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| Montana Administrative Register Notice 4-23-281 | No. 22 11/17/2023 | |
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BEFORE THE DEPARTMENT OF AGRICULTURE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On December 8, 2023, at 9:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of Scott Hart Building, at Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.
2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Agriculture no later than December 4, 2023, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 302 N. Roberts Street, Helena, Montana, 59620-0201; telephone (406) 444-5402; fax (406) 444-5409; TDD/Montana Relay Service (406) 444-3144; or e-mail agr@mt.gov.
3. The rules proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
4.2.101 MODEL PROCEDURAL RULES (1) The Department of Agriculture adopts and incorporates the Attorney General's model rules as stated in ARM
AUTH: 2-4-202, MCA IMP: 2-4-202, MCA
REASON: The previous version of the rule cited incorrect rules.
4.2.102 EXCEPTIONS AND ADDITIONS FOR AGRICULTURAL SCIENCES DIVISION (1) ARM
AUTH: 2-4-202, MCA IMP: 2-4-202, MCA
REASON: The cited rule was transferred.
4.5.303 NOXIOUS WEEDS (1) The Montana noxious weed seed free forage (NWSFF) certification program includes the noxious weeds set forth in ARM 4.5.206, 4.5.207, 4.5.208, and 4.5.209 (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.
AUTH: 80-7-909, MCA
REASON: The cited rules were transferred.
4.7.101 REPORTS (1)(a) All grain merchandisers licensed by 80-4-502 (b) through (e) remain the same. (2)(a) All grain merchandisers licensed by 80-4-603 (b) and (c) remain the same. (3)(a) All grain merchandisers licensed by 80-4-603 (b) and (c) remain the same.
IMP:
REASON: These statutes were replaced by the Agricultural Warehouse, Commodity Dealer, and Grain Standards Act.
4.9.101 ORGANIZATIONAL RULES (1) remains the same.
AUTH: 2-4-201,
REASON: This change addresses a typographical error.
4.9.402 REQUIREMENTS FOR REPORTS (1) All monthly grain merchandiser report forms shall be sent out from the Montana wheat and barley committee with an enclosed envelope addressed to the committee and these reports shall be completed and returned to the committee after being properly signed and sworn to each and every month. These reports shall be filed with the committee within 20 days after the close of the business for the month in which the report is being filed. Additional sections of this form may be used to comply with 80-4-407 (2) remains the same.
AUTH: 80-11-205, MCA IMP: 80-11-205, 80-11-207, MCA
REASON: This statute was replaced by the Agricultural Warehouse, Commodity Dealer, and Grain Standards Act.
4.10.1003 ABILITY TO STAY IN BUSINESS (1) Where a determination of the appropriate amount of the penalty must be made under
AUTH: 80-8-105, MCA IMP: 80-8-306, MCA
REASON: This change addresses a typographical error.
4.10.1011 NONCOMPLIANCE WITH PESTICIDE OR PESTICIDE CONTAINER DISPOSAL, LABELING OR HANDLING REQUIREMENTS AND STANDARDS (1) The following are considered violations: (a) failure to comply with label directions for disposal of a pesticide; (b) failure to comply with ARM 4.10.801 through 4.10.808 (Rinsing and Disposing of Pesticide Containers); (c) failure to comply with pesticide label directions for handling such as application instructions, storage, protective clothing or equipment, precautionary statements, restrictions, re-entry intervals, mixing and loading instructions and others; or (d) distribution, sale, or offering for sale or delivering for transportation, or transport in intrastate commerce between points in the state any pesticide that is not labeled as required by ARM (2) For the purpose of determining civil penalties, violations in (1)(a) through (d) shall constitute misuse. If a misuse violation results in proven exposure of humans, agricultural commodities, or livestock, or proven harm to human health, agricultural commodities, livestock, or the environment, the amount of a civil penalty may be determined by using the penalty matrix established for 80-8-306(5)(e)(i), MCA. All other violations under this rule will be subject to civil penalties established in ARM 4.10.1005(4)(j) of the civil penalty matrix.
AUTH: 80-8-105, MCA IMP: 80-8-306, MCA
REASON: This rule was replaced.
