location must be requested.

(6) The request must state exact material to be sampled (for example seeds, field crops, storage container, food).

(7) A request that is lacking required information will not be processed.

History

Authorizing statute(s): 80-5-606, MCA
Implementing statute(s): 80-5-601, 80-5-602, 80-5-603, 80-5-604, 80-5-605, 80-5-606, MCA
History: NEW, 2012 MAR p. 1254, Eff. 6/22/12.

Mont. Admin. R. 4.12.1810 Establishing a New Protocol

(1) A requester must petition the department to create an established protocol. The requester must provide a written description detailing the exact methodology the requester wants used in the sampling and the testing of any crop.

(2) The department will make a written determination if the description is adequate enough to be an established protocol or whether the department will require additional information and propose the base fee if any for the sampling protocol as described.

(3) After a protocol is established it can be modified by written agreement of both the requester and the department.

(4) If the department requests a modification and the requester does not agree to it, the protocol is no longer established.

(5) An established protocol does not guarantee that the department can perform the sampling.

History

Authorizing statute(s): 80-5-606, MCA
Implementing statute(s): 80-5-601, 80-5-602, 80-5-603, 80-5-604, 80-5-605, 80-5-606, MCA
History: NEW, 2012 MAR p. 1254, Eff. 6/22/12.

Mont. Admin. R. 4.12.1811 Cost Recovery Fees

(1) The department will charge fees to recover the costs involved as outlined below:

(a) hourly rate of personnel for travel time;

(b) hourly rate of personnel for sampling time;

(i) the rate will be set by the department on an annual basis to ensure all anticipated costs are covered.

(d) any costs associated with testing analysis and shipping of samples.

(2) Other than personnel and travel time, the department will not charge a fee for being a third party witness for samplings.

History

Authorizing statute(s): 80-5-606, MCA
Implementing statute(s): 80-5-603, 80-5-606, MCA
History: NEW, 2012 MAR p. 1254, Eff. 6/22/12.

Mont. Admin. R. 4.12.1812 Mediation

(1) All mediation correspondence and notices to the department will be in writing.

(2) All mediations will follow the notice requirements of informal administrative contested case hearings.

(3) Anyone wishing to be on the list of mediators will provide a resume including a cover letter detailing how they have the education, training, and experience listed as preferred in the law.

History

Authorizing statute(s): 80-5-606, MCA
Implementing statute(s): 80-5-601, 80-5-604, 80-5-606, MCA
History: NEW, 2012 MAR p. 1254, Eff. 6/22/12.

Subchapter 4.12.22 Control of Apples

Mont. Admin. R. 4.12.2205 Montana Apple Grade Standards

(1) The following Montana apple grades are established in addition to the United States standards for grades of apples in Montana.

(a) Montana extra fancy;

(b) Montana fancy;

(d) Montana extra fancy hail;

(e) Montana fancy hail.

History

Authorizing statute(s): 80-3-303, MCA
Implementing statute(s): 80-3-311, MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.2206 Apples - Montana Grades Defined

(1) Montana extra fancy and Montana fancy shall be equivalent to U.S. extra fancy and U.S. fancy respectively with the following exceptions:

(a) color percentage requirements shall refer to the area of the surface which must be colored with a good shade of red characteristic of the variety and shall not allow for compensating color;

(b) Montana extra fancy color for mcintosh and red delicious shall be 66 2/3 percent;

(2) Montana combination must contain at least 50 percent of the apples which grade Montana extra fancy and the remainder to grade Montana fancy.

(3) Montana extra fancy hail and Montana fancy hail shall be equivalent to the Montana extra fancy and Montana fancy respectively with the following exceptions:

(a) hail marks shall not affect more than one-tenth of the surface aggregate area where skin has not been broken;

(b) well healed hail marks where the skin had been broken shall not affect more than one-half inch of aggregate surface area;

History

Authorizing statute(s): Sec. 80-3-303 MCA
Implementing statute(s): 80-3-311 MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93.

Subchapter 4.12.23 Grading of Cherries

Mont. Admin. R. 4.12.2310 Montana Sweet Cherry Grade Standards

(1) The following Montana cherry grade is established in addition to the United States standards for grades of sweet cherries in Montana.

(a) Montana No. 1.

History

Authorizing statute(s): Sec. 80-3-303 MCA
Implementing statute(s): 80-3-311 MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93.

Mont. Admin. R. 4.12.2311 Sweet Cherries - Montana Grades Defined

(1) Montana No. 1 shall be equivalent to U.S. No. 1 with the exception of tolerances for defects en route or at destination. Montana No. 1 shall allow 24 percent for cherries in any lot which fail to meet the requirements of this grade: PROVIDED, that included in this amount not more than the following percentages shall be allowed for defects listed:

(a) eight percent for cherries which fail to meet the requirements for this grade because of permanent defects; or

(b) six percent for cherries which are seriously damaged, including therein not more than four percent for cherries which are seriously damaged by permanent defects and not more than two percent for cherries which are affected by decay.

History

Authorizing statute(s): Sec. 80-3-303 MCA
Implementing statute(s): 80-3-311 MCA
History: NEW, 1993 MAR p. 1636, Eff. 7/30/93.

Subchapter 4.12.26 Wholesalers and Itinerant Merchants

Mont. Admin. R. 4.12.2615 Verification of 'montana-Grown' Produce or Produce 'grown' in Montana

(1) "Montana-grown" produce or produce "grown" in Montana shall mean produce actually grown by a person upon owned or leased premises in Montana.

(2) "Leased premises" for the purpose of this rule, shall mean premises over which the lessee has complete jurisdiction for the crop season.

(3) The term "actually grown" shall mean that the person, or those actually in his paid employ shall have done all things necessary for the production of such crops and produce, including irrigation, planting, pruning, and harvesting throughout the entire crop season.

History

Authorizing statute(s): 80-3-303, MCA
Implementing statute(s): 80-3-303, MCA
History: NEW, Eff. 10/5/75; AMD, 1993 MAR p. 1636, Eff. 7/30/93; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Subchapter 4.12.30 Seed Warehouse Rules

Mont. Admin. R. 4.12.3002 Handling Procedures

(1) All seed conditioning plants shall:

(a) account to the producer for all seed lots submitted to the plant. The conditioning report or scale ticket shall show gross weight of seed received, cleanout (screenings and air loss) and clean seed yield for each lot. The department exempts plants from weighing the clean seed yield if seed is treated in the same operation to prevent contamination of the scale, food, or feed;

(b) post a basic price schedule for seed conditioning operations;

(i) obtain a "dirt" or unclean seed sample at time of delivery and identify it properly;

(ii) obtain a sample of the cleaned seed and identify it properly;

(iii) sample sizes to be obtained should be the minimum amount required for seed testing as prescribed by the Association of Official Seed Analysts, "Rules for Testing Seeds," in general, these are:

(A) 500 grams or 18 ounces for cereal crops and large seeded legumes;

(B) 110 grams or 4 ounces for small seeded legumes and grasses; and

(iv) retained samples for one year after the seed has been cleaned. If a problem occurs with the crop that is related to the seed cleaning or treatment, or if the producer is not satisfied with the cleaning of the seed, the samples shall be retained until all parties reach a mutual agreement or until litigation has been completed:

(A) seed conditioning plants that clean only common cereal grain seeds are not required to obtain samples unless management chooses or the producer requests that samples be taken. If samples are taken, the aforementioned sample procedure shall be followed;

(B) handle each lot of seed received in such a way as to maintain its identity and prevent contamination; and

(C) reserve the right to refuse any material for conditioning or storage when, in the manager's or operator's opinion, it will be unfit for seed purposes or will contaminate or otherwise destroy the effectiveness or efficiency of the plant operation.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-123, 80-5-130, 80-5-133, MCA
History: NEW, Eff. 5/6/76; AMD, Eff. 10/25/77; AMD, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.3004 Handling of Screenings

(1) Screenings originating at an in-state conditioning plant shall:

(a) be stored in tight bins or containers so weed seed cannot be scattered by wind, birds, rodents, or by other means;

(b) not be sold or given away until the viability of the prohibited noxious weed seed has been destroyed, except as allowed by state law for feed buyers. Montana growers may request the return of screenings from their own production for personal use provided that screenings are transported in tightly closed containers. To comply with this rule:

(i) feed buyers must have a facility that will destroy the viability of prohibited noxious weed seeds;

(ii) seed conditioning plants may utilize other facilities that are capable of destroying the viability of prohibited noxious weed seeds; and

(iii) seed conditioners that sell or give away screenings are responsible for confirming that the feed buyer has a facility with approved methods for destroying the viability of prohibited noxious weed seeds.

(c) be labeled if screenings are bagged, or a written notice provided to the feed buyer purchasing screenings in bulk. Such label or notice shall state: "WARNING - THESE SCREENINGS MAY CONTAIN PROHIBITED NOXIOUS WEEDS. FEED BUYERS, BY LAW, ARE RESPONSIBLE FOR DESTROYING THE VIABILITY OF THE WEED SEED PRIOR TO THE MANUFACTURE OF FEED OR FEEDING."

(d) the viability of prohibited noxious weed seed shall be destroyed by using methods which are evaluated and approved by the department. Such methods may include the use of a rotary grinder, a hammer mill, steam, or a combination of steam and pressure, or any other acceptable method, provided that the method used is evaluated by the department for acceptability and effectiveness; and

(e) be transported only in tightly closed containers that will prevent the loss of weed seed in transit. The container must be cleaned after unloading.

(2) Screenings originating outside of Montana shall be conditioned to destroy the viability of all prohibited noxious weed seeds defined by state law prior to transport through the state or be transported in a tightly sealed container that will not allow the loss of the weed seeds.

History

Authorizing statute(s): 80-5-135, 80-5-139, MCA
Implementing statute(s): 80-5-135, MCA
History: NEW, Eff. 5/6/76; AMD, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3005 Posting of License

(1) All licensed seed facilities shall have their license posted in a conspicuous place or shall provide proof of licensing upon request.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-130, MCA
History: NEW, Eff. 5/6/76; AMD, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3008 License Year

(1) All licenses are issued on a fiscal year basis and expire on June 30 of each year.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-130, MCA
History: NEW, 1988 MAR p. 268, Eff. 2/12/88; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.3009 Reporting and Assessment of Seed Sales

(1) All out-of-state seed labelers shall report all sales of agricultural seed in Montana as defined in 80-5-131, MCA.

(2) These reports shall be on forms provided or approved by the department and must contain the gross annual sales by type of agricultural seed sold in Montana during the 12 months (July 1 through June 30).

(3) These reports and the fee of 25 cents per $100 in gross sales shall be due not later than July 31 of each year for the preceding 12-month period.

(4) An additional collection fee of 10 percent of the amount due but not less than $10 shall be assessed to any seed labeler whose report and assessment is not received by the department by the July 31 deadline.

History

Authorizing statute(s): 80-5-131, MCA
Implementing statute(s): 80-5-131, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2006 MAR p. 2129, Eff. 9/22/06; AMD, 2014 MAR p. 1217, Eff. 6/13/14.

Mont. Admin. R. 4.12.3010 Prohibited Noxious Weed Seeds

(1) Seeds offered for sale or sold shall not contain any prohibited noxious weed seeds as designated under the Montana County Weed Act ( 7-22-2101(7) (a) (i) , MCA) .

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-120, MCA
History: NEW, 1988 MAR p. 268, Eff. 2/12/88; AMD, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3011 Restricted Weed Seeds

(1) The name and number of restricted weed seeds must be shown on the label. When the number of restricted weed seeds exceeds the allowance, the seed lot is prohibited for sale in Montana.

(2) Seeds offered for sale or sold shall not contain the following restricted weed seeds in quantities in excess of those listed below:

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-120, MCA
History: NEW, 1988 MAR p. 268, Eff. 2/12/88; AMD, 1989 MAR p. 394, Eff. 3/31/89; AMD, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2020 MAR p. 1018, Eff. 6/13/20; AMD, 2026 MAR, Notice No. 2026-42, Eff. 9/1/26.

Mont. Admin. R. 4.12.3012 Civil Penalties - Enforcement

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 5, MCA, or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Administrative Procedure Act.

(2) Each violation shall be considered a separate offense and is subject to a separate penalty not to exceed $1,000. Each violation within a lot of seed may be considered a separate offense. A repeat violation shall be considered a first violation if it occurred two or more years after the previous violation.

(3) The penalty matrixes set forth in this rule establish the basic penalty value for each offense. Factors dealing with the violation may cause the matrix penalty to increase or decrease. To determine the appropriate penalty, the department may consider the gravity of the violation, degree of care exercised, and financial hardship.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-120, MCA
History: NEW, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3013 Civil Penalties – Matrix

Type of Violation | 1st Offense | 2nd Offense | Subsequent Offenses (1) Fail to obtain a license. | $200 | $500 | $1000 (2) Misrepresent information supplied regarding exemption from licensing requirements. | 200 | 500 | 1000 (3) Sell or transport seed lots that: | | | (a) contain technical violations in labeling that do not seriously affect the quality of seed; | 100 | 300 | 500 (b) contain more than 2% common weed seeds; | 200 | 500 | 1000 (c) contain restricted weed seed above the tolerances; | 200 | 500 | 1000 (d) contain prohibited noxiousweed seed; | 200 | 500 | 1000 (e) contain technical violations in labeling that seriously affect the quality of the lot of seed; | 200 | 500 | 1000 (f) have expired germination test; | 100 | 300 | 500 (g) are falsely or misleadingly advertised; and | 200 | 500 | 1000 (h) are misbranded or mislabeled. | 200 | 500 | 1000 (4) Sell, transport, label, advertise, or represent seed as certified seed: | | | (a) without a label issued by the seed certifying agency; and | 100 | 300 | 500 (b) without a determination from the seed certifying agency that the seed conforms to standards. | 200 | 500 | 1000 Type of Violation | 1st Offense | 2nd Offense | Subsequent Offenses (5) Sell or transport seed that is protected under the Plant Variety Protection Act without: | | | (a) authority of the owner; and | $1000 | $1000 | $1000 (b) the required seedcertification. | 1000 | 1000 | 1000 (6) Detach, alter, deface, or destroy a label. | 300 | 600 | 1000 (7) Alter or substitute seed. | 300 | 600 | 1000 (8) Disseminate false or misleading advertisement. | 300 | 600 | 1000 (9) Hinder or obstruct an authorized person in performanceof duties. | 500 | 1000 | 1000 (10) Fail to comply with a stop sale order. | 1000 | 1000 | 1000 (11) Fail to comply with Title 80, chapter 5, part 1, MCA or rules promulgated thereunder. | 100 | 300 | 500 (12) Use "trace" as a substitute for required statement. | 100 | 300 | 500 (13) Use "type" in labeling in connection with variety name. | 100 | 300 | 500 (14) Move or use screenings in violation of 80-5-135, MCA. | 200 | 500 | 1000 (15) Fail to pay assessment. | 1000 | 1000 | 1000 (16) Fail to submit a report of sales. | 200 | 500 | 1000

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-136, MCA
History: NEW, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2007 MAR p. 187, Eff. 2/9/07.

Mont. Admin. R. 4.12.3014 Gravity of Violations, Degree of Care, and Financial Hardship

(1) In evaluating the gravity of a violation, the department may consider certain factors that may increase or decrease the penalty matrix value. The following are examples of gravity factors that may be considered:

(a) the extent, type, kind, nature, and severity of harm;

(b) the potential of the violation to cause harm;

(d) timeliness in correcting a violation;

(e) cooperation during an inspection or investigation;

(f) the number of violations;

(g) timely and voluntary settlement of damages; and

(h) knowledge of the law that was violated.

(2) For purposes of implementing civil penalties, a violation has occurred if conduct is prohibited by Title 80, chapter 5, part 1, MCA regardless of the degree of care exercised. However, the department may consider evidence of the degree of care exercised for the purpose of determining an appropriate penalty. The department will consider degree of care when and to the extent that a charged person presents evidence of the standard of care exercised. Such evidence will be evaluated as follows:

(a) a violation that occurs through little or no negligence of the charged person may mitigate the penalty;

(b) a violation that occurs through negligence may have a neutral effect; and

(3) In determining the applicability of the above, the following definitions apply:

(a) "no negligence" means an inadvertent violation which was unavoidable by the exercise of reasonable care;

(b) "negligence" means a failure to exercise reasonable care;

(c) "reasonable care" means the degree of care that would be demonstrated by a prudent person acting in their own concern with a knowledge of the nature and probable consequences of the act or omission; and

(d) "gross negligence" means knowing, intentional or reckless conduct.

(4) Financial hardship that could be imposed by a civil penalty may be considered by the department for purposes of mitigating a civil penalty. The department will consider financial hardship when a person submits bona fide financial information demonstrating finances and the degree of hardship that would be caused by a civil penalty. The charged person may request a reduction in a civil penalty or an alternate payment schedule. Examples of bona fide financial information include copies of income tax statements and financial statements.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-136, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3015 Procedures for Complaints

(1) A person with knowledge of a violation of Title 80, chapter 5, MCA may file a complaint with the department. Complaints should be in writing and signed and should provide details about the violation. The department, upon receipt of a complaint, may proceed with an investigation; however, the lack of a signed and written complaint shall not preclude the department from investigating.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-133, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3016 Publication of Violations

(1) The department may publish, in a form it considers proper, information concerning violations of the act or violative seed analyses. Such publication will not occur until the responsible person has been given written notice of the violation by the department and has exhausted opportunities to contest.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-138
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3017 Seed Licensing Fees

(1) The requirements for seed licensing fees are as follows:

(a) a Montana grower who sells and/or labels seed: $75 a year license fee;

(b) a Montana seed dealer: $75 a year license fee;

(d) a Montana seed labeler: $75 a year license fee;

(e) a nonresident seed labeler: $75 a year license fee; and

(f) a nonresident dealer selling seed into Montana: $130 a year license fee.

History

Authorizing statute(s): 80-5-130, MCA
Implementing statute(s): 80-5-130, MCA
History: NEW, 2014 MAR p. 1217, Eff. 6/13/14.

Subchapter 4.12.31 Seed Labeling Rules

Mont. Admin. R. 4.12.3101 Definitions

As used in this sub-chapter, unless the context requires otherwise, the following definitions apply:

(1) "Coated or encrusted seed" means seed that has been covered by a layer(s) of materials that obscure the original shape and size of the seed resulting in a substantial weight increase. The coating or encrusting may contain biologicals, identifying colorants or dyes, pesticides, polymers and/or other ingredients.

