AGRICULTURAL SCIENCES DIVISION

4.12.1424 FAILURE TO OBTAIN PERMIT OR VIOLATION OF TERMS OF PERMIT (REPEALED) Authorizing statute(s): 80-7-702, MCA Implementing statute(s): 80-7-701, MCA History: NEW, 1992 MAR p. 199, Eff. 2/14/92; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1425 CIVIL PENALTIES - ENFORCEMENT FOR PRODUCE 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 th…

4.12.1426 CIVIL PENALTIES - MATRIX, FOR PRODUCE Type of Violation 1st Offense 2nd Offense Subsequent Offenses 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 Mis…

4.12.1427 INSPECTION FEES Regular shipping point inspection fees are as follows: All produce - 9.5 cents per unit. Inspection tags - 20 cents per tag. Cost Recovery: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the servi…

4.12.1428 ASSESSMENT FEES ON ALL PRODUCE The assessment fee on all produce except produce grown in Montana and inspected at shipping point shall be 6 cents per each produce unit. The department may assess a 10% penalty (based on the previous quarterly assessment report fee amount…

4.12.1429 PRODUCTS DESIGNATED AS PRODUCE--PRODUCE UNIT QUANTIFIED 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 a…

4.12.1430 CIVIL PENALTIES - ENFORCEMENT FOR NURSERY 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 initiat…

4.12.1431 CIVIL PENALTIES - MATRIX Type of Violation 1st Offense 2nd Offense Subsequent Offenses Operating without a nursery license or refusal to pay the licensing fee required after being fully advised of its requirement. $300 $600 $1000 Misrepresenting information supplied reg…

4.12.1432 PREVENTING SPREAD OF LATE BLIGHT DISEASE OF POTATOES (SOLANUM TUBEROSUM L.) (REPEALED) Authorizing statute(s): 80-7-121, MCA Implementing statute(s): 80-7-121, MCA History: NEW, 1996 MAR p. 900, Eff. 4/5/96; REP, 2009 MAR p. 343, Eff. 3/27/09.

4.12.1433 NURSERY RISK CATEGORY 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 sch…

4.12.1434 NURSERY RISK FACTORS The department shall determine each nursery's risk based on the following factors: origin or source of nursery stock; distribution of nursery stock; sales of regulated nursery stock; quarantine or other regulated areas, including quarantine violatio…

4.12.1435 LENGTH OF INSPECTIONS Length of inspection will be based on the following factors: size and type of operation; variety of plant material; import/export activity; presence of prohibited material or organisms; and violations of law or rule. Authorizing statute(s): 80-7-10…

4.12.1436 COST OF INSPECTIONS (REPEALED) Authorizing statute(s): 80-7-108, MCA Implementing statute(s): 80-7-108, MCA History: NEW, 2012 MAR p. 735, Eff. 4/13/12; REP, 2017 MAR p. 1949, Eff. 10/28/17.

4.12.1437 CONTESTED RISK CATEGORY 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 change…

4.12.1438 FEDERAL FEES OR CHARGES 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 arr…

4.12.1439 CLEAN PLANT AND INDEXING CERTIFICATION Plant and plant propagative indexing is a systems- and audit-based program. Participation in clean plant and indexing certification programs is voluntary. The department will provide necessary services for certification of plant st…

4.12.1440 DEPARTMENT CLEAN PLANT AND INDEXING CERTIFICATION RESPONSIBILITIES The department will: Administer a clean plant and indexing certification program; Determine eligibility criteria for plants, plant and propagative materials for inclusion in the program; Identify eligibi…

4.12.1441 CLEAN PLANT AND INDEXING CERTIFICATION PLANS Clean plant and indexing certification plans must include, at a minimum, the following elements: Identification and quantification of all plant materials eligible for registration and certification; Origin or source of identi…

4.12.1442 APPLICANT AND CERTIFIED CLEAN PLANT AND INDEXING ENTITY RESPONSIBILITIES The applicant and certified individual or entities will: Be registered or licensed in appropriate areas, e.g., nursery licensure is required for all plant materials covered under the definition of …

4.12.1443 CLEAN PLANT AND INDEXING CERTIFICATION ENFORCEMENT 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: The requirements of this chapter have not been met; The p…

4.12.1444 PHYTOSANITARY INSPECTION AND CERTIFICATION COSTS -- FEES 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 paymen…

4.12.1445 NURSERY FEES 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…

4.12.1501 COMMITTEE ORGANIZATION (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1989 MAR p. 1839, Eff. 11/10/89; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.12.1502 COMMITTEE PROCEDURE (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-403, MCA History: NEW, 1989 MAR p. 1839, Eff. 11/10/89; AMD, 2008 MAR p. 942, Eff. 5/9/08; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.12.1503 FIELD INSPECTION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-11-403 MCA Implementing statute(s): Sec. 80-11-411, 80-22-411 MCA History: NEW, 1989 MAR p. 1839, Eff. 11/10/89; REP, 1993 MAR p. 1637, Eff. 7/30/93.

4.12.1504 FEE ON ALL MINT OIL PRODUCED (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-412, MCA History: NEW, 1989 MAR p. 1839, Eff. 11/10/89; AMD, 1991 MAR p. 813, Eff. 5/31/91; AMD, 1993 MAR p. 1637, Eff. 7/30/93; REP, 2015 MAR p. 2136, Eff. 12/…

4.12.1505 RECORDS REQUIRED (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-416, MCA History: NEW, 1989 MAR p. 1839, Eff. 11/10/89; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.12.1506 MINT OIL PURCHASER LICENSE REOUIRED (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-414, 80-11-417, MCA History: NEW, 1989 MAR p. 1839, Eff. 11/10/89; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.12.1507 DEFINITIONS (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-401, MCA History: NEW, 1995 MAR p. 1323, Eff. 7/14/95; AMD, 2001 MAR p. 165, Eff. 1/26/01; REP, 2015 MAR p. 1236, Eff. 12/11/15.

