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(1)  Identification of forage field grown or harvested includes the following:

(a)  The producer identification number.

(b)  Bales sold in one ton lots or less must be identified individually using a department approved identification marker.

(i)  If each bale in lots of greater than one ton does not have a numbered tag, a transportation certificate is required.

(ii)  If each bale in a load is individually marked with a numbered tag a transportation certificate is not required.

(c)  Forage sold in bulk, including whole grain, must be accompanied by a completed transportation certificate.

(i)  If colored baler twine is used for marking, only one strand of the colored twine is required per bale. However, a completed transportation certificate is required and must specify whether the forage was inspected for Montana noxious weeds or regional noxious weeds.

(ii)  Loads of bulk hay or straw not marked with colored twine may be identified with identification markers (tags)  placed on the four corners of the load.

(d)  All whole grain sold in bags must be marked with a department approved identification marker.

(e)  The producer shall make all reasonable efforts to ensure the whole grain is not contaminated with noxious weed seeds from the time of harvest and storage including delivery to the buyer.

(2)  Forage identification markers and transportation certificates approved by the department will be sold and distributed, respectively, by the department or its agents. The fee assessed for identification markers shall be commensurate with the actual costs of the markers.

(3)  A noxious weed seed free forage product transportation certificate issued and numbered by the department must contain the following:

(a)  a statement that this forage meets the criteria set by the Montana Noxious Weed Seed Free Forage Act;

(b)  name and address of the producer;

(c)  producer identification number;

(d)  name and address of buyer;

(e)  type of forage;

(f)  identification marker (tags, colored baler twine, etc.)  ;

(g)  number of bales by type or tonnage or weight of grain concentrate, pellets or other forage product;

(h)  date of sale;

(i)  seller's signature;

(j)  vehicle operator or driver's signature; this must be signed upon receipt of forage.

(k)  a statement that the forage meets Montana or regional certification standards.

(4)  All forage sold by a producer to a second party (such as a retail outlet)  for resale must be accompanied by the original transportation certificate. The second party (or retail outlet)  will photocopy the original transportation certificate and provide this photocopy plus a receipt to third party buyers of the forage. Third party buyers must have the photocopy of the transportation certificate and the receipt (to show where the forage was purchased)  in their possession when they are transporting or storing forage in a restricted area.

(5)  Identification of forage that has been pelleted, cubed or other related products shall include the following:

(a)  Certified grain concentrates, pellets, cubes or other forage byproducts must have a separate label attached showing proof of certification of the contents with the following statement: "MONTANA CERTIFIED Noxious Weed Seed Free Forage NOTE: Certification means this product has been inspected by an agent of the MT NWSFF program using recognized inspection methods and no noxious weed seed was detected."

(b)  For out-of-state pelleted, cubed or grain concentrate products the label on the product must be in compliance with Montana's standards for Noxious Weed Seed Free Forage. Montana may enter into reciprocal agreements with other states, agencies, and/or provinces that will identify the certification procedures to be used.

(c)  All identification labels for grain concentrates, pellets, cubes or other forage products manufactured in Montana must be obtained from the department.

(6)  It is the responsibility of each producer to make sure that all certified NWSFF sold under the program is properly labeled and identified with transportation certificates before it leaves the premises.

History: 80-7-909, MCA; IMP, 80-7-905, 80-7-906, MCA; NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 1998 MAR p. 2260, Eff. 8/28/98; AMD, 2004 MAR p. 311, Eff. 2/13/04.

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