Title 80, Title 80

The department is authorized to provide technical assistance and services to local governments, agricultural producers, and the general public on the management and control of noxious plants. This assistance and service may include: (1) development, compilation, and reporting of …

(1) The department may make every effort to obtain federal funds under 43 U.S.C. 1242 to implement management of noxious plants on federal lands in cooperation with any federal agency and the local government body responsible for noxious plant management. These federal funds shal…

The department may prepare a biennial report on the status of noxious plants and their management in Montana. Reports may be submitted to the governor, to the legislature as provided in 5-11-210, and to other such groups and organizations as the department considers necessary.

The department may adopt rules and policies necessary to implement 80-7-711 through 80-7-713 pursuant to the Montana Administrative Procedure Act.

(1) The department of agriculture is authorized to expend funds for the collection and distribution of biological agents to control leafy spurge and spotted knapweed. The project will reduce energy consumption by reducing the need for repeated chemical application. (2) The depart…

As used in this part, the following definitions apply: (1) "Crop weed" means any plant commonly accepted as a weed and for which grants for management research, evaluation, and education under 80-7-814(5)(g) may be given. (2) "Department" means the department of agriculture estab…

The department may adopt rules necessary to implement this part.

(1) The director of the department shall appoint a noxious weed management advisory council to provide advice to the department concerning the administration of this part and part 9 of this title. (2) If appointed, the council must be composed of 11 members, as follows: (a) the d…

(1) As required by Article IX, section 6, of the Montana constitution, there is a noxious weed management trust fund of $10 million. The department shall administer the trust fund in accordance with this part. (2) Deposits to the principal of the noxious weed management trust fun…

The department may accept gifts, grants, contracts, or other funds designated for noxious weed management. The funds must be deposited in the noxious weed management trust fund or in the account established in 80-7-816 and may be expended to support a noxious weed management proj…

(1) The provisions of this section constitute the noxious weed management program. (2) (a) Except as provided in subsection (2)(b), money deposited in the noxious weed management trust fund may not be committed or expended until the principal reaches $10 million. (b) In the case …

(1) The governor may declare a noxious weed emergency if: (a) a new and potentially harmful noxious weed is discovered growing in the state and is verified by the department; or (b) the state is facing a potential influx of noxious weeds as the result of a natural disaster. (2) I…

(1) There is a noxious weed account in the state special revenue fund established in 17-2-102. The interest from the noxious weed management trust fund and the funds directed to be deposited as provided in 80-7-823, excluding unrealized gains and losses, must be deposited in the …

There is transferred $100,000 annually from the highway nonrestricted account, provided for in 15-70-125, to the noxious weed state special revenue account, provided for in 80-7-816, for the purposes provided in 80-7-705.

This part may be cited as the "Noxious Weed Seed Free Forage Act".

(1) The legislature finds that: (a) natural resources of the state need to be protected from noxious weeds and their seeds; (b) the movement of agricultural crops or commodities as livestock forage, bedding, mulch, and related materials, including pellets, cubes, and other proces…

As used in this part, the following definitions apply: (1) "Advisory council" means the Montana noxious weed management advisory council. Except as provided in 80-7-805, the council is subject to the provisions of 2-15-122. (2) "Certification" means the state-approved and documen…

The department may: (1) provide for administration and enforcement of this part; (2) enter into contracts and agreements; (3) authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations that are required for adm…

(1) A person shall make an annual application to the department for certifying forage. The person shall comply with all certification standards and processes and pay any required fees prior to receiving certification approval and identification markers for the forage. If a produc…

(1) The department, with the advice of the advisory council, may establish fees to support the cost of administering the noxious weed seed free forage program. Fees may be established for: (a) processing applications; (b) per acre inspection of forage; (c) inspection of facilitie…

(1) There is a state noxious weed forage account in the state special revenue account. All funds received by the department from fees or penalties collected or received under 80-7-905 through 80-7-907, 80-7-921, and 80-7-922(1) and all other related funds received must be deposit…

The department may, with the advice of the advisory council appointed under 80-7-805, adopt rules necessary to carry out its responsibilities under this part in accordance with Title 2, chapter 4. The rules may include but are not limited to: (1) contracts and agreements; (2) cer…

(1) In enforcing the provisions of this part, the department or its authorized agents, upon reasonable cause, may enter any private or public premises, property, or vehicle with a warrant or with the consent of the inhabitant or owner to inspect, sample, or investigate at reasona…

When the department has reasonable cause to believe that a person is selling, distributing, storing, transporting, or using forage in violation of any of the provisions of this part, a written stop sale, use, or removal order may be issued to that person. If the person is not ava…

(1) It is unlawful for a person to certify or sell as certified or as noxious weed seed free any forage as free of noxious weed seed within this state, unless the forage is identified under a department-approved process as "Montana certified" and the forage meets all the requirem…

(1) The department may by rule establish certification programs for materials other than forage. Certification may include but is not limited to: (a) noxious weed free; (b) noxious weed and seed free; or (c) invasive organism free. (2) Programs established in accordance with subs…

In addition to the penalties set out in 80-7-922, a person who fails to pay or improperly pays any fee assessment or fee assessed under the provisions of this part is subject to a penalty of $100 or double the assessment, whichever is greater, including the original fee. The pena…

A person who violates or aids in a violation of any of the provisions of this part or any rules or orders of the department adopted under this part is subject to the following penalties: (1) a civil penalty of not more than $1,000 for each offense. Assessment of a civil penalty b…

The department may commence a civil action in the district court of the first judicial district seeking appropriate relief, including a permanent or temporary injunction, for a violation of this part.

Upon receiving a report from a district weed board, as provided in 7-22-2126, that forage is subject to embargo and upon verification of a violation of this part, the department shall enforce the embargo throughout the state and issue appropriate stop sale orders as provided in 8…