Montana Administrative Register Notice 4-18-252 No. 23   12/07/2018    
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In the matter of the amendment of ARM 4.6.202 pertaining to potato commodity assessment collection






TO: All Concerned Persons


            1. On January 3, 2019, at 10:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at 302 N. Roberts, in Helena, Montana, to consider the proposed amendment 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 or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Agriculture no later than 5:00 p.m. on December 28, 2018, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail agr@mt.gov.


3. The rule proposed to be amended provides as follows, new matter underlined, deleted matter interlined:



(1) Section 80-11-516, MCA charges the Montana Department of Agriculture with collecting the commodity assessment.

(2) The assessment shall must be $.03 $.025 per hundredweight on all potatoes grown and marketed commercially in Montana by those growers producing and marketing more than 50,000 pounds annually.

(3) The assessment will be collected by the Montana Department of Agriculture at the time certified seed potato producers are invoiced for inspection fees for certification and by the purchaser at the first point of sale for all other potato producers.


AUTH: 80-11-504, MCA

IMP: 80-11-515, MCA


REASON: The Montana Potato Advisory Committee recommended lowering the assessment based on the needs of their industry at their meeting held on November 6, 2018. Based on the amount of total collected assessments last year, reducing the assessment will generate $15,444 less per year for research and marketing.

            The number of persons affected by reducing the assessment is 43 individuals. Each grower receives a potato research fee which is included with their invoice upon inspection from the department. Savings among the growers will vary from 20 cents to $1,132.


            4. 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, PO Box 200201, Helena, Montana, 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., January 11, 2019.


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


6. 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. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.


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


8. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Cort Jensen                                            /s/ Ben Thomas                                          

Cort Jensen                                                 Ben Thomas

Rule Reviewer                                             Director



Certified to the Secretary of State November 27, 2018.


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