Mont. Code Ann. § 80-5-141 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-141
80-5-141 Rules by Montana state university-Bozeman -- certification agencies
Status: in_force

80-5-141 . Rules by Montana state university-Bozeman -- certification agencies. Every person, firm, association, or corporation subject to the provisions of 80-5-140 through 80-5-144 shall observe, perform, or comply with all rules and standards for seed certification established or specified by Montana state university-Bozeman, hereafter referred to as the university, as to what crops grown or to be grown in Montana shall be eligible for certification hereunder, as to the conduct of such certification, either by said university directly or by agents or agencies authorized by it for the purpose, and as to standards, requirements, and forms of and for certification hereunder; provided, however, that not more than one such agent or agency for certification shall be designated for any one specified crop. No certification within the provisions of 80-5-140 through 80-5-144 shall be made or authorized except by or through said university.
Mont. Code Ann. § 80-15-203 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-203
80-15-203 Evaluation and use of monitoring results
Status: in_force

80-15-203 . Evaluation and use of monitoring results. (1) When providing preliminary monitoring results or confirmed monitoring results to ground water users or the public, the department and the department of environmental quality shall also provide any applicable standard or interim numerical standard.

(2) When monitoring results reveal the presence of an agricultural chemical in ground water:

(a) the department of environmental quality is the lead department for determining health risks; and

(b) the department is the lead department for determining compliance with agricultural chemical ground water management plans authorized by 80-15-211 through 80-15-218 and with agricultural chemical registration, use, and labeling requirements and conditions pursuant to Title 80, chapters 8 and 10.

(3) The department and the department of environmental quality shall cooperatively evaluate the results of monitoring programs authorized by 80-15-202 .

(4) Based on the results of monitoring, the department and the department of environmental quality shall implement appropriate actions specified in this chapter to mitigate any existing impacts of an agricultural chemical found in ground water and to prevent future impacts of an agricultural chemical that may be found in ground water, in relation to human health, agriculture, and the environment.

(5) The department may not undertake compliance and enforcement actions authorized by this chapter and the department of environmental quality may not undertake compliance and enforcement actions authorized by Title 75, chapter 5, unless there is sufficient evidence collected through:

(a) monitoring at a point of standards application that reveals that a person using an agricultural chemical or introducing or discharging the chemical into ground water has violated a provision of 80-15-402 or Title 75, chapter 5;

(b) other investigations that reveal that a person using an agricultural chemical or introducing or discharging the chemical into ground water has violated a provision of 80-15-402 or Title 75, chapter 5; or

(c) monitoring that reveals a significant probability for an agricultural chemical to enter ground water.
Mont. Code Ann. § 80-5-402 — MT Code / Title 80 / Chapter 5 / Part 4 / Section 80-5-402
80-5-402 Definitions
Status: in_force

80-5-402 . Definitions. As used in this part, the following definitions apply:

(1) "Certified seed potatoes" means potato seed stock that has passed limited field and storage inspections and that has been grown in accordance with the certification rules and regulations of an official seed potato certifying agency of the state or country of origin and certified as such.

(2) "Commercial purpose" means planting or propagating potatoes for the purpose of selling, trading, or otherwise exchanging for profit.

(3) "Department" means the department of agriculture provided for in 2-15-3001 .

(4) "Person" means an individual, firm, partnership, corporation, company, association, or separate business or legal entity.

(5) "Seed potatoes" or "potato seed" means all varieties of potato tubers, stems, and other plant parts of the herb plant known as Solanum tuberosum that are intended or used for seed purposes, planting, propagation, or reproduction.
Mont. Code Ann. § 80-7-704 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-704
80-7-704 Disposition of fines and inspection fees
Status: in_force

80-7-704 . Disposition of fines and inspection fees. All fines levied as provided in 80-7-703 , except fines paid to a justice's court, and all fees collected from inspections must be deposited with the department of revenue to the credit of the state special revenue fund for the use of the department for the purpose of administering and enforcing 80-7-701 through 80-7-704 .
Mont. Code Ann. § 80-4-722 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-722
80-4-722 Records of inspection
Status: in_force

80-4-722 . Records of inspection. (1) The official agricultural commodity inspectors, samplers, and weighers have exclusive control at places provided for state inspection of the weighing and grading of agricultural commodities to be inspected. Suitable books and records must be kept in which must be entered an accurate record of every carload or truckload of agricultural commodities inspected or weighed by them. The records must show for each car or truck:

(a) the number or other designation of the car or truck;

(b) the net weight of the agricultural commodity;

(c) the kind of agricultural commodity and its grade and, if graded below standard No. 1 grade, the reason for the grade.

(2) For each carload or truckload of agricultural commodities, the official agricultural commodity inspector shall give a certificate of inspection, showing the kind and grade of the agricultural commodity, the reason for all grades below No. 1, and the amount to be allowed for dockage, if any. For each carload or truckload weighed, the weigher shall give a weight certificate showing the true weight and containing a statement on the condition of the car or truck and evidences of leakage or damage, if any.

(3) The inspection and weight certificates must be made available to the warehouse loading or unloading the agricultural commodity, the shipper or the shipper's agent, and the railroad company or other carrier by which the agricultural commodity was shipped or carried.