(2) "Film-coated seed" means seed that retains the shape and the general size of the raw seed with a minimal weight gain. The film coating may contain biologicals, identifying colorants or dyes, pesticides, polymers and/or other ingredients. The coating shall result in a continuous covering.

(3) "Hermetically sealed seed" means seed packed in a moisture proof container when the container and the seed in the container meet the requirements specified by the suggested rules and regulations of the Montana State Seed Law.

(4) "Inoculated seed" means seed which has received a coating of a preparation containing a microbial product, e.g. Rhizobium sp.

(5) "Official sample" means a sample taken from a lot of seed by a representative of a seed regulatory official of a state or federal government agency following prescribed methods.

(6) "Pelleted seed" means coated or encrusted seed that also improves the plantability or singulation of the seed.

(7) "Pesticide treated seed" means seed with a covering of material(s) whose objective is to reduce or control disease organisms, insects or other pests attacking the seed or seedlings growing therefrom and may contain identifying colorants or dyes.

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3102 Treated or Inoculated Seed

(1) In addition to the label requirements of 80-5-123 , MCA for all agricultural, vegetable, flower and indigenous seeds which have been treated as defined in 80-5-120 , MCA, or inoculated as defined in ARM 4.12.3101, a label containing the following information shall be affixed or accompany the lot:

(a) a word or statement indicating that the seed has been treated;

(b) the commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;

(c) if the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "do not use for food, feed, or oil purposes." The caution for toxic substances shall be a poison statement or symbol; and

(d) if the seed is inoculated, the date beyond which the inoculant is not to be considered effective (date of expiration) .

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3103 Viability Information

(1) All seed shall be labeled with information that indicates the viability of the seed. This information shall be in one of the following formats as further stated in these rules for different types of seed:

(a) the calendar month and year the test was completed to determine the viability information percentages;

(b) the year for which the seed was packed for sale; or

(2) Seed sold or offered for sale must have current viability information as required by 80-5-134(1)(d), MCA. Seed shall not be sold more than 12 months after the calendar month and year in which the test for the viability information for that seed was completed except grass seed sold for lawn, landscaping, or ornamental purposes may be up to 15 months.

(3) As stated in procedures such as the Federal Seed Act and the rules for testing seeds by the association of official seed analysts, the following tests are approved for determining viability:

(a) germination as prescribed for the seed kinds being tested;

(b) hard seeds as prescribed for the seed kinds being tested; and

(4) A seed dealer may use the label of the seed labeler without changing the name for a period of 12 months (15 months for grass seed) following the month in which the viability test was completed, provided that label complies with the Montana labeling requirements and that it is attached to the original container. After this period, viability information must be updated.

(5) A supplemental label must be attached to the container or affixed to the original label showing new viability information and the name and address of the person who affixed the supplemental label. Not more than one supplemental label shall be visible.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2017 MAR p. 2180, Eff. 11/25/17.

Mont. Admin. R. 4.12.3104 Labeling for Seed Kind and Variety

(1) Agricultural seeds must be labeled with kind and variety information as stated in this rule:

(a) The following agricultural seeds must be labeled to show kind and variety:

(i) barley;

(ii) bean, field;

(iii) beet, field;

(iv) canola;

(v) chickpeas (garbanzo beans);

(vi) corn, field;

(vii) hemp;

(viii) lentils;

(ix) oats;

(x) peas, field;

(xi) safflower;

(xii) soybean; and

(xiii) wheat.

(b) Any kind of agricultural seed not listed above may be labeled by just kind or by kind and variety.

(2) The words "kind" and "variety" are not needed so long as the actual variety name and kind are on the label. If only one variety is present the term "pure seed" may be used.

(3) When two or more varieties are present in excess of 5% and are listed on the label, the name of each variety must be accompanied by the percentage of each in the seed mix.

(4) If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term "hybrid" must be clearly associated with the respective percentages.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2002 MAR p. 70, Eff. 1/18/02; AMD, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2024 MAR p. 243, Eff. 2/10/24.

Mont. Admin. R. 4.12.3105 Agricultural Seed Label Requirements

(1) Agricultural seeds that are not more specifically categorized in this sub-chapter shall be labeled with the:

(a) name and mailing address of the seed labeler;

(b) lot number or other lot identification mark;

(c) name of the kind and variety, except as provided for in ARM 4.12.3104, for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each. Hybrids shall be labeled as hybrids;

(d) state or foreign country of origin for each named agricultural seed. If the origin is unknown, the fact shall be stated;

(e) percentage by weight of all weed seeds;

(f) name and rate of occurrence per pound of each kind of restricted weed seed present;

(g) percentage by weight of other crop seeds;

(h) percentage by weight of inert matter; and

(i) viability information for each named agricultural seed:

(i) percentage of germination, exclusive of hard or dormant seed;

(ii) percentage of hard seeds may be stated, if present;

(iii) percentage of dormant seed may be stated, if present, and the test used to determine dormancy;

(iv) following (1) (i) (i) , (ii) , and (iii) , the terms "total germination and hard and/or dormant seed" or "total viable" may be used in accordance with this subsection;

(v) as an alternative to (1) (i) (i) through (iv) , the label may give the percentage of viable seeds as determined by methods approved by department rule. The method used to determine viability shall be stated on the label; and

(vi) calendar month and year the test was completed to determine such percentages.

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3106 Labeling Seed Mixtures for Lawn and Turf Purposes

(1) Agricultural seed mixtures for lawn and turf

(a) name and mailing address of the seed labeler;

(b) lot number or other lot identification mark;

(c) commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5% of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form;

(d) word "mix" or derivation thereof stated with the name of the mixture;

(e) headings such as "pure seed," "germination," or "germ" in the proper places;

(f) state or foreign country of origin for each named agricultural seed. If the origin is unknown, the fact shall be stated;

(g) percentage by weight of all weed seeds;

(h) name and rate of occurrence per pound of each kind of restricted weed seed present;

(i) percentage by weight of other crop seeds;

(j) percentage by weight of inert matter. Inert matter shall not exceed 10% by weight. Except for coating material, fertilizer and mulch as provided for in this sub-chapter, foreign material not common to grass seed shall not be added; and

(k) viability information for each named agricultural seed:

(i) percentage of germination, exclusive of hard or dormant seed;

(ii) percentage of hard seeds may be stated, if present;

(iii) percentage of dormant seed may be stated, if present, and the test used to determine dormancy;

(iv) following (1) (k) (i) , (ii) and (iii) , the terms "total germination and hard and/or dormant seed" or "total viable" may be used in accordance with this subsection; and

(v) calendar month and year the test was completed to determine such percentages, the year for which the seed was packed for sale, or the sell by date.

(2) The labeling requirements for seed mixtures for lawn and/or turf purposes in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

purposes shall be labeled with the:

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3107 Agricultural Seed Sold on a Pure Live Seed Basis

(1) Each container of agricultural seeds that is sold on a pure live seed basis in accordance with the Act and these rules must bear a label containing the information required in ARM 4.12.3105 with the following exceptions:

(a) the label need not show:

(i) the percentage by weight of each agricultural seed component as required by ARM 4.12.3105; or

(ii) the percentage by weight of inert matter as required by ARM 4.12.3105; and

(b) the label must show for each named agricultural seed, instead of the information required by ARM 4.12.3105:

(i) the percentage of pure live seed determined in accordance with the Act and these rules; and

(ii) the calendar month and year in which the test determining the percentage of pure live seed was completed.

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3108 Agricultural Seeds That Are Coated

(1) In addition to the applicable agricultural seed labeling requirements, agricultural seeds that are coated shall be labeled with the:

(a) percentage by weight of pure seeds with coating material removed;

(b) percentage by weight of coating material;

(d) percentage of germination determined on 400 pellets with or without seeds.

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3109 Agricultural Seeds Placed in a Germination Medium or Other Device

(1) In addition to the applicable agricultural seed labeling requirements, agricultural seeds, including lawn and turf seeds, placed in a germination medium, mat, tape or other device or mixed with mulch shall be labeled with the:

(a) product name;

(b) percentage by weight of pure seed of each kind and variety named which may be less than 5% of the whole; and

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3110 Agricultural and Vegetable Hybrid Seed Containing Less Than 95% Hybrid Seed

(1) In addition to the applicable agricultural and vegetable seed labeling requirements, agricultural and vegetable hybrid seed which contains less than 95% hybrid seed shall be labeled with the:

(a) kind or variety labeled as "hybrid"; and

(b) percent hybrid stated parenthetically in direct association following named variety, i.e., Comet (85% Hybrid) .

(2) Varieties in which the pure seed content is less than 75% hybrid seed shall not be labeled hybrids.

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3111 Vegetable Seeds

(1) All vegetable seeds shall be labeled with the:

(a) name and mailing address of the seed labeler;

(b) lot number or other lot identification mark; and

(c) name of each kind and variety present in excess of 5% and the percentage by weight of each in order of its predominance.

(2) Vegetable seeds in packets of generally one pound or less as prepared for use in home gardens or household plantings or vegetable seeds in pre-planted containers, mats, tapes, or other planting devices shall also be labeled with the:

(a) year for which the seed was packed for sale, the sell by date or the percentage germination and the calendar month and year the test was completed to determine such percentage; and

(b) viability information for seeds which germinate less than the standard last established in the Federal Seed Act:

(i) percentage of germination, exclusive of hard or dormant seed;

(ii) percentage of hard seeds may be stated, if present;

(iii) percentage of dormant seed may be stated, if present, and the test used to determine dormancy;

(iv) following (2) (b) (i) , (ii) and (iii) , the terms "total germination and hard and/or dormant seed," or "total viable" may be used in accordance with this subsection; and

(v) the words "Below Standard Germination" in not less than 8-point type.

(3) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, the label shall carry a statement to indicate the minimum number of seeds in the container.

(4) Vegetable seeds in containers, other than packets of generally one pound or less prepared for use in home gardens or household plantings and other than pre-planted containers, mats, tapes, or other planting devices, shall also be labeled with the viability information for each named vegetable seed:

(a) percentage of germination, exclusive of hard or dormant seed;

(b) percentage of hard seeds may be stated, if present;

(d) following (4) (a) , (b) and (c) , the terms "total germination and hard and/or dormant seed" or "total viable" may be used in accordance with this subsection; and

(e) calendar month and year the test was completed to determine such percentages, the year for which the seed was packed for sale, or the sell by date.

(5) The labeling requirements for vegetable seeds shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3112 Flower Seeds

(1) All flower seeds shall be labeled with the:

(a) name and mailing address of the seed labeler;

(b) lot number or other lot identification mark;

(c) name of the kind and variety or a statement of type and performance characteristics if prescribed in a specific rule; and

(d) year for which the seed was packed for sale, the sell by date or the percentage germination and the calendar month and year the test was completed to determine such percentage.

(2) The genus and species of each flower in a mix shall be furnished to the department upon request.

(3) Flower seeds in packets of generally one pound or less prepared for use in home gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices for which standard testing procedures are established by the association of official seed analysts and which germinate less than the germination standard last established under the provisions of the Act shall also be labeled with the:

(a) percentage of germination exclusive of hard seeds; and

(b) the words "Below Standard Germination" in not less

than 8-point type.

(4) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, the label shall contain a statement to indicate the minimum number of seeds in the container.

(5) Flower seeds in containers, other than packets of generally one pound or less prepared for use in home flower gardens or household plantings and other than pre-planted containers, mats, tapes, or other planting devices and for which standard testing procedures are established by the association of official seed analysts, shall also be labeled with the:

(a) percentage of germination, exclusive of hard or dormant seed;

(b) percentage of hard seeds may be stated, if present;

(d) following (5) (a) , (b) and (c) , the terms "total germination and hard and/or dormant seed" or "total viable" may be used in accordance with this subsection.

History

Authorizing statute(s): Sec. 80-5-139, MCA
Implementing statute(s): Sec. 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3113 Indigenous Seeds

(1) Indigenous seeds, whether in package or bulk, shall be labeled with the:

(a) name and mailing address of the seed labeler;

(b) lot number or other lot identification mark;

(d) common name, genus, species, and subspecies when applicable, including the name of each kind of seed present in excess of 5%. When two or more kinds of seed are named on the label, the label shall specify the percentage of each. When only one kind of seed is present in excess of 5% and no variety name or type designation is shown, the percentage must apply to seed of the kind named. If the name of the variety is given, the name may be associated with the name of the kind. The percentage in this case may be shown as "pure seed" and must apply only to seed of the variety named;

(e) state or country of origin;

(f) percentage of viable seed, together with the date of test. When labeling mixtures, the percentage viability of each kind shall be stated. The method used to determine viability shall be stated on the label;

(g) percentage by weight of pure seed;

(h) percentage by weight of all weed seeds;

(i) percentage by weight of inert matter;

(j) percentage by weight of other crop seeds; and

(k) name and rate of occurrence per pound of each kind of restricted weed seed present.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3114 Combination Mulch, Seed and Fertilizer Products

(1) For combination mulch, seed and fertilizer products, the label shall include the word "combination" followed by the words "mulch, seed, fertilizer," or appropriate terms. These words must appear on the upper 30% of the principal display panel. The word "combination" must be the largest and most conspicuous type on the container, equal to or larger than the product name; the words "mulch, seed, or fertilizer," shall be no smaller than one-half the size of the word "combination" and close to the word "combination." These products shall contain a minimum of 70% mulch.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-123, MCA
History: NEW, 2000 MAR p. 3334, Eff. 12/8/00.

Mont. Admin. R. 4.12.3115 Genuine Grower Declaration Form

(1) What is a genuine grower declaration form? A document required by state law when seeds are cleaned or conditioned that creates a written record to help comply with intellectual property laws.

(2) What is required in a genuine grower declaration form? The grower declaration must contain:

(a) a statement that the grower either grew the seeds or from whom they received them;

(b) the kind and variety of seed if known; and

(3) When is a genuine grower declaration form needed? Anytime any seed is cleaned or conditioned on equipment not owned by the farmer, the grower declaration is required. In most circumstances, the form should be signed before the cleaning or conditioning is performed, but a signature occurring before the seeds are returned to the farmer is allowed in cases where it is impractical to get a signature before the services are performed.

(4) Who keeps a copy of the genuine grower declaration form? Both the farmer and the business providing cleaning or conditioning services or rental equipment.

(5) Can the genuine grower declaration form be electronic? Yes.

(6) Must we use the genuine grower declaration form on the department's website? No. It is only an example. Each business can create a different form so long as it contains the requirements of this rule.

(7) How long must a genuine grower declaration form be retained? The completed form must be retained for one year after the seed cleaning or conditioning occurred.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-134, MCA
History: NEW, 2024 MAR p. 243, Eff. 2/10/24.

Subchapter 4.12.32 Alternative Dispute Resolution Rules

Mont. Admin. R. 4.12.3201 Definitions

The definitions in this subchapter apply to 80-5-501 through 80-5-510 , MCA:

(1) "Alternative dispute resolution" (ADR) means a process by which the parties agree to submit their differences to the judgment of an impartial council.

(2) "Buyer" means a person who buys agricultural seed.

(3) "Council" means the alternative dispute resolution council established in 80-5-504 , MCA.

(4) "Seller" means a person selling agricultural seed.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-509, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3202 Buyer Forms for Alternative Dispute Resolution

(1) The buyer's sworn complaint must be on forms provided by the department or in a format containing the following information:

(a) name and address of person or company filing for alternative dispute resolution;

(i) permission to enter owned or leased property for purposes of conducting an investigation of the sworn complaint;

(b) seller name and address where seed was purchased;

(d) lot number and amount of seed purchased, purity and germination information;

(e) amount of carryover seed available for sampling purposes;

(f) description of complaint, including alleged damages and dollar loss estimates;

(g) crop production information may include, but is not limited to:

(i) legal description of field;

(ii) acres affected;

(iii) planting date, seeding rate, and seeding depth;

(iv) previous three years field crop history; and

(v) directions to or location of field;

(h) filing date;

(i) signature; and

(j) notary's acknowledgment.

(2) The filing fee of $250 must accompany the copy sent to the department, and is non-refundable upon receipt of an answer from the seller as required in 80-5-506 (2) , MCA.

(3) The department may request additional information.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-506, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3203 Seller's Response to Buyer and Department

(1) The seller's response filed with the department shall contain, but is not limited to the following:

(a) seller name and address;

(b) grower name filing for alternative dispute resolution;

(d) responses made to the complaint, whether they agree or disagree and why;

(e) seed lot identification including:

(i) name of seed labeler;

(ii) lot number;

(iii) certification number;

(iv) seed kind;

(v) seed variety;

(vi) seed treatment, (if treated) ;

(vii) any tests conducted on the lot in question (purity, germination, barley streak mosaic virus, other) ; and

(viii) production year of seed lot;

(f) list of any additional sales of this lot;

(g) list of any other complaints that may have been received; and

(h) seller name, date and signature.

(2) The filing fee of $250 must accompany the copy sent to the department and is non-refundable upon receipt by the department.

(3) The department may request additional information.

(4) If the seller fails to respond within the time given, the council may place the seller in default and advise the buyer of their right to proceed with a civil complaint in state district court.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-506, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3204 Expenses for Witnesses and Testing

(1) Upon request to, and approval of the council, the buyer or seller may have witnesses on their behalf. The expenses for witnesses for either side shall be borne entirely by the party producing such witnesses. The costs of grow out tests or other tests that may be required that exceed the amount of the filing fee may be allocated by the council in making the award.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-508 and 80-5-510, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3205 Investigation Procedures

(1) Investigation procedures may include, but are not limited to the following:

(a) interviewing the buyer of the seed;

(b) interviewing the seller of the seed;

(d) obtaining copies of records of fertilizer or pesticide that were applied to the field;

(e) observing the field conditions in question and obtaining:

(i) pictures of plants growing;

(ii) stand counts of plants;

(iii) soil samples for analysis of fertilizer and pesticide residue; and

(iv) maps of the field showing patterns or findings observed;

(f) contacting weather service to obtain weather information during the growing season;

(g) contacting university, extension, or industry personnel with expertise on crop type in question; and

(h) observing other documentation as deemed necessary by council members.

(2) Investigations made by the council should be organized and under the direction of a lead investigator with the greatest knowledge of the cropping system and crop type involved in the complaint. This lead investigator may be chosen from the council membership.