4.10.1501 DEFINITION OF TERMS These definitions apply to all regulations and rules adopted under the Montana Pesticides Act, Title 80, chapter 8, MCA unless specified differently by statute or individual rules. (1) through (3) remain the same. (4) "Acute dermal LD50" means a single dermal dose of a substance, expressed as milligrams per kilogram of body weight, that is lethal to 50% of the test population of animals within a specified time period under specified test conditions as prescribed in the Registration Guidelines (5) "Acute LC50" means a concentration of a substance, expressed as parts per million parts of medium, that is lethal to 50% of the test population animals under test conditions as specified in the Registration Guidelines (6) through (55) remain the same. (56) "Inhalation LC50" means concentration of a substance, expressed in milligrams per liter of air or parts per million parts of air, that is lethal to 50% of the test population of animals under test conditions as specified in the Registration Guidelines (57) through (66) remain the same. (67) "No discernible adverse effect" means no adverse effect observable within the limitations and sensitivity specified in the Registration Guidelines (68) through (82) remain the same. (83) "Registration guidelines" means the guidelines and standards used and published by the agency and adopted by the department in reviewing, approving, modifying, denying, suspending, or cancelling the registration of a pesticide formulation (84) through (94) remain the same. (95) "Subacute dietary LC50" means a concentration of a substance, expressed as parts per million in feed, that would be lethal to 50% of the test population of animals under test conditions as specified in the Registration Guidelines (96) through (105) remain the same.
AUTH: 80-8-105, MCA IMP: 80-8-105, MCA
REASON: The CFR rules referenced in ARM 4.10.1501(4), (5), (56), (67), (83) and (95) were changed and are not needed.
4.12.729 TRANSFER OF LIQUIDS (1) through (5) remain the same.
AUTH: 80-10-503, MCA
REASON: This change addresses a typographical error.
4.12.731 LIQUID LEVEL GAUGING DEVICES (1) through (3) remain the same.
AUTH: 80-10-503, MCA
REASON: This change addresses a typographical error.
4.12.742 PRE-EXISTING FACILITIES (1) and (2) remain the same.
AUTH: IMP: 80-10-503, MCA
REASON: This change addresses a typographical error.
4.12.743 TABLES (1) through (4) remain the same.
AUTH: IMP: 80-10-503, MCA
REASON: This change addresses a typographical error.
4.12.1027 DATE OF TERMINATION OF STORAGE CONTRACTS EVIDENCED BY WAREHOUSE RECEIPTS (1) and (2) remain the same.
AUTH: 80-4-403, MCA
REASON: This statue was previously updated but not removed.
4.12.1407 RIGHT TO HOLD NURSERY STOCK FOR INSPECTION – CONDEMNATION OF PRODUCTS (1) through (3) remain the same.
AUTH: 80-1-102, 80-7-109, IMP: 80-7-108, 80-7-110,
REASON: These statutes were replaced by the Montana Quarantine and Pest Management Act.
4.12.1409 QUARANTINE OF PLANT MATERIALS AND NURSERIES (1) and (2) remain the same.
AUTH: 80-1-102, IMP:
REASON: These statutes were replaced by the Montana Quarantine and Pest Management Act.
4.12.1431 CIVIL PENALTIES – MATRIX (1) through (4) remain the same.
AUTH: IMP: 80-7-135, MCA
REASON: This statute was repealed and replaced.
4.12.1438 FEDERAL FEES OR CHARGES (1) remains the same.
REASON: This change removes this statute which was previously repealed and replaced but not removed.
4.12.1439 CLEAN PLANT AND INDEXING CERTIFICATION (1) through (4) remain the same.
AUTH: 80-7-108, 80-7-122 IMP: 80-7-108, 80-7-122
REASON: This statute was repealed and replaced.
4.12.1440 DEPARTMENT CLEAN PLANT AND INDEXING CERTIFICATION RESPONSIBILITIES (1) remains the same.
AUTH: 80-7-108, IMP: 80-7-108,
REASON: These statutes were repealed and replaced.
4.12.1441 CLEAN PLANT AND INDEXING CERTIFICATION PLANS (1) remains the same.
AUTH: 80-7-108, IMP: 80-7-108,
REASON: These statutes were repealed and replaced.
4.12.1442 APPLICANT AND CERTIFIED CLEAN PLANT AND INDEXING ENTITY RESPONSIBILITIES (1) remains the same.
AUTH: 80-7-108, IMP: 80-7-108,
REASON: These statutes were repealed and replaced.
4.12.1443 CLEAN PLANT AND INDEXING CERTIFICATION ENFORCEMENT (1) remains the same.
AUTH: 80-7-108, IMP: 80-7-108,
REASON: These statutes were repealed and replaced.
4.12.1444 PHYTOSANITARY INSPECTION AND CERTIFICATION COSTS – FEES (1) and (2) remain the same.
AUTH: 80-1-102, 80-7-108,
REASON: This change removes this statute which was previously repealed and replaced but not removed.
4.12.2205 MONTANA APPLE GRADE STANDARDS (1) remains the same.
AUTH: 80-3-303, MCA
REASON: This change addresses a typographical error.