(4) Official agricultural commodity inspectors and weighers shall also keep an accurate record of all appeals and decisions and a complete record of every official act, which books and records must be open to inspection by any party of interest.
Mont. Code Ann. § 80-4-522 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-522
80-4-522 Schedule of charges -- posting
Status: in_force

80-4-522 . Schedule of charges -- posting. (1) Before a license to conduct a warehouse is granted, the warehouse operator shall file with the director a copy of the schedule of charges for storage and other services. The schedule must be posted in a conspicuous place in the warehouse.

(2) All charges made by a warehouse operator for the handling and storage of agricultural commodities must be just and reasonable. However, the director may, upon the complaint of any person or upon the director's own motion, hold a public hearing and may declare any existing charges for handling or storage of any agricultural commodity to be unreasonable or unjust. After the hearing, the director shall determine and order what is a just and reasonable charge to be imposed or enforced in place of that found to be unreasonable or unjust.

(3) Failure to file and post scheduled charges for the current year will keep in full force the most recently posted and filed schedule rates.

(4) In all cases, the producers must receive the first 15 days of storage without charge.
Mont. Code Ann. § 80-7-404 — MT Code / Title 80 / Chapter 7 / Part 4 / Section 80-7-404
80-7-404 Penalty
Status: in_force

80-7-404 . Penalty. (1) A person who violates the quarantines, procedures, or rules of the department adopted under 80-7-402 commits a civil offense and is subject to a civil penalty of not more than $5,000 for each violation.

(2) Assessment of a civil penalty may be made in conjunction with another warning, order, or administrative action authorized by this part. A civil penalty collected under this section must be deposited in the general fund.

(3) The department shall establish by rule:

(a) a penalty schedule that establishes the types of penalties and the amounts, not to exceed $5,000, for initial and subsequent offenses; and

(b) other matters necessary for the enforcement of civil penalties.

(4) This section may not be construed as requiring the department or its agents to report violations of 80-7-402 when the department believes that the public interest will be best served by a suitable notice of warning.
Mont. Code Ann. § 80-4-406 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-406
80-4-406 Appointment by nonresident licensee of agent to receive process
Status: in_force

80-4-406 . Appointment by nonresident licensee of agent to receive process. A nonresident applying for a license under this chapter shall file a written power of attorney, designating the secretary of state as the nonresident's agent upon whom service of process may be had if legal action is brought against the nonresident. A nonresident who has an appointed resident agent upon whom legal process may be served as provided by law is not required to designate the secretary of state as the nonresident's agent for service of process. The department must be furnished a copy of the designation of the resident agent, and the copy must be certified by the secretary of state.
Mont. Code Ann. § 80-5-403 — MT Code / Title 80 / Chapter 5 / Part 4 / Section 80-5-403
80-5-403 Imported seed potatoes -- restrictions -- exceptions
Status: in_force

80-5-403 . Imported seed potatoes -- restrictions -- exceptions. (1) To control and prevent the spread of contagious diseases among seed potato stock, seed potatoes may not be imported into this state for any commercial purpose unless the seed potatoes are:

(a) from seed stock produced as a part of a certified seed potato crop in the state or country of origin and certified as being from that stock;

(b) subject to inspection at the Montana receiving point by a federal or state-federal standard grade inspector;

(c) shipped in a clean, disinfected container or transportation carrier; and

(d) accompanied by a United States department of agriculture or state of origin certification of inspection describing the seed variety, seed class, standard grade, quality or condition, and seed source and have affixed to each inspection certificate an official state of origin seed potato certification tag or label.

(2) The provisions of subsection (1) do not apply to any unit of the Montana university system when it is importing into this state potato seed for research or educational purposes.

(3) Seed or commercial potatoes, equipment, machinery, bags, or containers known to be diseased or contaminated with bacterial ring rot, golden nematode, or other diseases designated by department rule may not be brought into this state.
Mont. Code Ann. § 80-6-301 — MT Code / Title 80 / Chapter 6 / Part 3 / Section 80-6-301
80-6-301 Orders effective until reversed or modified by court
Status: in_force

80-6-301 . Orders effective until reversed or modified by court. An order or rule adopted by the department, including an order refusing a permit for the establishment of a new apiary location, is effective until reversed or modified by a final decision of a court of competent jurisdiction and while such action is pending, as defined in 25-1-103 . An injunction or other process or writ may not be issued by a court restraining enforcement until that final determination.
Mont. Code Ann. § 80-10-507 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-507
80-10-507 Variance
Status: in_force

80-10-507 . Variance. A person who owns or controls a facility may request in writing from the department a variance, which is an exemption or partial exemption from any rule governing the design, construction, repair, alteration, location, installation, or operation of a facility.
Mont. Code Ann. § 80-7-801 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-801
80-7-801 Definitions
Status: in_force

80-7-801 . Definitions. As used in this part, the following definitions apply:

(1) "Crop weed" means any plant commonly accepted as a weed and for which grants for management research, evaluation, and education under 80-7-814 (5)(g) may be given.

(2) "Department" means the department of agriculture established in 2-15-3001 .

