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Montana Administrative Register Notice 4-14-185 No. 15   08/13/2009    
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BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.12.3402 pertaining to raising the seed laboratory analysis fees

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On September 3, 2009 at 10:00 a.m., the Montana Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 303 North 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 Department of Agriculture no later than 5:00 p.m. on August 28, 2009, to advise us of the nature of the accommodation that you need.  Please contact Cort Jensen, Department of Agriculture, 303 North Roberts, 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 as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

4.12.3402  SEED LABORATORY ANALYSIS FEES  (1)  The Montana seed laboratory, Montana State University, Bozeman, Montana will test samples of seeds submitted for purity, germination, and miscellaneous tests.  All samples of seed analyzed and tested shall be at the following rates:

 

FEE SCHEDULE

(All prices are in U.S. dollars)

 

KIND OF SEED

PURITY

ONLY

 

GERMINATION ONLY

 

PURITY & GERMINATION

TZ

ONLY

Bentgrasses, Redtop

$44.0055.00

$24.0030.00

$68.0044.00

Bluegrass, Alkaligrass

30.0038.00

24.0030.00

54.0044.00

Bluestems, Gamma, Galleta, & Indiangrass

70.0088.00

25.0031.00

95.0056.00

Bromegrass, Fescue, Orchardgrass & Ryegrass

25.0031.00

18.0023.00

43.0044.00

Canarygrass

24.0030.00

16.0020.00

40.0044.00

Cereals: i.e., (includes seed count)  barley*, wheat, rye, triticale, corn, spelt, emmer

15.0026.00

12.0015.00

27.0044.00

Flax

15.0019.00

12.0015.00

27.0056.00

Flowers

25.0031.00

25.0031.00

50.0056.00

Foxtails, creeping* & meadow

45.0056.00

25.0031.00

70.0044.00

Grama, blue, & sideoats

45.0056.00

25.0031.00

70.0056.00

Indian ricegrass* (includes dormancy)

20.0025.00

42.0053.00

62.0044.00

Legumes, large seeded

15.0019.00

15.0019.00

30.0044.00

Legumes, small seeded

15.0019.00

12.0019.00

27.0044.00

Millets

22.0028.00

18.0023.00

40.0044.00

Mustards, Rape

20.0025.00

15.0019.00

35.0044.00

Natives (Indigenous)

30.0038.00

25.0031.00

55.0056.00

Needlegrass* (includes dormancy)

$20.0025.00

$42.0053.00

$62.0044.00

Oats (includes seed count)

      16.00

      12.00

      28.00

Prairie sandreed

45.0056.00

25.0031.00

70.0044.00

Safflower & Sunflower

15.0019.00

15.0019.00

30.0044.00

Sage Brush

32.0054.00

25.0031.00

57.0056.00

Saltbushes

20.0025.00

25.0031.00

45.0056.00

Small Seeds (more than 2,500 seeds per gram)

35.0078.00

24.0030.00

59.0056.00

Sorghums, grain & Sudangrass

13.0016.00

15.0019.00

28.0044.00

Sugarbeets

13.0016.00

15.0019.00

28.0044.00

Timothy

18.0023.00

15.0019.00

33.0044.00

Tree

25.0031.00

25.0031.00

50.0056.00

Wheatgrasses*

beardless, bluebunch,

crested, intermediate,

pubescent, slender,

streambank, tall, &

thickspike

30.0038.00

18.0023.00

48.0044.00

      NewHY

      30.00/hr

20.0025.00

30.00/hr plus

20.0044.00

      western

35.0050.00

25.0031.00

60.0044.00

White Wheat (includes potassium hydroxide text & seed count)

23.0029.00

12.0015.00

25.0044.00

Wildryes

30.0038.00

20.0025.00

50.0044.00

Wild Flowers

25.0031.00

25.0031.00

50.0056.00

Vegetables

15.0019.00

12.0015.00

27.0044.00

 

MIXTURES:

            (See hourly rate)

 

            Tetrazolium Test (TZ):  $35.0044.00 except for labor intensive species ‑ $45.0056.00

 

            *Laboratory analysis may report that the sample contains dormant seed.