(3) If the council determines none of its members possess the knowledge or expertise to conduct a thorough investigation, nothing in these rules shall preclude the council from appointing an investigator from outside its membership to conduct the investigation.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-504 and 80-5-506, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3206 Scheduling of Informal Hearing

(1) The presiding officer shall fix the time and place for each informal hearing and shall notify each party in writing of the scheduled informal hearing at least seven days in advance of that date.

(2) The informal hearing will follow the procedures of the Montana Administrative Procedure Act established in 2-4-603 and 2-4-604 , MCA.

(3) Such notice shall include:

(a) the names and addresses of the parties to whom notice has been given;

(b) the address and telephone number of the presiding officer of the council;

(d) the date, time, place, and subject of the informal hearing; and

(e) a statement of the legal authority under which the informal hearing is being held including the sections of statute and rules involved.

(4) The presiding officer of the council shall attempt to schedule the hearing at a time and place mutually agreeable to the buyer and the seller. Provided that if a mutually agreeable time and place cannot be found, the presiding officer may set the time and place.

(5) The presiding officer of the council may allow all or a part of the informal hearing to be conducted by telephone, or other electronic means, when the rights of the parties will not be prejudiced and each party has an opportunity to participate.

(6) The parties involved in the informal hearing must declare and receive approval from the council for all persons appearing upon their behalf to provide testimony. A party may not be represented by an attorney unless all parties are represented by an attorney in the informal hearing.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-505, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3207 Waiver of Informal Hearing

(1) The parties may provide, by written agreement submitted to the presiding officer, that the informal hearing shall be conducted on the pleadings submitted without oral argument or testimony.

(2) The council may make their determination through submitted information and are not compelled to hold an informal hearing.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-509, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3208 Alternative Dispute Resolution Council Report

(1) The council shall prepare a written report of its findings within the established time frames. The report shall include:

(a) findings of fact and conclusions;

(b) the award; and

(2) A simple majority of the council shall be sufficient to make a decision.

(3) The report shall constitute the final decision of the council.

(4) Any member disagreeing with an award may prepare a dissenting opinion and that opinion shall be included in the council report.

(5) Nothing in these rules will prohibit the department from taking enforcement actions based on the findings of the alternative dispute resolution council as prescribed in 80-5-136 , MCA, of the Montana Agricultural Seed Act.

(6) Council findings of "inconclusive due to lack of evidence or cooperation" between parties would be noted in the final report. These findings may result in no award of damages being issued. Costs of the investigation would still be allocated equally.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-507, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3209 Award Upon Settlement

(1) If the parties to a dispute settle that dispute during the course of an alternative dispute resolution, the council, at the request of the parties, may set forth the terms of the agreed settlement in the report. A copy of the agreement reached by the parties and a statement requesting withdrawal from alternative dispute resolution must be sent to the council.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-503, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Mont. Admin. R. 4.12.3210 Confidentiality

(1) Article XII, Section 9, of the 1972 Constitution of the State of Montana provides for the right of all citizens to participate in the deliberations of public agencies, except where "the demand of individual privacy clearly exceeds the merits of public disclosure." If any party to an alternative dispute resolution proceeding requests that confidentiality be observed as to any part, or all of the proceeding, they must make a request to the council in the sworn complaint referenced in ARM 4.12.3202, or in the response referenced in ARM 4.12.3203. The council and the department will balance the privacy interests with the right to participate and advise the parties before proceeding whether the dispute resolution will be kept confidential. In the event the proceeding is determined open, then the complaining, or responding party reserves the right to withdraw the complaint or response, or any part thereof, before any disclosure is made.

History

Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-509, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.

Subchapter 4.12.34 Seed Rules and Regulations

Mont. Admin. R. 4.12.3403 Rules and Regulations by Montana State University Certification Agencies

(1) The Montana Seed Growers Association, Bozeman, Montana is the official state agency for the certification of all field crops, except potatoes.

(2) The Department of Agriculture and/or the Montana Seed Growers Association will provide information to seed certification agencies in the United States of America and Canada in accordance with plant variety protection acts.

History

Authorizing statute(s): 80-5-139, MCA
Implementing statute(s): 80-5-141, MCA
History: NEW, Eff. 5/6/76; AMD, 2000 MAR p. 3334, Eff. 12/8/00

Subchapter 4.12.35 Grading of Certified Seed Potatoes

Mont. Admin. R. 4.12.3501 General Requirements

(1) The department of agriculture, pursuant to 80-3-311 and 80-3-315, MCA, adopts grade standards and inspection procedures to enforce those grades as further set out in these rules. For the purposes of grading certified seed potatoes, the department hereby adopts by reference the United States Standards for Grades of Potatoes as specified in 7 CFR Part 51 sections 1540 through 1566 of the January 1, 1998 edition with the exceptions specified in ARM 4.12.3501 through 4.12.3505.

(2) All seed potatoes shall be shipped under tags that represented all grade and classes to which they were sorted and certified.

(3) Final pack inspection.

(a) all Montana certified seed potatoes sold in bulk or offered for sale in bags shall be inspected by a federal or federal-state inspector. The final inspection shall be made before potatoes are moved from the loading point. If the potatoes do not meet the final grade requirements, the grade certificate shall not be issued unless the potatoes are regraded to meet the requirements. Standard method of loading shall be used when loading trucks and/or railroad cars, or bulk shipments; and

(b) federal and federal-state grade inspectors are granted authority at any or all times to call in a potato specialist from the Montana state university (MSU) extension potato certification program if they suspect grower(s) are not handling certified seed potatoes in accordance with guidelines set forth by the MSU extension potato certification program, or if they suspect potatoes inspected do not conform in other respects with the requirements of MSU extension potato certification program. However, under no circumstances shall the department be held responsible for enforcing MSU extension potato certification program guidelines and procedures, and any failure to review for such compliance shall not be construed as approving for MSU extension potato certification program guidelines.

(4) Issuance of an official grade certificate by the department shall mean approval for department grading standards only.

(5) Official tags shall be issued by MSU extension potato certification program officials to the applicant or a designated agent. No mutilation of official tags by writing or marking over, or otherwise altering original information printed thereon, shall be permitted unless requested in writing by the grower and approved by the department of agriculture.

(6) The grower, to whom the official tags were issued, shall be responsible for the proper completion of the tags.

(7) Each lot of certified seed potatoes shall be inspected by either federal or federal-state inspectors at the time of shipment.

(8) Ungraded potatoes shall not be inspected.

(9) Washing of certified seed potatoes to be tagged with an official tag shall not be permissible unless requested by the buyer. Presence of soil on tubers shall not constitute reason for throwing them out of the grade. Grower should allow for weight of soil when packaging potatoes for sale.

(10) It shall be permissible to use official tags on potatoes containing an excess of oversize, undersize, and/or sprouts providing that the official grade certificate indicates that the potatoes exceed the tolerance. It shall be the responsibility of the grower to submit written evidence that the purchaser is willing to accept such a grade.

History

Authorizing statute(s): 80-3-311, MCA
Implementing statute(s): 80-3-303, 80-3-311, 80-3-312, MCA
History: NEW, 1985 MAR p. 1146, Eff. 8/16/85; AMD, 1987 MAR p. 368, Eff. 4/17/87; AMD, 1988 MAR p. 2562, Eff. 12/9/88; AMD, 1999 MAR p. 1505, Eff. 7/2/99; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.3502 Seed Class Designation

(1) At the time the tags are ordered by the grower, it shall be the responsibility of the MSU extension potato certification program to print clearly across the face of the appropriate grade tag the following: the proper class designation, growers name, address, and any other pertinent information necessary for shipment of the potato crop.

History

Authorizing statute(s): 80-3-311, MCA
Implementing statute(s): 80-3-311, 80-3-312, MCA
History: NEW, 1985 MAR p. 1146, Eff. 8/16/85; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.3503 Blue Tags

(1) The official blue tag shall be used to designate seed lots that are the equivalent of the U.S. No. 1 grade with the following exceptions:

(a) size -- the minimum size shall be 1 1/2 ounces and the maximum size shall be 12 ounces.

(b) combined total length of growth cracks may extend two-thirds length of tuber and/or the depth of one-fourth the diameter of the tuber.

(d) air cracks shall be scored only if the depth exceeds 1/2 inch.

(e) sunburn (greening), hollow heart, hollow heart with discoloration, light brown discoloration or brown center shall be permissible.

(f) stem-end discoloration -- serious discoloration extending beyond a depth of 1/2 inch shall be scored unless verified by a department approved pathologist as not being a disease symptom.

(g) immaturity, as indicated by feathering of skin, shall not disqualify provided there is no undue loss of weight from wilting or shriveling of tubers.

(h) sprouts - - not more than 10% of the lot may have sprouts more than 3/4 inch in length. Individual sprouts or clusters shall not be scored on appearance or length if within the 10% tolerance.

(i) oversized, undersized, and sprouts shall be permissible provided the excess tolerance is indicated on the official grade certificate.

(j) freezing injury other than the condition of being frozen or affected by soft rot or wet breakdown shall be scored when removal of the affected area causes a loss of more than 10% of the total weight of the tuber. The tolerance is 3% or less for freezing injury.

(k) the tolerance is 1% or less for potatoes which are affected by late blight tuber rot, soft rot or wet breakdown.

History

Authorizing statute(s): 80-3-311, MCA
Implementing statute(s): 80-3-311, 80-3-312, MCA
History: NEW, 1985 MAR p. 1146, Eff. 8/16/85; AMD, 1986 MAR p. 245, Eff. 2/28/86; AMD, 1987 MAR p. 368, Eff. 4/17/87; AMD, 1988 MAR p. 2562, Eff. 12/9/88; AMD, 1999 MAR p. 1505, Eff. 7/2/99; AMD, 2011 MAR p. 232, Eff. 2/25/11; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.3504 Red Tags

(1) The official red tag shall be used to designate seed lots that are the equivalent of U.S. No. 2 grade with the following exceptions:

(a) size -- the minimum size shall be 1 1/2 ounces and the maximum shall be 12 ounces.

(b) growth cracks shall not be scored.

(d) cuts and bruises shall be scored when removal causes loss of more than 15% of the total weight of a tuber.

(e) second growth shall not be deliberately removed.

(f) the following blue tag exceptions shall also apply to red tags: air cracks, sunburn (greening), stem-end discoloration, immaturity, sprouts, oversize, undersize, hollow heart, hollow heart with discoloration, light brown discoloration, brown center, freezing injury, and the tolerance for late blight tuber rot, soft rot or wet breakdown.

History

Authorizing statute(s): 80-3-311, MCA
Implementing statute(s): 80-3-311, 80-3-312, MCA
History: NEW, 1985 MAR p. 1146, Eff. 8/16/85; AMD, 1986 MAR p. 245, Eff. 2/28/86; AMD, 1987 MAR p. 368, Eff. 4/17/87; AMD, 1988 MAR p. 2562, Eff. 12/9/88; AMD, 1999 MAR p. 1505, Eff. 7/2/99; AMD, 2011 MAR p. 232, Eff. 2/25/11; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.12.3505 Bulk Shipments

(1) Potatoes shipped in bulk shall meet all official grade and MSU extension potato certification program requirements. All carriers shall be tagged in an appropriate manner.

(2) Official tag carrying information described in this section shall be used and, in addition, the following information must be filled out on the official bulk tag:

(a) inspection certification number;

(b) date inspected;

(d) date and time loaded;

(e) trucking firm's name and driver's initials;

(f) carrier license or car number; and

(g) approximate weight (100 lbs. occupies about 2.4 cubic feet, or .42 x cu. ft. = number of CWT's).

History

Authorizing statute(s): 80-3-311, MCA
Implementing statute(s): 80-3-311, 80-3-312, MCA
History: NEW, 1985 MAR p. 1146, Eff. 8/16/85; AMD, 1988 MAR p. 2562, Eff. 12/9/88; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Subchapter 4.12.39 Management Areas

Mont. Admin. R. 4.12.3901 Eurasian Watermilfoil Management Area

(1) The Eurasian Watermilfoil Management Area is created covering Noxon and Cabinet Gorge reservoirs, the lower Clark Fork River, and the mouths of tributaries including a 200-foot set back beyond full pool or high water mark beginning at Plains, Montana and extending to the Montana/Idaho border and the land beneath two check stations at the juncture of Highway 2 and 56 with an eighth of a mile extension along the highways in each direction and the juncture of Highway 200 and Highway 28 near Plains with an eighth of a mile extension along the highways in each direction in order to prevent the spread of Eurasian watermilfoil.

(2) The check stations will be mandatory for all water vessels, including live wells and trailers, and the check stations may mandate cleaning if the vessels appear to be potentially contaminated.

History

Authorizing statute(s): 80-7-1007, MCA
Implementing statute(s): 80-7-1007, 80-7-1008, 80-7-1009, 80-7-1010, 80-7-1011, 80-7-1012, 80-7-1014, MCA
History: NEW, 2010 MAR p. 1493, Eff. 6/25/10.

Mont. Admin. R. 4.12.3902 Upper and Lower Missouri River Eurasian Watermilfoil Management Areas

(1) The Upper Missouri River Eurasian Watermilfoil Management Area is created covering Beaverhead, Madison, Jefferson, Lewis & Clark, Broadwater, and Gallatin Counties. The Lower Missouri River Eurasian Watermilfoil Management Area is created covering Valley, Phillips, McCone, Richland, Garfield, and Petroleum Counties.

(2) The inspection stations will be mandatory for all water vessels, including live wells and trailers, and the inspection stations may mandate cleaning if the vessels appear to be potentially contaminated.

History

Authorizing statute(s): 80-7-1007, MCA
Implementing statute(s): 80-7-1007, 80-7-1008, 80-7-1009, 80-7-1010, 80-7-1011, 80-7-1012, 80-7-1014, MCA
History: NEW, 2012 MAR p. 1346, Eff. 7/13/12.

Chapter 4.13 State Grain Laboratory Division

Subchapter 4.13.10 Grain Rules

Mont. Admin. R. 4.13.1001B GRAIN FEE SCHEDULE

4.13.1001B GRAIN FEE SCHEDULE

(1) Effective Date: The effective date of this rule is July 1, 2022.

(2) General Provisions: These General provisions applying to all sections of this rule are as follows:

(a) Service Hours: Normal office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. All other hours and holidays will be considered overtime.

(b) Sampling Hours: Sampling hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. An applicant must place service requests with the inspection office by 10:00 a.m. during regular hours for same day inspection/sampling services. All requests for sampling services to be performed outside of normal business hours must be received by 2:00 p.m. of the preceding business day. Sampling services requested to be performed outside of normal office hours, including holidays, will be charged overtime.

(c) Regular Hourly Rate: The regular hourly rate for travel time and stand-by fee is $50 per hour per individual assessed in half-hour intervals with a minimum of two hours charged.

(d) Overtime and Holiday Hourly Rate: Overtime and holiday hourly rate is $75 per hour per individual assessed in half-hour intervals. A minimum four-hour charge will be assessed except when before or for a continuation of a regular work day, then actual overtime hours will be charged.

(e) Holidays: Holidays are as adopted in 1-1-216, MCA. (e.g., New Year's Day, Martin Luther King Jr. Day, President's Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and State Election Day.)

(f) Mileage and Travel Fees: Mileage, travel time, and travel expenses are as follows:

(i) Mileage Fee: Mileage charges shall be assessed per 2-18-501, MCA for State employees which is equal to the United State Internal Revenue Service (IRS) mileage allotment. Any change to the mileage rate is effective when the IRS changes their standard mileage rate. The mileage charges will be prorated where possible.

(ii) Hourly and Overtime Rate: For each trip requested, the applicant will be charged at the regular hourly rate, except when work is conducted while in overtime status or on holidays. Work conducted while in overtime status or on holidays will be charged at the overtime rate, prorated where possible.

(iii) Travel Expenses: Travel expenses (as defined by Montana Operations Manual Travel Policy with Rates) including but not limited to per diem, lodging, and mileage will be assessed to the applicant in addition to other fees and charges.

(iv) Staffing: Montana State Grain Laboratory will determine the number of personnel to properly provide the service requested. To assure personal safety, Montana State Grain Lab may suspend sampling services due to inclement weather conditions as well as sampling rail cars at night with insufficient lighting, or other potentially hazardous conditions.

(v) Observation: In order to provide official services, Montana State Grain Lab must be physically able to observe elevator personnel sampling and/or sealing a railcar.

(3) Miscellaneous Fees:

(a) In case of a data entry or typographical error, a corrected certificate will be issued without a fee.

(b) Postage: Actual postage or delivery service charges will be added to sampling and other fees.

(c) Special Requests: Requests for services not covered by this rule will be performed at the applicable hourly rate stated herein plus mileage and travel time if applicable.

(4) Sanitation Inspection: A base fee of $100 will be charged per inspection in addition to the applicable hourly rate stated herein plus mileage and travel charges.

(5) Diverter Inspection: A base fee of $100 will be charged per inspection in addition to the applicable hourly rate stated herein plus mileage and travel charges.

(a) Base fee is $500 for certification of new diverters.

(6) Payment of Fees and Charges: All department fees and charges for services rendered are due within thirty days of the statement date. Finance charges of $25 per month shall accrue on any balance owed after thirty days of the statement date. If the department does not receive payment within thirty days, services may be withheld until the delinquent account is paid; or cash payment for the subsequent services may be required.

(7) Retests/Reinspections based on a File Sample and/or New Sample: will cost the same as the original test/inspection.

(8) Export Documentation Request: Processing and handling fee for sample preparation and export documentation………………………………$7.50 per request

(9) FGIS Administrative Tonnage Fees: In addition to all other applicable fees, FGIS administrative tonnage fees for export grain shipments inspected and/or weighed, excluding land carrier shipments to Canada and Mexico, will be assessed at the current per metric ton rate identified by FGIS Directive 9180.74 Service Fees and Billing Codes, Attachment 1. Invoices will identify assessed administrative tonnage fees as separate line items per applicable carrier/unit type.

(10) FGIS Supervision Fees: In addition to all other applicable fees, FGIS supervision fees for domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico, will be assessed at the current per metric ton rate identified by FGIS Directive 9180.74 Service Fees and Billing Codes, Attachment 2. Invoices will identify assessed supervision fees as separate line items per applicable carrier/unit type.

(11) United States Grain Standards Act (USGSA) Fees for official services under the United States Grain Standards Act (USGSA) as amended.

(a) Effective Date: The effective date of this rule is July 1, 2022.

