(1) "Department" means the department of agriculture provided for in 2-15-3001 , MCA.

(2) "Weed management" or "control" means the planning and implementation of a coordinated program for the containment, suppression, and where possible, eradication of noxious weeds.

(3) "Advisory council" means the noxious weed management advisory council provided for in 80-7-805 , MCA.

(4) "Project" means a planned undertaking which involves one or more renewable resources at an identified site or geographic location in Montana.

(5) "Project sponsor" means the local state or national organization, either public or private, supporting a project.

(6) "Renewable resource" means all land used for domestic livestock grazing, timber, or crop production, recreation, or wildlife and all water resources.

(7) "Public benefits" means those benefits that accrue to persons other than the grant recipient and enhance the common well-being of the people of Montana.

(8) "Tangible returns" means either monetary or non-monetary returns that will accrue to the state.

(9) "Community group" means three or more private landowners or federal, state, or local entities working together to control noxious weeds.

(10) "Noxious weed emergency" means a new and potentially harmful noxious weed growing in the state that has been verified by the department and declared an emergency as provided for in 80-7-815 , MCA.

(2) The department may return an insufficient or incomplete proposal for correction or completion. The department may provide the applicant with reasons for the proposal's return and a brief description of the information required in order to make the proposal correct or complete, or both. If these corrections or completions, or both, are not made, the proposal will not be evaluated.

(3) Proposals which more closely fit the legislative authority of another loan or grant program within state government will be referred to that program for review.

(4) The applicant may request assistance from the department in completing the application. The department will provide such assistance, the level of which will be determined by availability of staff and funds.

(5) Advisory council will review, rank and recommend proposed projects and funding according to the guidelines and criteria described in ARM 4.5.108. Advisory council recommendations will be submitted to the department for final review and determination of funding. The applicant will receive written notification from the department of the action taken on the proposal.

(1) Name, address, and telephone number of the project sponsor, project manager and liaison (if different than manager) .

(2) Title or name of the proposed project.

(3) Location of proposed project.

(4) A brief description of the history and background of the project.

(5) A discussion of the need and urgency for the project and why it is best means to achieve the desired results.

(6) Objectives of the project and desired accomplishments.

(7) Discussion of the projects technical feasibility.

(8) Amount of money to be requested for a grant. A statement indicating the amount of funding available from other sources. If no other funding is available, the applicant must give the reasons.

(9) Proof, where appropriate, the applicant has the cooperation of all landholders within the project area including federal, state, and private entities.

(10) A statement indicating both public and tangible benefits which would accrue as a result of the proposed project.

(11) An evaluation of the project as required in ARM 4.5.105 and 4.5.106.

(12) A statement that the project sponsor, if the grant receives department approval, is willing to enter into a contract with the department for utilization of grant funds.

(1) A thorough discussion of the work plan including the purpose, location and schedule of major project phases.

(2) A listing of herbicides, biological control agents, or cultural methods used for weed control within the project area, where appropriate. This description may include prior field investigations and research information to support the proposal.

(3) Educational programs that will be conducted in conjunction with the project to increase weed awareness and improve weed control techniques of county residents.

(4) Maps, drawings, charts, tables, etc., used as a basis for project planning and implementation.

(5) A map showing land ownership associated with the project; and

(6) Description of other management alternatives and applicants consideration of those alternatives.

(7) The department may request any additional information deemed necessary to document technical

feasibility.

(2) The applicant shall document current benefit and cost data.

(2) The advisory council shall consider the following criteria in recommending projects for funding:

(a) Projects which meet requirements specified in 80-7-814 , MCA, of the Noxious Weed Trust Fund Act.

(b) Projects that involve community groups, weed districts, reservations or conservation districts.

(c) Projects which can be utilized statewide and will provide the most tangible returns to the county or state.

(d) Projects in areas where county weed district funding sources for noxious weed control are limited.

(e) Projects which include educational programs to increase weed awareness and improve weed control techniques.

(f) Projects which involve an integrated weed management plan including biological, cultural, and chemical control.

(g) Projects which will enhance the renewable resources.

(h) Projects which include matching funds (including in-kind services) from private, state, and/or federal entities.

(i) Projects which have not previously received funds from the program.

(j) Projects whose results will provide public benefits.

(k) Projects with a long term effect on natural resources.

(l) Projects which involve noxious weed emergencies.

(3) The advisory council evaluations and recommendations will be submitted to the department for final review and determination of funding for grant requests.

This rule has been repealed.

(1) The department will identify new and potentially harmful noxious weeds based on characteristics which make the plant undesirable, troublesome, and/or difficult to control in cropland, rangeland, forestry, industrial, recreational or non-crop sites.

(2) The department shall verify the existence of a noxious weed in Montana using any one or a combination of methods set forth below:

(a) Verification of location of the infestation based on herbarium records.