 

(2)  Fees for additional services provided by the seed laboratory:

            Hourly rate               $30.0045.00 (for services including testing mixtures,

                                              excessively high inert (>5%) or time consuming samples)

            Rush                                       $60.00 (expedite sample before routine samples)

            BSMV                                     $45.0070.00 (Barley Stripe Mosaic Virus Test)

            Seed ID                                  $10.00 (per seed identification)or hourly

            Dormancy                              $18.00 (in addition to germination charges)

            Utricle Fill                               $20.00 (in addition to germination charges)

            FAX                                        $3.00 (to send analysis reports)

            Phone                                     $3.00 (to send analysis reports)

            Other State, USA,

            or Western Noxious Exam   $7.00 (in addition to normal rate)

            Canadian Rules     $30.00/hrhourly (samples tested in accordance with

                                             Canadian rules)

            ISTA Rules                             $30.00/hrhourly (samples tested in accordance with ISTA rules)

            Ascochyta test                       $45.0065.00

            Potassium Hydroxide

                         (KOH)                         $7.00

            MSGA – Cereals                  $7.00

            Herbicide bioassay              $25.00

            Clearfield/herbicide

                        bioassay confirm       $50.00

            Moisture                                 $10.0045.00

            Seed count                            $2.008.00

            ELIZA (per 3 strips)              $25.00

            Credit card payment             5% handling fee

            Grass envelopes                   $0.50

            Cereal envelopes                  $0.60

            Return sample                       $3.00Postage due with minimum of - $5.00

 

 

AUTH: 80-5-139, MCA

IMP: 80-5-126, 80-5-128, MCA

 

                Reason:  The lab has experienced budget shortfalls in the last several years and the Montana Agricultural Experiment Station has determined not to allow any budget shortfalls in the amounts allowed in the past.  According to information from MAES Director Jeff Jacobsen, the lab has cost MAES extra money in cost overrides seven of the last nine years, and he has stated that he will not allow that process to continue.  Based on the previous year, the lab did 4239 samples creating an income of $195,236.50 (or $46.06 income per sample).  Since the cost of doing business at the Seed Lab was $245,307.36, the actual cost per sample to break even was $57.86.  If the lab did the same amount of samples this year, with the 25% fee increase, we could come close to meeting that $57.86 cost figure (4239 samples at last year's income + 25% would be $244,045).  Prices were adjusted up for Moisture content, BSMV and Seed Count tests to more accurately reflect the cost of doing the tests themselves.  All three of these test prices were raised more than the 25% increase figure used for the rest of the price increases.  The lab is required to defray its operating costs through the testing fees it charges.  The 25% price increase should allow the lab to defray the excessive budget cost overrides experienced in the last few years.

 

            Economic Impact:  Using last year's sample numbers (4239 samples submitted for testing), the fee increase could add $48,000 in income annually.  Of immediate concern is the potential income increase for the last few months of FY09.  Based on the number of samples submitted the final five months of the last fiscal year (in the final five months of FY 08, 1330 samples were received; based on the 15-year average, 1848 samples would be received during this time frame) the 25% fee increase could result in an extra $15,300 for last year's number or $21,200 if the 15-year average sample number is used from February through June.  The average per-sample income should increase from $46.06 to approximately $57.58.  The MAES Director has indicated that some modest lab operational cost overrides could be tolerated.

 

            4.  Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing.  Written data, views, or arguments may be submitted to: Cort Jensen at the Montana Department of Agriculture, 303 N. Roberts, P. O. Box 200201, Helena, MT, 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., September 10, 2009.

 

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

 

6.  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 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 Montana Department of Agriculture, 303 N. Roberts, P.O. Box 200201, Helena, MT 59620-0201 or may be made by completing a request form at any rules hearing held by the Department of Agriculture.

 

7.  An electronic copy of this Proposal Notice 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.

 

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

 

 

 

/s/ Cort Jensen                                              /s/ Ron de Yong                                            

Cort Jensen                                                   Ron de Yong

Rule Reviewer                                               Director

                                                                        Montana Department of Agriculture

           

Certified to the Secretary of State August 3, 2009.

 

 

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