Montana Administrative Code

4.5.204 CATEGORY 3 (REPEALED) Authorizing statute(s): 80-7-802, MCA Implementing statute(s): 7-22-2101, MCA History: NEW, 1991 MAR p. 511, Eff. 4/26/91; AMD, 2003 MAR p. 1272, Eff. 6/27/03; AMD, 2008 MAR p. 563, Eff. 3/28/08; REP, 2010 MAR p. 217, Eff. 1/29/10.

4.5.205 CATEGORY 4 - WATCH LIST (REPEALED) Authorizing statute(s): 80-7-802, MCA Implementing statute(s): 7-22-2101, MCA History: NEW, 2008 MAR p. 563, Eff. 3/28/08; REP, 2010 MAR p. 217, Eff. 1/29/10.

4.5.206 PRIORITY 1A These weeds are not present or have a very limited presence in Montana. Management criteria will require eradication if detected, education, and prevention: Yellow starthistle (Centaurea solstitialis); Dyer’s woad (Isatis tinctoria); Common reed (Phragmites au…

4.5.207 PRIORITY 1B These weeds have limited presence in Montana. Management criteria will require eradication or containment and education: Knotweed complex (Polygonum cuspidatumˌ P. sachalinenseˌ P. × bohemicumˌ Fallopia japonicaˌ F. sachalinensisˌ F. × bohemicaˌ Reynoutria jap…

4.5.208 PRIORITY 2A These weeds are common in isolated areas of Montana. Management criteria will require eradication or containment of these weeds where less abundant. Management shall be prioritized by local weed districts: Tansy ragwort (Senecio jacobaeaˌ Jacobaea vulgaris); M…

4.5.209 PRIORITY 2B These weeds are abundant in Montana and widespread in many counties. Management criteria will require eradication or containment of these weeds where less abundant. Management shall be prioritized by local weed districts: Canada thistle (Cirsium arvense); Fiel…

4.5.210 PRIORITY 3 REGULATED PLANTS (NOT MONTANA LISTED NOXIOUS WEEDS) These regulated plants have the potential to have significant negative impacts. The plant may not be intentionally spread or sold other than as a contaminant in agricultural products. The state recommends rese…

4.5.301 PURPOSE AND SCOPE The 1995 Montana legislature, upon finding that the movement of agricultural crops containing noxious weed seeds, as livestock forage, bedding, mulch, pellets, cubes, grain concentrates and related material was causing new and expanding noxious weed infe…

4.5.302 DEFINITION OF TERMS These definitions apply to all rules adopted under the Montana Noxious Weed Seed Free Forage Act, Title 80, chapter 7, part 9, MCA: "Agent" means a person who is authorized or employed by the department and is certified by the department to conduct act…

4.5.303 NOXIOUS WEEDS The Montana noxious weed seed free forage (NWSFF) certification program includes the noxious weeds set forth in ARM 4.5.206, 4.5.207, 4.5.208, and 4.5.209, authorized by 7-22-2101(7)(a)(i), MCA. The regional forage certification program includes additional n…

4.5.304 APPLICATION FOR MONTANA CERTIFICATION OF NOXIOUS WEED SEED FREE FORAGE A person shall make application for NWSFF certification of a forage crop annually. The application shall be made with the department agent in the county in which the person resides or in the county in …

4.5.305 STANDARD RANGE OF TOLERANCES FOR NOXIOUS WEED SEEDS The tolerance for noxious weed seeds in noxious weed seed free forage is zero for the weeds defined in 7-22-2101(7) (a) (i) , MCA. For field forage this means that an agent found no noxious weed plants with viable weed s…

4.5.306 PROCEDURES FOR MONTANA CERTIFICATION OF FORAGE PRODUCTS (GRAIN CONCENTRATES - PELLETS - CUBES - OTHER) A person desiring to certify processed feed products as noxious weed seed free must make an annual application on the department's application form. The application shal…

4.5.307 FORAGE INSPECTION PROCEDURES The following procedures and processes will be required for field unit NWSFF certification: When a portion of a field is to be certified, this portion must be plainly marked or separated by a mowed strip or flagged at least 12 feet wide, to av…

4.5.308 FORAGE IDENTIFICATION AND TRANSPORTATION Identification of field grown forage includes the following: Bales must be identified individually using a department issued identification marker. A completed transportation certificate is required and must specify whether the for…