(b) Scientific identification of the plant by a botanist or weed scientist and by the concurrence of another botanist or weed scientist, or

(c) Submission of a plant by any person which is scientifically identified by the scientists of the Montana state university or university of Montana herbarium.

(1) The members of the Noxious Weed Management Advisory Council appointed by the director serve two-year terms.

This rule has been repealed.

(1) The department designates certain exotic plants listed in these rules as statewide noxious weeds under the County Weed Control Act 7-22-2101(5), MCA. All counties must implement management standards for these noxious weeds consistent with weed management criteria developed under 7-22-2109(2)(b), MCA of the Act.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) These weeds are not present or have a very limited presence in Montana. Management criteria will require eradication if detected, education, and prevention:

(a) Yellow starthistle (Centaurea solstitialis);

(b) Dyer’s woad (Isatis tinctoria);

(c) Common reed (Phragmites australis ssp. Australis); and

(d) Medusahead (Taeniatherum caput-medusae).

(1) These weeds have limited presence in Montana. Management criteria will require eradication or containment and education:

(a) Knotweed complex (Polygonum cuspidatumˌ P. sachalinenseˌ P. × bohemicumˌ Fallopia japonicaˌ F. sachalinensisˌ F. × bohemicaˌ Reynoutria japonicaˌ R. sachalinensisˌ and R.× bohemica);

(b) Purple loosestrife (Lythrum salicaria);

(c) Rush skeletonweed (Chondrilla juncea);

(d) Scotch broom (Cytisus scoparius); and

(e) Blueweed (Echium vulgare).

(1) 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:

(a) Tansy ragwort (Senecio jacobaeaˌ Jacobaea vulgaris);

(b) Meadow hawkweed complex (Hieracium caespitosumˌ H. praealtumˌ H. floridundumˌ and Pilosella caespitosa);

(c) Orange hawkweed (Hieracium aurantiacumˌ Pilosella aurantiaca);

(d) Tall buttercup (Ranunculus acris);

(e) Perennial pepperweed (Lepidium latifolium);

(f) Yellowflag iris (Iris pseudacorus);

(g) Eurasian watermilfoil complex (Myriophyllum spicatum and M. sibericum);

(h) Flowering rush (Butomus umbellatus);

(i) Common buckthorn (Rhamnus cathartica); and

(j) Ventenata (Ventenata dubia).

(1) 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:

(a) Canada thistle (Cirsium arvense);

(b) Field bindweed (Convolvulus arvensis);

(c) Leafy spurge (Euphorbia esula);

(d) Whitetop (Cardaria drabaˌ Lepidium draba);

(e) Russian knapweed (Acroptilon repensˌ Rhaponticum repens);

(f) Spotted knapweed (Centaurea stoebe, C. maculosa);

(g) Diffuse knapweed (Centaurea diffusa);

(h) Dalmatian toadflax (Linaria dalmatica);

(i) St. Johnswort (Hypericum perforatum);

(j) Sulfur cinquefoil (Potentilla recta);

(k) Common tansy (Tanacetum vulgare);

(l) Oxeye daisy (Leucanthemum vulgare);

(m) Houndstongue (Cynoglossum officinale);

(n) Yellow toadflax (Linaria vulgaris);

(o) Saltcedar (Tamarix spp.);

(p) Curlyleaf pondweed (Potamogeton crispus); and

(q) Hoary alyssum (Berteroa incana).

(1) 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 research, education, and prevention to minimize the spread of the regulated plant:

(a) Cheatgrass (Bromus tectorum);

(b) Hydrilla (Hydrilla verticillata);

(c) Russian olive (Elaeagnus angustifolia);

(d) Brazilian waterweed (Egeria densa); and

(e) Parrot feather watermilfoil (Myriophyllum aquaticum or M. brasiliense).

(1)  "Agent" means a person who is authorized or employed by the department and is certified by the department to conduct activities under the Montana Noxious Weed Seed Free Forage Act.

(2)  "Board" means a district weed board created under 7-22-2103, MCA.

(3)  "Cubes and other processed forage products (physical form)  " means forage harvested from a certified field that is compacted into large pellets.

(4)  "Field unit" means the part of a field that may be certified or which has been certified.

(5)  "Grain concentrate" means a grain product which includes but is not limited to whole grains, intended for livestock consumption that has been cleaned of noxious weed seeds by an approved process, inspected by an agent, and identified under a department-approved process as "Montana NWSFF certified".

(6)  "Montana certified forage" means forage products from fields that meet Montana's forage certification standards and are approved by an agent; or grain concentrates, processed pellets, cubes and other forage products that meet the requirements of ARM 4.5.306(2)  through (8)  .

(7)  "Pellets and other processed forage products (physical form)  " means agglomerated feed formed by compacting and forcing through die openings by a mechanical process. If temperature is not used in the process, the forage must be from a certified field.

