AGRICULTURAL SCIENCES DIVISION

4.12.1001 APPOINTMENT OF STORAGE SPACE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1002 WAREHOUSE RECEIPTS TO BE ISSUED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1003 WRITTEN TERMS, GRAIN WAREHOUSE RECEIPTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; AMD, Eff. 7/4/77; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1004 GRAIN WAREHOUSE RECEIPT FORM (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1005 RECEIPTS ISSUED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1006 LEGAL PUBLIC WAREHOUSE GRAIN RECEIPTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 and 80-4-225 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1007 SHIPMENTS OF STORED GRAIN TO POINT OUTSIDE THE STATE OF MONTANA (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-227 and 80-4-231 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1008 LICENSING OF GRAIN MERCHANDISERS - FEES - EXEMPTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-202 MCA Implementing statute(s): 80-4-201 and 80-4-202 MCA History: NEW, Eff. 5/6/76; AMD, Eff. 9/24/77; AMD, 1978 MAR p. 505, Eff. 4/25/78; AMD, 1980 MAR p. 1572…

4.12.1009 BOND FILED - BOND FEE SCHEDULE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-205 MCA Implementing statute(s): 0-4-205 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.101 REGISTRATION OF APIARIES AND LIMITATIONS OF REGISTRATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-301 and 80-6-201 MCA Implementing statute(s): Sec. 80-6-102 and 80-6-201 MCA History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75; AMD, 1978 MAR p. 1358, Eff. 9/15/78…

4.12.1010 CHARGES OF PUBLIC WAREHOUSEMEN FOR HANDLING, CLEANING AND STORAGE OF GRAIN (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-222 MCA Implementing statute(s): 80-4-222 MCA History: NEW, Eff. 7/4/77; AMD, 1980 MAR p. 1572, Eff. 6/13/80; REP, 1986 MAR p. 1178, Eff. 7/…

4.12.1011 REPORTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-209 MCA Implementing statute(s): 80-4-209 MCA History: NEW, 1977 MAR p. 725, Eff. 10/25/77; REP, 1986 MAR p. 1820, Eff. 10/31/86.

4.12.1013 SAMPLE LOT INSPECTION SERVICE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-119 and 80-4-113 MCA Implementing statute(s): 80-4-113 MCA and 80-4-119 MCA History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75; AMD, 1981 MAR p. 1778, Eff. 12/18/81; REP, 1987 MAR p. 252, Ef…

4.12.1014 SEDIMENTATION VALUE INSPECTION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-119 and 80-4-113 MCA Implementing statute(s): 80-4-113 and 80-4-119 MCA History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75; REP, 1986 MAR p. 1820, Eff. 10/31/86.

4.12.1015 SURETY BOND FOR BEAN WAREHOUSING (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-509 MCA Implementing statute(s): 80-3-505 MCA History: NEW, Eff. 10/5/75; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1016 STORAGE CHARGES FOR DRY BEANS-WAREHOUSEMAN (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-509 MCA Implementing statute(s): 80-3-507 MCA History: NEW, Eff. 10/5/75; AMD, Eff. 8/6/76; AMD, 1981 MAR p. 417, Eff. 5/1/81; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1018 TERM OF LICENSES - EXPIRATION A public warehouse license period is July 1 through June 30. A public warehouse license expires July 1 of each year. A commodity dealer license period is July 1 through June 30. A commodity dealer license expires July 1 of each year. Author…

4.12.1019 REPORTS TO THE DEPARTMENT 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. R…

4.12.102 APIARY, LOCATED BY PERMISSION 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 si…

4.12.1020 FINANCIAL STATEMENTS FILING DATE 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 stateme…

4.12.1021 BOND CONDITIONS - CANCELLATION A surety bond, or bond equivalent may be in bond increments rounded up to the nearest $2,000.00. The surety bond shall be on a form prescribed by the department. Such surety bond shall name the state of Montana as obligee for the benefit o…

4.12.1022 CERTIFICATES OF DEPOSIT OR OTHER BOND EQUIVALENTS Rules promulgated hereunder that apply to surety bonds shall also apply to certificates of deposit (CD) and other bond equivalents. A CD may be liquidated for disbursement for the same reasons and in the same manner that…

