Montana Administrative Code

4.12.732 INDICATING DEVICES 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. Authorizing statute(s): Sec. 80-10-503,…

4.12.733 STORAGE INSTALLATIONS FOR NITROGEN FERTILIZER SOLUTIONS 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 govern…

4.12.734 SYSTEMS MOUNTED ON TRUCKS, SEMI-TRAILERS AND TRAILERS FOR TRANSPORTATION OF NITROGEN FERTILIZER SOLUTIONS ARM 4.12.725 applies to this section. Mounting containers in trucks: Stops (wood or metal blocks) shall be mounted on the truck, semi-trailer, trailer, or on the con…

4.12.735 SYSTEMS MOUNTED ON VEHICLES AND IMPLEMENTS OF HUSBANDRY FOR THE TRANSPORTATION OF NITROGEN FERTILIZER SOLUTIONS 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 ve…

4.12.736 SYSTEMS MOUNTED ON VEHICLES AND IMPLEMENTS OF HUSBANDRY FOR THE APPLICATION OF NITROGEN FERTILIZER SOLUTIONS Working pressure and classifications of containers. Containers shall be constructed in accordance with ARM 4.12.725. Mounting of containers shall be as follows: E…

4.12.737 CERTIFIED STATEMENT 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 fil…

4.12.738 RIGHT OF ENTRY FOR INSPECTIONS 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. Authorizing statute(s):…

4.12.739 ENFORCEMENT 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. The notice of violation shall include: the nature and evidence of the vi…

4.12.740 REQUEST FOR VARIANCE 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 …

4.12.741 VARIANCE PROCEDURE The Montana department of agriculture may grant a temporary or permanent variance if it finds that: the present or proposed anhydrous ammonia facility does not constitute a danger to public health or safety and; compliance with the rules from which the…

4.12.742 PRE-EXISTING FACILITIES 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 saf…

4.12.743 TABLES 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 Sq.…

4.13.1001 GRAIN FEE SCHEDULE (REPEALED) Authorizing statute(s): 80-4-403, MCA Implementing statute(s): 80-4-721, MCA History: NEW, Eff. 12/31/72; AMD, Eff. 2/3/75; AMD, 1981 MAR p. 1778, Eff. 12/18/81; AMD, 1985 MAR p. 597, Eff. 5/31/85; AMD, 1987 MAR p. 252, Eff. 3/13/87; AMD, 1…

4.13.1001A GRAIN FEE SCHEDULE (REPEALED) Authorizing statute(s): 80-4-403, 80-4-721, MCA Implementing statute(s): 0-4-721, MCA History: NEW, 1996 MAR p. 2842, Eff. 10/25/96; AMD, 1998 MAR p. 1276, Eff. 5/15/98; AMD, 2002 MAR p. 1548, Eff. 5/31/02; AMD, 2004 MAR p. 1470, Eff. 7/2/…

4.13.1001B GRAIN FEE SCHEDULE Effective Date: The effective date of this rule is July 1, 2022. General Provisions: These General provisions applying to all sections of this rule are as follows: Service Hours: Normal office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. A…

4.13.1002 GRAIN STANDARDS 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…

4.13.1003 STANDARDS FOR GRADING HULLESS BARLEY 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. Chapter 1 of the handbook generally …

4.13.1004 BARLEY PROTEIN (REPEALED) Authorizing statute(s): 80-4-709, 80-4-721, MCA Implementing statute(s): 80-4-704, 80-4-709, 80-4-710, 80-4-721, MCA History: NEW, 1991 MAR p. 1549, Eff. 8/30/91; AMD, 1998 MAR p. 346, Eff. 1/30/98; REP, 2005 MAR p. 1280, Eff. 7/15/05.

4.13.1005 MALTING BARLEY GERMINATION The state grain laboratory will use either the 48 hour hydrogen peroxide or the Aubry blotter method for purposes of determining malting barley germination. The procedure for both methods are stated, and hereby incorporated by reference, in th…

4.13.1006 CHIT 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 acrosp…

4.13.1007 STARCH STRENGTH The laboratory will use what is known as the falling number method for measuring starch strength for wheat flour. The procedure used, and which is hereby incorporated by reference, is that stated under the "U.S. Agricultural Marketing Act", program direc…

4.13.1008 STANDARDS FOR GRADING CULTIVATED BUCKWHEAT 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. Chapter 2 of the h…

4.13.1009 STANDARDS FOR GRADING MUSTARD SEED 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. Chapter 3 of the handbook generall…

