Montana Administrative Code

4.18.112 ENFORCEMENT (REPEALED) Authorizing statute(s): 80-11-801, MCA Implementing statute(s): 80-11-801, MCA History: NEW, 2008 MAR p. 564, Eff. 3/28/08; REP, 2019 MAR p. 1047, Eff.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

4.19.101 DEFINITIONS "Clone" means an organism developed asexually from another and genetically identical to it, such as a group of genetically identical plants produced by vegetative propagation, including but not limited to cutting, grafting, or division. "Hemp" means the plant…

4.19.102 APPLICATION FOR MONTANA STATE HEMP PROGRAM LICENSE An applicant must: provide the information required by state law for a hemp license on the form provided by the department; apply to the department for participation in the program by May30 for outdoor grows; application…

4.19.103 MONTANA STATE HEMP PROGRAM An applicant to the Montana State Hemp Program must: not be forbidden from participating by a federal agency and agree to a criminal background check; meet any additional requirements that the USDA or FDA places on the department for the contin…

4.19.104 PROGRAM FEES The fee for a Montana State Hemp License is $1,100. The department may assess a processing feeof $100 for any late (postmarked or sent electronically) or incomplete documentation associated with the licensing process. The department may assess a change fee o…

4.19.105 LAB TESTING FEES The department will charge any licensee or law enforcement agency $250 per test for THC levels of a plant. Any lab approved by DPHHS for THC testing for medical marijuana may be used by hemp growers for THC testing. The department may approve third party…

4.19.106 PENALTIES OR REVOCATIONS After notice to the licensee, the department may suspend a license and start an administrative hearing under MAPA for permanent revocation. The department may suspend or terminate the hemp license for any violation of county, state, or federal la…

4.19.107 HEMP VARIETY Applicants must inform the department of varieties plantedand the location of each variety by sending the information to the department. The department will send the full Montana State Hemp License for the year after receiving the required information from t…

4.19.108 HEMP VARIETY CATEGORIES Categories will be as follows: Category A are certifiedvarieties formally approved by the department, Category B are certified varieties approved by other states or countries at a level equivalent to the department, Category C are all other hempcu…

4.19.109 PROHIBITION ON GROWING BOTH HEMP AND MEDICAL MARIJUANA A licensed hemp grower in Montana may not grow both hemp and medical marijuana at the same location unless one is grown indoors and the other is grown outdoors or both are grown in separate buildings at the same loca…

4.19.110 HEMP SAMPLING The department is authorized to inspect and sample all lots of hemp to determine compliance with this Act. Properly licensed growers may self-sample to determine THC levels and to indicate trends in THC levels, but these samples will not be considered offic…

4.19.111 RESEARCH PROGRAM A grower must apply for and receive a hemp research license, in addition to the standard hemp grower license, before being allowed to conduct research and cultivate hemp plants (excluding research already exempted in 80-18-103(3), MCA) not intended for c…

4.19.112 VOLUNTEER HEMP A grower must take reasonable steps to prevent or destroy volunteer hemp plants that arise and may be responsible for the costs to control plants that spread into nearby properties. Authorizing statute(s): 80-1-102, 80-18-107, MCA Implementing statute(s): …

4.19.113 INSPECTION AND LABORATORY FEES An additional laboratory testing fee of $250 will be charged for each additional sample tested. An additional inspection fee of $250 will be charged for each inspection conducted after the initial inspection. Authorizing statute(s): 80-1-10…

4.19.201 HEMP PROCESSING LICENSE AND FEE (REPEALED) Authorizing statute(s): 80-18-107, MCA Implementing statute(s): 80-18-102, 80-18-103, 80-18-107, MCA History: NEW, 2019 MAR p. 1369, Eff. 8/24/19; REP, 2022 MAR p. 1657, Eff. 8/6/22.