4.5.309 CERTIFICATION OF AGENTS Each person desiring to be an agent must be trained and certified according to department standards. The following are minimum requirements for initial certification: field inspection techniques and procedures; map reading; knowledge of weed manage…

4.5.310 STOP SALE, USE, OR REMOVAL ORDER When the department has reasonable cause to believe any lot of certified NWSFF is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written order requiring the person holding the forage not to sel…

4.5.311 NOTIFICATION REQUIREMENTS - COUNTY EMBARGO The board or their authorized representative shall, as required by 7-22-2126(4) , MCA, notify the department of all embargoes issued and the final resolution within 48 hours of any embargo imposed. The notification to the departm…

4.5.312 COLLECTION OF FEES The procedures to be followed by an agent employed by a governmental agency include: collection of fees and deposition of fees in an appropriate government account; a record of the name of the government agent collecting the fees; a record of total fees…

4.5.313 FEES A field inspection fee of $4.50 per acre or a $45 minimum charge per field for forage inspection will be charged to the person for whom the forage was inspected. State mileage and per diem rates may also be assessed by the department or its agents. Fees charged are p…

4.5.314 CONTRACTS The department may enter into contracts with organizations to conduct specific forage certification activities. These contracts may identify issues, such as time of collection of fees and deposition of fees, that are unique to that organization. The standard fee…

4.5.315 IDENTIFICATION OF PRODUCT AND PACKAGE TYPES The following identification information will be used by agents when completing reporting forms: Product forage types Alfalfa Alfalfa/grass Grass Straw Grain/barley Grain/oats Sanfoin Other forage (agent must describe) Package t…

4.5.316 CIVIL PENALTIES Whenever the department has reason to believe that a violation of Title 80, chapter 7, part 9, MCA, or any adopted rule thereunder has occurred, it may initiate a civil penalty action pursuant to the Montana Administrative Procedure Act. Each violation sha…

4.5.401 PURPOSE AND SCOPE The Department of Agriculture develops standards and good practices for materials other than feed to prevent the spread of noxious weeds and other invasive organisms. Authorizing statute(s): 80-7-902, MCA Implementing statute(s): 80-7-902, MCA History: N…

4.5.402 TERMS AND DEFINITIONS "Board" means a district weed board created under 7-22-2103, MCA. "Buffer area" means a weed free area maintained around the perimeter of a site. "Gravel" means small stones or pebbles, or a mixture of these with sand, stone, and gravel as well as re…

4.5.403 NOXIOUS WEEDS The Montana Noxious Weed Free Materials Certification Program includes the noxious weeds set forth in ARM 4.5.206 through 4.5.210, authorized by 7-22-2101(7)(a)(i), MCA. The regional weed free certification program includes additional noxious weeds that have…

4.5.404 STANDARD RANGE OF TOLERANCES FOR NOXIOUS WEEDS The tolerance for noxious weeds in noxious weed free material is zero for the weeds defined in 7-22-2101(7)(a)(i), MCA, and any other weed species prohibited by a regulated area. For a site, this means that an agent finds no …

4.5.405 MANUFACTURING AND PROCESSING FACILITIES A person desiring to certify processed materials as noxious weed free must apply to the department before initial certification and/or for additional materials not previously approved. Applications for certification of materials mus…

4.5.406 INSPECTION PROCEDURES All requests for certified noxious weed materials are voluntary. A person can request inspection of noxious weed free materials annually. The request for inspection is made with the department or certified inspector in the county in which the site is…

4.5.407 MATERIAL IDENTIFICATION AND TRANSPORTATION Identification of certified gravel, mulch, and other materials includes the following: Consumer packaging must be identified individually using a department-issued identification marker. The producer, business, or owner will make…

4.5.408 CERTIFICATION OF INSPECTORS Each person desiring to be an inspector must be trained and certified according to department standards. An authorized inspector must be one of the following: a Montana county weed district employee or contractor; an employee or contractor of a…

4.5.409 STOP SALE, USE, OR REMOVAL When the department has reasonable cause to believe any lot of certified material is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written order requiring the person holding the material not to sell…