4.14.101 ORGANIZATION RULE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-12-103 MCA Implementing statute(s): Sec. 2-4-201 MCA History: NEW, 1984 MAR p. 363, Eff. 3/1/84; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.14.201 PROCEDURAL RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-12-103, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1984 MAR p. 363, Eff. 3/1/84; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.14.202 PUBLIC PARTICIPATION RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-12-103, MCA Implementing statute(s): Sec. 2-3-103, MCA History: NEW, 1984 MAR p. 363, Eff. 3/1/84; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.14.301 DEFINITIONS When used in these rules, unless the context clearly requires a different meaning: The "Act" means the Montana Agricultural Loan Authority Act, created by S.B. 316, (1983) , and codified in Title 80, chapter 12, MCA. "Agricultural improvements" means any impr…

4.14.302 LOAN POWERS AND ELIGIBLE LOAN ACTIVITIES Title 80, chapter 12, MCA, authorizes the authority to provide loans for a variety of purposes. Eligible loan activities consist of financing purchases of depreciable agricultural property, agricultural improvements, and agricultu…

4.14.303 LOAN MAXIMUMS (REPEALED) 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, 1984 MAR p. 1752, Eff. 11/30/84; AMD, 2001 MAR p. 1723, Eff. 9/7/01; AMD, 2008 MAR p. 2265, Eff. 10/24/08; REP, 2010 M…

4.14.304 LOAN MINIMUMS (REPEALED) Authorizing statute(s): 80-12-103, MCA Implementing statute(s): 80-12-103, MCA History: NEW, 1984 MAR p. 363, Eff. 3/1/84; REP, 2008 MAR p. 2265, Eff. 10/24/08.

4.14.305 APPLICANT ELIGIBILITY Basic program applicant eligibility requirements are: The beginning farmer/rancher must be a minimum of 18 years of age; The beginning farmer/rancher must be a resident of Montana at the time the loan is closed; The beginning farmer/rancher must hav…

4.14.306 APPLICATION PROCEDURES 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 Hele…

4.14.307 LOANS TO BEGINNING FARMERS/RANCHERS AND SECURITY ARRANGEMENTS 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 indiv…

4.14.308 USE OF FINANCIAL AND SECURITY DOCUMENTS 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 th…

4.14.309 REPAYMENT OF LOANS 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. The beginning farmer/rancher repayment obligations un…

4.14.310 ASSIGNMENT OF BONDS 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 assign…

4.14.311 FEES AND TERMS OF LOAN 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 fa…

4.14.312 FINANCIAL INSTITUTIONS 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…

4.14.313 PROCEDURES FOLLOWING BOND ISSUANCE 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 begi…

4.14.314 ASSUMPTION OF LOANS, SUBSTITUTION OF COLLATERAL AND TRANSFER OF PROPERTY 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 m…

4.14.315 PUBLIC HEARING 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 …

4.14.316 RIGHT TO AUDIT 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. Authorizing statute(s): 80-12-103, MCA Implem…

4.14.601 TAX DEDUCTION 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 t…

4.14.801 DISCLAIMER 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 resp…

4.15.101 FEES IS HEREBY REPEALED Authorizing statute(s): Sec. 80-13-104 MCA Implementing statute(s): Sec. 80-13-111 MCA History: NEW, 1978 MAR p. 1342, Eff. 8/14/87; REP, 1994 MAR p. 1989, Eff. 7/22/94.

4.15.201 MEDIATION SCHEDULING AND AGREEMENT PROCEDURES IS HEREBY REPEALED Authorizing statute(s): Sec. 80-13-104 MCA Implementing statute(s): 80-13-201, 80-13-202, 80-13-203 MCA History: NEW, 1989 MAR p. 1278, Eff. 9/1/90; REP, 1994 MAR p. 1989, Eff. 7/22/94.

4.16.101 ORGANIZATIONAL RULE The Montana Agriculture Development Council ("council") was created in 1987 and transferred to the Department of Agriculture by 2-15-3015, MCA. The council consists of seven members appointed by the governor, including the director of the Department o…

4.16.102 PROCEDURAL RULES 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…

4.16.103 CITIZEN PARTICIPATION RULES 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 Deve…

4.16.104 COUNCIL REVIEW PROCESS PRIOR TO LOAN OR GRANT Prior to making an initial loan or grant determination, the council must: direct the department to ensure applications are completed as required by ARM 4.16.503 or ARM 4.23.103; review all complete applications and the accomp…