(8)  "Restricted area" means an area designated by an agency, group or person that requires the use of noxious weed seed free forage.

(2)  The regional forage certification program includes additional noxious weeds that have been so designated by other states and provinces. The department may enter into agreements with other states and/or provinces which will allow forage to be certified on a regional basis.

(2)  The agent is responsible for completing the top of the inspection form (or the agent may allow the producer to complete)  with the following applicant information:

(a)  date annual application received;

(b)  producer name and address, including zip code;

(c)  producer telephone and, if available, their fax number;

(d)  producer identification number;

(i)  the producer identification number shall include the following, in the order stated, state, county, producer number and year forage harvested;

(e)  estimate of acres to be inspected;

(f)  general description of the field and/or legal description.

(3)  An application fee is not required.

(a)  For field forage this means that an agent found no noxious weed plants with viable weed seeds present in the field unit at the time of inspection; or that an agent found no noxious weed plants capable of producing viable weed seeds present in the field unit at the time of inspection when following the standard inspection procedures.

(b)  For pellets this means that the pellets are free of viable noxious weed seeds or the pellets are greater than 99% free of viable noxious weed seeds.

(c)  For cubes and related materials this means that the field forage used to produce the cubes or related materials meet the standards expressed in (1)  (a)  above.

(d)  For grain concentrates cleaned and sampled by a department-approved process, this means presence of noxious weed seeds was not detected.

(2)  For purposes of these rules, the department's certification represents the condition of the field forage at the time of certification. Further cautionary restrictions with respect to pelleting, cubing or related processes, storage and transportation are imposed in these rules to help preserve that certification. However, the rules do not intend or provide for any further visual or other inspection of the certified forage after the point of initial certification, other than that which may occur as a result of enforcement or other related activity.

(1)  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 shall be valid from the date of issuance through December 31 of that calendar year.

(a)  Applications for certification of mechanically cleaned grain concentrates must describe the method of cleaning to remove noxious weed seed. The method must be approved by the department.

(2)  Persons desiring to certify processed pellets must meet the following criteria:

(a)  Equipment is cleaned of any noxious weed seeds prior to processing forage for certification. Cleaning the entire feed manufacturing system through the bagging operation or bulk bins is required to prevent contamination of pellets for certification. A minimum of 500 pounds of the feed to be certified must pass through the system including the pelleter to purge the system. The feed used to purge the system will not be certified.

(b)  The forage must be pelleted following the standard pelleting process.

(c)  All screens must be maintained in a good operating condition.

(d)  The forage pellets must be reground with a number six (6/64 inch)  screen or smaller.

(e)  The forage material from (2)  (d)  must be repelleted using steam and temperature in the process. The temperature of the pellets extruded from the die shall be greater than 140° F.

(3)  Equivalent pelleting procedures: Any person may apply for department approval of an alternative procedure for pelleting certified forage. The application shall include:

(a)  A complete narrative description of the procedure.

(b)  Independent laboratory study that demonstrates that the process is as effective as the process in this rule.

(c)  Documentation that the laboratory methods used are scientifically acceptable and results are statistically valid.

(d)  The department may deny or grant approval of the request based upon the information received from the applicant and from data and information from other sources. The department may also withdraw its approval should investigations or future studies reveal the procedure is not equivalent to accepted procedures.

(4)  A person desiring to certify cubes or other forage products must ensure that:

(a)  All constituents be processed from certified forage meeting Montana certification standards.

(b)  Equipment is cleaned of any noxious weed seeds prior to processing forage for certification. A minimum of 500 pounds of certified forage must be purged and cleaned through the entire system (from cubing to bagging or bulk storage)  prior to processing cubes or other forage products. The 500 pounds of forage used to eliminate any noxious weed seeds will not be certified.

(5)  A person desiring to certify grain concentrates coming from noncertified fields must meet the following requirements:

(a)  an annual production plant inspection must be performed by an agent;

(b)  samples will be taken by an agent and sent to the Montana state seed laboratory or an alternate facility designated by the department to determine if the product meets NWSFF standards of zero tolerance. The sampling procedure will follow the procedure and the minimum amount required for seed testing as prescribed by the Association of Official Seed Analysis, "2003 Rules For Testing Seeds" which is adopted and incorporated by reference, and can be obtained from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201; and

(c)  at the conclusion of the inspection/sampling/analysis process, those lots of grain concentrate meeting criteria for certification will be certified. The department will provide:

(i)  an invoice for the inspection fees;

(ii)  appropriate markers; and

(iii)  transportation certificates.

(6)  To enforce this chapter, the department upon presenting appropriate credentials may enter, at reasonable times or under emergency conditions, any factory, warehouse, or establishment within the state in which grain concentrates, pellets, cubes and other forage products are manufactured, processed, packed, distributed, or held, or enter any vehicle being used to transport or hold such products. The department may inspect, obtain samples and examine records at reasonable times and within reasonable limits and in reasonable manner any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling found in them.