4.12.1508 CONDITIONS GOVERNING IMPORTATION OF MINT AND MINT ROOTSTOCK (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-401, MCA History: NEW, 1995 MAR p. 1323, Eff. 7/14/95; AMD, 1997 MAR p. 1450, Eff. 8/19/97; AMD, 2001 MAR p. 165, Eff. 1/26/01; R…

4.12.1509 CONDITIONS GOVERNING IMPORTATION OF MINT EQUIPMENT (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-401, MCA History: NEW, 1995 MAR p. 1323, Eff. 7/14/95; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.12.1510 RIGHT TO CONTEST COMMITTEE ACTION (REPEALED) Authorizing statute(s): 80-11-403, MCA Implementing statute(s): 80-11-401, MCA History: NEW, 1995 MAR p. 1323, Eff. 7/14/95; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.12.1801 DEFINE FARM PRODUCTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-110 and 80-3-303 MCA Implementing statute(s): 80-3-101 and 80-3-303 MCA History: NEW, Eff. 10/5/75; REP, 1993 MAR p. 1636, Eff. 7/30/93.

4.12.1802 THE TERM "LEGIBLY AND CONSPICUOUSLY" DEFINED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-110 and 80-3-303 MCA Implementing statute(s): 80-3-107 and 80-3-303 MCA History: NEW, Eff. 10/5/75; REP, 1993 MAR p. 1636, Eff. 7/30/93.

4.12.1803 SALE OF FARM PRODUCTS BY PRODUCER (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-110 and 80-3-303 MCA Implementing statute(s): 80-3-102 and 80-3-303 MCA History: NEW, Eff. 10/5/75; REP, 1993 MAR p. 1636, Eff. 7/30/93.

4.12.1804 PROCLAIMING AND ESTABLISHING U.S. STANDARD GRADES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-103 and 80-3-303 MCA Implementing statute(s): 80-3-104 and 80-3-303 MCA History: NEW, 10/5/75; AMD, Eff. 6/30/79; REP, 1993 MAR p. 1636, Eff. 7/30/93.

4.12.1805 STOP SALE ON FARM PRODUCTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-106 and 80-3-303 MCA Implementing statute(s): 80-3-110 and 80-3-303 MCA History: NEW, Eff. 10/5/75; REP, 1993 MAR p. 1636, Eff. 7/30/93.

4.12.1806 INSPECTION OF ALL FRUITS, VEGETABLES --COLLECTION OF FEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-110 and 80-3-303 MCA Implementing statute(s): 80-3-303 and 80-7-111 MCA History: NEW, Eff. 10/5/75; AMD, 9/6/76; AMD, 1980 MAR p. 2190, Eff. 7/18/80; AMD, 19…

4.12.1807 OVERTIME INSPECTION FEE CHARGE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-3-110 and 80-3-303 MCA Implementing statute(s): 80-3-303 and 80-7-111 MCA History: NEW, Eff. 10/5/75; REP, 1993 MAR p. 1636, Eff. 7/30/93.

4.12.1808 DEFINITIONS "Department" means the Montana Department of Agriculture. "Established Protocol" means a sampling practice and procedure already recognized by the department. "Requester" means the party that first asked the department to take a sample. Authorizing statute(s…

4.12.1809 SAMPLING REQUESTS A sampling request must be made in writing either mailed, e-mailed, or faxed to the department. The request must identify all parties involved and provide contact information for them. The request must identify the variety of all crops involved as well…

4.12.1810 ESTABLISHING A NEW PROTOCOL 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. The department …

4.12.1811 COST RECOVERY FEES The department will charge fees to recover the costs involved as outlined below: hourly rate of personnel for travel time; hourly rate of personnel for sampling time; the rate will be set by the department on an annual basis to ensure all anticipated …

4.12.1812 MEDIATION All mediation correspondence and notices to the department will be in writing. All mediations will follow the notice requirements of informal administrative contested case hearings. Anyone wishing to be on the list of mediators will provide a resume including …

4.12.201 DEFINITIONS AND TERMS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-9-103 MCA Implementing statute(s): Sec. 80-9-101 MCA History: NEW, Eff. 8/4/76; REP, 1995 MAR p. 2126, Eff. 10/1/96.

4.12.202 LABEL FORMAT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-9-103 MCA Implementing statute(s): Sec. 80-9-202 MCA History: NEW, Eff. 8/4/76; REP, 1995 MAR p. 2126, Eff. 10/1/96.

4.12.203 BRAND AND PRODUCT NAMES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-9-103 MCA Implementing statute(s): Sec. 80-9-203 MCA History: NEW, Eff. 8/4/76; REP, 1995 MAR p. 2126, Eff. 10/1/96.

4.12.204 EXPRESSIONS OF GUARANTEE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-9-103 MCA Implementing statute(s): Sec. 80-9-202 MCA History: NEW, Eff. 8/4/76; REP, 1995 MAR p. 2126, Eff. 10/1/96.

4.12.205 INGREDIENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-9-103 MCA Implementing statute(s): Sec. 80-9-202 MCA History: NEW, Eff. 8/4/76; REP, 1995 MAR p. 2126, Eff. 10/1/96.

4.12.206 DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-9-103 MCA Implementing statute(s): Sec. 80-9-202 MCA History: NEW, Eff. 8/4/76; REP, 1995 MAR p. 2126, Eff. 10/1/96.