(b) General Provisions: General provisions applying to all sections of this rule are as follows:

(c) Official Lot Inspection: Official lot inspection sampling with grade, on bulk, boxcar, hopper car, or truck/trailer, per request, sampling and grade only:

(i) Level One: Level one official sampling service when the State Grain Laboratory furnishes the sampling crew………………………………….$25.00 per unit

(ii) Level Two: Level two official sampling service when the State Grain Laboratory furnishes a licensed sampler to write identification tickets, supervise elevator employees while sampling and seal samples for delivery to the State Grain Laboratory……………………………………………………………………$18.00 per unit

(iii) Sampling Only: Sampling only (does not include grade) on bulk, boxcar, hopper car or truck/trailer, per request, (all grains)……………………..$15.00 per unit

(A) Additional Probes (in addition to original sampling charges)……………………………………………………………………$15.00 per unit

(iv) Stowage Examination: Stowage examination………............$8.00 per unit

(v) Sealing Railcars: (Metal Seals) DT or Probe Railcars per Seal, Additional Labor and hourly charges may apply……………………………………...$2.50 per seal

Supervise Elevator Personnel applying seals (recording seals on certificate)……………………………………………………………………..$4.00 per unit

(vi) The Montana State Grain Laboratory is not responsible for the seals after Montana State Grain Laboratory personnel leave the applicant's property. It is the applicant's responsibility to confirm that all seals have been applied by Montana State Grain Laboratory personnel to their satisfaction. In excess of one hour, the hourly rate applies.

(d) Submitted Sample Inspection: inspection includes DKT (damaged kernels total) identified, FM (foreign material) identified, SHBN (shrunken and broken kernels), and DEF (total defects).

(i) Submitted Canola Samples ……………………………….$16.00 per sample

(ii) Submitted Spring Wheat (includes DHV testing)……….$13.00 per sample

(iii) Submitted (other USGSA sample) ………………………$10.00 per sample

(e) Laboratory Analyses Fee:

(i) Protein Test: Near Infrared Transmittance (NIRT) on wheat, barley, and corn…….………………………………………………………………….$7.50 per sample

(ii) Single Factor Determination: Factor only determination ………….…$7.00

(iii) Additional: Additional statements, factors, or results as requested by the applicant including the absence of particular allergens in visible form ……$5.00 each

(iv) Malting Barley Analysis: Malting barley analysis includes actual percent of plump barley, skinned and broken kernels, and thin barley, per request ……………………………………………………………………………..$5.00 per sample

(v) Mycotoxin: per quantitative analysis test...……………………….$50.00 per sample

(vi) Composite Sample Preparation (per sample, in composite)………………………………………………………………...$1.25 per sample

(vii) Composite Sample Preparation (per sample, if requested after grade)……………………………………………………………………...$2.75 per sample

(viii) Return shipping and handling post grading (not to exceed $30/month)………………………………………………………………..$3.00 per sample

(f) Official Commercial Services performed under the USGSA:

(i) Official commercial inspection services and fees may be negotiated on a case-by-case basis.

(12) Pulse and Processed Commodity Fee Schedule under the Agricultural Marketing Act (AMA):

(a) Effective Date: The effective date of this rule is July 1, 2022.

(b) General Provisions: General provisions applying to all sections of this rule are as follows, including hourly rate, overtime and holiday rates.

(d) Sampling Fees: Sampling fees for grade or phytosanitary certification:

(i) Bulk Samples: Bulk samples from boxcars, hopper cars, truck/trailers………………………………………………………………….$15.00 per unit

(A) Additional probes (in addition to original sampling charges)................................................................................................$15.00 per unit

(ii) Sealing: Metal Seals

DT or Probe per Seal; Additional Labor and hourly charges may apply…………………………………………………………………………..$2.50 per seal

Supervise elevator personnel applying seals (recording seals on certificate)……………………………………………………………………..$4.00 per unit

The Montana State Grain Laboratory is not responsible for the seals after Montana State Grain Laboratory personnel leave the applicant's property. It is the applicant's responsibility to confirm that all seals have been applied by Montana State Grain Laboratory personnel to their satisfaction.

(iii) Bagged Lots: bagged lots or totes………………………………Hourly Rate

(e) Inspection Fee:

(i) Grade Only: grade only per lot or submitted sample: field run………………………………………………………………………..$24.00 per sample

(ii) Grade Only: grade only per lot or submitted sample: other than field run...................................................................................................$20.00 per sample

(iii) Single Factor Determination: one factor only determination…….......$7.00

(iv) Additional: additional statements, factors, or results as requested by the applicant…………………………………………………………………….$5.00 per factor

(f) Composite Sample Preparation (per sample in composite)………………………………………………………………...$1.25 per sample

(i) Composite Sample Preparation (per sample, if requested after grade)………………………………………………………………..…….$2.75 per sample

(ii) Seed Count per Ounce……………………………………….$5.00 per ounce

(iii) Return shipping and handling post grading (not to exceed $30/month)………………………………………………………………..$3.00 per sample

(g) Laboratory Analysis Fee:

(i) Falling Number Determinations: falling number determination for wheat…………………………………………………………………….$18.00 per sample

(13) Fees for laboratory services not performed under the USGSA or AMA: Commodities inspected under Montana Standards

(a) General Provisions: general provisions applying to all sections of this rule are as follows:

(b) Lot Inspection: Lot inspection sampling with grade for bulk, boxcar, hopper car or truck-trailer, per request, sampling and grade only:

(i) Level One: Sampling service fee when the Montana State Grain Laboratory furnishes the sampling crew……………………………..$25.00 per sample

(ii) Level Two: Sampling service fee when the Montana State Grain Laboratory furnishes a licensed sampler to write identification tickets, supervise elevator employees while sampling, and seal samples for delivery to the Montana State Grain Laboratory…………………………………………………$18.00 per sample

(iii) Lot reinspection based on file sample……………all regular fees assessed

(iv) Sampling Only: sampling only (does not include grade)—bulk, boxcar, hopper car or truck/trailer, per request (all grains)………………….$15.00 per sample

(A) Additional Probes (in addition to original sampling charges)……………………………………………………………………...$15.00 per unit

(B) Sealing: Metal Seals:

DT or Prober per Seal; Additional Labor and Hourly Charges may apply……………………………………………………………………….$2.50 per sample

Supervise Elevator Personnel applying seals (recording seals on certificate)……………………………………………………………………..$4.00 per unit

The Montana State Grain Laboratory is not responsible for the seals after the Montana State Grain Laboratory personnel leave the applicant's property. It is the applicant's responsibility to confirm that all seals have been applied by Montana State Grain Laboratory personnel to their satisfaction.

(v) Stowage Examination: Stowage examination………………..$8.00 per unit

(vi) After First Hour…………………………………………….Hourly rate applies

(c) Submitted Sample Inspection: Submitted sample inspection includes DKT (damaged kernels total) identified, FM (foreign matter) identified, SHBN (shrunken and broken kernels), and DEF (total defects).

(i) Submitted Sample: Submitted Montana specialty crop grades (unless specifically listed) per sample…………………………………………$10.00 per sample

(ii) Non Official Single Factor Determination.…………….........$7.00 per factor

(iii) Additional: Additional statements, factors, or results as requested……………………………………………………………………$5.00 per factor

(d) Submitted Buckwheat Grades:

(i) Processed Buckwheat Sample……………………………$14.00 per sample

(ii) Field Run Buckwheat Sample…………………………….$15.00 per sample

(e) Hulless or Hulless Waxy Barley:

(i) Submitted hulless or hulless waxy barley………………..$14.00 per sample

(f) Laboratory Analysis Fee:

(i) Protein Test: non-official NIRT (e.g., Khorasan)…………$7.50 per sample

(ii) Malting Barley Germination: Malting barley: germination 72-hour blotter……………………………………………………………$10.00 per determination

(iii) Non-Official Falling Number: Falling number determination on commodities other than wheat (e.g. Khorasan)…………….$18.00 per determination

(iv) Mycotoxin: per quantitative analysis test $50.00 per sample

(v) Composite Sample Preparation (per sample in composite)……………………………………………………………….$1.25 per sample

(vi) Composite Sample Preparation (per sample, if requested after grade)…………………………………………………………………….$2.75 per sample

(vii) Return shipping and handling post grading (not to exceed $30/month)………………………………………………………………$3.00 per sample

History

Authorizing statute(s): 80-4-403, 80-4-721, MCA
Implementing statute(s): 80-4-721, MCA
History: NEW, 2018 MAR p. 629, Eff. 3/31/18; AMD, 2022 MAR p. 797, Eff. 7/1/22.

Mont. Admin. R. 4.13.1002 Grain Standards

(1) The Montana Department of Agriculture hereby adopts the United States Department of Agriculture's grain standards as reflected in the United States Grain Standards Act, as amended and the rules thereunder, found in Title 7, chapter 1, part 26 of the Code of Federal Regulations as well as the official United States Standards for Grain as of July 1, 1986.

(2) Copies of these regulations may be obtained by contacting the Montana Department of Agriculture, Agricultural Development Division, P.O. Box 200201, Helena, Montana 59620.

History

Authorizing statute(s): 80-4-704, 80-4-705, MCA
Implementing statute(s): 80-4-704, 80-4-705, MCA
History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 1986 MAR p. 1178, Eff. 7/18/86; TRANS, 1991 MAR p. 1549, Eff. 8/30/91; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.13.1003 Standards for Grading Hulless Barley

(1) Hulless barley submitted to the state grain laboratory will be graded according to the procedures and standards set out in the Montana Grain Inspection Handbook, book 1, chapter 1, hulless barley.

(2) Chapter 1 of the handbook generally describes the standards and process which will be used to grade hulless barley considering such factors as odor, moisture, dockage, and other factors affecting grade.

(3) Chapter 1 of the handbook may be viewed at, and a copy obtained from the State Grain Laboratory, P.O. Box 1397, 821 17th Street North, Great Falls, MT 59403-1397.

History

Authorizing statute(s): 80-4-704, MCA
Implementing statute(s): 80-4-704, 80-4-705, MCA
History: NEW, 1991 MAR p. 812, Eff. 5/31/91; TRANS, 1991 MAR p. 1549, Eff. 8/30/91.

Mont. Admin. R. 4.13.1005 Malting Barley Germination

(1) The state grain laboratory will use either the 48 hour hydrogen peroxide or the Aubry blotter method for purposes of determining malting barley germination.

(2) The procedure for both methods are stated, and hereby incorporated by reference, in the report of the subcommittee on methods of barley analysis, "American Society of Brewing Chemists" Proc. 1946, p. 92, Journal 35: 114 (1977). This report may be reviewed at the State Grain Laboratory, P.O. Box 1397, 821 17th Street North, Great Falls, MT 59403-1397.

History

Authorizing statute(s): 80-4-709, MCA
Implementing statute(s): 80-4-704, 80-4-709, 80-4-711, MCA
History: NEW, 1991 MAR p. 1549, Eff. 8/30/91; AMD, 1998 MAR p. 346, Eff. 1/30/98; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.13.1006 Chit

(1) The State Grain Laboratory will make an analysis upon request for a determination of the presence and amount of chit. For this purpose, chit is defined as the swelling of the germ end tip of the kernel; this includes the enlargement of the embryo but not any acrospire growth up the kernel or rootlet development.

(2) The procedure for analysis will be to analyze approximately 15 grams visually or by peeling the hull of the kernel if necessary, using the above definition, is hereby incorporated by reference, Montana interpretive slides B1 and B2. These slides may be viewed at the State Grain Laboratory, P.O. Box 1397, 821 17th Street North, Great Falls, MT 59403-1397.

History

Authorizing statute(s): 80-4-709, MCA
Implementing statute(s): 80-4-704, 80-4-709, 80-4-711, MCA
History: NEW, 1991 MAR p. 1549, Eff. 8/30/91; AMD, 1998 MAR p. 346, Eff. 1/30/98; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.13.1007 Starch Strength

(1) The laboratory will use what is known as the falling number method for measuring starch strength for wheat flour.

(2) The procedure used, and which is hereby incorporated by reference, is that stated under the "U.S. Agricultural Marketing Act", program directive 918.38, adopted January 11, 1989. A copy of such directive may be viewed at the State Grain Laboratory, P.O. Box 1397, 821 17th Street North, Great Falls, MT 59403-1397.

History

Authorizing statute(s): 80-4-709, MCA
Implementing statute(s): 80-4-704, 80-4-709, 80-4-711, MCA
History: NEW, 1991 MAR p. 1549, Eff. 8/30/91; AMD, 1998 MAR p. 346, Eff. 1/30/98; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.13.1008 Standards for Grading Cultivated Buckwheat

(1) Cultivated buckwheat submitted to the state grain laboratory will be graded according to the procedures and standards set out in the Montana Grain Inspection Handbook, book 1, chapter 2, cultivated buckwheat.

(2) Chapter 2 of the handbook generally describes the standards and process which will be used to grade cultivated buckwheat considering such factors as odor, moisture, dockage, and other factors affecting grade.

(3) Chapter 2 of the handbook may be viewed at, and a copy obtained from the State Grain Laboratory, P.O. Box 1397, 821 17th Street North, Great Falls, MT 59403-1397, phone (406) 452-9561.

History

Authorizing statute(s): 80-4-704, MCA
Implementing statute(s): 80-4-704, 80-4-705, MCA
History: NEW, 1991 MAR p. 1830, Eff. 9/27/91.

Mont. Admin. R. 4.13.1009 Standards for Grading Mustard Seed

(1) Mustard seed submitted to the Montana state grain laboratory will be graded according to the procedures and standards set out in the Montana Grain Inspection Handbook, book 1, chapter 3, mustard seed.

(2) Chapter 3 of the handbook generally describes the standards and process which will be used to grade mustard seed considering such factors as odor, moisture, dockage, and other factors affecting grade.

(3) Chapter 3 of the handbook may be viewed at, and a copy obtained from the Montana State Grain Laboratory, P.O. Box 1397, 821 17th Street North, Great Falls, MT 59403-1397, phone (406) 452-9561.

History

Authorizing statute(s): 80-4-704, MCA
Implementing statute(s): 80-4-704, 80-4-705, MCA
History: NEW, 1997 MAR p. 1916, Eff. 10/21/97.

Chapter 4.14 Montana Agricultural Loan Authority

Subchapter 4.14.3 Substantive Rules

Mont. Admin. R. 4.14.301 Definitions

When used in these rules, unless the context clearly requires a different meaning:

(1) The "Act" means the Montana Agricultural Loan Authority Act, created by S.B. 316, (1983) , and codified in Title 80, chapter 12, MCA.

(2) "Agricultural improvements" means any improvements, buildings, structure or fixtures suitable for use in farming/ranching which are located on agricultural land and may include an existing dwelling for residence.

(3) "Agricultural land", as defined in 80-12-102, MCA, means land actively devoted to agricultural use as defined in 15-7-202, MCA.

(4) "Application" means a completed instrument on a form approved by the authority. Each application must include the following: beginning farmer/rancher name, address, financial data, description of anticipated use of loan proceeds, amount of loan, cost or purchase price of the item financed (including the interest rate and collateral or other security required) , statement of beginning farmer's/rancher's net worth determined in accordance with authority rules, a summary of proposed loan terms and certain certifications of the beginning farmer/rancher and financial institution.

(5) The "authority" means the department of agriculture provided for in 2-15-3001, MCA.

(6) "Beginning farmer/rancher" means an individual who meets all qualifications required under 80-12-203(1) and (2) , MCA.

(7) The "department" means the Montana department of agriculture.

(8) "Depreciable agricultural property" means personal property suitable for use in farming/ranching for which an income tax deduction for depreciation is allowable in computing federal income tax and which is located on agricultural land.

(9) "Farming/ranching" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock or the production of timber, or sod or other agricultural enterprises on agricultural land. Farming/ranching shall not include spraying, harvesting, or providing other farm/ranch services on contract.

(10) "Financial institution or bond purchaser" means any bank, bank holding company, trust company, mortgage company, national banking association, savings and loan association, credit union, life insurance company, any state or federal government agency or instrumentality, any other entity authorized to make mortgage loans or secured loans in this state or any person that obtains an authority bond under the program in connection with a contract sale or loan to a beginning farmer/rancher.

(11) "Loan agreement" means a loan agreement, financing agreement, installment purchase agreement or any other agreement entered into by the authority with the beginning farmer/rancher or financial institution in connection with the issuance of the authority's bond under this program.

(12) "Net worth" means total assets minus total liabilities as determined by the financial institution, in accordance with rules of the authority and generally accepted accounting procedures.

(13) "Total assets" means assets including, but not limited to the following: cash and deposits in financial institutions etc.; cash crops or feed on hand; livestock held for sale; breeding stock; marketable bonds and securities; securities (not readily marketable) ; accounts receivable; notes receivable; cash invested in growing crops; net cash value of life insurance; machinery and equipment, cars and trucks; farm and other real estate including life estates, personal residence and summer homes; value of beneficial interest in a trust, government payments or grants; any other assets.

(a) Total assets shall not include items used for personal, family or household purposes by the applicant, but in no event shall such property be excluded to the extent a deduction for depreciation is allowable for federal income tax purposes. All assets shall be valued at fair market value by the financial institution. Such value shall be what a willing buyer would pay a willing seller in the locality. A deduction of 10% may be made from fair market value of farm and other real estate.

(14) "Total liabilities" means liabilities including, but not limited to the following: accounts payable; notes or other indebtedness owed to any source; taxes; rent; leases; amount owed on real estate contracts or real estate mortgages; judgements; accrued interest payable; and other liabilities. Contingent liabilities cannot be included in the computation of total liabilities, but all such contingent liabilities shall be disclosed.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-102, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2002 MAR p. 71, Eff. 9/7/01.

Mont. Admin. R. 4.14.302 Loan Powers and Eligible Loan Activities

(1) Title 80, chapter 12, MCA, authorizes the authority to provide loans for a variety of purposes.

(2) Eligible loan activities consist of financing purchases of depreciable agricultural property, agricultural improvements, and agricultural land.

(a) The authority will finance purchase of personal property suitable for use in farming/ranching for which an income tax deduction for depreciation is allowable in computing federal income taxes and which is located on agricultural land. Examples are: livestock used for breeding purposes, farm/ranch machinery, trucks, etc. Feeder cattle, pigs or lambs do not qualify as depreciable property.

(b) The authority will finance the purchase of improvements, buildings, structures or fixtures located on agricultural land which are suitable for use in farming/ranching. Examples are: confinement systems for swine, cattle, or poultry, barns and other out buildings, grain storage facilities, silos, tilling and soil conservation practices such as terraces, farm ponds, erosion control structures, waterways, etc.

