Montana Administrative Register Notice 4-14-209 No. 13   07/12/2012    
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In the matter of the adoption of New Rule I pertaining to the addition of beans and pulse crops to the listed

commodities of Montana







TO:  All Concerned Persons


            1.  On August 2, 2012, at 3:00 p.m. the Montana Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts at Helena, Montana, to consider the proposed adoption of the above-stated rule.


2.  The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, contact Department of Agriculture no later than 5:00 p.m. on July 26, 2012, to advise us of the nature of the accommodation that you need.  Please contact Cort Jensen at the Montana Department of Agriculture, 302 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; phone: (406) 444-3144; fax: (406) 444-5409; or e-mail:  agr@mt.gov.


3.  The rule as proposed to be adopted provides as follows:


NEW RULE I  OTHER COMMODITIES  (1)  In addition to those specified commodities in 80-4-402, MCA, the following crops are commodities for all purposes:

(a)  pulse crops including but not limited to peas, dried peas, chickpeas, and lentils;

(b)  beans.


AUTH:  80-4-402, MCA

IMP:  80-4-402, 80-4-501, 80-4-601, 80-4-704, MCA


REASON:  The increased acreage of these valuable crops necessitates treating them as commodities in order to protect the growers of these crops from loss by purchasers and warehouse operators.  It will also create a level regulatory field between these crops and wheat/barley.  This change will necessitate those wishing to buy or store these crops to obtain the proper license and secure bonding.


FINANCIAL IMPACT:  Some purchasers are already licensed either voluntarily or as the buyer/warehouse of other commodities, for them there will be minimal impact.  For those not currently licensed and bonded, the likely impact will be the license fees of $464 for a commodity dealer and $464 for a commodity warehouse.  In addition, a company will have to be bonded based on the amount they store or buy up to the maximum amounts set by law.

            4.  Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to:  Cort Jensen at the Montana Department of Agriculture, 302 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; telephone (406) 444-3144; fax: (406) 444-5409; or e-mail: agr@mt.gov, and must be received no later than 5:00 p.m. on August 9, 2012.


5.  Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.


6.  The Department of Agriculture 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 which includes the name, e-mail, and mailing address of the person 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.  Such written request may be mailed or delivered to Montana Department of Agriculture, 302 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; fax: (406) 444-5409; or e-mail:  agr@mt.gov or may be made by completing a request form at any rules hearing held by the Department of Agriculture.


7.  An electronic copy of this Notice of Proposed Adoption is available through the department's web site at agr.mt.gov, under the Administrative Rules section.  The department strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


            8.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.








/s/  Cort Jensen                                             /s/  Ron de Yong                                          

Rule Reviewer                                               Director


Certified to the Secretary of State, July 2, 2012.


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