4.12.2615 VERIFICATION OF 'MONTANA-GROWN' PRODUCE OR PRODUCE 'GROWN' IN MONTANA (1) through (3) remain the same.
REASON: Statutes regarding itinerant merchants have been repealed.
4.12.3002 HANDLING PROCEDURES (1) remains the same.
AUTH: 80-5-139, MCA IMP: 80-5-104
REASON: Section 80-5-104, MCA was repealed and replaced and 80-5-202, MCA was renumbered.
4.12.3008 LICENSE YEAR (1) remains the same.
REASON: These statues were renumbered.
4.12.3501 GENERAL REQUIREMENTS (1) The Department of Agriculture, pursuant to 80-3-311 and 80-3-315 , MCA, adopts grade standards and inspection procedures to enforce those grades as further set out in these rules. For the purposes of grading certified seed potatoes, the department hereby adopts by reference the United States Standards for Grades of Potatoes as specified in 7 CFR Part 51 sections 1540 through 1566 of the January 1, 1998 edition with the exceptions specified in ARM 4.12.3501 through (2) through (10) remain the same.
IMP: 80-3-104
REASON: This rule was changed to include an additional rule added to ARM and to remove and replace statutes that were subsumed by the Montana Produce Act.
4.12.3502 SEED CLASS DESIGNATION (1) remains the same.
IMP:
REASON: These statutes were replaced by the Montana Produce Act.
4.12.3503 BLUE TAGS (1) remains the same.
IMP:
REASON: These statutes were replaced by the Montana Produce Act.
4.12.3504 RED TAGS (1) remains the same.
IMP:
REASON: These statutes were replaced by the Montana Produce Act.
4.12.3505 BULK SHIPMENTS (1) and (2) remain the same.
IMP:
REASON: These statutes were replaced by the Montana Produce Act.
4.13.1002 GRAIN STANDARDS (1) and (2) remain the same.
AUTH: 80-4-111 IMP: 80-4-111
REASON: These statutes were replaced by the Agricultural Warehouse, Commodity Dealer, and Grain Standards Act.
4.13.1005 MALTING BARLEY GERMINATION (1) and (2) remain the same.
AUTH: 80-4-709, MCA IMP: 80-4-704, 80-4-709, 80-4-710, MCA. Repealed
Last updated: Jan 01, 1997" href="https://app.esper.com/policy/5226451" target="_blank">
REASON: This statute was repealed and replaced.
4.13.1006 CHIT (1) and (2) remain the same.
AUTH: 80-4-709, MCA IMP: 80-4-704, 80-4-709, 80-4-710, MCA. Repealed
Last updated: Jan 01, 1997" href="https://app.esper.com/policy/5226451" target="_blank">
REASON: This statute was repealed and replaced.
4.13.1007 STARCH STRENGTH (1) and (2) remain the same.
AUTH: 80-4-709, MCA IMP: 80-4-704, 80-4-709, 80-4-710, MCA. Repealed
Last updated: Jan 01, 1997" href="https://app.esper.com/policy/5226451" target="_blank">
REASON: This statute was repealed and replaced.
4.16.101 ORGANIZATIONAL RULE (1) The Montana Agriculture Development Council ("council") was created in 1987 (2) through (4) remain the same.
REASON: This change improves readability of the rule without the repealed statute.
4. The department proposes to repeal the following rules:
4.7.101 REPORTS
AUTH: 80-4-209, MCA IMP: 80-4-101, 80-4-202, 80-4-203, 80-4-204, 80-4-205, 80-4-206, 80-4-207, 80-4-208, 80-4-209, MCA
REASON: This rule was repealed by the Agricultural Warehouse, Commodity Dealer, and Grain Standards Act.
4.12.2607 PRODUCE WHOLESALE – MEANING OF TERM – WHO MAY TRANSPORT PRODUCE
AUTH: 80-3-602, MCA IMP: 80-3-610, MCA
REASON: This rule was eliminated by the Montana Produce Act.
OVERALL REASON: As part of the Governor's red tape relief effort, all rules were looked at to correct all errors that might be present. This is meant to correct the entirety of the rules stemming from Title 80, MCA that would create no change in practice.
FINANCIAL IMPACT: None of these changes will have any financial impact and are merely meant to correct technical or typographical errors.
5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, 302 N. Roberts Street, Helena, Montana, 59620-0201; telephone (406) 444-5402; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., December 15, 2023.
6. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. A written request may be mailed or delivered to the contact person in paragraph 5 or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Cort Jensen /s/ Christy Clark Cort Jensen Christy Clark Rule Reviewer Director Department of Agriculture
Certified to the Secretary of State November 7, 2023.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
