Montana Administrative Code

4.16.201 DEFINITIONS In addition to the definitions set forth in 90-9-103, MCA, the following definitions apply for purposes of these rules: "Act" means the provisions of Title 90, chapter 9, MCA. "Marketing" means those efforts undertaken to expand the salability of the products…

4.16.301 APPLICATION PROCEDURES FOR A SEED CAPITAL PROJECT LOAN - SUBMISSION AND USE OF EXECUTIVE SUMMARY (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-311, 90-9-312, 90-9-913, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 …

4.16.302 APPLICATION PROCEDURES FOR A SEED CAPITAL PROJECT LOAN - SUBMISSION OF BUSINESS PLAN (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-301, 90-9-311, 90-9-312, 90-9-313, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 MA…

4.16.303 APPLICATION PROCEDURES FOR A SEED CAPITAL PROJECT LOAN - REVIEW PROCESS (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-311, 90-9-312, 90-9-313, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; AMD, 2005 MAR p. 1909, Eff. 10/7/05…

4.16.304 APPLICATION PROCEDURES FOR A SEED CAPITAL PROJECT LOAN - COUNCIL ACTION (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-202, 90-9-203, 90-9-301, 90-9-311, 90-9-312, 90-9-313, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 MAR p…

4.16.305 SEED CAPITAL PROJECT LOAN - POST-DISBURSEMENT ACTIVITIES (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-311, 90-9-312, 90-9-313, 90-9-316, 90-9-317, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 MAR p. 216, Eff. 1/2…

4.16.401 APPLICATION PROCEDURES FOR A RESEARCH AND DEVELOPMENT PROJECT LOAN - SUBMISSION AND USE OF EXECUTIVE SUMMARY (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-311, 90-9-314, 90-9-315, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89…

4.16.402 APPLICATION PROCEDURES FOR A RESEARCH AND DEVELOPMENT PROJECT LOAN - SUBMISSION OF RESEARCH AND DEVELOPMENT PROPOSAL (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-301, 90-9-311, 90-9-314, 90-9-315,MCA History: NEW, 1989 MAR p. 1…

4.16.403 APPLICATION PROCEDURES FOR A RESEARCH AND DEVELOPMENT PROJECT LOAN - EVALUATION - DUE DILIGENCE (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-311, 90-9-314, 90-9-315, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 M…

4.16.404 APPLICATION PROCEDURES FOR A RESEARCH AND DEVELOPMENT PROJECT LOAN - REVIEW PROCESS (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-311, 90-9-314, 90-9-315, MCA History: NEW 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 MAR p. 216, Ef…

4.16.405 APPLICATION FOR A RESEARCH AND DEVELOPMENT PROJECT LOAN - COUNCIL ACTION (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-202, 90-9-203, 90-9-301, 90-9-311, 90-9-314, 90-9-315, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 MAR …

4.16.406 RESEARCH AND DEVELOPMENT PROJECT LOANS - MONITORING REPORTS (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, 90-9-311, 90-9-314, 90-9-315, 90-9-316, 90-9-318, MCA History: NEW, 1989 MAR p. 1190, Eff. 8/18/89; REP, 2010 MAR p. 216, Eff. …

4.16.501 FAILURE TO COMMERCIALIZE OR PRODUCE IN MONTANA - ALL LOAN PROGRAMS (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-202, 90-9-203, 90-9-311, 90-9-312, 90-9-313, 90-9-314, 90-9-315, 90-9-316, 90-9-317, 90-9-318, MCA History: NEW, 1989 MAR p. …

4.16.502 RIGHTS TO INTELLECTUAL PROPERTY- CONFIDENTIALITY - ALL LOAN PROGRAMS (REPEALED) Authorizing statute(s): 90-9-203, 2-3-103, MCA Implementing statute(s): 90-9-202, 90-9-203, 90-9-311, 90-9-312, 90-9-313, 90-9-314, 90-9-315, 90-9-316, 90-9-317, 90-9-318, MCA History: NEW, 1…

4.16.503 APPLICATION FOR GRANTS AND LOANS In order to apply for a grant or loan, an applicant must: Complete the application form. If seeking a grant, complete the grant eligibility portion of the application. Provide a credit report for all parties seeking the loan or grant. If …

4.16.504 TARGETED AREAS 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. Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90…

4.16.505 HIGH INTEREST RATE The high interest rate will be reviewed and set by the Council at least annually. Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, MCA History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

4.16.506 LOW INTEREST RATE The low interest rate will be reviewed and set by the Council at least annually. Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, MCA History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

4.16.507 LOW INTEREST ELIGIBILITY The Council may allow the low interest rate for projects that fall within a targeted area. Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, MCA History: NEW, 2010 MAR p. 216, Eff. 1/29/10.