(3) "Noxious weed" means any weed defined in 7-22-2101 (9)(a).
Mont. Code Ann. § 80-7-106 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-106
80-7-106 License required -- application and payment of license fee -- exemption
Status: in_force

80-7-106 . License required -- application and payment of license fee -- exemption. (1) (a) Except as provided in subsection (1)(b), a firm, nursery, plant dealer, or landscape service engaging in the business of selling or distributing nursery stock in this state shall obtain a license from the department for each location.

(b) A firm, nursery, plant dealer, or landscape service is not required to obtain a license in Montana if the firm, nursery, plant dealer, or landscape service is licensed as a nursery in another state and the state in which the firm, nursery, plant dealer, or landscape service is licensed grants nonresident licenses to residents of this state on the same basis.

(2) The license must be in the name of the firm, nursery, plant dealer, or landscape service seeking the license and expires on the anniversary date established by rule by the board of review established in 30-16-302 . The applicant shall provide information that the department finds necessary to carry out the provisions and purposes of this chapter and in the form determined by rule by the board of review established in 30-16-302 .

(3) (a) The license fees for each location for a firm, nursery, or plant dealer are as follows:

Gross annual sales of nursery stock: Fee range: not more than $5,000 $25 to $35 $5,001 to $75,000 $135 to $185 $75,001 to $150,000 $200 to $250 $150,001 to $250,000 $300 to $350 Over $250,000 $400 to $450

(b) A landscape service shall pay a license fee of not less than $150 or more than $200. A landscape service that sells nursery stock shall pay a license fee for either a landscape service or a nursery, whichever is greater.

(c) A sod farmer shall pay a license fee of not less than $220 or more than $270.

(d) The department may adjust by rule a license fee within the fee range described in this subsection (3) to maintain funding for this part. When calculating a license fee, the department shall adjust gross sales down to the nearest dollar.

(4) A new applicant or a firm, nursery, plant dealer, or landscape service failing to renew a license for any location on or before the annual anniversary date provided for in subsection (2) shall pay an additional nonrefundable late fee of $25 for the license for the location.

(5) The fees required by this section may be paid by credit card.
Mont. Code Ann. § 80-11-208 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-208
80-11-208 Receipt of gifts, grants, or donations for research purposes
Status: in_force

80-11-208 . Receipt of gifts, grants, or donations for research purposes. The department may receive any gifts, grants, or donations for any research of scientific inquiries conducted under this part and may spend them in compliance with the conditions of the grants, gifts, and donations.
Mont. Code Ann. § 80-20-104 — MT Code / Title 80 / Chapter 20 / Part 1 / Section 80-20-104
80-20-104 Action for damage
Status: in_force

80-20-104 . Action for damage. (1) A person who has been damaged by reason of a violation of 80-20-103 may bring against the person who caused the damage an action in the district court to recover actual and consequential damages and court costs and reasonable attorney fees.

(2) This part may not be construed to affect any other rights of a person who has been damaged by reason of a violation of this part. The provisions of subsection (1) may not be construed to limit the exercise of any rights arising out of or relating to a violation of 80-20-103 .
Mont. Code Ann. § 80-8-111 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-111
80-8-111 Waste pesticide and pesticide container collection, disposal, and recycling program
Status: in_force

80-8-111 . Waste pesticide and pesticide container collection, disposal, and recycling program. (1) The department shall establish a waste pesticide and pesticide container collection, disposal, and recycling program. The program must be funded by license, permit, and special fees designated for that purpose in this chapter. The department may also establish waste pesticide and pesticide container fees and accept grants, gifts, and other funds to finance this program.

(2) The department may cooperate and contract with a person to conduct and manage the waste pesticide and pesticide container collection, disposal, and recycling program.

(3) (a) The department shall establish a collection program for waste pesticides and pesticide containers. In order to participate in this program, a person shall:

(i) notify the department in advance of the type and amount of waste pesticide or pesticide containers that will be delivered for collection; and

(ii) deliver the waste pesticide or pesticide containers for collection by the department at a time and location designated by the department.

(b) A person may not be subject to an administrative or judicial penalty or action under this chapter as a result of participation in the waste pesticide or pesticide container collection, disposal, and recycling program pursuant to this section.

(4) The department may designate types of waste pesticides or pesticide containers that it will not collect for disposal and recycling under this program.

(5) The department shall consult affected local governments before implementing the collection program under this section.
Mont. Code Ann. § 80-4-419 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-419
80-4-419 Bankruptcy as grounds for cancellation
Status: in_force

80-4-419 . Bankruptcy as grounds for cancellation. (1) If a commodity dealer files for bankruptcy, a contract or any part of a contract for delivery of a commodity may be canceled without penalty to the producer if the cancellation involves only the remaining unperformed portions of the contract. A cancellation under this section:

(a) is not a breach of contract;

(b) is allowed even if not explicitly provided for in the contract.

