BEFORE THE Department of REVENUE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 42.39.310 pertaining to a waste management process revision

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CORRECTED NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On August 5, 2022, the Department of Revenue published MAR Notice No. 42-1060 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1648 of the 2022 Montana Administrative Register, Issue Number 15. On September 23, 2022, the department published the notice of amendment at page 1945 of the 2022 Montana Administrative Register, Issue Number 18.

 

2. The first sentence of ARM 42.39.310(10) which the department amended upon adoption based on comments contains two minor typographical inconsistencies which require correction. The rule, as amended in corrected form, reads as follows, deleted matter interlined, new matter underlined:

 

42.39.310 WASTE MANAGEMENT (1) through (9) remain as adopted.

(10) After the expiration of the 72-hour period in (9), a licensee may dispose of marijuana waste other than usable marijuana as defined in 16-12-102 , MCA, without rendering it unusable pursuant to (3) by releasing them it to a third-party contractor to render them it unusable. A licensee must provide the department with a copy of the waste removal agreement with the third-party contractor before commencing services and must maintain the contract in the binder of documents required by ARM 42.39.105(6). The third-party contractor may process marijuana stalks and stems into non-marijuana products or otherwise render the marijuana stalks and stems unusable.

 

AUTH: 16-12-112, MCA

IMP: 16-12-103, 16-12-105, 16-12-112, 16-12-203, 16-12-210, MCA

 

3.  The replacement pages for this corrected notice were submitted to the Secretary of State on September 30, 2022.

 

 

/s/ Todd Olson                                              /s/ David R. Stewart for                              

Todd Olson                                                   Brendan Beatty

Rule Reviewer                                              Director of Revenue

 

Certified to the Secretary of State September 27, 2022.