(c) The authority will finance the purchase of land in Montana suitable for farming/ranching and which is or will be operated for farming/ranching purposes by an individual beginning farmer/rancher who will be the principal user of such land and who will materially and substantially participate in the operation and management of the farm/ranch. Purchase of land for speculative purposes is ineligible for loan under this program. The purchase of land that is entirely enrolled in conservation reserve program (CRP) is not permitted.Depending on whether a portion of the loan is used to finance a house (not to exceed 5%) , 20 to 25% of the loan proceeds may be used to purchase CRP acres.

(d) Loan application for the exclusive purpose of acquiring a personal residence is not eligible for a loan under this program.

(3) All funds provided by the authority from the sale of bonds will be administered under the terms and conditions of applicable state and federal law, appropriate state and federal rules and regulations including those of the authority and any agreements and contracts deemed necessary by the authority.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-201, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 1984 MAR p. 1752, Eff. 11/30/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.305 Applicant Eligibility

(1) Basic program applicant eligibility requirements are:

(a) The beginning farmer/rancher must be a minimum of 18 years of age;

(b) The beginning farmer/rancher must be a resident of Montana at the time the loan is closed;

(c) The beginning farmer/rancher must have documented, to the satisfaction of the financial institution and the authority, sufficient education, training and experience for the anticipated farming/ranching operations for which the loan is sought; and

(d) The beginning farmer/rancher must, as a condition of loan closing, demonstrate to the satisfaction of the financial institution and the authority, access to the following as may be needed: adequate working capital, farm/ranch machinery, livestock and agricultural land.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-203, 80-12-204, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 1984 MAR p. 1752, Eff. 11/30/84; AMD, 1985 MAR p. 1016, Eff. 7/26/85; AMD, 2001 MAR p. 1723, Eff. 9/7/01; AMD, 2008 MAR p. 2265, Eff. 10/24/08.

Mont. Admin. R. 4.14.306 Application Procedures

(1) The authority will make its loan proceeds available through financial institutions. Financial institutions interested in the program must complete and sign the Agricultural Loan Bond Program Application and return it to the authority office in Helena. The following should be noted:

(a) Application and other forms will be provided by the authority to financial institutions as necessary. Financial institutions may use their own financial statement and other forms deemed necessary to document the eligibility of the beginning farmer's/rancher's ability to repay principal and interest payments; and

(b) There is no formal or defined application period. The loan program is ongoing, therefore, a beginning farmer/rancher may apply at any time.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.307 Loans to Beginning Farmers/Ranchers and Security Arrangements

(1) Loans to beginning farmers/ranchers involve the financial institution, beginning farmer/rancher, and the authority. The program involves either the sale of the individual industrial development bonds, to individual financial institutions or a public bond sale to provide funds for an aggregation of loans.

(2) The authority will make the loan to the eligible beginning farmer/rancher and the financial institution will purchase the bond as an investment or the loan will be made from a portion of an aggregate bond sale. To facilitate the servicing of the loan the financial institution and the authority will enter into an agency relationship whereby the financial institution agrees to act as agent and fiduciary for the authority for all purposes in connection with servicing the loan.

(3) The financial institution will make its own security evaluation of the loan and the beginning farmer's/rancher's ability to repay principal and interest payments. The interest rate and other conditions of the loan are set by the financial institution. The interest rate may be either variable or fixed for the term of the loan as long as the method for determining the rate is contained in the loan agreement and the rate is reasonable as determined by the authority.

(4) In no case may the loan repayment period (term) exceed 30 years. The principal and interest shall be limited obligations, payable solely out of the revenue derived from the debt obligation, collateral, or other security furnished by or on the behalf of the beginning farmer/rancher (a co-signer on the note is permissible) .

(5) The bond which is issued by the authority is a non-recourse obligation. The principal and interest on the bond do not constitute an indebtedness of the authority or a charge against its general credit or general fund. It should also be noted that any recording or filing fees associated with the loan will be paid by the beginning farmer/rancher or financial institution not the authority.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-201, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.308 Use of Financial and Security Documents

(1) The financial institution should use its own forms of financial statements and security documents which it may feel necessary and appropriate under particular loan circumstances. These items should be referenced in an exhibit to the bond or loan agreement and their provisions incorporated therein. Any additional requirements not specifically provided for in the bond or loan agreement, such as insurance coverage and amounts, should be added by means of an exhibit to the bond or loan agreement and their provisions incorporated therein.

(2) Any security documents or guarantees required to be delivered in connection with a loan should clearly state that they are given as additional security for the indebtedness evidenced by the promissory note, the loan agreement, the authority's bond and to further secure the agreements, covenants and obligations of the beginning farmer/rancher contained therein. The security documents and any guarantees should run directly between the beginning farmer/rancher and the financial institution. The financial institution may also wish to add a "cross-default" provision to these documents, making an event of default under the security documents or guarantee and vice versa.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103 and 80-12-201, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.309 Repayment of Loans

(1) The beginning farmer's/rancher's repayment obligations, under the loan agreement and promissory note, are subject to mandatory prepayment in certain events which are set forth in the loan agreement.

(2) The beginning farmer/rancher repayment obligations under the loan agreement and promissory note are subject to optional prepayment under terms and conditions to be agreed upon between the beginning farmer/rancher and the financial institution. The documents and the structure of the financing require any installment payment made under the loan agreement and promissory note to be applied against a like installment payable under the bond and the financial institution agrees that any such prepayments will be so applied to the payment of the bond.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.310 Assignment of Bonds

(1) Financial institutions may assign a bond in whole or in part to another financial institution. Servicing of the loan may also be assigned, but must at all times be with a financial institution. The authority must be notified in writing prior to assignment of servicing of the loan.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.311 Fees and Terms of Loan

(1) If a beginning farmer/rancher meets the loan eligibility requirements as set forth in Title 80, chapter 12, MCA, rules of the authority and IRS rules and regulations, the decision whether to enter into the loan agreement is between the beginning farmer/rancher and the financial institution. They must agree on terms of the loan such as interest rates, length of loan, down payment, service fees, organization charges and repayment schedule, which may not be any more onerous than that charged to similar customers for similar loans, and take into account the tax-exempt nature of interest on the loan.

(2) In addition, the authority will receive a non-refundable $50 application fee (submitted by the beginning farmer/rancher with the application) and a program participation or loan fee not to exceed 1 1/2% of the amount of the loan, however, this fee shall not be less than $500. The participation fee may be financed with the loan. The financial institution shall collect the participation fee and remit to the authority at the time of loan closing.

(3) The authority bond counsel will review each bond for legality and tax exemption. The authority will pay its bond counsel and other administrative costs from the fees collected from the beginning farmer/rancher.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103 and 80-12-201, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.312 Financial Institutions

(1) Any bank, bank holding company, trust company, mortgage company, national banking association, savings and loan association, credit union, life insurance company, any state or federal governmental agency or instrumentality, any entity authorized to make mortgage loans or secured loans in this or any other person that obtains an authority bond under the program in connection with a contract sale or loan to a beginning farmer/rancher is authorized to participate in the program.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.313 Procedures Following Bond Issuance

(1) No bond proceeds may be used for a non-qualified purpose or by a non-qualified user. The financial institution and beginning farmer/rancher shall certify to the authority that the proceeds were used or are to be used by a qualified beginning farmer/rancher for a qualified purpose.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-302, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.314 Assumption of Loans, Substitution of Collateral and Transfer of Property

(1) Loans may not be assumed without the prior approval of the authority and then only if the person assuming the loan is an eligible beginning

farmer/rancher. Equipment and other depreciable property may be exchanged or traded in on similar property, substituted as collateral at the discretion of the financial institution without the prior approval of the authority . The benefits of the loan made at the tax-free rate from the proceeds of an authority bond must remain with the qualified beginning farmer/rancher, and no person to whom the property is traded or otherwise transferred may obtain the benefits of the authority loan.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103 and 80-12-201, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.315 Public Hearing

(1) The authority will conduct public hearings in conjunction with its regularly scheduled authority meetings to consider the issuance of bonds. However, in an emergency, some deviation might be made from this procedure. It should be noted that a hearing need not be held before an authority application is approved, but must be held before the bond documents are approved.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Mont. Admin. R. 4.14.316 Right to Audit

(1) The authority shall have, at any time, the right to audit records of the financial institution and the beginning farmer/rancher relating to a loan and bond to insure that the provisions of the Act are followed.

History

Authorizing statute(s): 80-12-103, MCA
Implementing statute(s): 80-12-103, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Subchapter 4.14.6 Tax Deduction

Mont. Admin. R. 4.14.601 Tax Deduction

(1) The authority will follow rules of the Montana department of revenue implementing the tax deduction provided in 80-12-211 , MCA, for the sale of qualifying land on a long term contract to a beginning farmer/rancher. The repayment period (term) of the long term contract must extend for a period of 10 years or more. In addition, the dollar amount of the long term contract must be 51% or more of the total purchase price of the land. The transaction must be approved by the authority. The appropriate application for tax deduction must be received by the authority within one year of closing on the respective sale and contract transaction. Applications for sale transactions closed prior to the April 18, 1985 effective date of the law are not eligible for the tax deduction.

(2) Basic authority eligibility requirements for a beginning farmer/rancher are:

(a) The beginning farmer/rancher may not have a net worth in excess of $250,000;

(b) The beginning farmer/rancher must be a minimum of 18 years of age;

(d) The beginning farmer/rancher must have documented, to the satisfaction of the authority , sufficient education, training and experience for the anticipated farming/ranching operations; and

(e) The authority may require certain documents to determine eligibility.

(3) The authority may conduct additional inquiries or investigations as necessary to determine the accuracy and completeness of an application.

(4) The beginning farmer/rancher need not be a recipient of an authority loan.

(5) A non-refundable $25 application fee will be charged by the authority and must accompany the appropriate application form (obtainable from the authority) to cover administrative costs.

History

Authorizing statute(s): Sec. 80-12-103, MCA
Implementing statute(s): 80-12-211, MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84; AMD, 1984 MAR p. 1752, Eff. 11/30/84; AMD, 1985 MAR p. 1016, Eff. 7/26/85; AMD, 2001 MAR p. 1723, Eff. 9/7/01.

Subchapter 4.14.8 Disclaimer

Mont. Admin. R. 4.14.801 Disclaimer

(1) The authority has occasionally included in its rules language with instruction/requirements imposed by statutes, rules, and agreements over which it exercises no authority. While the language is included for informational purposes, this rule disclaims any responsibility for inaccurate, incomplete or outdated provisions. The user is directed to contact the proper authority for information and requirements (Internal Revenue Service, Montana Department of Revenue or individual lenders) as may be necessary.

History

Authorizing statute(s): 80-12-103 MCA
Implementing statute(s): 80-12-103 MCA
History: NEW, 1984 MAR p. 363, Eff. 3/1/84.

Chapter 4.16 Montana Agriculture Development Council

Subchapter 4.16.1 Procedural Rules and Citizen Participation Rules

Mont. Admin. R. 4.16.101 Organizational Rule

(1) The Montana Agriculture Development Council ("council") was created in 1987 and transferred to the Department of Agriculture by 2-15-3015, MCA.

(2) The council consists of seven members appointed by the governor, including the director of the Department of Agriculture, the director of the Department of Commerce, and five members who are or have been actively engaged in agriculture.

(3) The council is allocated to the Department of Agriculture for administrative purposes only as prescribed in section 2-15-121, MCA.

(4) The department provides staff for the council to administer council activities.

History

Authorizing statute(s): 2-4-201, 90-9-202, MCA
Implementing statute(s): 2-4-201, 90-9-202, MCA
History: NEW, 1988 MAR p. 2481, Eff. 11/24/88; TRANS, from Dept. of Commerce, 1989 MAR p. 1190, Eff. 2/4/89; AMD, 2024 MAR p. 128, Eff. 1/27/24.

Mont. Admin. R. 4.16.102 Procedural Rules

(1) The Council adopts and incorporates by reference the Attorney General's Organizational and Procedural Rules ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233, effective August 15, 2008; and the Secretary of State's Organizational and Procedural Rules ARM 1.3.101, 1.3.102, 1.3.301, 1.3.302, 1.3.304, 1.3.305, 1.3.307 through 1.3.309, 1.3.311 through 1.3.313, effective August 1, 2008. A copy of these rules may be obtained from the staff of the Montana Agriculture Development Council, Montana Department of Agriculture, 303 N. Roberts, PO Box 200201, Helena, MT 59620-0201. Hearings on applications shall not be considered contested cases.

History

Authorizing statute(s): 2-4-201, 90-9-202, MCA
Implementing statute(s): 2-15-121, 90-9-202, MCA
History: NEW, 1988 MAR p. 2481, Eff. 11/24/88; TRANS, from Dept. of Commerce, 1989 MAR p. 1190, Eff. 2/4/89; AMD, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.103 Citizen Participation Rules

(1) The Council adopts and incorporates by reference the citizen participation rules of the Department of Agriculture as set forth in ARM 4.2.201 through 4.2.204. A copy of these rules may be obtained from the staff of the Montana Agriculture Development Council, Montana Department of Agriculture, 303 N Roberts, PO Box 200201, Helena, Montana 59620-0201.

History

Authorizing statute(s): 2-4-201, 90-9-202, MCA
Implementing statute(s): 2-4-201, 90-9-202, MCA
History: NEW, 1988 MAR p. 2481, Eff. 11/24/88; TRANS, from Dept. of Commerce, 1989 MAR p. 1190, Eff. 8/18/89; AMD, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.104 Council Review Process Prior to Loan or Grant

(1) Prior to making an initial loan or grant determination, the council must:

(a) direct the department to ensure applications are completed as required by ARM 4.16.503 or ARM 4.23.103;

(b) review all complete applications and the accompanying materials required by ARM 4.16.503 or ARM 4.23.103;

(d) consider information provided by the applicant to the council at a meeting designated for such purpose;

(e) determine whether grant applicants meet the requirements of 90-9-310 and 90-9-504, MCA; and

(f) rank the projects according to the information reviewed.

(2) After the council has reviewed and ranked the projects, it will make funding decisions based on eligibility, funds availability, and project rankings.

(3) The council may provide preference to projects within targeted areas.

History

Authorizing statute(s): 90-9-202, 90-9-203, 90-9-501, MCA
Implementing statute(s): 90-9-102, 90-9-202, MCA
History: NEW, 2016 MAR p. 1690, Eff. 7/23/16; AMD, 2020 MAR p. 570, Eff. 3/28/20.

Subchapter 4.16.2 Procedural Rules

Mont. Admin. R. 4.16.201 Definitions

(1) In addition to the definitions set forth in 90-9-103, MCA, the following definitions apply for purposes of these rules:

(a) "Act" means the provisions of Title 90, chapter 9, MCA.

(b) "Marketing" means those efforts undertaken to expand the salability of the products of Montana agricultural businesses through the development of new products, processes and technologies; the improvement or modification of existing products, processes and technologies; and the development of new opportunities for selling and distributing Montana agricultural products.

(2) "Matching Funds" means both cash or in-kind match. In-kind match is calculated at the actual market price of the services rendered but no more than 25 dollars an hour. All in-kind match(es) must be project specific as opposed to the normal operation of an ongoing business. The credit for in-kind match is limited to ten percent of the total match proposed.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 1988 MAR p. 2481, Eff. 11/24/88; TRANS, from Dept. of Commerce, 1989 MAR p. 1190, Eff. 8/18/89; AMD, 2010 MAR p. 216, Eff. 1/29/10; AMD, 2016 MAR p. 1254, Eff. 7/23/16.

Subchapter 4.16.5 Loan Programs

Mont. Admin. R. 4.16.503 Application for Grants and Loans

(1) In order to apply for a grant or loan, an applicant must:

(a) Complete the application form. If seeking a grant, complete the grant eligibility portion of the application.

(b) Provide a credit report for all parties seeking the loan or grant. If a credit report is not available, an exception to this requirement must be sought.

(c) Provide a current cash flow statement and projected cash flow statements for the business for the next three years at a minimum. Any assumptions used to create this cash flow statement must be included.

(d) Provide a current and projected balance sheet for the business. Any assumptions used to create this balance sheet statement must be included.

(e) Have on file with the Secretary of State all paperwork (if any) required to do business in Montana under the name seeking the grant or loan.

(2) Applicants are encouraged to have a professional business plan.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.504 Targeted Areas

(1) The Council can declare up to two kinds or areas of projects to be targeted areas. These areas must be reviewed at least annually and announced at least 60 days before they become effective.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.505 High Interest Rate

(1) The high interest rate will be reviewed and set by the Council at least annually.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.506 Low Interest Rate

(1) The low interest rate will be reviewed and set by the Council at least annually.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.507 Low Interest Eligibility

(1) The Council may allow the low interest rate for projects that fall within a targeted area.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.508 Reconsideration of Applications

(1) The Council may meet to reconsider all projects that have not received funding or not received the maximum requested funding if funds permit within the last 120 days of the fiscal year.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.509 Application Limit

(1) A rejected or partially funded proposal cannot come before the Council a second time within 12 months of its last presentation unless the Council votes to allow it to do so. The Department will screen applications to decide if a proposal is duplicative.

(2) A company may not receive more than $100,000 in grant funding in any 18-month period.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10; AMD, 2016 MAR p. 1254, Eff. 7/23/16.

Mont. Admin. R. 4.16.510 Reimbursement

(1) Only costs incurred within 12 months prior to the approval of the loan or grant can be reimbursed and only if specifically allowed by the Council.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.511 Funding for Salaries or Overhead

(1) In order to fund a project with salaries or overhead included in the expenses to be paid by the loan or grant, the Council must vote a majority plus one.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-203, MCA
History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

Mont. Admin. R. 4.16.512 Post-Disbursement Monitoring of Loans and Grants

(1) Each recipient of a loan or grant must provide the council with the following reports:

(a) semiannual reports due on July 31 and January 31 of each year in which a loan or grant is active; and

(b) a final report due within 30 days of completion of the project.

(2) Each report shall describe, at a minimum:

(a) project objectives achieved;

(b) expenditures of grant and/or loan funds;

(d) economic impact of the project;

(e) projected future activities; and

(f) other information deemed necessary by the council or department to adequately monitor or administer the project.

(3) The department shall monitor the reports for compliance with rules, statutes, and contracts, and report any issues of noncompliance to the council at the second and fourth quarterly meeting of each fiscal year.