4.16.508 RECONSIDERATION OF APPLICATIONS 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. Authorizing statute(s): 90-9-203, MCA Implementing st…

4.16.509 APPLICATION LIMIT 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.…

4.16.510 REIMBURSEMENT 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. Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, MCA History: NEW, 2010 MAR p. 216, Ef…

4.16.511 FUNDING FOR SALARIES OR OVERHEAD 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. Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-203, MCA History…

4.16.512 POST-DISBURSEMENT MONITORING OF LOANS AND GRANTS Each recipient of a loan or grant must provide the council with the following reports: semiannual reports due on July 31 and January 31 of each year in which a loan or grant is active; and a final report due within 30 days…

4.16.513 FAILURE TO MEET CONDITIONS OF LOAN OR GRANT 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. The council shall consider the reported default at a regularly scheduled quarterly meeting …

4.16.601 AGRICULTURAL BUSINESS INCUBATOR PROGRAM-PURPOSE-INVESTMENTS-CRITERIA AND LIMITATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 90-9-203 MCA Implementing statute(s): Sec. 90-9-302 MCA History: TRANS & AMD, 1989 MAR p. 1190, Eff. 8/18/89; REP, 1996 MAR p. 545, Eff.…

4.16.701 AGRICULTURAL MARKETING AND BUSINESS DEVELOPMENT PROGRAM; PURPOSE, GOALS, AND CRITERIA 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 o…

4.16.702 APPLICATION PROCEDURES FOR AN AGRICULTURAL MARKETING AND BUSINESS DEVELOPMENT INVESTMENT – SUBMISSION AND USE OF INVESTMENT PROPOSAL (REPEALED) Authorizing statute(s): 90-9-203, MCA Implementing statute(s): 90-9-202, 90-9-203, 90-9-303, 90-9-311, 90-9-401, MCA History: N…

4.16.801 RIGHTS TO INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION - CONFIDENTIALITY - AGRICULTURE MARKETING AND BUSINESS DEVELOPMENT ASSISTANCE (REPEALED) Authorizing statute(s): 2-15-112, MCA Implementing statute(s): 80-1-102, 80-11-103, MCA History: NEW, 2003 MAR p. 216, Eff…

4.17.101 DEFINITIONS These definitions apply to all rules adopted under authority of Title 80, chapter 11, part 6, MCA. "Department" means the Montana Department of Agriculture. "Director" means the director of the Montana Department of Agriculture or a designee. "Handling operat…

4.17.102 ADOPTION OF ORGANIC PROGRAM REGULATIONS 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 D…

4.17.103 APPOINTMENT AND COMPENSATION OF ORGANIC COMMODITY ADVISORY COUNCIL 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: one consumer from the public at large; fou…

4.17.104 STATE SEAL 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. The department's organic seal…

4.17.105 APPLICATION PROCEDURES 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. The department may certify contract production or handling of organic products fo…

4.17.106 APPLICATION FEES AND FEES FOR SERVICES Application fees for producers are as follows: a new applicant will receive a $100 credit to be applied to the first-year fees; the application fee for an operation with gross annual organic sales from $0 to $20,000.99 is $600; the …

4.17.107 ANNUAL REPORT AND ASSESSMENT FEES 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…

4.17.108 CERTIFICATION OF EXEMPT AND EXCLUDED OPERATIONS The department may certify operations that are exempted or excluded from certification pursuant to 7 CFR 205.101. Such certification is voluntary. Application procedures, fees, and certification standards will be as provide…

4.17.109 CONVERSION PROGRAM 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…

4.17.110 TRANSACTION DOCUMENTATION FORMS 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 u…

4.17.111 RECORDS 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 mus…

4.17.112 SAMPLING 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 ob…

4.17.113 COMPLAINTS AND INVESTIGATIONS 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 s…

4.17.114 COMPLIANCE ENFORCEMENT AND PENALTIES 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: the department and applicants for certification wi…

4.17.115 MEDIATION 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 media…

4.18.101 DEFINITIONS (REPEALED) Authorizing statute(s): 80-11-801, MCA Implementing statute(s): 80-11-801, MCA History: NEW, 2008 MAR p. 564, Eff. 3/28/08; REP, 2019 MAR p. 1047, Eff. 7/27/19.

4.18.102 APPLICATION AND PROGRAM AGREEMENT (REPEALED) Authorizing statute(s): 80-11-801, MCA Implementing statute(s): 80-11-801, MCA History: NEW, 2008 MAR p. 564, Eff. 3/28/08; REP, 2019 MAR p. 1047, Eff. 7/27/19.

4.18.103 PROGRAM REQUIREMENTS (REPEALED) Authorizing statute(s): 80-11-801, MCA Implementing statute(s): 80-11-801, MCA History: NEW, 2008 MAR p. 564, Eff. 3/28/08; REP, 2019 MAR p. 1047, Eff. 7/27/19.

4.18.104 RECORD KEEPING (REPEALED) Authorizing statute(s): 80-11-801, MCA Implementing statute(s): 80-11-801, MCA History: NEW, 2008 MAR p. 564, Eff. 3/28/08; REP, 2019 MAR p. 1047, Eff. 7/27/19.

4.18.105 INSPECTIONS AND AUDITS (REPEALED) Authorizing statute(s): 80-11-801, MCA Implementing statute(s): 80-11-801, MCA History: NEW, 2008 MAR p. 564, Eff. 3/28/08; REP, 2019 MAR p. 1047, Eff. 7/27/19.

4.18.106 FEES AND COSTS (REPEALED) Authorizing statute(s): 80-11-801, MCA Implementing statute(s): 80-1-103, 80-11-801, MCA History: NEW, 2008 MAR p. 564, Eff. 3/28/08; REP, 2019 MAR p. 1047, Eff. 7/27/19.