(7)  Grain concentrates, cubes and pellets shipped into the state as noxious weed seed free must meet all of Montana's NWSFF certification requirements.

(8)  Any person may request Montana certification of their grain concentrate, pellets, cubes or other forage produced out-of-state from the department. The department may enter into agreements with other state departments of agriculture or appropriate state agencies or provincial governments to verify that the grain concentrate, pellets, cubes or other forage meet Montana NWSFF certification standards. The agreements may specify the types of identification markers and/or transportation certificates that are acceptable.

(a)  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 avoid cutting and mixing the certified and uncertified portion at harvest.

(b)  Field units must include surrounding ditches, fence rows, roads, easements, rights-of-way and buffer zones of a minimum of 12 feet surrounding the outside edges of a field.

(c)  If the field unit is certified for straw the seed that is harvested from that field unit may be considered for certification.

(2)  Areas such as stack yards, storage sheds and/or bins, shall be inspected at the same time as the field and/or fields prior to stacking or filling them with certified forage. These areas shall be free of noxious weeds and/or noxious weed seeds. Contaminated storage areas will not be approved for storage of certified forage or the certification shall be cancelled if the area is contaminated with noxious weeds and/or noxious weed seeds.

(3)  Harvested lots of certified forage from inspected fields may be tested or inspected at any time during normal business hours by an agent or the department. Evidence that any lot of certified forage has not been protected from contamination or is not properly identified or separated will be cause for certification cancellation.

(4)  The producer is responsible for notifying the agent at least seven days in advance of harvest to allow inspections to be completed.

(5)  Field inspection must be made within seven days prior to harvest.

(a)  For fields to be certified for straw only, notification and field inspections may be made up to two weeks before harvest.

(6)  Fields that have been cut or harvested prior to inspection are ineligible for certification.

(7)  Forms shall be completed by the agent at the time of inspection of each field unit. At the conclusion of the inspection the producer will be provided an invoice for the inspection fees and, if applicable, markers.

(8)  Baling equipment must be cleaned of any noxious weed seeds prior to harvesting certified forage. If this is not possible the first three small square bales or the first large round or square bale produced shall be considered noncertified and will not be included as a part of a field unit's certified forage.

(9)  Combining equipment is to be cleaned of any noxious weed seed prior to harvesting the certified whole grain field(s)  .

(10)  Fields that appear weedy or show poor crop practices, even though noxious weeds are not present, should not be certified under the certification standards. The local agent will document the problems and has the discretion to make this judgment. A producer can challenge this decision and petition the department to assign another agent to reinspect the field.

(1) Identification of field grown forage includes the following:

(a) Bales must be identified individually using a department issued identification marker. A completed transportation certificate is required and must specify whether the forage was inspected for Montana or regional noxious weeds.

(b) If colored baler twine is used for marking, only one strand of the colored twine is required per bale.

(c) The producer shall make all reasonable efforts to ensure the certified forage is not contaminated with noxious weed seeds from the time of harvest and storage including delivery to the buyer.

(2) Forage identification markers and transportation certificates will be sold and distributed by the department or its agents.

(3) A noxious weed seed free forage product transportation certificate issued and numbered by the department must contain the following:

(a) a statement that this forage meets the criteria set by the Montana Noxious Weed Seed Free Forage Act;

(b) name of the producer;

(c) producer identification number;

(d) name and address of buyer;

(e) type of forage;

(f) identification marker (tags, colored baler twine, and labels);

(g) security tie with a unique identification number;

(h) number of bales by type or tonnage or weight of grain concentrate, pellets or other forage product;

(i) date of sale;

(j) seller's signature;

(k) vehicle operator or driver's signature; this must be signed upon receipt of forage; and

(l) a statement that the forage meets Montana or regional certification standards.

(4) All baled forage sold by a producer to a second party (such as a retail outlet) for resale must be accompanied by the original transportation certificate. The second party (or retail outlet) will photocopy the original transportation certificate and provide this photocopy plus a receipt to third party buyers of the baled forage. Third party buyers must have the photocopy of the transportation certificate and the receipt (to show where the forage was purchased) in their possession when they are transporting or storing forage in a restricted area.

(5) Identification of forage that has been pelleted or cubed or other related products shall include the following:

(a) Certified grain concentrates, pellets, cubes or other forage byproducts must have a separate label attached showing proof of certification of the contents with the following statement: "MONTANA CERTIFIED Noxious Weed Seed Free Forage NOTE: Certification means this product has been inspected by an agent of the MT NWSFF program using recognized inspection methods and no noxious weed seed was detected."

(b) For out-of-state pelleted, cubed or grain concentrate products the label on the product must be in compliance with Montana's standards for Noxious Weed Seed Free Forage. Montana may enter into reciprocal agreements with other states, agencies, and/or provinces that will identify the certification procedures to be used.

