Title 80, Title 80

As used in this part, the following definitions apply: (1) "Anhydrous ammonia" means a compound formed by a combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume, which compound is in either gaseous or…

(1) The department shall adopt rules for the design, construction, repair, alteration, location, installation, and operation of anhydrous ammonia facilities. The rules must be in substantial conformity with nationally recognized safety standards for the storage and handling of an…

Any facility in operation prior to the adoption of rules under 80-10-503 that is not in compliance with the rules must be allowed to continue in operation unless the department, after inspection and written notice to the owner or operator, makes a determination that the facility …

A person who owns or controls a facility may request in writing from the department a variance, which is an exemption or partial exemption from any rule governing the design, construction, repair, alteration, location, installation, or operation of a facility.

This part must be enforced as provided in 80-10-303.

Administration and enforcement of the provisions of this part and the rules adopted under 80-10-503 must be funded through expenditures of the anhydrous ammonia account established under 80-10-207(5).

As used in this part, the following definitions apply: (1) "Committee" means the Montana pulse crop committee provided for in 2-15-3007. (2) "Department" means the department of agriculture provided for in 2-15-3001. (3) "Net receipts" means the net weight multiplied by the price…

(1) The members of the committee shall elect a presiding officer from among the committee members. The presiding officer serves a 1-year term. (2) The committee shall meet at least once a year and at other times as called by the presiding officer or by any three voting members of…

(1) The committee: (a) may plan and conduct a research program to improve the quality of pulse crops, develop and improve control measures for disease and pests that attack pulse crops, and disseminate information among the growers and dealers of the state; (b) may plan and condu…

(1) There is an assessment on pulse crops grown, delivered, and stored as established by the committee by rule in accordance with this section. (2) The assessment must be at least 1% and no more than 2% of the net receipts of pulse crops grown, delivered, and stored in Montana. (…

(1) A producer who has paid assessments to the department may request that the department refund all or a portion of the assessment levied under the rules of the committee and paid by the producer. A refund request must be submitted in writing on an application form that is avail…

(1) There is a pulse crop account in the state special revenue fund to the credit of the department for use as provided in this section. (2) The account consists of: (a) proceeds from assessments collected pursuant to 80-11-1004; and (b) gifts, grants, and donations to the depart…

(1) Department employees who handle assessments or other receipts must be bonded for the faithful and safe handling of and accounting for the receipts while in their hands and for faithful compliance with this part. (2) The committee may be assessed costs by the department for th…

(1) A person violating a provision of this part is subject to an administrative civil penalty of not more than $5,000 for each monthly statement not filed but required by administrative rule. (2) The department shall establish by rule a penalty matrix that schedules the types of …

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Agricultural products" means crops, livestock, and livestock products. (2) "Marketing" means all activities involved in getting agricultural products from the producer to the consum…

It is the intent of the legislature that the department of agriculture coordinate marketing from the initial producer to the consumer and reduce marketing cost by assisting both producer and industry to find ways to more efficiently market their products. The department shall als…

The department shall: (1) keep abreast of research results in the subject matter area of marketing; (2) coordinate work with local, state, and national planning groups and other interested parties in helping them identify major problem areas and needs in marketing; (3) develop an…

All agencies of the state which participate in marketing shall cooperate with and assist the department.

(1) There is an agricultural transportation enhancement account in the state special revenue fund established in 17-2-102. (2) Any state funds distributed by the department of agriculture must be matched at a rate of 1 to 1, with $1 in state funds to $1 in local funds.

(1) (a) The department may develop a state hemp certification program plan. (b) If developed, the plan must conform with applicable federal standards and industry best practices. (c) If a hemp commodity advisory committee is formed in accordance with 80-11-510, the department sha…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Commercial channels" means the sale of wheat or barley for any use when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resell…

In the presence of the facts that wheat and barley are the principal grain crops produced in Montana and as such are agricultural resources of the first magnitude in the economy of the inhabitants of Montana, prime factors in the production of wealth and the development and stabi…

Members of the committee may not receive a salary but are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business and must be reimbursed for travel expenses, as provided in 2-18-501 through 2-18-503, incurred while on…

At the first meeting of the administrative committee, it shall elect a presiding officer from among its members. The committee shall meet at least once every 3 months and at other times as called by the presiding officer or by any three members of the committee.