(4) If the council determines after review of the department report that a loan or grant requires additional monitoring, it shall direct the department to gather necessary information and report back to the council at the next regularly scheduled meeting.

(5) The council may, at a loan or grant recipient's request, defer or forgive a loan and any accrued interest if the council determines that such action is in the best interest of the recipient, does not conflict with the purposes of the Act, and will not jeopardize the financial integrity of the growth through agriculture program.

(6) The council will not consider a request to defer or forgive a loan and any accrued interest unless the request is received prior to six months after the recipient is first notified by the department that the recipient has missed an obligation under the loan or grant contract.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-202, 90-9-203, MCA
History: NEW, 2016 MAR p. 1254, Eff. 7/23/16.

Mont. Admin. R. 4.16.513 Failure to Meet Conditions of Loan or Grant

(1) If a recipient of a loan or grant fails to meet a condition of the loan or grant, the department shall notify the recipient in writing.

(2) The council shall consider the reported default at a regularly scheduled quarterly meeting and consider whether to:

(a) grant requests for forgiveness made pursuant to ARM 4.16.512;

(b) forgive performance of a grant obligation;

(d) modify the loan or grant agreement;

(e) convert a grant to a loan;

(f) convert a loan or grant to the default interest rate; or

(g) take other action not inconsistent with statute or rule.

History

Authorizing statute(s): 90-9-203, MCA
Implementing statute(s): 90-9-202, 90-9-203, MCA
History: NEW, 2016 MAR p. 1254, Eff. 7/23/16.

Subchapter 4.16.7 Agricultural Marketing Development Program

Mont. Admin. R. 4.16.701 Agricultural Marketing and Business Development Program; Purpose, Goals, and Criteria

(1) In addition to the purposes of the "Montana Growth Through Agriculture Act" as set forth in 90-9-102, MCA, the purpose of the marketing and business development program is to find new or expanded markets for the products, processes, and technologies of Montana agricultural businesses.

(2) The Agricultural Marketing and Business Development Program will coordinate with existing department marketing programs and the market development activities of the Department of Agriculture.

(3) The marketing development program shall support both domestic marketing and international trade efforts.

(4) The goals of the marketing development program are to:

(a) increase sales of the products, processes, and technologies of Montana agricultural businesses on a state, national, and international level;

(b) open or expand markets for new or specialty products;

(d) improve, expand, or create new relationships between buyers and sellers of the products, processes, and technologies of Montana agricultural businesses;

(e) encourage the expansion of value-added production, processes, and technologies in Montana.

History

Authorizing statute(s): 90-9-202, 90-9-203, MCA
Implementing statute(s): 90-9-201, 90-9-202, 90-9-401, MCA
History: NEW, 1988 MAR p. 2481, Eff. 11/24/88; TRANS, 1989 MAR p. 1190, Eff. 8/18/89; AMD, 1999 MAR p. 1764, Eff. 8/13/99; AMD, 2005 MAR p. 1909, Eff. 10/7/05; AMD, 2010 MAR p. 2957, Eff. 12/24/10.

Chapter 4.17 Organic Program

Subchapter 4.17.1 Organic Certification

Mont. Admin. R. 4.17.101 Definitions

These definitions apply to all rules adopted under authority of Title 80, chapter 11, part 6, MCA.

(1) "Department" means the Montana Department of Agriculture.

(2) "Director" means the director of the Montana Department of Agriculture or a designee.

(3) "Handling operation" means any operation or portion of an operation (except final retailers of agricultural products that do not process agricultural products) that receives or otherwise acquires agricultural products and processes, packages, or stores such products.

(4) "Mediation" means a voluntary, informal process to assist the department and another party to arrive at a mutually acceptable settlement. No formal record is made.

(5) "Mixed operation" means organic and nonorganic production on the same production operation.

(6) "Packaging" means changing the size, shape, type, or method of a product's containment without any change in the product itself.

(7) "Production operation" means a farm, ranch, or other business that grows, gathers, or raises crops, wild crops or livestock.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.102 Adoption of Organic Program Regulations

(1) The department adopts and incorporates by reference the following parts of the United States Department of Agriculture (USDA) National Organic Program (NOP) final rule, Title 7, Part 205, Code of Federal Regulations (CFR) adopted December 21, 2000. Future editions will be specifically adopted as they become applicable.

(a) Subpart A - Definitions, all sections;

(b) Subpart B - Applicability, all sections;

(d) Subpart D - Labels, Labeling, and Market Information, all sections;

(e) Subpart E - Certification, all sections; and

(f) Subpart G - Administrative:

(i) Sections 205.600 through 205.607;

(ii) Sections 205.640 through 205.642;

(iii) Sections 205.660 through 205.663;

(iv) Sections 205.670 through 205.672; and

(v) Sections 205.680 through 205.681.

(2) The department adopts and incorporates by reference the European Council Regulation (EC) Number 834/2007, as adopted June 28, 2007. Future editions will be specifically adopted as they become applicable.

(a) A copy of these regulations may be obtained from the Montana Department of Agriculture, 303 N. Roberts, P.O. Box 200201, Helena, MT 59620-0201.

(3) Regulations adopted by reference are effective as Montana law. A copy of these regulations may be obtained from the Montana Department of Agriculture, 303 N. Roberts, P.O. Box 200201, Helena, MT 59620-0201.

(4) References in the adopted federal regulations to "certifying agent" may be taken to mean the department as used in this rule.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2007 MAR p. 295, Eff. 3/9/07; AMD, 2007 MAR p. 1313, Eff. 9/7/07; AMD, 2008 MAR p. 2045, Eff. 9/26/08.

Mont. Admin. R. 4.17.103 Appointment and Compensation of Organic Commodity Advisory Council

(1) The director of the Department of Agriculture, who by statute is a member of the Organic Commodity Advisory Council, will appoint seven other members as follows:

(a) one consumer from the public at large;

(b) four certified organic producers;

(d) one certified organic producer or handler representative appointed at large at the discretion of the director of the department.

(2) The director will give preference to nominations from the Organic Commodity Advisory Council, certified organic producers, certified organic handlers, organic food retailers, and organic (product) consumers.

(3) The director will consider the following criteria in the selection of producer members of the advisory council:

(a) experience in certified organic production and/or handling;

(b) represent Montana's diversity of types of organic production;

(d) represent Montana geographically.

(4) Appointed members will serve three-year staggered terms. Appointed members shall not serve more than three consecutive terms.

(5) Compensation of council members will be as provided by 2-15-122, MCA.

(6) The council will conduct annual reviews of certification program activities. This will include a yearly review of a sampling of certification decisions.

(7) The council shall conduct meetings and carry out duties in accordance with procedures in 2-15-122, MCA, and any other procedures recommended by the council and approved by the department.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2010 MAR p. 2573, Eff. 12/31/10.

Mont. Admin. R. 4.17.104 State Seal

(1) Producers and handlers certified by the department may use a seal that identifies the department as the certifying agent, provided that such seal is used in compliance with 7 CFR 205 subpart D. The use of such a seal is voluntary.

(2) The department's organic seal may be reproduced in black and white and must replicate the form and design of the example in figure 1.

(3) The department's organic seal may be reproduced in color and must replicate the form and design of the example in figure 1.

(a) If reproduced in color, the seal must be colored according to specifications approved by the department.

(b) A representation of the colored organic seal is available for viewing and download from the department web site.

(4) The department's organic seal may be reproduced as a black and transparent image and must replicate the form and design of the example in figure 1.

(5) Instructions for reproducing the seal in color, black and white, or black and transparent are available from the department upon request.

(6) Seals may be affixed only to products organically produced or handled by operations certified organic by the department.

(7) Seals must be printed legibly and conspicuously.

Figure 1:

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.105 Application Procedures

(1) The department will certify production and handling operations that submit an application to the department and comply with the requirements set forth in these rules.

(2) The department may certify contract production or handling of organic products for producers or handlers certified by the department:

(a) The contract production or handling must be described in the production or handling system plan of an operation certified by the department or applying for certification by the department;

(b) Contract producers or handlers will not be certified themselves, but will be included as part of the contracting producer or handler's certification;

(c) The department may review contracts for production or handling to assure that the certified operation or the operation applying for certification has sufficient control over the contracted production or handling to effect change in cases of noncompliance; and

(d) Any notices of noncompliance, denial of certification, or suspension or revocation of certification involving contract production or handling will be issued to the certified operation or operation applying for certification. No separate proceeding will occur with the contractor.

(3) Each production or handling operation required by 7 CFR 205.100 to be certified, except for those exempt or excluded by 7 CFR 205.101, must apply for certification and must be certified by the department or another accredited certifier:

(a) An operation that meets the definition of "production operation" must be certified as a producer; and

(b) A certified producer who changes crops, wild crops, and/or livestock of their own production into a new distinct product by physically, chemically, or otherwise changing the original product, must also certify as a handler.

(i) However, a certified producer may clean, wash, grade, dry, package, transport, or do similar preparation of their own production without handler certification; and

(ii) All such activities by certified producers must be fully described in their Organic System Plan (OSP). The department may require additional information or documentation from certified producers regarding their contracted handling activities.

(4) Once granted, certification continues in effect until surrendered by the certified operation or suspended or revoked by the department. However, to continue certification, certified operations must annually submit an application, pay certification fees, allow an on site inspection, and submit information in compliance with 7 CFR 205.406.

(5) Applications must be submitted on forms approved by the department and must be completed, signed, and accompanied by the appropriate fees in order to be considered. Application forms can be found on the department’s web site and will be accepted electronically. Forms are also available on request from the department.

(6) First time applicants must include a complete OSP with their application. Certified operations may use a renewal form to update their OSP annually for up to three years, but must submit a new complete OSP at least every four years and may be required by the department to submit a new complete OSP whenever there are significant changes to the operation.

(7) Applications for certification may include labels for all crop, livestock and handling inputs, and processing aids and evidence that each input and processing aid contains only allowed substances. Such evidence may consist of lists of ingredients, statements from manufacturers, or verification of recognized third party review.

(8) Applications for certification must include, as part of their OSP, a list of all organic products produced and/or handled, including sample labels and complete product profiles for each distinctly labeled organic product:

(a) Certified operations must not use an organic label or make organic claims for any product not included in their OSP;

(b) Certified operations may add new products by submitting an addendum to their OSP, including sample labels and complete product profiles where applicable;

(c) Product profiles must be submitted on forms approved by the department and must include a complete list of ingredients in the product and processing aids used in manufacturing the product; and

(d) Information provided to the department on product profiles and sample labels will only be used to evaluate an applicant's compliance with organic program rules. Such information will be treated as confidential.

(9) Applications to continue producer certification are due no later than March 15 annually.

(10) Applications to continue handler certification are due no later than September 15 annually.

(11) Certified operations that do not apply to continue certification or do not comply annually with 7 CFR 205.406 may have their certification suspended. An operation that has its certification suspended may reapply, but would not qualify for the new applicant discount.

(12) An application for certification may be withdrawn by the applicant at any time:

(a) to withdraw an application for certification, applicants must submit a written request to withdraw, including the applicant's name, address, and signature; and

(b) upon receipt of a request to withdraw an application for certification, the department will suspend all actions related to the application and bill the applicant for all fees due for services rendered up to the time of the department's receipt of the withdrawal request.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2012 MAR p. 496, Eff. 3/9/12; AMD, 2015 MAR p. 1041, Eff. 7/31/15.

Mont. Admin. R. 4.17.106 Application Fees and Fees for Services

(1) Application fees for producers are as follows:

(a) a new applicant will receive a $100 credit to be applied to the first-year fees;

(b) the application fee for an operation with gross annual organic sales from $0 to $20,000.99 is $600;

(d) the application fee for an operation with gross annual organic sales from $40,001 to $100,000.99 is $800;

(e) the application fee for an operation with gross annual organic sales from $100,001 to $250,000.99 is $900;

(f) the application fee for an operation with gross annual organic sales from $250,001 to $500,000.99 is $1,000;

(g) the application fee for an operation with gross annual organic sales from $500,001 to $1,000,000.99 is $1,250;

(h) the application fee for an operation with gross annual organic sales at or above $1,000,001 is $1,500; and

(i) an additional fee is $100 for combined livestock and crop operations.

(2) Application fees for handlers are as follows:

(a) a new applicant will receive a $100 credit to be applied to the first-year fees;

(b) the application fee for an operation with gross annual organic sales from $0 to $20,000.99 is $600;

(d) the application fee for an operation with gross annual organic sales from $40,001 to $100,000.99 is $800;

(e) the application fee for an operation with gross annual organic sales from $100,001 to $250,000.99 is $900;

(f) the application fee for an operation with gross annual organic sales from $250,001 to $500,000.99 is $1,000;

(g) the application fee for an operation with gross annual organic sales from $500,001 to $1,000,000.99 is $1,250;

(h) the application fee for an operation with gross annual organic sales at or above $1,000,001 is $1,500; and

(i) if an operation is certified as a producer, or is applying for certification as a producer, the operation may subtract $115 from the base application fee for handler certification.

(3) Each applicant for certification will be inspected initially and yearly thereafter, in compliance with 7 CFR 205.403, to assess compliance with certification standards. Fees will be charged to the applicant in amounts sufficient to cover costs of the inspection.

(a) The inspection charge will be $35 to $75 per hour for time incurred in the inspection and writing the report. The exact hourly rate will be set each year based on actual cost to the department. The department will also charge per diem and mileage at standard state rates, plus a 10% administrative charge.

(4) The label and product profile review fee is $35 for each new or revised label.

(5) Failure to pay application, inspection, or other fees due within the required time will be cause for denying, suspending, or revoking certification.

(6) All application fees and fees for services are nonrefundable upon receipt.

(7) Applications submitted after the deadline must include an additional late fee of $200. On the first of every month after the first month, an additional $100 will be added to the late fee.

(8) Inspection fees are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require past due payment of fees prior to providing certification services.

(9) A surcharge of up to $1,000 may be charged for expedited services depending on the speed, time of the year, and resources required. The department may set pricing standards within department policy.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2005 MAR p. 161, Eff. 1/28/05; AMD, 2007 MAR p. 1313, Eff. 9/7/07; AMD, 2010 MAR p. 2573, Eff. 12/31/10; AMD, 2012 MAR p. 496, Eff. 3/9/12; AMD, 2015 MAR p. 1041, Eff. 7/31/15.

Mont. Admin. R. 4.17.107 Annual Report and Assessment Fees

(1) Producers and handlers certified by the department, and new applicants for certification, must submit an annual report of their total gross sales and handling charges for all certified organic production and handling. Certified producers and new applicants for producer certification shall pay an annual assessment fee to the department as a percentage of gross sales of organically produced products. Certified handlers and new applicants for handler certification shall pay an annual assessment fee as a percentage of gross sales and handling charges for all products and services included in their Organic Handling System Plans (OHSP):

(a) the annual report and assessment for producers and handlers of all gross sales and handling charges shall be for the previous calendar year;

(b) the report and fees for producers are due on March 15 annually. The report and fees for handlers are due on September 15 annually. The department may assess a 10% penalty or a minimum fee of $25, whichever is greater, for any assessment reports received after the deadline. The department may require past due payment of fees prior to providing certification services.

(2) The assessment fee for producers is 0.5% of sales except that the minimum producer assessment is $150 and the maximum producer assessment is $3,000.

(3) The assessment fee for handlers is 0.5% of sales except that the minimum handler assessment is $150 and the maximum handler assessment is $5,000.

(4) All assessment fees are nonrefundable upon receipt.

(5) Any fees paid or owed in excess of the rule caps stated in ARM 4.17.106 for the year 2015 will be refunded to the producer, or if still owing will be considered void.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2005 MAR p. 161, Eff. 1/28/05; AMD, 2010 MAR p. 2573, Eff. 12/31/10; AMD, 2012 MAR p. 496, Eff. 3/9/12; AMD, 2015 MAR p. 1041, Eff. 7/31/15; AMD, 2024 MAR p. 127, Eff. 1/27/24.

Mont. Admin. R. 4.17.108 Certification of Exempt and Excluded Operations

(1) The department may certify operations that are exempted or excluded from certification pursuant to 7 CFR 205.101. Such certification is voluntary.

(2) Application procedures, fees, and certification standards will be as provided for nonexempt and nonexcluded operations.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.109 Conversion Program

(1) Producers and handlers converting to organic production that do not qualify for certification may apply for an application review or full review including an inspection. These reviews allow potential applicants to experience procedures and requirements of the certification program and to identify areas of potential noncompliance.

(2) Applicants for conversion period application review must prepay one-half of the applicable application fee and submit appropriate application forms. The department will review the application and no inspection will be conducted. The department will notify the applicant of any deficiencies in the application or the organic system plan.

(3) Applicants for conversion period full review must prepay the full amount of the applicable application fee and submit the appropriate application forms. An inspection will be scheduled and conducted. The department will notify the applicant of any deficiencies in the application or the organic system plan and any deficiencies determined as a result of the inspection.

(4) A conversion period full review including an inspection in the year prior to certification exempts the operation from payment of a new application fee in the first year of certification.

(5) The new application fee does not apply to conversion period reviews.

(6) Persons who participate in the conversion program shall not imply in any manner that they are organically certified, and must not sell, label, or represent products as "100 percent organic," "organic," or "made with organic ingredients."

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.110 Transaction Documentation Forms

(1) Transaction documentation forms (TDF) may be used in transactions of certified organic products to identify products that were produced or handled in accordance with rules adopted under this chapter. TDF provided by the department can be used only by operations certified by the department and only for products covered by department certification. Use of TDF is voluntary and two types are available:

(a) transaction documentation forms may be issued as sequentially numbered forms with the producer's or handler's identification and expiration date beyond which use is not valid. Users shall enter shipment information that must include product name, production date, quantity sold, lot number (if applicable), sale price, and date of sale; and

(b) the department shall issue a completed TDF to a producer and/or handler upon written request. Requests must include payment, must be submitted on forms approved by the department and must contain all information requested on the request form including product name, production date, quantity sold, lot number (if applicable), sale price, date of sale, and name and address of buyer.

(2) When a TDF is part of a sale, the sales record required by ARM 4.17.111 for certified operations shall include the TDF number.

(3) Unused, expired TDF shall be returned to the department, or they may be collected by an inspector.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.111 Records

(1) Certified operations must maintain records and make such records available to the department as set forth in 7 CFR 205.103. Records shall be sufficient to facilitate an audit trail to track the identity and movement of certified organic products. Such records must be adapted to the particular business that the certified operation is conducting.