4.19.202 HEMP PROCESSING FOR A COMMODITY DEALER A person or entity with a Hemp Processing License for calendar year 2019 to 2020 may contract with licensed Montana hemp producers without a Commodity Dealer License under the following conditions: the hemp producer acknowledges the…

4.19.203 PROCESSING WITH A GROWER'S LICENSE A licensed grower vertically integrated as a hemp processor must abide by all state, tribal, USDA, FDA, and DEA requirements related to the processing, handling, and distribution of hemp and hemp derivatives, including the transportatio…

4.2.101 MODEL PROCEDURAL RULES The Department of Agriculture adopts and incorporates the Attorney General's model rules as stated in ARM 1.3.201 through 1.3.233 together with the exceptions and additions set forth in ARM 4.2.102. Authorizing statute(s): 2-4-202, MCA Implementing …

4.2.102 EXCEPTIONS AND ADDITIONS FOR AGRICULTURAL SCIENCES DIVISION ARM 1.3.307 requirements are modified by 80-8-105(1), MCA. Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, MCA History: Eff. 3/7/76; AMD, 1978 MAR p. 384, Eff. 3/25/78; AMD, 1994 MAR p. 198…

4.2.103 EXCEPTIONS AND ADDITIONS FOR PLANT INDUSTRY DIVISION IS HEREBY REPEALED Authorizing statute(s): Sec. 2-4-412 MCA Implementing statute(s): Sec. 2-4-202 MCA History: Eff. 3/7/76; AMD, 1978 MAR p. 384, Eff. 3/25/78; REP, 1994 MAR p. 1987, Eff. 7/22/94.

4.2.201 POLICIES AND OBJECTIVES Public participation is to be allowed to the fullest extent practicable and consistent with the other requirements of state law and the rights and requirements of personal privacy. Greater responsiveness of governmental actions to public concern an…

4.2.202 GUIDELINES Covers guidelines of the department programs that could allow for public participation but may vary in relation to resources available, public response, the nature of the issues involved. Some of the areas that this rules will pertain to are: Informational mate…

4.2.203 AWARDING CONTRACTS This allows for citizens to have the opportunity for involvement in the awarding of contracts and this shall be provided by observing the laws regarding awarding contracts by public agencies. These laws require that any significant contracts be submitte…

4.2.204 DEPARTMENT LIAISON In addition to all other requirements the department and the director shall continue to maintain liaison with citizen organizations active in areas concerning department responsibilities. This liaison will be on formal and informal bases through partici…

4.2.301 POLICY STATEMENT CONCERNING MEPA RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.302 DEFINITION OF MEPA TERMS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.303 DETERMINATION OF NECESSITY FOR ENVIRONMENTAL IMPACT STATEMENT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, Eff. 6/27/80; AMD, 1982 MAR p. 683, Eff. 4/16/82; REP, 1988 MAR p. 2692, Eff. 12/23/88.…

4.2.304 PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.305 PREPARATION, CONTENT, AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.306 JOINT ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.307 PREPARATION, CONTENT AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-5-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.308 SPECIAL RULES APPLICABLE TO CERTAIN MEPA SITUATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.309 PUBLIC HEARINGS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-210, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.310 RETROACTIVE APPLICATION OF THE MEPA RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.311 COLLECTING FEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-15-112, MCA Implementing statute(s): Sec. 2-4-210, MCA History: NEW, 1980 MAR p. 1698, Eff. 6/27/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

4.2.312 POLICY STATEMENT CONCERNING MEPA RULES The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to th…

4.2.313 DEFINITIONS 'Action' means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more othe…

4.2.314 GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS Section 75-1-201 requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) on each…

4.2.315 DETERMINING THE SIGNIFICANCE OF IMPACTS In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also r…

4.2.316 PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be addr…

4.2.317 PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public r…

4.2.318 DETERMINING THE SCOPE OF AN EIS Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS. To identify the scope of an EIS, the agency shall: invite the participation of affected federal, state, and local government agencies…

4.2.319 ENVIRONMENTAL IMPACT STATEMENTS--GENERAL REQUIREMENTS The following apply to the design and preparation of EISs: The agency shall prepare EISs that are analytic rather than encyclopedic. The agency shall discuss the impacts of a proposed action in a level of detail that i…

4.2.320 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following: a description of the proposed action, including …

4.2.321 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft EIS within 30 days of the close of the comment p…

4.2.322 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 4.2.321, a final environmental impact statement must include: a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comments …

4.2.323 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS Following preparation of a draft EIS, the agency shall distribute copies to the governor. EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies. The listed …

4.2.324 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS The agency shall prepare supplements to either draft or final environmental impact statements whenever: the agency or the applicant makes a substantial change in a proposed action; there are significant new circumstances, dis…

4.2.325 ADOPTION OF AN EXISTING EIS The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the N…

4.2.326 INTERAGENCY COOPERATION Whenever it is the lead agency responsible for preparation of an EIS, the agency may: request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS; allocate assignments, as appro…