Montana Administrative Code

4.12.1222 MINIMUM STANDARD FOR LEAFCUTTING BEES REGISTERED BY THE DEPARTMENT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): Sec. 80-6-1103 MCA History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; REP, 1990 MAR p. 378, Eff. 2/23/90.

4.12.1223 SAMPLING PROCEDURE FOR THE REGISTRATION OF BEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): Sec. 80-6-1103 MCA History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; REP, 1990 MAR p. 378, Eff. 2/23/90.

4.12.1224 OFFICIAL CERTIFICATION PROCEDURES AND FEES In addition to the required registration of bees, beekeepers may certify bees according to the following procedure: All requests for official certification shall be made on forms provided by the committee. All certification fee…

4.12.1225 BEE SAMPLING PROCEDURE FOR THE CERTIFICATION OF BEES The following procedure shall be used to sample bees under the bee certification program: All bees must be in loose cell stage before samples can be taken. A 2 ounce sample shall be taken from each 200 pounds of bees …

4.12.1226 MINIMUM STANDARD FOR LEAFCUTTING BEES CERTIFIED BY THE COMMITTEE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): 80-6-1103 and 80-6-1105 MCA History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 378, Eff. 2/23/90; REP, …

4.12.1227 IMPORTED ALFALFA LEAFCUTTING BEES - CERTIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): Sec. 80-6-1103 and 80-6-1105 MCA History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 378, Eff. 2/23/90; REP, 1995 MAR p…

4.12.1228 SALES OF BEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-6-1103 MCA Implementing statute(s): 80-6-1105 MCA History: NEW, 1987 MAR p. 1965, Eff. 10/30/87; AMD, 1990 MAR p. 378, Eff. 2/23/90; REP, 1995 MAR p. 1793, Eff. 9/15/95.

4.12.1229 FEES ESTABLISHED FOR SERVICE SAMPLES 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. Au…

4.12.1230 DISEASE CONTROL - WILD TRAPPING PERMIT - FEE A person intending to engage in wild trapping shall apply to the committee for a permit prior to commencing trapping activities. The application for a permit to trap wild bees shall contain: name, address, location of wild tr…

4.12.1301 DEFINITIONS "Article" is any item subject to a quarantine. "Department" means the Department of Agriculture. "Accredited Certifying Official (ACO)" is a federal, state, or county official accredited to perform phytosanitary inspections and sign phytosanitary certificate…

4.12.1302 ESTABLISHING A QUARANTINE 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 qu…

4.12.1303 NOTIFICATION OF IMPORTS 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. The department must be in receipt of a…

4.12.1304 PERMITS 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, inspect…

4.12.1305 INSPECTIONS The department may inspect at any time, without notice, any business, location, conveyance, or records relating to such a business, location, or conveyance of: Any individual, business, distributor, or shipper that sends a notice of import and the receiver o…

4.12.1306 COMPLIANCE AGREEMENTS The department may enter into a compliance agreement with any person. Compliance agreements may be used to meet quarantine requirements that facilitate import, export, handling, and movement of quarantine articles or items. Anyone who enters into a…

4.12.1307 VIOLATIONS AND PENALTIES Violation Schedule 1st Offense Subsequent Offense Selling, distributing, propagating, rearing, planting, releasing, moving, or transporting a regulated article without a permit or compliance agreement. $2,500 $5,000 Knowingly bringing plants, pl…

4.12.1308 PLANT HEALTH QUARANTINES 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, insp…

4.12.1320 DEFINITIONS, JAPANESE BEETLE QUARANTINE (REPEALED) Authorizing statute(s): 80-7-402, MCA Implementing statute(s): 80-7-402, MCA History: NEW, 2000 MAR p. 1306, Eff. 5/26/00; REP, 2009 MAR p. 343, Eff. 3/27/09.

4.12.1321 INTERSTATE AND INTRASTATE QUARANTINE PERTAINING TO JAPANESE BEETLE (POPILLIA JAPONICA) (REPEALED) Authorizing statute(s): 80-7-402, MCA Implementing statute(s): 80-7-402, 80-7-404, MCA History: NEW, 2000 MAR p. 1306, Eff. 5/26/00; REP, 2009 MAR p. 343, Eff. 3/27/09.