(2) Certified operations must have records of all nonorganic production and handling. Such records must be sufficient to clearly document that there is no commingling of organic and nonorganic products, that there is no contamination of organic products with prohibited materials used in production or handling of nonorganic products, and that no nonorganic products are sold or represented as organic.

(3) Certified organic producers, except producers of livestock, shall keep the following records for each crop produced:

(a) location where grown;

(b) storage location;

(c) materials applied to plants, soil, water, and products. These records shall include date applied, application rate, and name of material including brand name for brand name products;

(d) if custom processed, handling and processing description, date, and location. Location shall include the name and address of the handler or processor;

(e) sales records of organic crops by dollar and product volume, name and address of purchaser where possible, and transaction documentation form number when used; and

(f) identifying lot number that facilitates tracking the product from field to sale or release of physical control, if appropriate to the type of operation.

(4) Certified organic livestock producers shall keep the following records:

(a) all livestock must be individually identified or marked except poultry, bees, and fish, which may be identified by unit of production, such as flock, hive, or pond;

(b) receipts for acquired stock and materials must be kept to insure a complete audit trail; and

(i) all disease and pest management materials administered including dates administered, material identification, dosages, and sources;

(ii) all purchased feeds including dates purchased, feed identification, quantities purchased, sources, and documentation of organic certification;

(iii) weight of slaughter animals at slaughter and weight of postslaughter animal products;

(iv) slaughter, packing and other handling description, date, and location. Location shall include the name and address of the slaughterer, packing plant, or other handler; and

(v) sales records of all organic animal products sold including dates, quantities, or weights. Sales records must include the purchaser's name and address where possible and transaction documentation form number when used.

(5) Certified handlers must maintain records that track ingredients and certified organic products from receiving through distribution, shipping, or sale. Such records include, as appropriate to the enterprise:

(a) invoices, bills of lading, and producer certificates for incoming products;

(b) date and quantity of product processed or handled;

(d) repack data, production run reports, invoices, and bills of lading of products shipped out; and

(e) handlers must have available copies of organic certificates or other documentation of organic status for all organic ingredients and products. Organic certificates must be current and correspond to the organic ingredients used in processing. All organic certificates must be from USDA-accredited certification agencies.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.112 Sampling

(1) The department or contract inspectors will collect samples of soil, products, or agricultural inputs from randomly or systematically selected operations certified by the department. The department will collect samples when there is reason to believe, based on observation or information received, that land, an input, or product came into contact with a prohibited substance or that excluded methods were used. Inspectors may collect samples as part of the routine annual organic inspection or recommend sampling by the department.

(2) All certified operations are subject to 7 CFR 205.670, which specifies that the department or the Agricultural Marketing Service (AMS) administrator may require preharvest or postharvest testing of any agricultural input used or agricultural product to be sold, labeled, or represented as organic.

(3) The department will analyze samples for prohibited substances or for evidence of use of excluded methods. Pesticide and fertilizer analyses will be conducted whenever possible by the Montana Department of Agriculture Analytical Laboratory.

(4) Sampling and analyses will be at the expense of the department provided that revenues from application fees and assessments may be used to fund the sampling program. Inspectors will not be charged for samples taken as part of an organic inspection or investigation.

(5) All results of analyses will be provided to the administrator, AMS, United States Department of Agriculture; the certified operation or applicant; and the public on request. The department may publish a yearly summary of sample results.

(6) Applicants for certification and certified operations will be provided with a receipt for any samples collected by the department or contract inspectors.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.113 Complaints and Investigations

(1) Any person with knowledge of a violation of this chapter may file a complaint with the department. Complaints should be in writing and signed and should provide the details known to the person filing the complaint. The lack of a written or signed complaint will not preclude the department from investigating.

(2) The department will evaluate each complaint and will investigate complaints involving operations certified by the department. Complaints involving operations not certified by the department will be referred to the manager of the National Organic Program.

(3) The department may investigate certified or noncertified organic operations, whether certified by the department or not, upon determining that a need exists to protect public health and safety or preserve evidence that would justify an immediate investigation.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Mont. Admin. R. 4.17.114 Compliance Enforcement and Penalties

(1) The department may initiate a compliance action against an applicant for certification or a producer or handler certified by the department that is not in compliance with these rules:

(a) the department and applicants for certification will follow procedures established in 7 CFR 205, subpart (e) in addressing noncompliance issues under National Organic Program standards;

(b) the department and certified operations will follow procedures established in 7 CFR 205, subpart (g) in addressing noncompliance issues under National Organic Program standards;

(c) the department's procedure for denying certification under National Organic Program standards will adhere to that established in 7 CFR 205, subpart (e); and

(d) any notice of denial of certification or proposed suspension or revocation of certification will state the person's right to mediation. The department's mediation procedures will be consistent with that established in 7 CFR 205.663 and the department may incorporate procedures for mediation established by state statutes.

(2) Where there is reason to believe that an operation certified by the department is selling, representing, or labeling as organic any products that have been exposed to or contain prohibited substances or have been produced using prohibited substances or excluded methods, the department may place a stop sale tag on such products prohibiting further sale or movement. Any person who removes or disposes of such detained product by sale or otherwise, without prior permission, or removes or alters the tag, is in violation and may be subject to civil penalties. The department may authorize removal of the tag when this chapter has been complied with. If compliance is not achieved within 30 days, or upon the request of the person holding the product, the department may begin proceedings for condemnation.

(3) When the department finds that a producer or handler has committed a violation of these rules, the department may assess a civil penalty sufficient to recover all costs of the investigation leading to the finding of violation. Such costs shall include those associated with sampling of soil, production inputs, or products for residues of prohibited materials or products of excluded methods. Penalties issued to recover costs of investigation shall be in addition to civil penalties issued in response to violations, as described in this rule.

(4) The director may assess a civil penalty not exceeding $10,000 per violation when the department concludes that a producer or handler committed a violation. The department in selecting an appropriate penalty amount shall consider the severity of the violation and other gravity factors such as negligence and willfulness.

(5) A civil penalty may not be assessed until the person charged is given notice of opportunity for a hearing and an appeal pursuant to the Montana Administrative Procedure Act.

(6) This rule does not require the department to revoke or suspend certification, issue stop sale orders, or assess civil penalties when other remedies such as a written notice or warning are sufficient to cure a violation.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2007 MAR p. 1313, Eff. 9/7/07.

Mont. Admin. R. 4.17.115 Mediation

(1) Any dispute with respect to denial of certification or proposed suspension or revocation of certification may be mediated at the request of the applicant for certification or certified operation as provided by 7 CFR 205.663. Procedures and time frames for mediation will be consistent with those established in 7 CFR 205.663 and standards for mediation established in 26-1-813 , MCA.

(2) Mediators must be impartial and knowledgeable about organic certification standards. A mediator shall be chosen by mutual consent. If a mediator cannot be chosen by mutual consent, the department shall select a mediator.

(3) Matters raised in mediation are privileged, private, and confidential, except that a mediated agreement may be disclosed to the secretary of the United States Department of Agriculture.

(4) Persons can represent themselves or be represented by an attorney. It is understood that any person appearing on behalf of the person that requested mediation will have full settlement authority for the person they are representing. The mediator has discretion in establishing formal or informal mediation procedures. Where persons choose not to be represented by counsel, the mediator may choose to use informal procedures. However, mediators have the option to provide structure to the mediation and to apply rules of evidence and civil procedure.

(5) If mediation produces a settlement agreement, a written agreement will be prepared with the assistance of the mediator, if necessary. The person who requested mediation, the department's representative, and the mediator shall sign the settlement and provide it to the director. The director shall determine if the settlement is accepted by the department.

(6) The parties shall share equally the cost for the services of a mediator.

History

Authorizing statute(s): 80-11-601, MCA
Implementing statute(s): 80-11-601, MCA
History: NEW, 2003 MAR p. 2848, Eff. 12/25/03.

Chapter 4.19 Industrial Hemp Program

Subchapter 4.19.1 Hemp Definitions and License Applications

Mont. Admin. R. 4.19.101 Definitions

(1) "Clone" means an organism developed asexually from another and genetically identical to it, such as a group of genetically identical plants produced by vegetative propagation, including but not limited to cutting, grafting, or division.

(2) "Hemp" means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(3) "Hemp plant extract" means a processed product from hemp plant or floral material including but not limited to oil, powder, cake, pellet, etc.

(4) "Hemp root extract" means a processed product that includes exclusively hemp root material including but not limited to oil, powder, cake, pellet, etc.

(5) "Hemp seed oil" means oil extracted exclusively from hemp seeds.

(6) "Location" means a single location as determined by the Director.

(7) "Manufacturing" means further processing hemp plants that have already been processed from a raw, unaltered state.

(8) "Montana State Hemp Program" means a program to grow hemp under the regulation of the Montana Department of Agriculture for the purposes of complying with federal law.

(9) "Processing" means heating, mixing, grinding, separating, extracting, cutting, freezing, or otherwise physically or chemically altering hemp plants or plant parts from a raw, unaltered state or changing the physical characteristics of hemp plants or plant parts from a raw, unaltered state.

(10) "Research" means growing hemp in a manner which the resulting hemp may not conform to the USDA guidelines in some manner. This includes but is not limited to the use of a pesticide not approved for hemp, efforts to lower a cultivar's THC level through hybridization, or development of new cultivars which are not from certified seed. Research must be conducted with the intent of improving or expanding upon the genetics and/or cultivation practices of hemp.

(11) "State hemp license" means a license to grow hemp that shows the holder is in compliance with Montana state hemp laws. The holder is also responsible for obeying all applicable federal and tribal regulations.

(12) "Testing" means a testing for the amount of THC, pesticides, or other tests for legal compliance of departmental or federal regulations.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-101, 80-18-102, 80-18-103, 80-18-106, 80-18-107, 80-18-110, 80-18-111, MCA
History: NEW, 2017 MAR p. 283, Eff. 3/11/17; AMD, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2019 MAR p. 1369, Eff. 8/24/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.102 Application for Montana State Hemp Program License

(1) An applicant must:

(a) provide the information required by state law for a hemp license on the form provided by the department;

(b) apply to the department for participation in the program by May 30 for outdoor grows; application for greenhouse and indoor grows is open all year;

(d) consent to entrance of their property by the department to inspect their hemp fields.

(2) If the applicant is not a single individual, then all proper filings with the Secretary of State must be current and in good order.

(3) Licenses will expire on the last day of December of the year the license is issued, beginning in 2021.

(4) The licensee must also provide all material required under 80-18-106, MCA.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-106, MCA
History: NEW, 2017 MAR p. 283, Eff. 3/11/17; AMD, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.103 Montana State Hemp Program

(1) An applicant to the Montana State Hemp Program must:

(a) not be forbidden from participating by a federal agency and agree to a criminal background check;

(b) meet any additional requirements that the USDA or FDA places on the department for the continuation of the program;

(d) apply to the department for participation in the program; and

(e) keep all records related to the planting, growing, harvesting, storage, destruction, distribution, sale and/or processing of hemp, and make those records available for inspection for a minimum of three years.

(2) Live hemp plants or propagatable hemp plant parts may only be sold to persons licensed to grow hemp. Viable hemp seed intended for propagation may only be sold to persons licensed to grow hemp or persons licensed to process, condition, or sell seed for propagation. Hemp grain intended for use as an approved food ingredient or oil, may only be sold to persons licensed to purchase, handle, or process hemp grain or another commodity.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-106, MCA
History: NEW, 2017 MAR p. 283, Eff. 3/11/17; AMD, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.104 Program Fees

(1) The fee for a Montana State Hemp License is $1,100.

(2) The department may assess a processing fee of $100 for any late (postmarked or sent electronically) or incomplete documentation associated with the licensing process.

(3) The department may assess a change fee of $50 for a request for each new cultivar or location associated with a previously processed license application.

(4) The fee to license a research program under an existing license is $500 annually.

(5) The director may waive all or part of any of these fees, if there is sufficient money to perform the regulations of the hemp act without them. This waiver may be individual, institutional, or by category of hemp seed. The waiver must have a time limit in it when granted.

History

Authorizing statute(s): 80-1-102, 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-106, 80-18-110, MCA
History: NEW, 2017 MAR p. 283, Eff. 3/11/17; AMD, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.105 Lab Testing Fees

(1) The department will charge any licensee or law enforcement agency $250 per test for THC levels of a plant.

(2) Any lab approved by DPHHS for THC testing for medical marijuana may be used by hemp growers for THC testing.

(3) The department may approve third party testing providers.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-106, MCA
History: NEW, 2017 MAR p. 283, Eff. 3/11/17; AMD, 2019 MAR p. 532, Eff. 5/11/19.

Mont. Admin. R. 4.19.106 Penalties or Revocations

(1) After notice to the licensee, the department may suspend a license and start an administrative hearing under MAPA for permanent revocation.

(2) The department may suspend or terminate the hemp license for any violation of county, state, or federal law. This will be done in a manner consistent with Section 297 of The Agricultural Marketing Act of 1946 as amended (2018).

(3) The department may reinstate the license if good cause is shown and a reinstatement fee is paid. The reinstatement fee is $450 for the Montana State Hemp Program license.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-101, 80-18-103, 80-18-106, 80-18-107, MCA
History: NEW, 2017 MAR p. 283, Eff. 3/11/17; AMD, 2019 MAR p. 532, Eff. 5/11/19.

Mont. Admin. R. 4.19.107 Hemp Variety

(1) Applicants must inform the department of varieties planted and the location of each variety by sending the information to the department.

(2) The department will send the full Montana State Hemp License for the year after receiving the required information from the applicant.

(3) The department recognizes a four-category system, found in ARM 4.19.108, to illustrate the relative risk of hemp cultivars concerning THC levels.

(4) Persons distributing hemp seeds for planting must comply with the Montana Agricultural Seed and Patented Plant Material Act.

(a) A person whose name and address appear on the label of hemp seed sold in Montana, as required by 80-5-123, MCA, shall obtain a seed labeler's license from the department before doing business in Montana;

(b) all facilities located in the state that condition hemp seed shall obtain a license from the department for each facility; and

(c) a person who sells hemp seed in Montana, whether from in-state or out-of-state shall obtain a seed dealer's license from the department for each place where seed is located or sold.

(5) Clones of industrial hemp plants may be approved for commercial production of industrial hemp. Clones are in the same category as their parent plant. Clones must comply with the Montana Disease, Pest and Weed Control Act, and additional documentation may be required for interstate shipments.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-5-123, 80-5-125, 80-18-102, 80-18-103, 80-18-106, MCA
History: NEW, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.108 Hemp Variety Categories

(1) Categories will be as follows: Category A are certified varieties formally approved by the department, Category B are certified varieties approved by other states or countries at a level equivalent to the department, Category C are all other hemp cultivars that an applicant reasonably believes will not produce a plant with over 0.3 percent total THC at any time prior to harvest and are not in Category D, and Category D includes all cultivars forbidden by any federal law or regulation or added by rule by the department because of its inability to consistently produce hemp.

(2) A list of approved Category A and Category B varieties can be found on the department's website at https://agr.mt.gov/Industrial-Hemp . The list will be updated annually.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-106, MCA
History: NEW, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.109 Prohibition on Growing Both Hemp and Medical Marijuana

(1) A licensed hemp grower in Montana may not grow both hemp and medical marijuana at the same location unless one is grown indoors and the other is grown outdoors or both are grown in separate buildings at the same location.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-106, MCA
History: NEW, 2019 MAR p. 532, Eff. 5/11/19.

Mont. Admin. R. 4.19.110 Hemp Sampling

(1) The department is authorized to inspect and sample all lots of hemp to determine compliance with this Act.

(2) Properly licensed growers may self-sample to determine THC levels and to indicate trends in THC levels, but these samples will not be considered official samples.

History

Authorizing statute(s): 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-106, MCA
History: NEW, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.111 Research Program

(1) A grower must apply for and receive a hemp research license, in addition to the standard hemp grower license, before being allowed to conduct research and cultivate hemp plants (excluding research already exempted in 80-18-103(3), MCA) not intended for commercial use.

(2) The department may recognize certain lots or plants of hemp as research by a licensed grower provided the plants and plant parts:

(a) do not enter commerce;

(b) are not used for personal use or gain;

(d) are grown with the goal of establishing improved hemp genetics or other legitimate purposes approved by the department;

(e) are tracked and reported to the department beginning with the license application and throughout the licensing year; and

(f) shall be destroyed, other than seed for propagation used for further research and potential future genetics.

(3) All research findings must be reported to the department.

(4) The THC testing of research plants is the responsibility of the license holder.

(5) Proven and established varieties must be approved by the department before entering a non-research phase and entering commerce.

(6) Official Montana research facilities are exempt from (2)(c) and (d) of this rule.

History

Authorizing statute(s): 80-1-102, 80-18-107, MCA
Implementing statute(s): 80-18-103, MCA
History: NEW, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.112 Volunteer Hemp

(1) A grower must take reasonable steps to prevent or destroy volunteer hemp plants that arise and may be responsible for the costs to control plants that spread into nearby properties.

History

Authorizing statute(s): 80-1-102, 80-18-107, MCA
Implementing statute(s): 80-18-103, MCA
History: NEW, 2021 MAR p. 59, Eff. 1/16/21.

Mont. Admin. R. 4.19.113 Inspection and Laboratory Fees

(1) An additional laboratory testing fee of $250 will be charged for each additional sample tested.

(2) An additional inspection fee of $250 will be charged for each inspection conducted after the initial inspection.

History

Authorizing statute(s): 80-1-102, 80-18-107, MCA
Implementing statute(s): 80-18-110, MCA
History: NEW, 2021 MAR p. 59, Eff. 1/16/21.

Subchapter 4.19.2 Hemp Processing Definitions and License Applications

Mont. Admin. R. 4.19.202 Hemp Processing for a Commodity Dealer

(1) A person or entity with a Hemp Processing License for calendar year 2019 to 2020 may contract with licensed Montana hemp producers without a Commodity Dealer License under the following conditions:

(a) the hemp producer acknowledges the hemp processor is not a licensed commodity dealer in Montana, meaning the processor does not have a commodity dealer bond, by signing a written statement;

(b) the total amount of contracted hemp does not exceed $10 million; or

(2) Hemp processors are subject to all remedies of the department included in 80-4-612, MCA, and powers of inspection included in 80-4-601, MCA.

(a) In the event a hemp processor does not pay a licensed hemp producer possessing a contract that would otherwise be subject to Agricultural Commodity Dealer laws, the department may pursue remedies.

