(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.


History: 80-7-902, MCA; IMP, 80-7-902, MCA; NEW, 2021 MAR p. 1048, Eff. 8/28/21.