(c) All identification labels for grain concentrates, pellets, cubes or other forage products manufactured in Montana must be obtained from the department.

(d) Transportation of bulk loads of certified grain concentrates and pelleted and cubed materials must be secured with a security tie having a unique identifier once loaded and remain unaltered or unbroken during transit. If bulk materials are intended to be delivered to multiple destinations, a security tie is required between delivery sites. Security ties are to be used in conjunction with required markers and transportation certificates.

(6) It is the responsibility of each producer to make sure that all certified NWSFF sold under the program is properly labeled and identified with transportation certificates before it leaves the premises.

(2)  The following are minimum requirements for initial certification:

(a)  field inspection techniques and procedures;

(b)  map reading;

(c)  knowledge of weed management, including:

(i)  burning;

(ii)  mowing, cutting or rogueing;

(iii)  mechanical methods;

(iv)  chemicals;

(d)  forms used;

(e)  state and regional certification standards and guidelines;

(f)  state and regional noxious and poisonous weed identification and training;

(g)  certify with a written examination score of 80% or better.

(3)  Agents participating in the NWSFF program will receive an annual recertification packet containing:

(a)  any changes or additions to the NWSFF law and rules and/or general program;

(b)  any changes or additions to the Montana noxious weed list;

(c)  form updates;

(d)  regional program changes and issues; and

(e)  an identification card to be used in the current season.

(4)  Agents certifying grain concentrates from noncertified fields must be trained department inspectors familiar with grain sampling procedures.

(5)  If an agent intentionally falsifies the certificate of an inspection, that agent will lose certification status.

(1)  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 department on issuance of a county embargo shall include the following items:

(a)  date and time of the embargo;

(b)  parties involved including name, address and telephone number;

(c)  any reference used by persons portraying forage as meeting requirements of the act;

(d)  the location of the embargoed forage;

(e)  volume and description of forage;

(f)  the type of violation; and

(g)  a copy of the embargo.

(h)  The notification may be accomplished by a telephone call, followed up in writing.

(2)  The notification to the department on final resolution shall include;

(a)  date of resolution;

(b)  identification of the embargo issued;

(c)  a description of the final resolution including any special time schedules and/or requirements.

(d)  The notification may be accomplished by a telephone call, followed up in writing.

(a)  collection of fees and deposition of fees in an appropriate government account;

(b)  a record of the name of the government agent collecting the fees;

(c)  a record of total fees collected;

(d)  a record of names of each producer and documentation of the fee paid;

(e)  a record of the amounts submitted to the department;

(f)  a record of the amount retained by the agent's governmental agency; and

(g)  all records be kept in accordance with generally accepted accounting principles.

(h)  The agent shall submit at the conclusion of the season complete information on the collection, deposit and disbursement of fees as set forth above including the name of the government account where the fees were deposited.

(i)  Fees collected and deposited in a government agency account may be used to support any activity or expense associated with the NWSFF program in that county.

(2)  The procedures to be followed by a nongovernment agent include:

(a)  deposition of all fees in a department approved account in a local financial institution; or submission of all fees directly to the department. The method of deposit will be determined by the department on a case by case basis;

(b)  submission of records to the department at the time of deposit or submission of fees;

(i)  a record of the name of the nongovernment agent collecting the fees;

(ii)  a record of total fees collected;

(iii)  a list of producers and the fees paid;

(c)  that all records be kept in accordance with generally accepted accounting principles; and

(d)  the department will issue the nongovernment agent payment for services rendered.

(1) 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.

(2) Fees charged are payable to the department or its agent:

(a) at the time of inspection; or

(b) by special arrangement made for payment through a written agreement with the department or its agent.

(c) If additional inspections are required because of weather operation delays or other related problems, the discretion of whether to charge an additional inspection fee will be left to the department or its agent.

(3) Agents must submit a copy of the department completed inspection form and submit $2.25 per acre or $22.50 minimum inspection fee, whichever is greater, by September 15 of each year to ensure that the persons producing certified forage will be included on the NWSFF producer list.

(4) If the fee is not paid or a person improperly pays any fee or assessment under the provisions of 80-7-921, MCA, the department or its agent will not provide further services.

(5) An inspection fee of $44.00 per hour or an $88.00 minimum charge per facility per inspection will be charged to manufacturers of certified processed pellets using noncertified forage in the process and certified grain concentrates harvested from noncertified fields that are mechanically cleaned of noxious weed seed. State mileage, per diem, and lodging may also be assessed by the department or its agents when conducting in-state facility inspections. Actual costs associated with out-of-state facility inspections will be assessed by the department or its agents. Costs may include, but are not limited to, airfare, vehicle rental, state mileage, per diem, and lodging. The manufacturer shall document the tons of grain concentrate or pellets processed and submit the document to the department on or before January 30 for the previous year's production.