History

Authorizing statute(s): 80-4-402, 80-4-601, 80-18-107, MCA
Implementing statute(s): 80-4-402, 80-4-601, 80-18-102, MCA
History: NEW, 2019 MAR p. 1369, Eff. 8/24/19.

Mont. Admin. R. 4.19.203 Processing with a Grower's License

(1) A licensed grower vertically integrated as a hemp processor must abide by all state, tribal, USDA, FDA, and DEA requirements related to the processing, handling, and distribution of hemp and hemp derivatives, including the transportation of interim products that contain greater than 0.3% Total THC.

History

Authorizing statute(s): 80-1-102, 80-18-107, MCA
Implementing statute(s): 80-18-102, 80-18-103, 80-18-111, MCA
History: NEW, 2021 MAR p. 59, Eff. 1/16/21.

Chapter 4.20 Mediation Services

Subchapter 4.20.1 Mediation Services

Mont. Admin. R. 4.20.101 Mediation Services of the Department

(1) The department may provide mediation to federal and state programs for which it is designated or has contractually agreed to provide services.

(2) The department may provide additional mediation services for other agricultural disputes if it does not have a direct conflict.

(3) The department may only provide these services if it has sufficient staff and funds available.

History

Authorizing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
Implementing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
History: NEW, 2017 MAR p. 2431, Eff. 12/23/17.

Mont. Admin. R. 4.20.102 Request for Mediation Services

(1) A party wishing to use the department's mediation services for a mediation will request in writing that the department schedule a mediation.

(2) The request must state the parties involved and the nature of the dispute.

(3) The department will either send out a formal Notice of Mediation or Denial of Mediation under ARM 4.20.106.

(4) For a mediation to be docketed, both parties must consent to it.

History

Authorizing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
Implementing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
History: NEW, 2017 MAR p. 2431, Eff. 12/23/17.

Mont. Admin. R. 4.20.103 Fees

(1) The department will charge $200 per hour for mediations.

(2) The parties will split the total cost equally and each party will be responsible for their portion of each mediation.

(3) These fees are to be paid at the end of each session.

History

Authorizing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
Implementing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
History: NEW, 2017 MAR p. 2431, Eff. 12/23/17.

Mont. Admin. R. 4.20.104 Mediation Confidentiality

(1) The mediation is confidential to the extent allowed by state law with all the exceptions allowed in state law.

(2) The department will not have any liability for violations of this confidentiality but will strive to protect it to the extent allowed by law.

History

Authorizing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
Implementing statute(s): 26-1-813, 80-1-102, 80-11-103, 80-12-301, MCA
History: NEW, 2017 MAR p. 2431, Eff. 12/23/17.

Mont. Admin. R. 4.20.105 Training

(1) The department may train its own staff for mediation and may open these trainings up to non-departmental staff including but not limited to other state agencies and law students.

(2) If non-departmental staff is trained they may be charged a fee of up to $100 per hour.

History

Authorizing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
Implementing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
History: NEW, 2017 MAR p. 2431, Eff. 12/23/17.

Mont. Admin. R. 4.20.106 Denial of Mediation Services

(1) If the department is unable or unwilling to provide mediation services, it will inform the requesting party of that fact and to the extent allowed provide the reason for the denial.

History

Authorizing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
Implementing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA
History: NEW, 2017 MAR p. 2431, Eff. 12/23/17.

Chapter 4.21 Montana Pulse Crop Committee

Subchapter 4.21.1 Committee Organization

Mont. Admin. R. 4.21.101 Committee Organization

(1) The organization of the Montana Pulse Crop Committee has been sufficiently set out in Chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, 2-15-112, 80-1-102, 80-11-1003, MCA
Implementing statute(s): 2-4-201, 2-15-112, 2-15-121, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Subchapter 4.21.2 Procedural Rules

Mont. Admin. R. 4.21.201 Procedural Rules

(1) The committee adopts and incorporates the Attorney General’s model procedural rules as stated in ARM 1.3.101 through 1.3.233 and the department’s public participation rules in ARM 4.2.201 through 4.2.204. A copy of the model rules may be obtained from the Montana Department of Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana, 59620-0201.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 2-4-201, 2-4-202, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.202 Public Participation

(1) Public participation is to be allowed to the fullest extent practicable and consistent with other requirements of state law and the rights and requirements of personal privacy. The purpose of this rule is to provide transparency, aid in the responsiveness of the committee, and assist all concerned persons to better understand committee activities and funded programs. The following guidelines shall aid the committee in allowing for public participation relative to resources available and the nature of the issues involved:

(a) The committee shall provide and make accessible all informational materials including policy, programs and/or technical information to enable interested or affected parties to make informed and constructive contributions toward committee decisions. News releases and other publications may be used for this purpose as well as informational discussions and meetings with interested citizen groups.

(b) The committee shall make efforts to summarize complex technical materials for public and media use. Requests for such information shall be promptly addressed.

(c) The committee shall maintain a current list of interested persons and organizations including anyone who has requested inclusion on such a list for the distribution of information such as that listed in (1)(a) of this rule. The committee shall in addition notify any interested persons of any public hearing.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1002, 80-11-1003, 80-11-1004, 80-11-1005, 80-11-1008, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.203 Awarding of Contract

(1) Citizens shall have the opportunity for involvement in awarding of contracts and this shall be provided by observing the laws regarding awarding of contracts by public agencies. These laws require that any significant contracts be submitted to bid and public notice is through the invitation to bid.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1003, 80-11-1006, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.204 Committee Liaison

(1) In addition to all other requirements the committee shall continue to maintain liaison with citizen organizations active in areas concerning committee responsibilities. This liaison will be on formal and informal basis through participation in their meetings and in their organizations.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1002, 80-11-1003, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Subchapter 4.21.3 Grants

Mont. Admin. R. 4.21.301 Grants

(1) Grant applications for project funding must be received by the deadline set by the committee. The committee shall set at least one grant deadline per year. Consideration of a late grant application may occur if the committee agrees by unanimous vote.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1002, 80-11-1003, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.302 Review and Evaluation

(1) All applications shall be reviewed and evaluated for project type, funding requested, market need for the project, and whether the project is new or on-going.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1003, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.303 Committee Determination

(1) At the first meeting of the committee following the grant application deadline the projects to be funded for the following fiscal period are selected and the amount of grant funding will be determined.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1002, 80-11-1003, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.304 Notification of Awards

(1) Grant applicants shall be notified within 60 days after the committee’s budget meeting as to whether or not their application(s) have been granted. Applicants shall also be notified of the amount to be funded for each approved project.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1002, 80-11-1003, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.305 Performance Evaluation

(1) The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee(s).

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1003, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.306 Modification or Termination of Grants

(1) The committee may modify or terminate the funding of any grant if a determination is made that the grantee has not complied or cannot comply with a provision of the grant agreement. The committee shall notify the grantee in writing within 30 days of such determination of the reasons for the determination and the effective date of the modification or termination.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1003, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.307 Prohibition on Indirect Payments

(1) In order to make sure funds are not used for prohibited purposes, indirect costs are not generally allowed as a part of a grant. If the committee chooses to make an exception of the rule, a unanimous vote is required and the percentage of indirect costs cannot be more than five percent.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1003, 80-11-1006, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Subchapter 4.21.4 Pulse Assessment and Refunds

Mont. Admin. R. 4.21.401 Pulse Assessment and Refunds

(1) There shall be levied an assessment of one percent of the net receipts of pulse crops produced in Montana.

(2) All assessments are subject to refund provided the following criteria are met:

(a) Application for assessment refund shall be in writing on forms provided by the committee.

(i) Forms will be furnished upon application to the Montana Department of Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana, 59620-0201.

(b) Written application for refund of the pulse assessment must be submitted by the first seller of the pulse commodity or by an individual with the seller’s power of attorney.

(c) Refund application forms shall be submitted 30 days after the date of first sale and no later than 90 days from the date of the first sale of pulse for which a refund is filed.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1003, 80-11-1004, 80-11-1005, 80-11-1006, 80-11-1007, 80-11-1008, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.402 Requirements for Reports

(1) All monthly pulse merchandiser report forms shall be sent out from the Montana Pulse Crop Committee. Reports shall be completed and returned to the committee after being properly signed and sworn to every month. These reports shall be filed with the committee within 20 days after the close of the business for the month in which the report is being filed.

(2) Requests for past due reports shall be addressed in the following manner:

(a) First notice shall be a form letter from the Montana Pulse Crop Committee requesting submission of the past due reports within 10 days of the date of the letter.

(b) Second notice shall be a telephone call giving five additional days to submit the past due reports.

(d) Any person failing to produce the past due reports shall be subject to a fine of not less than $50 or more than $5,000 based upon the amount withheld and the number of refunds affected. See the penalty matrix in ARM 4.21.404.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1001, 80-11-1002, 80-11-1003, 80-11-1004, 80-11-1005, 80-11-1006, 80-11-1007, 80-11-1008, MCA
History: NEW, 2018 MAR p. 301, Eff. 2/10/18; AMD, 2020 MAR p. 1837, Eff. 10/10/20.

Mont. Admin. R. 4.21.403 Correction of Error on Reports

(1) Checking of all reports for errors in the amount of pulses purchased, amount of assessment paid, failure to make payment of assessment on all first purchases of pulses, or lack of signature will be addressed in the following manner:

(a) A telephone call shall be made to the purchaser in attempt to correct the error.

(b) A corrected report shall be requested if the error cannot be corrected over the telephone.

(c) A visit by the Department of Agriculture inspector shall be made if the error cannot be corrected over the telephone and if a corrected report cannot be obtained.

(d) Any person failing to comply with the request for corrections will be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $500 upon conviction.

History

Authorizing statute(s): 80-1-102, 80-11-1003, MCA
Implementing statute(s): 80-11-1004, 80-11-1007, MCA
History: NEW, 2018 MAR p. 823, Eff. 2/10/18.

Mont. Admin. R. 4.21.404 Penalty Matrix

(1) Any person failing to produce past due reports will be subject to a fee based on the following matrix:

History

Authorizing statute(s): 80-11-1008, MCA
Implementing statute(s): 80-11-1008, MCA
History: NEW, 2020 MAR p. 1837, Eff. 10/10/20.

Chapter 4.22 Analytical Laboratory

Subchapter 4.22.1 Analytical Laboratory Fees

Mont. Admin. R. 4.22.101 Analytical Lab Fee Schedule

(1) Fees for Water and Miscellaneous Samples:

(a) Alkalinity....................$50.00

(b) Hardness....................$50.00

(d) Nitrate/Nitrate as Nitrogen....................$150.00

(e) pH....................$15.00

(f) Sulfate....................$50.00

(g) Total Dissolved Solids (TDS) ....................$25.00

(h) Calcium (Ca) ....................$40.00

(i) Copper (Cu) ....................$40.00

(j) Iron (Fe) ....................$40.00

(k) Phosphorus (P) ....................$40.00

(l) Potassium (K) ....................$40.00

(m) Sodium (Na) ....................$40.00

(n) Zinc (Zn) ....................$40.00

(o) Elemental Screen....................$150.00

(2) Fees for Fertilizer Samples:

(a) Nitrogen, Total....................$25.00

(b) P2O5, Available....................$50.00

(d) Sulfur....................$50.00

(e) Calcium (Ca) ....................$40.00

(f) Cobalt....................$40.00

(g) Copper (Cu) ....................$40.00

(h) Iron (Fe) ....................$40.00

(i) Magnesium (Mg) ....................$40.00

(j) Manganese (Mn) ....................$40.00

(k) Molybdenum (Mo)....................$40.00

(l) Sodium (Na)....................$40.00

(m) Zinc (Zn) ....................$40.00

(3) Fees for Secondary and Micro Nutrient Screening:

(a) Arsenic (As)....................$40.00

(b) Cadmium (Cd)....................$40.00

(d) Lead (Pb)....................$40.00

(e) Molybdenum (Mo)....................$40.00

(f) Nickel (Ni) ....................$40.00

(g) Selenium (Se) ....................$40.00

(h) Zinc (Zn) ....................$40.00

(i) Metals Screen....................$150.00

(4) Fees for Feed/Forage Samples:

(a) Acid Detergent Fiber (ADF)....................$25.00

(b) Ash....................$15.00

(d) Crude Fat for Baked/Expanded....................$20.00

(e) Crude Fiber....................$25.00

(f) Crude Protein....................$20.00

(g) Moisture....................$10.00

(h) Neutral Detergent Fiber (NDF)....................$25.00

(i) Nitrate....................$20.00

(j) Non-Protein Nitrogen (Urea)....................$35.00

(k) Relative Feed Value....................$50.00

(l) Salt....................$35.00

(m) TDN from ADF....................$30.00

(n) TDN by Proximate Analysis....................$60.00

(o) Label Claim....................$50.00

(p) Calcium (Ca)....................$40.00

(q) Copper (Cu)....................$40.00

(r) Iron (Fe)....................$40.00

(s) Magnesium (Mg)....................$40.00

(t) Manganese (Mn)....................$40.00

(u) Phosphorus (P)....................$40.00

(v) Potassium (K) ....................$40.00

(w) Selenium....................$50.00

(x) Sodium (Na) ....................$40.00

(y) Zinc (Zn) ....................$40.00

(z) Elemental Screen....................$150.00

(aa) Amprolium....................$200.00

(bb) Chlortetracycline....................$200.00

(cc) Decoquinate....................$200.00

(dd) Lasalocid....................$200.00

(ee) Lysine/Methionine....................$150.00

(ff) Monensin....................$100.00

(gg) Oxytetracycline....................$200.00

(hh) Sulfamethazine....................$200.00

(ii) Vitamin A....................$200.00

History

Authorizing statute(s): 80-1-104, MCA
Implementing statute(s): 80-1-104, MCA
History: NEW, 2018 MAR p. 1721, Eff. 8/25/18.

Mont. Admin. R. 4.22.102 Pesticide Sample Fees

(1) The fee is based on the matrix and whether it is being tested for the presence of one chemical residue or multiple as illustrated below:

(a) Matrix Individual Multi-Residue

Water: $200.00 $400.00

Soil: $250.00 $300.00

Vegetation: $250.00 $300.00

(2) The lab may not be able to perform certain residue tests based on the quality of the sample, the availability of equipment, or the matrix/residue in question.

(3) Custom testing requests are charged according to the amount of time and resources needed for the test.

History

Authorizing statute(s): 80-1-104, MCA
Implementing statute(s): 80-1-104, MCA
History: NEW, 2018 MAR p. 1721, Eff. 8/25/18.

Mont. Admin. R. 4.22.103 Discounts

(1) To be eligible for a discount, samples must be submitted at the same time for the same test.

(2) Discount by number of samples:

(a) 1-2....................No Discount

(b) 3-6....................10% Discount

History

Authorizing statute(s): 80-1-104, MCA
Implementing statute(s): 80-1-104, MCA
History: NEW, 2018 MAR p. 1721, Eff. 8/25/18.

Mont. Admin. R. 4.22.104 Contract Work

(1) As time permits, the lab may take on contract work for other governmental or private entities to perform services needed and within the scope of the expertise of the lab. The lab will set fees for this based on negotiations.

History

Authorizing statute(s): 80-1-104, MCA
Implementing statute(s): 80-1-104, MCA
History: NEW, 2018 MAR p. 1721, Eff. 8/25/18.

Chapter 4.23 Student Loan Assistance Program

Subchapter 4.23.1 Requirements and Procedures

Mont. Admin. R. 4.23.101 Objectives

(1) The primary objectives of the Student Loan Assistance Program are to:

(a) encourage Montana's college-educated youth to pursue a primary career in farming or ranching;

(b) reduce financial stress on Montana's farm and ranch operators; and

History

Authorizing statute(s): 90-9-203, 90-9-501, MCA
Implementing statute(s): 90-9-501, 90-9-505, MCA
History: NEW, 2020 MAR p. 570, Eff. 3/28/20.

Mont. Admin. R. 4.23.102 Application Procedures for Loan Repayment Assistance Program

(1) Application forms for farmer loan repayment assistance will be published annually on the department's website.

(2) Applicants must provide all requested information and meet eligibility and documentation requirements specified in ARM 4.23.103 to be considered eligible for funding.

History

Authorizing statute(s): 90-9-203, 90-9-501, MCA
Implementing statute(s): 90-9-502, 90-9-504, MCA
History: NEW, 2020 MAR p. 776, Eff. 3/28/20.

Mont. Admin. R. 4.23.103 Eligibilty and Documentation Requirements

(1) The Agriculture Development Council will direct the department to conduct a review of eligibility prior to making funding decisions.

(2) Applicants must provide sufficient documentation to establish:

(a) proof of residency;

(b) completion of associate or baccalaureate degree from postsecondary institution as defined in 20-26-603, MCA;

(d) participation in the day-to-day operations of a farm or ranch; and

(e) commitment to operate the farm or ranch for at least five years following application.

(3) Applicants must provide documentation of requested educational loan information including but not limited to total outstanding loan amount, loan servicer information, payment schedule, history, and interest rate.

History

Authorizing statute(s): 90-9-203, 90-9-501, MCA
Implementing statute(s): 90-9-502, 90-9-504, MCA
History: NEW, 2020 MAR p. 570, Eff. 3/28/20.

Mont. Admin. R. 4.23.104 Annual Monitoring and Disbursements

(1) The department will conduct annual monitoring activities for ongoing eligibility verification and program compliance.

(2) Annual monitoring activities will be documented on reports established by department staff and stored at the department for the duration of the loan assistance plus five years.

(3) Disbursements may be made by the department directly to the educational loan servicer or provided to the recipient on a reimbursement basis provided verified loan statements indicating full and timely payments are made available to the department.

History

Authorizing statute(s): 90-9-203, 90-9-501, MCA
Implementing statute(s): 90-9-502, 90-9-503, 90-9-504, MCA
History: NEW, 2020 MAR p. 570, Eff. 3/28/20.

Mont. Admin. R. 4.23.105 Repayment

(1) Funding recipients who cease to operate the farm or ranch before the end of the five-year commitment period must repay the total amount of assistance received to date.

(2) Funding recipients who fail to complete required monitoring reports or abide by written agreement must repay the total amount of assistance received since the date of the last verified report or date of breach.

History

Authorizing statute(s): 90-9-203, 90-9-501, MCA
Implementing statute(s): 90-9-502, 90-9-504, MCA
History: NEW, 2020 MAR p. 570, Eff. 3/28/20.