Montana Administrative Register Notice 32-19-302 No. 3   02/14/2020    
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In the matter of the adoption of NEW RULE I pertaining to federal-state poultry grading service – shell eggs










            To: All Concerned Persons


            1.  The Department of Livestock proposes to adopt the above-stated rule.

            2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process or 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 March 6, 2020 to advise us of the nature of the accommodation that you need. Please contact the Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: (800) 253-4091; fax: (406) 444-1929; e-mail: MDOLcomments@mt.gov.

3. The rule as proposed to be adopted provides as follows:


NEW RULE I  FEDERAL-STATE POULTRY GRADING SERVICE – SHELL EGGS (1) The department shall charge fees and expenses for shell egg grading, auditing, and regulatory services as stipulated in the Cooperative Agreement between the Agricultural Marketing Service of the United States Department of Agriculture and the department.

AUTH:  81-1-102, 81-2-102, 81-2-104, 81-20-101, MCA

IMP: 81-1-102, 81-2-102, 81-2-104, 81-20-101, 81-20-201, MCA


REASON: The department proposes to adopt NEW RULE I to provide the regulatory authority for fees and expenses. The department provides USDA grading services for shell egg producers as determined by the Cooperative Agreement 19-LQAD- MT0021, which establishes the fees to be charged for the services.


            4. Concerned persons may submit their data, views, or arguments in writing concerning the proposed action to the Executive Officer, Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov to be received no later than 5:00 p.m., March 13, 2020.


            5. If persons who are directly affected by the proposed action wish to express their data, views, or 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., March 13, 2020.


            6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the businesses 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 directly affected by this rule has been determined to be 4, based on 39 producers from Montana Egg Plant, LLC.


            7. The department 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 that 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 the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.


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


            9. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rule will not significantly and directly impact small businesses.



BY:      /s/ Michael S. Honeycutt                             BY:      /s/ Cinda Young-Eichenfels

            Michael S. Honeycutt                                             Cinda Young-Eichenfels

            Executive Officer                                                    Rule Reviewer

            Board of Livestock

            Department of Livestock


Certified to the Secretary of State February 4, 2020.


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