(1)  Screenings originating at an in-state conditioning plant shall:

(a)  be stored in tight bins or containers so weed seed cannot be scattered by wind, birds, rodents, or by other means;

(b)  not be sold or given away until the viability of the prohibited noxious weed seed has been destroyed, except as allowed by state law for feed buyers. Montana growers may request the return of screenings from their own production for personal use provided that screenings are transported in tightly closed containers. To comply with this rule:

(i)  feed buyers must have a facility that will destroy the viability of prohibited noxious weed seeds;

(ii)  seed conditioning plants may utilize other facilities that are capable of destroying the viability of prohibited noxious weed seeds; and

(iii)  seed conditioners that sell or give away screenings are responsible for confirming that the feed buyer has a facility with approved methods for destroying the viability of prohibited noxious weed seeds.

(c)  be labeled if screenings are bagged, or a written notice provided to the feed buyer purchasing screenings in bulk. Such label or notice shall state: "WARNING - THESE SCREENINGS MAY CONTAIN PROHIBITED NOXIOUS WEEDS. FEED BUYERS, BY LAW, ARE RESPONSIBLE FOR DESTROYING THE VIABILITY OF THE WEED SEED PRIOR TO THE MANUFACTURE OF FEED OR FEEDING."

(d)  the viability of prohibited noxious weed seed shall be destroyed by using methods which are evaluated and approved by the department. Such methods may include the use of a rotary grinder, a hammer mill, steam, or a combination of steam and pressure, or any other acceptable method, provided that the method used is evaluated by the department for acceptability and effectiveness; and

(e)  be transported only in tightly closed containers that will prevent the loss of weed seed in transit. The container must be cleaned after unloading.

(2)  Screenings originating outside of Montana shall be conditioned to destroy the viability of all prohibited noxious weed seeds defined by state law prior to transport through the state or be transported in a tightly sealed container that will not allow the loss of the weed seeds.

History: 80-5-135, 80-5-139, MCA; IMP, 80-5-135, MCA; NEW, Eff. 5/6/76; AMD, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00.