Montana Administrative Register Notice 32-10-211 No. 12   06/24/2010    
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In the matter of the amendment of ARM 32.23.102, pertaining to transactions involving the purchase and resale of milk within the state and ARM 32.24.504, pertaining to quota transfers












            TO:  All Concerned Persons


            1.         On July 30, 2010, the Department of Livestock proposes to amend the above-stated rules.


            2.         The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on July 14, 2010 to advise us of the nature of the accommodation that you need.  Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; phone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.


            3.         The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:


      32.23.102  TRANSACTIONS INVOLVING THE PURCHASE AND RESALE OF MILK WITHIN THE STATE  (1)  through (7) remain the same.

            (8)  On or before the eighth business day after the end of each month, in detail and on forms supplied by the department, each distributor must submit to the department a report of the information required by ARM 32.23.512 32.24.512, and a report of:

            (a)  through (16) remain the same.


            AUTH: 81-23-103, MCA

            IMP:                81-23-103, 81-23-402, MCA


REASON:  The rule is being amended to correct a typographical error.


            32.24.504  TRANSFER OF QUOTA  (1)  and (1)(a) remain the same.

      (b)  The Milk Control Bureau must be notified in writing by the proposed quota transferor at least 10 seven days prior to the first day of the month during which the transfer is contemplated.  Such notice must include the name of the prospective transferee, the effective date of the proposed transfer, and the amount of quota to be transferred.  The producer must also notify his pool plant of his transfer.  The bureau will notify the producer committee of any proposed transfers.

            (c)  remains the same.

            (d)  Except for an emergency approved by the producer committee, quota acquired through transfer may not be retransferred for six months.

            (e)  remains the same but is renumbered (d).


            AUTH: 81-23-302, MCA

            IMP:                81-23-302, MCA


REASON:  The rule is being amended to give the dairy producers a little more time to submit quota transfers to the Milk Control Bureau and to repeal the six month requirement to hold quota before it can be transferred after it is purchased.


            4.         The effective date shall be September 1, 2010.


            5.         Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT  59620-2001, by faxing to (406) 444-4316, or by e-mailing to cmackay@mt.gov to be received no later than 5:00 p.m. July 26, 2010.


            6.         If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above.  The written request for hearing must be received no later than 5:00 p.m. July 26, 2010.


            7.         If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date.  Notice of the public hearing will be published in the Montana Administrative Register.  Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.


            8.         An electronic copy of this proposal notice is available through the department's site at www.liv.mt.gov.


            9.         The Montana Department of Livestock maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by this department.  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 the area of interest that the person wishes to receive notices regarding.  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 Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; faxed to (406) 444-4316 "attention Christian Mackay"; or e-mailed to cmackay@mt.gov.  Request forms may also be completed at any rules hearing held by the department.


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






BY:      /s/ Christian Mackay                                BY:      /s/ George H. Harris                       

            Christian Mackay                                                George H. Harris

            Executive Officer                                                 Rule Reviewer

            Board of Livestock

            Department of Livestock


            Certified to the Secretary of State June 14, 2010.




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