(6) A record of grain concentrates or the pellets produced from noncertified forage shall be retained for two years.

(7) The cost for grain concentrate analysis shall be paid by the manufacturer. The product marker (label) will be provided by the department.

(8) Only product markers provided by the department or its agents may be used. Fees for markers are as follows:

(a) Twine will be $50/unit;

(b) Tags will be $0.50/tag;

(c) Labels for grain concentrates, pellets, and cubes will be $0.40/label;

(d) Labels for in-state grain concentrates, pellets, and cubes made from certified noxious weed seed free materials that have already been assessed field inspection fees specified in ARM 4.5.313(1), will be:

(i) $0.15/adhesive label; or

(ii) $0.25/weather and tear resistant sewn-in label;

(e) Labels for in-state bulk grain concentrates, pellets, and cubes will be $0.20/50 pounds; and

(f) Ties will be provided by the department at no cost.

(1)  The following identification information will be used by agents when completing reporting forms:

(a)  Product forage types

(i)  Alfalfa

(ii)  Alfalfa/grass

(iii)  Grass

(iv)  Straw

(v)  Grain/barley

(vi)  Grain/oats

(vii)  Sanfoin

(viii)  Other forage (agent must describe)  

(b)  Package type

(i)  Small rectangular bales

(ii)  Large rectangular

(iii)  Large round bales

(iv)  Small round bales

(v)  Cubes

(vi)  Pellets

(vii)  Loose forage

(viii)  Silage

(ix)  Grain concentrate

(x)  Other packages (agent must describe)  

(1)  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.

(2)  Each violation shall be considered a separate offense and is subject to a separate penalty not to exceed $1,000. A repeat violation shall be considered a first violation if it occurred three or more years after the previous violation.

(3)  The penalty matrix set forth in this rule establishes the basic penalty value for each offense. Factors dealing with the violation may causes the matrix penalty to increase or decrease. Examples of such factors would be the person's history of compliance or noncompliance or the extent of the person's actions to sell forage or designate or imply forage as being certified when it does not meet state certification requirements.

(4)  Penalty matrix:

Type of violation:	1st Offense	2nd Offense	3rd Offense
(a)  Violate any lawful order, stop sale, use or removal order; or condemnation action;	$250	$500	$1,000
(b)  to certify or sell or advertise as certified, as noxious weed seed free any forage as free from noxious weed seed within the state, unless forage is identified under a department approved process of certification;	$250	$500	$1,000
(c)  to transport into, offer for sale, sell or use forage as noxious weed seed free, from another state, province, or country, unless the forage meets state certification standards or is allowed by an agreement between the department and another government agency;	$250	$500	$1,000
(d)  for a public utility or a local, county, state or federal agency to use forage products that have not been certified which may include but are not limited to: mulches, bedding materials and erosion control barriers;	$250	$500	$1,000
(e)  for public utilities, local, county, state or federal agencies to use seed for reclamation purposes that is not free of noxious weed seeds and certified according to Title 80, chapter 5, MCA;	$250	$500	$1,000
(f)  to improperly pay any application or certification fee or refuse to pay for any inspection fees or department approved identification markers;	$250	$500	$1,000
(g)  for an agent to falsify  a certificate of inspection;	$250	$500	$1,000
(h)  for an agent to improperly deposit, collect or use any certificate or inspection fees or fail to document and submit any required records to the department;	$250	$500	$1,000
(i)  to transport certified forage in a restricted area without a transportation certificate or identification markers;	$250	$500	$1,000
(j)  to falsify or alter a transportation certificate;	$250	$500	$1,000
(k)  for an agent to violate any provisions of a contract with the department.	$250	$500	$1,000

(1) 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.

(1) "Board" means a district weed board created under 7-22-2103, MCA. 

(2) "Buffer area" means a weed free area maintained around the perimeter of a site.

(3) "Gravel" means small stones or pebbles, or a mixture of these with sand, stone, and gravel as well as recycled concrete and asphalt materials.

(4) "Inspector" means a person who is authorized or employed by the department and is certified by the department to conduct activities under the Certified Weed Free Materials Act.

(5) "Material" means natural materials such as bark, compost, wood chippings, leaves/needles, vegetation, grass, or straw, and those synthetic materials that are included on the United State Department of Agriculture, Agricultural Marketing Service national list of allowed and prohibited substances.

(6) "Montana certified material" means products from sites that meet Montana's weed free certification standards and are approved by an agent.

(7) "Mulch" means any material or mix of materials that consists of a combination of vegetation and/or synthetic products that are manufactured as a whole and that are used for temperature, moisture, and/or erosion control, weed suppression, or aesthetic purposes, and are applied solely as a surface treatment.

(8) "Regulated area" means an area designated by an agency, group, or person that requires the use of noxious weed seed free material.

(9) "Site" means a single area where material is stored, harvested, or produced prior to being transported to where it will be utilized as a surface treatment.