(2) In the event of a cancellation, a commodity dealer remains responsible for payment that is due to the producer for delivered portions of the contract.
Mont. Code Ann. § 80-2-106 — MT Code / Title 80 / Chapter 2 / Part 1 / Section 80-2-106
80-2-106 Rules
Status: in_force

80-2-106 . Rules. The department may adopt rules necessary to carry out the provisions of this part.
Mont. Code Ann. § 80-2-224 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-224
80-2-224 Fee -- notice -- when payable
Status: in_force

80-2-224 . Fee -- notice -- when payable. No later than November 1, the department shall notify each person insured of the amount of the fee due for hail insurance and that the fee must be paid to the department by November 30.
Mont. Code Ann. § 80-11-102 — MT Code / Title 80 / Chapter 11 / Part 1 / Section 80-11-102
80-11-102 Intent of legislature
Status: in_force

80-11-102 . Intent of legislature. It is the intent of the legislature that the department of agriculture coordinate marketing from the initial producer to the consumer and reduce marketing cost by assisting both producer and industry to find ways to more efficiently market their products. The department shall also endeavor to develop new and improved systems of marketing which will result in the stabilization and improvement of returns for industry and the producer. It shall work with farm leaders, farmer cooperatives, processors, wholesalers, retailers, representatives of the transportation industry, consumer groups, and others as a means of correcting marketing inefficiencies or eliminating restrictions.
Mont. Code Ann. § 80-8-207 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-207
80-8-207 Dealers
Status: in_force

80-8-207 . Dealers. (1) A person may not sell, offer for sale, deliver, or have delivered within the state a pesticide without first obtaining a license from the department for each calendar year or portion of a year. A separate dealer's license and fee is required for each location or outlet from which pesticides are distributed, sold, held for sale, or offered for sale. Pesticide field personnel or salespeople employed directly out of the same location or outlet and under a licensed dealer are not required to obtain a license. The dealer shall furnish the department with the names and addresses of the dealer's field personnel and salespeople selling pesticides within the state.

(2) The department shall require an applicant for a dealer's license to show, upon written examination, that the person possesses adequate knowledge related to the responsibilities of a pesticide dealer. Licensed dealers are not required to repeat an examination to renew their license provided they have earned the required recertification credits for renewal of that license.

(3) The application for a license must be accompanied by a fee of $75. A dealer applying for renewal of a license shall apply on or before March 1 of the calendar year. A dealer applying for renewal of a license after March 1 must be assessed a $25 late licensing fee.

(4) The dealer shall require the purchaser of a restricted pesticide to exhibit the purchaser's license or permit issued under authority of this chapter, or the dealer may verify, under procedures authorized by the department, the purchaser's license or permit through a department list or by electronic means before completing a sale. The department may adopt rules concerning dealer verification of licenses and permits.

(5) The department shall assess an additional annual license fee of $10 on dealers to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year. Fees collected under this subsection must be deposited in an account in the state special revenue fund pursuant to 80-8-112 .

(6) Pharmacists licensed as provided for in 37-7-302 , veterinarians licensed as provided for in 37-18-302 , veterinary dispensing technicians registered as provided in 37-18-806 , and certified pharmacies licensed under 37-7-321 are not required to be licensed to sell pesticides if the certified pharmacies and veterinarians register with the department each year. However, the certified pharmacies and veterinarians must meet all other requirements concerning the commercial sale of pesticides. The department shall take into account the professional licensing requirements of pharmacists, certified pharmacies, and veterinarians when adopting rules.
Mont. Code Ann. § 80-5-502 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-502
80-5-502 Notice of alternative dispute resolution
Status: in_force

80-5-502 . Notice of alternative dispute resolution. A notice calling attention to the requirement for alternative dispute resolution under 80-5-501 must be included on the label required under 80-5-123 , on the bulk certificate, or otherwise attached to or printed on the agricultural seed bag or package. Alternative dispute resolution may not be required unless this notice is included. A notice in the following form or equivalent language is sufficient:

NOTICE

ALTERNATIVE DISPUTE RESOLUTION REQUIRED BY STATE LAW

Under Montana agricultural seed laws, alternative dispute resolution is required as a prerequisite to maintaining a legal action based upon the failure of the agricultural seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the filing fee, when applicable, with the Director of the Department of Agriculture allowing sufficient time to permit inspection of the crops, plants, or trees by the designated agency and the seller from whom the agricultural seed was purchased. A copy of the complaint must be sent to the seller by certified mail or as otherwise provided by state law.
Mont. Code Ann. § 80-12-309 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-309
80-12-309 Personal liability
Status: in_force

80-12-309 . Personal liability. The authority members and department members are not personally liable for any debt incurred by the authority.
Mont. Code Ann. § 80-2-243 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-243
80-2-243 Disputed appraisal
Status: in_force

80-2-243 . Disputed appraisal. (1) If the party that has sustained the loss is dissatisfied with and refuses to accept the appraisal made by the official adjuster, the party has the right to appeal to the board of hail insurance. The party shall make the appeal within 10 days after receiving the appraisal. The board of hail insurance shall arrange for a second appraisal by another adjuster.

(2) If the adjuster who makes a second appraisal pursuant to the appeal fails to secure an agreement, the claimant may submit the matter to arbitration as provided in this subsection or sue the board in the district court of the county where the loss occurred, within 90 days from the date of receipt of written notice of the second appraisal. The actions must be trials de novo and the Montana Rules of Civil Procedure apply. If the claimant elects to submit the matter to arbitration, the claimant shall then appoint one disinterested person as an adjuster, the official adjuster shall appoint another person as an adjuster, the two shall select a third disinterested person as an adjuster, and the three shall then proceed to appraise the loss in the same manner as specified in 80-2-242 . The judgment of the majority is the judgment of the adjusters and is binding upon both parties as the final determination of the loss.

