Montana Administrative Register Notice 4-20-266 No. 6   03/27/2020    
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In the matter of the amendment of ARM 4.12.3011 pertaining to Restricted Weed Seeds







TO: All Concerned Persons


            1. On April 17, 2020, at 10:30 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts, 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 Department of Agriculture no later than 5:00 p.m. on April 10, 2020, 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) 444-3156; fax (406) 444-5409; or e-mail agr@mt.gov.


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


4.12.3011 RESTRICTED WEED SEEDS (1) The name and number of restricted weed seed must be shown on the label.  When the number of restricted weed seeds exceeds the allowance, the seed lot is prohibited for sale in Montana.

(2) Seeds offered for sale or sold shall not contain the following restricted weed seeds in quantities in excess of those listed below:

                                                                                                                               No. of Seeds

Common Name                                           Species                                              Per Pound


(a) Quackgrass                                          (Agropyron repens)                                           0

(b) Perennial Sowthistle                          (Sonchus arvensis)                                           0

(c) Wild Oats                                               (Avena fatua)                                                   45

                                                                                                                              of grass seed


                                                                                                                          of all other seed

(d) Dodder                                                  (Cuscuta spp.)                                                   9

(e) Curly Dock                                            (Rumex crispus)                                              45

(f) Jointed Goatgrass                                (Aegilops cylindrica)                                          0

(g) Persian Darnel                                    (Lolium persicum)                                              9

                                                                                                                              of grass seed


                                                                                                                          of all other seed

(h) Yellow Toadflax                                   (Linaria vulgaris)                                                0

(h) Palmer Amaranth                                (Amaranthus palmeri)                                       0


AUTH: 80-5-139, MCA

IMP: 80-5-120, MCA


REASON: The Department of Agriculture is amending ARM 4.12.3011 because yellow toadflax (Linaria vulgaris) is listed as a Priority 2B Noxious Weed (ARM 4.5.2019) and prohibited in seed (ARM 4.12.3010). Therefore, it is removed from the listing. Palmer amaranth is added to the listing as an invasive weed. It has not been detected in Montana but has the potential to be introduced through contaminated seed from out-of-state.  Palmer amaranth has developed multi-modal herbicide resistance in other states and can contaminate agricultural seed in areas where it occurs which poses an imminent threat to Montana agricultural producers for the 2020 planting season.  It is regulated as a Noxious Weed or prohibited plant in the states of Iowa, Ohio, Minnesota, North Dakota, South Dakota, Tennessee, Washington, and Wisconsin.  The department recognizes that the hazard presented by Palmer amaranth to crop and forage production in Montana cannot be averted or remedied by any other administrative act.  The economic impact of this rule amendment will be to prevent the intentional shipment of palmer amaranth seeds and seed mix containing it into Montana.  This will impact buyers and sellers but does not prevent them sending it elsewhere such as the southwest USA where it is not prohibited.  The department has no way to know the exact financial impact, but it is assumed to be vastly lower than the cost of allowing palmer amaranth to become an established weed in Montana.


            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, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3156; fax (406) 444-5409; or e-mail agr@mt.gov, and must be received no later than 5:00 p.m., April 30, 2020.


            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 March 17, 2020.


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