In the matter of the proposed amendment of ARM 4.6.302 relating to cherry assessment

) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

 

1. On July 10, 2008, at 3:00 p.m. the Montana Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 303 N. Roberts at 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 and 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 June 26, 2008, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen at the Montana Department of Agriculture, 303 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 amended provides as follows, new matter underlined, deleted matter interlined:

 

4.6.302 ANNUAL CHERRY COMMODITY ASSESSMENT-COLLECTION

(1) remains the same.

(2) The assessment shall be one-half cent per pound on all cherries grown and marketed commercially in Montana by those growers producing and marketing more than 200 pounds annually.

(3) remains the same.

 

AUTH: 80-11-504, MCA

IMP: 80-11-515, 80-11-516, MCA

 

 

REASON: Based on the amount of revenue currently in the Montana Cherry Research and Market Development Program account and coupled with requests from the cherry industry, the Montana Cherry Advisory Committee voted to reduce the cherry assessment from one cent to one-half cent per pound. It is estimated that this will impact 75-100 cherry producers in Montana and will raise approximately $20,000 per year for research and market development.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action 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, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; Fax: (406) 444-5409; or e-mail: agr@mt.gov. Any comments must be received no later than 5:00 p.m. on July 10, 2008.

 

5. 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, 303 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.

 

6. An electronic copy of this Notice of Public Hearing on Proposed Amendment is available through the department's web site at www.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.

 

7. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was notified on May 15, 2008 by regular mail. For previous rule projects involving the same bill, the primary sponsor was given appropriate notice.

 

 

DEPARTMENT OF AGRICULTURE

 

 

 

/s/ Ron de Yong                                      /s/ Cort Jensen

Ron de Yong, Director                           Cort Jensen, Rule Reviewer

 

Certified to the Secretary of State, June 2, 2008.