(3) (a) If the insured does not recover a greater sum than allowed by the adjuster in the first instance, the insured shall pay the expenses of the three adjusters and their witnesses in making the appraisal, but if the insured is awarded a larger sum, the expenses must be paid by the department.

(b) If the insured is required to pay the expenses of the reappraisal as provided in subsection (3)(a), the department may deduct the amount of the expenses from the amount allowed the insured before making settlement for the loss.

(4) The department or the board shall examine all reports of adjusters and verify the reports and adjust all losses and for those purposes may order hearings, subpoena witnesses, conduct examinations, and do all things necessary to secure a fair and impartial appraisal of losses by hail.
Mont. Code Ann. § 80-11-210 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-210
80-11-210 Wheat and barley account -- sources -- use -- expenditures
Status: in_force

80-11-210 . Wheat and barley account -- sources -- use -- expenditures. (1) There shall be an account in the state special revenue fund known as the wheat and barley account. The following shall be placed in the account:

(a) the proceeds of all millage levies collected under this part; and

(b) the proceeds from all gifts, grants, or donations to the department for research authorized under this part.

(2) The account shall be maintained for the purposes of this part and shall be separate from all other accounts of the department.

(3) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. The income from such investments shall be credited to the wheat and barley account.
Mont. Code Ann. § 80-7-1002 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1002
80-7-1002 Legislative findings and purpose
Status: in_force

80-7-1002 . Legislative findings and purpose. (1) The legislature finds that:

(a) invasive species can wreak damage on the economy, environment, recreational opportunities, and human health in Montana;

(b) there is reason to be concerned about the further introduction, importation, and infestation of Eurasian watermilfoil (Myriophyllum spicatum) and the introduction, importation, and infestation of additional invasive species in Montana, such as the zebra mussel (Dreissena polymorpha) and the quagga mussel (Dreissena bugensis), that could cause catastrophic damage to not only our waterways, rivers, and lakes, our water storage, delivery, and irrigation systems, our hydroelectric power structures and systems, and our aquatic ecosystems, but also to the entire state economy;

(c) as infestations of threatening invasive species move ever closer to Montana's borders, protecting Montana against these species is of utmost importance to the state economy, environment, recreational opportunities, and human health for the benefit of all Montanans;

(d) preventing the introduction, importation, and infestation of invasive species is the most effective and least costly strategy for combating invasive species that, once established, are often difficult to control or eradicate;

(e) the use of check stations, at which vessels and equipment may be inspected for the presence of invasive species and cleaned if an invasive species is detected, is an effective way to prevent the introduction, importation, and infestation of invasive species that are easily transferred from infested areas to uninfested areas when proper precautions are not taken; and

(f) preventing the introduction, importation, and infestation of invasive species is best accomplished through coordinated educational and management activities.

(2) The purpose of this part is to establish a mechanism for Montana to take concerted action to detect, control, and manage invasive species, including preventing further introduction, importation, and infestation, by educating the public about the threat of these species, coordinating public and private efforts and expertise to combat these species, and authorizing the use of check stations to prevent the movement of invasive species from infested areas to uninfested areas to protect the state's economy, environment, recreational opportunities, and human health for the benefit of all Montanans.
Mont. Code Ann. § 80-4-422 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-422
80-4-422 Delayed payment or purchase contracts
Status: in_force

80-4-422 . Delayed payment or purchase contracts. (1) A commodity dealer who purchases agricultural commodities by purchase contract shall maintain books, records, and other documents as required by the department to establish compliance with the provisions of this section.

(2) In addition to other required information, a purchase contract must contain or provide for all of the following:

(a) the seller's and purchaser's name and address;

(b) the conditions of delivery;

(c) the amount and kind of agricultural commodities delivered;

(d) the price per unit or basis of value;

(e) the date payment is to be made; and

(f) a notice of financial risk involved in the delayed payment contract, in a form the department shall adopt pursuant to the rulemaking authority provided in 80-4-403 .

(3) Title to all agricultural commodities sold by purchase contract is in the purchaser as of the time the agricultural commodities are delivered to and in physical control of the purchaser unless the contract provides otherwise. The contract must be signed by both parties and executed in duplicate. One copy must be retained by the commodity dealer, and one copy must be provided to the seller. Upon revocation, suspension, or termination of a commodity dealer's or warehouse operator's license, the department may advance the payment date for all delayed payment contracts to a date not later than 30 days following the effective date of the revocation, suspension, or termination. When not otherwise provided, the purchase price for all agricultural commodities must be determined as of the effective date of revocation, suspension, or termination in accordance with all other provisions of the contract. However, if the business of the commodity dealer is sold to another licensed commodity dealer, purchase contracts may be assigned to the purchasing commodity dealer.