4.12.1024 LICENSE FEES FOR COMMODITY DEALERS AND PUBLIC WAREHOUSES 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. A warehouse license is no…

4.12.1025 AGRICULTURAL SEED WAREHOUSE RECEIPTS - WRITTEN TERMS 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 …

4.12.1026 LOSS OF RECEIPTS - CONDITIONS OF REISSUE 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 tha…

4.12.1027 DATE OF TERMINATION OF STORAGE CONTRACTS EVIDENCED BY WAREHOUSE RECEIPTS 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 30…

4.12.1028 WAREHOUSE SHORTAGE - REMEDIES 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 equivalen…

4.12.1029 CONTRACT FORM REQUIRED OF SEED DEALERS Persons applying for a commodity dealer's license which includes seed shall: use a contract form which clearly states the terms of purchase basis for payment, and percentage of pure seed; submit a sample copy of the contract and su…

4.12.103 NEW LOCATIONS OF APIARIES 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 agric…

4.12.1030 NOTICE TO SELLERS OF FINANCIAL RISK 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." All credit sale contracts whi…

4.12.1031 OTHER COMMODITIES In addition to those specified commodities in 80-4-402, MCA, the following crops are commodities for all purposes: pulse crops including but not limited to peas, dried peas, chickpeas, and lentils; and beans. Authorizing statute(s): 80-4-402, MCA Imple…

4.12.1032 CONDITIONED, SUSPENDED, OR REVOKED LICENSES FOR COMMODITY DEALERS 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 saf…

4.12.1033 PENALTY MATRIX FOR COMMODITY DEALERS AND WAREHOUSE LAWS 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 acci…

4.12.1034 RECORDS RETENTION 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. Authorizing statute(s): 80-4-403, MCA Implementing statut…

4.12.104 LIMITATIONS OF COLONIES 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 …

4.12.105 DELINEATING HONEY PRODUCING SEASONS AND REGISTRATION PERIODS The normal buildup or honey producing season shall consist of the months of April through September. The regular registration time shall consist of the months of February through April. The procedure to void th…

4.12.106 INSPECTION OF APIARY EQUIPMENT 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. No permits for interstate movement of health certificates will be issued without…

4.12.107 INSPECTION OF PESTICIDES DAMAGES The department of agriculture may charge the actual costs of inspection of hives to determine the degree of pesticide damage. Authorizing statute(s): Sec. 80-6-301 MCA Implementing statute(s): Sec. 80-6-202 MCA History: NEW, Eff. 12/31/72…

4.12.108 HOURLY INSPECTION FEE 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 b…

4.12.109 CIVIL PENALTIES - ENFORCEMENT 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 i…

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 informatio…

4.12.111 REGULATED BEE DISEASES Bee diseases and pests regulated under Title 80, chapter 6, parts 1 through 3, MCA, are as follows: American Foulbrood ( Bacillus larvae ); Africanized bees ( Apis mellifera scutellata ); Cape bees ( Apis mellifera capensis ); Tropilaelaps mites ( …

4.12.112 DEFINITIONS "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 a…

4.12.113 REGISTRATION AND CERTIFICATION FEES-APIARY FEES 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. …

4.12.1201 PURPOSE OF RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): Sec. 80-6-1103 MCA History: NEW, 1981 p. 1779, Eff. 12/8/81; REP, 1987 MAR p. 1965, Eff. 10/30/87.

4.12.1202 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): Sec. 80-6-1102 MCA History: NEW, 1981 MAR p. 1779, Eff. 12/18/81; AMD, 1983 MAR p. 1081, Eff. 8/12/83; REP, 1990 MAR p. 378, Eff. 2/23/90.

4.12.1203 STANDARDS FOR CERTIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): Sec. 80-6-1105 MCA History: NEW, 1981 MAR p. 1779, Eff. 12/18/81; AMD, 1983 MAR p. 1081, Eff. 8/12/83; REP, 1987 MAR p. 1965, Eff. 10/30/87.