4.5.410 FEES Costs for state sites located in Montana: A site inspection fee of $150 per site is charged to the person for whom the material was inspected. A minimum of two inspections are required per year for sites. One annual inspection is required for manufacturing/processing…

4.5.411 CONTRACTS The department may enter into contracts with local governments, state, federal, or provincial agencies or other organizations to conduct specific material certification activities and may specify the types of identification markers and/or transportation certific…

4.5.412 CIVIL PENALTIES Whenever the department has reason to believe that a violation of Title 80, chapter 7, part 9, MCA, or any adopted rule thereunder has occurred, it may initiate a civil penalty action pursuant to the Montana Administrative Procedure Act. Each violation is …

4.5.501 WEED DISTRICT SUPERVISOR TRAINING Each weed district supervisor will become licensed as a government pesticide applicator in the weed control category prior to that person doing any actual herbicide applications in the county. Within 6 months of the date of hire, all new …

4.6.101 PETITION TO CREATE A COMMODITY ADVISORY COMMITTEE The petition requirements are: name of applicant; address of applicant; phone number of applicant; a proposed statement of purpose; a list of 25 or more producer signatures (including legibly printed names, addresses, and …

4.6.102 PETITION TO ELIMINATE A COMMODITY RESEARCH AND MARKET DEVELOPMENT PROGRAM After two years from the date of adoption, the department may, upon its own accord or upon receipt of a verified petition, call a hearing to determine if a program should be eliminated. The petition…

4.6.201 MONTANA POTATO ADVISORY COMMITTEE The committee shall be a seven member committee consisting of individuals actively involved in the potato industry in either the production, research, or marketing of potatoes. A majority of the committee members must be potato "producers…

4.6.202 ANNUAL POTATO COMMODITY ASSESSMENT-COLLECTION Section 80-11-516, MCA charges the Montana Department of Agriculture with collecting the commodity assessment. The assessment must be $.025 per hundredweight on all potatoes grown and marketed commercially in Montana by those …

4.6.203 APPLICATION FOR POTATO RESEARCH AND MARKETING PROJECT FUNDS Applications for project funding shall be filed with the department on or before January 1. Filing requirements will be satisfied by receipt of the original and ten copies of each application at the Montana Depar…

4.6.301 MONTANA CHERRY ADVISORY COMMITTEE (REPEALED) Authorizing statute(s): 80-11-504, MCA Implementing statute(s): 80-11-510, MCA History: NEW, 2005 MAR p. 1279, Eff. 7/15/05; REP, 2018 MAR p. 302, Eff. 2/10/18.

4.6.302 ANNUAL CHERRY COMMODITY ASSESSMENT-COLLECTION (REPEALED) Authorizing statute(s): 80-11-504, MCA Implementing statute(s): 80-11-515, 80-11-516, MCA History: NEW, 2005 MAR p. 1279, Eff. 7/15/05; AMD, 2008 MAR p. 1582, Eff. 8/1/08; REP, 2018 MAR p. 302, Eff. 2/10/18.

4.6.303 APPLICATION FOR CHERRY RESEARCH AND MARKETING PROJECT FUNDS (REPEALED) Authorizing statute(s): 80-11-504, MCA Implementing statute(s): 80-11-511, MCA History: NEW, 2005 MAR p. 1279, Eff. 7/15/05; REP, 2018 MAR p. 302, Eff. 2/10/18.

4.6.401 MONTANA PULSE CROP ADVISORY COMMITTEE (REPEALED) Authorizing statute(s): 80-11-504, MCA Implementing statute(s): 80-11-510, MCA History: NEW, 2006 MAR p. 2403, Eff. 10/6/06; REP, 2018 MAR p. 301, Eff. 2/10/18.

4.6.402 DEFINITIONS (REPEALED) Authorizing statute(s): 80-11-504, MCA Implementing statute(s): 80-11-503, 80-11-515, MCA History: NEW, 2006 MAR p. 2403, Eff. 10/6/06; REP, 2018 MAR p. 301, Eff. 2/10/18.

4.6.403 ANNUAL PULSE CROP COMMODITY ASSESSMENT-COLLECTION (REPEALED) Authorizing statute(s): 80-11-504, MCA Implementing statute(s): 80-11-515, MCA History: NEW, 2006 MAR p. 2403, Eff. 10/6/06; REP, 2018 MAR p. 301, Eff. 2/10/18.