(1) 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. 

(2) The regional weed free certification program includes additional noxious weeds that have been so designated by other states and provinces.

(1) 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. 

(a) For a site, this means that an agent finds no noxious weed plants present in the site or established buffer area at the time of inspection following the standard inspection procedures.

(b) For mulch, gravel, and other materials this means that materials are 98% free of viable additional weeds following the standard inspection procedures.

(2) For purposes of these rules, the department's certification represents the condition of the site at the time of certification.  Further cautionary restrictions with respect to processing, storage, and transportation are imposed in these rules to help preserve that certification.  However, the rules do not intend or provide for any further visual or other inspection of the certified materials after the point of initial certification, other than that which may occur as a result of enforcement or other related activity.

(1)  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. 

(a)  Applications for certification of materials must describe the method of cleaning to remove noxious weeds and propagative plant material.  The method must follow industry standards and be approved by the department.

(b)  Equipment must be cleaned of any noxious weeds prior to processing materials for certification.  Cleaning the entire manufacturing system is required to prevent contamination of materials for certification.

(c)  The department may deny or grant approval of the request based upon the information received from the applicant and from data and information from other sources.  The department may also withdraw its approval should investigations or future studies reveal the procedure is not equivalent to accepted procedures.

(2)  Any person may request Montana Noxious Weed Free Materials Certifications for materials produced out-of-state from the department.

(3)  The manufacturer must document the amount (tons) of certified material processed in or shipped into Montana and submit documentation to the department on or before January 30 for the previous year's production.

(1)  All requests for certified noxious weed materials are voluntary. 

(2) 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 located.

(3) The following procedures and processes are required for site and material noxious weed free certification:

(a) When a portion of a site is to be certified, this portion must be plainly marked or separated by a buffer area at least 12 feet wide, to avoid mixing the certified and uncertified portions.

(b) Sites must include surrounding ditches, fence rows, roads, easements, rights-of-way, and buffer zones of a minimum of 12 feet surrounding the outside edges of the certified site.

(4) Areas associated with the site, such as equipment used to move the material, storage areas and/or bins, are inspected at the same time as the site prior to stacking or filling them with certified material.  These areas must be free of noxious weeds.  Contaminated storage areas cannot be approved for storage of certified materials.

(5) Bulk or packaged certified materials may be tested or inspected at any time during normal business hours by an agent or the department.  Evidence that any lot of certified material has not been protected from contamination or is not properly identified or separated will be cause for certification cancellation.

(6) Gravel, mulch, and other materials that have been sourced from an unknown and/or non-certified site are ineligible for certification unless manufactured or processed to meet requirements in ARM 4.5.405.

(7) Forms are completed by the inspector at the time of inspection of each site.  At the conclusion of the inspection, the producer is provided an invoice for the inspection fees and, if applicable, markers.

(8) All equipment must be cleaned of any noxious weed prior to moving, packaging, or otherwise handling certified gravel, mulch, or materials.

(9) Site owners or managers must provide a copy of their county-approved noxious weed management plan.

(10) Gravel, mulch, other materials, and sites that appear weedy or show poor weed management practices, even though noxious weeds are not present, will not be certified under the certification standards.  The local agent will document the problems and has the discretion to make this judgment.  A producer can challenge this decision and petition the department to assign another agent to reinspect the field.

(11)  Any site where a Priority 1A or 1B weed listed in ARM 4.5.206 and 4.5.207 is found or known to occur must implement mitigation strategies approved by the county weed district or department to produce certified materials.  If Priority 1A or 1B weeds are present during an inspection, the site and materials are ineligible for certification until the following year.

(1)  Identification of certified gravel, mulch, and other materials includes the following: 

(a)  Consumer packaging must be identified individually using a department-issued identification marker.

(b)  The producer, business, or owner will make all reasonable efforts to ensure the certified gravel, mulch, or material is not contaminated with noxious weeds from the time of handling and storage, including delivery to the buyer.

(c)  A separate label must be attached to provide proof of certification of the contents with the following statement: "MONTANA CERTIFIED Noxious Weed Free Material NOTE: Certification means this product has been inspected by an agent of the MT NWFM program using recognized inspection methods and no noxious weeds were detected at the time of inspection."

(d)  Out-of-state products require label(s) on the product in compliance with Montana's standards for Noxious Weed Free Materials.

(e)  All identification labels for certified materials from sites within Montana must be obtained from the department or its agents.

(2) A completed transportation certificate is required and must specify whether the gravel, mulch, or other material was inspected for Montana and/or regional noxious weeds.

(3)  It is the responsibility of each entity to make sure that all certified materials sold under the program are properly labeled and identified with transportation certificates before they leave the premises.

(a)  A noxious weed free material product transportation certificate, issued and numbered by the department, must accompany all loads of certified materials.