(4) Any contract that does not satisfy the conditions imposed by this part is considered a sale other than a purchase contract and is subject to the provisions of 80-4-608 .
Mont. Code Ann. § 80-5-138 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-138
80-5-138 Publication of reports
Status: in_force

80-5-138 . Publication of reports. The department may publish the names and addresses of persons licensed under this chapter.
Mont. Code Ann. § 80-12-311 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-311
80-12-311 Accounts of the authority
Status: in_force

80-12-311 . Accounts of the authority. There is an agricultural loan authority enterprise fund in the enterprise fund type provided for in 17-2-102 . All funds from the proceeds of bonds issued under this chapter, fees and other money received by the authority, money appropriated by the legislature for the use of the authority in administering this chapter, and money made available from any other source for the use of the authority must be deposited in the agricultural loan authority enterprise fund except as otherwise provided by law. All funds deposited in the agricultural loan authority enterprise fund are continuously appropriated to and may be expended by the authority for the purposes authorized in this chapter.
Mont. Code Ann. § 80-11-206 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-206
80-11-206 Maximum annual assessment on wheat and barley grown, delivered, or stored
Status: in_force

80-11-206 . Maximum annual assessment on wheat and barley grown, delivered, or stored. (1) There is an annual assessment of not more than 40 mills per bushel on all wheat and not more than 60 mills per hundredweight on all barley grown, delivered, or stored in the state of Montana and sold through commercial channels.

(2) The assessment is levied and imposed:

(a) in the case of a sale of wheat or barley, at the time of first sale of any wheat or barley by a seller, and must be collected by the first purchaser of the wheat or barley from the seller at the time of each settlement for wheat or barley purchased;

(b) in the case of a pledge or mortgage of wheat or barley as security for a loan under any federal price support program other than the commodity credit corporation and must be collected by deducting the amount of the assessment from the proceeds of the loan at the time the loan is made by the agency or person making the loan; or

(c) in the case of wheat or barley pledged under the federal commodity credit corporation, and the assessment must be collected at the time of purchase, not at the time a lease or loan is made under the program.

(3) The assessment levied under the provisions of this part must be deducted and collected as provided by this part, whether the wheat or barley is stored in this or any other state. The assessment attaches to each transaction, but a seller is not subject to assessment more than once irrespective of the number of times the wheat or barley is the subject of a sale, pledge, mortgage, or other transaction. The assessment is imposed and attaches on the initial sale, pledge, mortgage, or other transaction in which the wheat or barley seller parts with title to the wheat or barley or creates some interest in the wheat or barley in a pledgee, mortgagee, or other person.
Mont. Code Ann. § 80-6-1104 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1104
80-6-1104 Advisory duty of committee
Status: repealed

80-6-1104 . (Temporary) Advisory duty of committee. The committee shall advise the department with respect to any contemplated rulemaking. The committee shall meet periodically to review the minimum standards adopted under this part. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-2-229 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-229
80-2-229 Withdrawal of crop in case of destruction through other means
Status: in_force

80-2-229 . Withdrawal of crop in case of destruction through other means. When any crop insured under this part is destroyed by any other cause than hail, the applicant may, by furnishing the proof required by the board of hail insurance, cause the crop to be exempted from the regular fee of the board for the current year. The proof must be submitted to the board of hail insurance in accordance with its rules. The rules must be plainly printed on the applications and policies issued by the department. The rules must provide that the cost for withdrawn insurance must be varied as nearly as practical according to the time the insurance is in force and according to the risk carried.
Mont. Code Ann. § 80-7-1018 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1018
80-7-1018 Invasive species grant program -- criteria -- rulemaking
Status: in_force

80-7-1018 . Invasive species grant program -- criteria -- rulemaking. (1) Money deposited in the invasive species grant account established in 80-7-1017 may be expended by the department of natural resources and conservation through grants to or contracts with communities or local, state, tribal, or other entities for invasive species management.

(2) For the purposes of this section, the term "invasive species management" includes public education and planning, development, implementation, or continuation of a program or project to prevent, research, detect, control, or, where possible, eradicate invasive species.

(3) A grant or contract may be awarded under this section for demonstration of and research and public education on new and innovative invasive species management.

(4) In making grant and contract awards under this section, the department of natural resources and conservation shall give preference to local governments, collaborative stakeholders, and community groups that it determines can most effectively implement programs on the ground.

(5) If the governor appoints an advisory council on invasive species, the department of natural resources and conservation shall consider recommendations by the advisory council for awards made under this section.

(6) The department of natural resources and conservation is not eligible to receive grants and contracts under this section.

(7) The department of natural resources and conservation may accept federal funds for use pursuant to this section.

(8) Any funds awarded under this section, regardless of when they were awarded, that are not fully expended upon termination of a contract or an extension of a contract, not to exceed 1 year, must revert to the department of natural resources and conservation and be deposited in the invasive species grant account established in 80-7-1017 . The department of natural resources and conservation shall use any reverted funds to make future awards pursuant to this section.

(9) The department of natural resources and conservation may adopt rules to administer the provisions of this section.
Mont. Code Ann. § 80-4-421 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-421
80-4-421 License suspension and revocation -- renewal
Status: in_force

80-4-421 . License suspension and revocation -- renewal. (1) The department may revoke, suspend, or modify a commodity warehouse operator's or commodity dealer's license when it has reasonable cause to believe that the licensee has committed any of the following acts, each of which is a violation of parts 4 through 7 of this chapter:

(a) failure to maintain all initial licensing requirements, including insurance, bonding, equity, and working capital requirements. In determining compliance with equity and working capital requirements, the department may consider the licensee's status under any prior or current bankruptcy proceedings, as well as any outstanding civil settlements or judgments.