4.12.1401 IMPORTATION OF NURSERY STOCK INTO THE STATE OF MONTANA IS HEREBY REPEALED. Authorizing statute(s): 80-7-111, 80-7-131 and 80-7-201, MCA Implementing statute(s): 80-7-111, 80-7-131, 80-7-201, 80-7-204, 80-7-205, 80-7-207, 80-7-208, and 80-7-209, MCA History: NEW, Eff. 10…

4.12.1402 WHO SHALL PAY CHARGES FOR INSPECTION AND FUMIGATION OF NURSERY STOCK IS HEREBY REPEALED. Authorizing statute(s): 80-7-111, MCA Implementing statute(s): 80-7-112 and 80-7-119, MCA History: NEW, Eff. 10/5/75; REP, 1994 MAR p. 24, Eff. 1/14/94.

4.12.1403 TREATMENT OF NURSERY STOCK BY FUMIGATION OR OTHER METHODS IS HEREBY REPEALED. Authorizing statute(s): 80-7-119, 80-7-131 and 80-7-204, MCA Implementing statute(s): 80-7-119, 80-7-131 and 80-7-204, MCA History: NEW, Eff. 10/5/75; REP, 1994 MAR p. 24, Eff. 1/14/94.

4.12.1404 LABELING OF NURSERY STOCK ACCORDING TO NAME, AGE, AND VARIETY IS HEREBY REPEALED. Authorizing statute(s): 80-7-131, MCA Implementing statute(s): 80-7-116 and 80-7-133, MCA History: NEW, Eff. 10/5/75; REP, 1994 MAR p. 24, Eff. 1/14/94.

4.12.1405 OTHER NURSERY 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 payment amount not received on or before the…

4.12.1406 DEFINITION IS HEREBY REPEALED. Authorizing statute(s): Sec. 80-7-201 MCA Implementing statute(s): Sec. 80-7-203, 80-7-111 and 80-7-204 MCA History: NEW, Eff. 10/5/75; REP, 1994 MAR p. 24, Eff. 1/14/94.

4.12.1407 RIGHT TO HOLD NURSERY STOCK FOR INSPECTION--CONDEMNATION OF PRODUCTS 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 d…

4.12.1408 PREVENTING SPREAD OF CONTAGIOUS DISEASE AMONG FRUIT TREES (REPEALED) Authorizing statute(s): 80-7-205, MCA Implementing statute(s): 80-7-204, MCA History: NEW, Eff. 10/5/75; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1409 QUARANTINE OF PLANT MATERIALS AND NURSERIES 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…

4.12.1410 GENERAL (REPEALED) 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; REP, MAR p. 206, Eff. 1/31/14.

4.12.1411 DEFINITIONS "Audit" means a systematic and independent examination to determine whether an auditee's activities conform with prescribed objectives. "Certification Program" means a comprehensive process established and authorized by a state or other governmental entity f…

4.12.1412 REQUIREMENTS (REPEALED) 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; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1413 SCION-BLOCKS (REPEALED) 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; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1414 SEED-BLOCKS (REPEALED) 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; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1415 STOOL-BEDS (REPEALED) 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; 2014 MAR p. 206, Eff. 1/31/14.

4.12.1416 NURSERY STOCK (REPEALED) 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; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1417 INSPECTION PROCEDURE (REPEALED) 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; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1418 TESTING PROCEDURES (REPEALED) 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; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1419 CERTIFICATION OF GROWING SITES (REPEALED) Authorizing statute(s): 80-1-102, 80-7-402, MCA Implementing statute(s): 80-7-122, 80-7-402, MCA History: NEW, 1982 MAR p. 1095, Eff. 5/28/82; AMD, 1994 MAR p. 24, Eff. 1/14/94; AMD, 2007 MAR p. 1811, Eff. 11/9/07; REP, 2014 MAR…

4.12.1420 TAGGING AND IDENTITY (REPEALED) 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; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1421 MONTANA CERTIFIED FRUIT TREE NURSERY STOCK AND SEED (REPEALED) Authorizing statute(s): 80-7-112, MCA Implementing statute(s): 80-7-119, MCA History: NEW, 1982 MAR p. 1095, Eff. 5/28/82; REP, 2014 MAR p. 206, Eff. 1/31/14.

4.12.1422 REGULATED LOOSESTRIFE ARTICLES (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.

4.12.1423 CONDITIONS GOVERNING IMPORTATION OF LOOSESTRIFE ARTICLES - 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.

4.12.1424 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…