(b)  All certified material sold by a certified entity to a second party (such as a retail outlet) for resale must be accompanied by the original transportation certificate.  The second party (or retail outlet) will photocopy the original transportation certificate and provide this photocopy plus a receipt to third party buyers of the material. Third party buyers must have the photocopy of the transportation certificate and the receipt (to show where the material was purchased) in their possession when they are transporting or storing certified material in a restricted area.

(1) Each person desiring to be an inspector must be trained and certified according to department standards. 

(2) An authorized inspector must be one of the following:

(a) a Montana county weed district employee or contractor;

(b) an employee or contractor of a state, provincial, or local government or federal agency responsible for managing legislated weed species within their jurisdiction;

(c) university extension agent;

(d) representative of a state crop improvement association; or

(e) employee or agent of another authority approved by the department.

(3) If an inspector intentionally falsifies the certificate of an inspection, that inspector will lose certification status.

(4)  An inspector may not inspect an entity or site in which the inspector has an ownership interest.

(1) 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, use, or remove it in any manner until written permission is given by the department.  The department will release the order when the provisions of the act and rules are met.  If compliance is not obtained within 30 days, the department may begin proceedings for condemnation or revoke the material certification. The disposition of the material may not be ordered by the department without first giving the owner or person from whom the material was seized an opportunity to apply to the department for release of the material or for permission to process or bring it into compliance with this chapter, and an opportunity to contest any such order under the provisions of 80-7-910(2), MCA.  

(2)  Materials with revoked certifications may be sold to any customer or area that does not require the use of certified weed free materials.

(1)  Costs for state sites located in Montana: 

(a)  A site inspection fee of $150 per site is charged to the person for whom the material was inspected.

(i)  A minimum of two inspections are required per year for sites.

(ii)  One annual inspection is required for manufacturing/processing facilities.

(b)  Certified inspectors must submit a copy of the inspection form and submit a $75 inspection fee, as well as the cost of any markers sold for each site inspection, each year.

(2)  Costs for inspection of sites located outside of the state of Montana may include, but are not limited to:

(a)  A site inspection fee of $150 per site will be charged to the person for whom the material was inspected.

(i)  Travel expenses including mileage and per diem at the rates set by 2-18-501-502, MCA

(3)  Actual costs associated with out-of-state inspections are assessed by the department or its agents.  Costs may include, but are not limited to, airfare, vehicle rental, state mileage, per diem, and lodging.

(4)  Only product markers provided by the department or authorized by the department may be used.  Fees for markers are as follows:

(a)  $0.50/tag;

(b)  $0.15/adhesive label;

(c)  $0.25/sewn-in label; and

(d)  $50/unit of twine.

(5)  If the fee is not paid or if a person improperly pays any fee or assessment under the provisions of 80-7-921, MCA, the department or its agent will not provide further services.

(6)  The cost for any additional material analysis is paid by the manufacturer or owner.

(1) 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 certificates that are acceptable.

(1) 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. 

(2) Each violation is considered a separate offense and is subject to a separate penalty not to exceed $1,000.  A repeat violation is considered a first violation if it occurred three or more years after the previous violation.

(3) The penalty matrix set forth in this rule establishes the basic penalty value for each offense.  Factors dealing with the violation may cause the matrix penalty to increase or decrease.  Examples of such factors include the person's history of compliance or noncompliance, or the extent of the person's actions to sell material or designate or imply material as being certified when it does not meet state certification requirements.

(4) The below penalty matrix applies to all of the following offenses:

(a) violation of any lawful order, stop sale, use or removal order; or condemnation action; 

(b) certification, sale, or advertisement as certified, any noxious weed free material as free from noxious weed within the state, unless material is identified under a department-approved process of certification;

(c) transportation, offer for sale, sale, or use material as noxious weed free, from another state, province, or country, unless the material meets state certification standards or is allowed by an agreement between the department and another government agency;

(d)  refusal to pay for any inspection fees or department-approved identification markers;

(e) transportation of certified forage materials in a regulated area without a transportation certificate or identification markers;

(f) falsification or alteration of a transportation certificate or other weed free material identifying markers.

(2) Within 6 months of the date of hire, all new weed district supervisors will become familiar with the weed District Supervisor's Handbook and complete the self-test approved by the weed district supervisor's support committee.

(3) All weed district supervisors will attend at least one training session annually (several may be offered) that has been recommended by the department or the Montana noxious weed control association.

(4) Training (over a four year period) will include, but is not limited to the following topics and subjects:

(a) weed species identification;

(b) pesticide, selection;

(c) pesticide mixing, loading, storage and disposal;

(d) integrated weed management;

(e) equipment selection and maintenance;

(f) environmental protection (surface water, ground water, endangered species, sensitive plants) .

(g) weed mapping,

(h) pesticide application;

(i) pesticide statutes and rules;

(j) public and worker safety and

(k) weed management plans.