(b) aiding or abetting another person in the violation of the licensure or any other provisions of parts 4 through 7 of this chapter;

(c) conviction of any criminal offense defined under Title 45, after considering Title 37, chapter 1, part 2;

(d) failure or refusal to allow inspection or maintain and provide records, reports, and other information required by the department;

(e) failure or refusal to post storage and other charges as filed with the department;

(f) failure or refusal to accept agricultural commodities for storage as required under 80-4-523 ;

(g) failure to comply with the warehouse receipt and scale weight ticket requirements of 80-4-525 and 80-4-527 ;

(h) failure of a warehouse operator to maintain and deliver upon request sufficient agricultural commodities to cover outstanding warehouse receipts as required under 80-4-531 ;

(i) discrimination in charges by a warehouse operator as provided in 80-4-524 ;

(j) failure to provide payment for any agricultural commodity;

(k) failure to satisfy a judgment entered as a result of a violation of this chapter;

(l) violation of or failure or refusal to comply with any other provision of parts 4 through 7 of this chapter or any rule adopted by the department pursuant to parts 4 through 7; or

(m) failure to assess, report, or pay an assessment authorized and required pursuant to Title 80, chapter 4 or 11.

(2) The department may refuse to issue or renew a license if the applicant or licensee:

(a) has a license as a warehouse operator or commodity dealer that was previously or is currently suspended or revoked. In determining the sufficiency of cause, the department shall consider the nature and length of the action and any subsequent licensure or other evidence of rehabilitation.

(b) does not satisfy the bonding, insurance, equity, or working capital requirements as specified in subsection (1)(a) or any other provisions required as a condition to licensing;

(c) has been convicted of a criminal offense and the denial or refusal is made after considering Title 37, chapter 1, part 2.

(3) The issuance of a license based on information provided by the applicant that the department subsequently determines incorrect is void, and any conduct under that license is a violation.

(4) All proceedings brought under subsections (1) and (2) must be conducted under the provisions of the Montana Administrative Procedure Act.

(5) The department is authorized to issue summary revocations, suspensions, or denials without hearing pursuant to the procedures established in 2-4-631 .
Mont. Code Ann. § 80-8-214 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-214
80-8-214 Liability
Status: in_force

80-8-214 . Liability. The department shall annually require from each commercial pesticide applicator proof of financial responsibility in amounts to be determined under rules promulgated by the department.
Mont. Code Ann. § 80-4-523 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-523
80-4-523 Required receipt of agricultural commodities according to capacity
Status: in_force

80-4-523 . Required receipt of agricultural commodities according to capacity. A warehouse operator must receive for storage, conditioning, handling, or shipment without discrimination of any kind, so far as the capacity of the operator's warehouse will permit, all agricultural commodities tendered to the operator in the usual course of business in suitable condition for storage. However, a warehouse operator may not be compelled to accept and hold agricultural commodities for storage in quantities that block the operator's regular cash agricultural commodity business. A warehouse operator may not be required to accept agricultural commodities for storage in excess of working capacity. However, the operator's appointment of space may be modified by rule upon proof that the appointment operates to the disadvantage of either the public or the warehouse operator.
Mont. Code Ann. § 80-8-213 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-213
80-8-213 Government agencies
Status: in_force

80-8-213 . Government agencies. (1) All state agencies, municipal corporations, or any other governmental agencies are subject to the provisions of this chapter and rules adopted under this chapter concerning the application or sale of pesticides. Applicators and operators applying pesticides and dealers selling pesticides for agencies, municipal corporations, or any governmental agencies are subject to the provisions of 80-8-203 through 80-8-208 .

(2) The department shall issue a limited commercial applicator's or dealer's license for an annual fee of $50, which is valid only when an applicator or dealer is applying or selling pesticides for a state agency, municipal corporation, or any other governmental agency, provided that the jurisdictional health officer, state veterinarian, their duly authorized representatives, or governmental research personnel are exempt from this licensing requirement when applying pesticides to experimental areas.

(3) (a) A governmental agency shall pay for each of its first four employee applicators:

(i) an annual applicator's fee of $60; and

(ii) an additional fee of $10 to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year.

(b) A governmental agency shall pay for each additional employee applicator:

(i) an annual applicator's fee of $5; and

(ii) an additional fee of $10 to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year.

(c) A government agency may not be required to pay more than $895 annually for the licensing of employees as applicators and operators.

(d) Fees collected pursuant to this subsection (3) for the purpose of funding the waste pesticide and pesticide container collection, disposal, and recycling program must be deposited in the state special revenue account pursuant to 80-8-112 .