(1) The committee may: (a) adopt rules necessary for the administration of this part; (b) provide, through the department, for the enforcement of this part; (c) provide for the conduct of research into the production, marketing, and uses of wheat and barley; (d) enter into contra…

(1) There is an annual assessment of not more than 40 mills per bushel on all wheat and not more than 60 mills per hundredweight on all barley grown, delivered, or stored in the state of Montana and sold through commercial channels. (2) The assessment is levied and imposed: (a) i…

(1) The purchaser of the wheat or barley at the time of sale or the pledgee, mortgagee, or other lender at the time of the loan or advance shall give separate invoices for each purchase, delivery, or storage charge to the seller or person delivering the wheat or barley or enterin…

The department may receive any gifts, grants, or donations for any research of scientific inquiries conducted under this part and may spend them in compliance with the conditions of the grants, gifts, and donations.

Employees of the department participating in the handling of assessment receipts or other receipts shall be bonded for the faithful and safe handling and accounting for the receipts while in their hands and for faithful compliance with this part.

(1) There shall be an account in the state special revenue fund known as the wheat and barley account. The following shall be placed in the account: (a) the proceeds of all millage levies collected under this part; and (b) the proceeds from all gifts, grants, or donations to the …

(1) Any person violating any of the provisions of this part is subject to an administrative civil penalty of not more than $5,000 for each monthly report not filed but required by administrative rule. (2) The department shall establish by rule a penalty matrix that schedules the …

(1) The committee shall set the amount of the assessment each year in accordance with 80-11-206. (2) Money deposited in the wheat and barley account pursuant to 80-11-210 is available for appropriation to the committee for purposes of carrying out research and marketing under thi…

(1) The wheat and barley committee is not subject to procurement procedures under Title 18, chapter 4. (2) The committee shall adopt rules for procurement of goods and services necessary to the duties outlined in this part.

This part may be cited as the "Agricultural Commodity Research and Market Development Enabling Act".

(1) The legislature finds that: (a) agriculture is the leading industry in Montana, based on cash receipts, and that agricultural commodities are resources of the first magnitude in the economy of Montana residents; (b) agricultural commodities are prime factors in the production…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Advisory committee" means a committee created by the department under authority of 80-11-510 for the purpose of advising the department on the implementation and administration of a…

(1) In consultation with respective commodity advisory committees, the department may: (a) adopt commodity research and market development programs pursuant to 80-11-512; (b) adopt rules necessary for the implementation and administration of this part and commodity research and m…

(1) The department may create commodity advisory committees subject to the following: (a) Twenty-five or more producers of a commodity shall petition the department to create a commodity advisory committee. The format, information required, and criteria of valid petitions must be…

(1) Each commodity advisory committee created in 80-11-510 shall advise the department regarding: (a) policies and procedures to be followed by the department when administering a commodity research and market development program associated with each respective advisory committee…

(1) A commodity advisory committee formed pursuant to 80-11-510 shall hold at least one public hearing to receive relevant input from affected growers and producers on a proposed referendum, including the amount of the proposed assessment and the method of collection. The departm…

The department shall eliminate a commodity research and market development program subject to the following: (1) After 2 years from the date on which a commodity research and market development program is adopted, the department may, upon its own accord or upon receipt of a verif…

(1) The department, in consultation with each commodity advisory committee, shall, for each commodity associated with a research and marketing program, adopt by rule an annual assessment on program commodities grown, delivered, or stored in Montana and sold through commercial cha…

(1) The first purchaser of a commodity at the time of sale or the mortgagee, pledgee, or other lender at the time of the loan or advance shall give separate invoices for each purchase, delivery, or storage charge to the seller or person delivering the commodity or entering it int…

The department may receive gifts, grants, and donations for any commodity research and market development conducted pursuant to this part.

(1) There is an account in the state special revenue fund into which must be placed: (a) the proceeds of all commodity assessments and penalties collected under this part; and (b) the proceeds from all gifts, grants, and donations to the department for commodity research and mark…

A person who violates any provision of this part is guilty of a misdemeanor and upon conviction shall be fined an amount not less than $25 or more than $1,000. All fines collected must be deposited as provided in 80-11-518.