(4) Government employees becoming certified applicators only to qualify for conducting pesticide education courses may not be charged a license fee but are limited to providing the courses. Government operators are subject to rules adopted pursuant to 80-8-205 , including the license fee.
Mont. Code Ann. § 80-4-529 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-529
80-4-529 Partial withdrawal of agricultural commodities -- adjustment or substitution of receipt -- duties of warehouse operator
Status: in_force

80-4-529 . Partial withdrawal of agricultural commodities -- adjustment or substitution of receipt -- duties of warehouse operator. When partial withdrawal of a depositor's agricultural commodity is made by a depositor, the warehouse operator shall make an appropriate notation on the depositor's warehouse receipt or claim or shall cancel and replace it with a warehouse receipt showing the amount of the depositor's agricultural commodity remaining in the warehouse. The warehouse operator is liable for the redelivery of all agricultural commodities specified on all outstanding warehouse receipts.
Mont. Code Ann. § 80-7-901 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-901
80-7-901 Short title
Status: in_force

80-7-901 . Short title. This part may be cited as the "Noxious Weed Seed Free Forage Act".
Mont. Code Ann. § 80-10-303 — MT Code / Title 80 / Chapter 10 / Part 3 / Section 80-10-303
80-10-303 Violations -- enforcement proceedings -- judicial review
Status: in_force

80-10-303 . Violations -- enforcement proceedings -- judicial review. (1) If it appears from the examination of commercial fertilizer or from the inspection of an anhydrous ammonia facility that this chapter or the rules adopted under this chapter have been violated, the department shall give notice of the violations to the registrant, licensee, or possessor from whom the sample was taken. A person notified must be given an opportunity to be heard under rules of the department. If it appears after a hearing, either in the presence or absence of the person notified, that this chapter or rules issued under this chapter have been violated, the department may certify the facts to the proper prosecuting attorney.

(2) A person who violates this chapter or the rules adopted under this chapter or who obstructs, prevents, or attempts to prevent the department from performing its duty may be fined not less than $300 or more than $500 for the first violation and not less than $300 or more than $1,000 for a subsequent violation. In all actions under this chapter involving the composition of a lot of commercial fertilizer, a certified copy of the official analysis of the department is prima facie evidence of the composition.

(3) This chapter does not require the department to report for prosecution or for the beginning of seizure proceedings minor violations of this chapter when it believes that the public interest will be best served by a suitable notice of warning in writing.

(4) A prosecuting attorney to whom a violation is reported shall prosecute the violator in a court of competent jurisdiction without delay.

(5) The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule adopted under the chapter notwithstanding the existence of other remedies at law. The injunction must be issued without bond.

(6) If an in-state manufacturer or supplier fails to pay a fee required under 80-10-207 , the manufacturer or supplier may be fined an amount up to $1,000 or twice the fee that should have been paid, whichever is higher. If a supplier fails to obtain a license as required in 80-10-202 , the supplier may be assessed a civil penalty of $500 for each reporting period that the supplier fails to be licensed, in addition to any other amounts owed to the state.

(7) If a person adversely affected by an act, order, or ruling made by the department under this chapter is not entitled to a hearing before the department to determine the person's rights, the person may within 45 days sue in the district court of any county where the alleged violation giving rise to the department's act, order, or ruling occurred for a new trial of the issues bearing upon the act, order, or ruling. After the trial the court may issue and enforce those orders, judgments, or decrees that it considers proper, just, and equitable.
Mont. Code Ann. § 80-6-112 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-112
80-6-112 Pollination apiary site registrations
Status: in_force

80-6-112 . Pollination apiary site registrations. (1) The department may grant pollination apiary site registrations to commercial seed producers, fruit producers, or other commercial agricultural producers under the following conditions:

(a) (i) the applicant must own, lease, or rent the land upon which the pollination apiary site is to be located and the applicant must use the land for the purpose of growing a commercial seed, fruit, or other crop that is dependent upon bees or other insects for pollination;

(ii) the applicant may not own the bees or the hives that are to be placed upon the pollination apiary site; and

(iii) the only purpose of the pollination apiary site is to pollinate a commercial agricultural crop.

(b) The applicant shall provide the department with all pertinent information necessary to determine if pollination apiary sites are needed to adequately pollinate the applicant's crop.

(c) The department may refuse to register a pollination apiary site based upon its own investigation, but if the department approves the application, it shall specify the number and location of pollination apiary sites needed for the purpose of adequately pollinating the applicant's commercial agricultural crop.

(2) A pollination apiary site registration is valid only for the time specified by the department, and all pollination apiaries must be removed within 2 weeks after the full bloom period of the crop to be pollinated.

(3) A certificate of registration of a pollination apiary site may not be leased, assigned, or transferred. A person, other than the pollination apiary site registrant, may not exercise any rights or privileges, directly or indirectly, authorized by the certificate of registration.

(4) The department shall attempt to notify any general apiarist with registered apiary sites located within 3 miles of a proposed pollination apiary site of the potential location of the proposed pollination apiary site.
Mont. Code Ann. § 80-4-711 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-711
80-4-711 Agricultural commodity sampling -- appeal procedure
Status: in_force

80-4-711 . Agricultural commodity sampling -- appeal procedure. (1) At the time of delivery of an agricultural commodity to a warehouse operator or commodity dealer for storage or sale, each warehouse operator or commodity dealer shall take a representative sample from each load of agricultural commodity delivered and preserve the sample in a moistureproof container with the owner's name marked on the container. A written agreement must be given to the depositor authorizing the depositor to state a preference of grading facility. The options provided for grading facilities in the agreement must include but may not be limited to the state grain laboratory. The written agreement must specify the time period to which the agreement applies. If the state grain lab is chosen as the grading facility, a composite sample consisting of a minimum of 1 1/2 quarts or 1,050 grams of the representative sample must be submitted directly to the state grain laboratory for analysis as to grade, dockage, protein, and other factors that the laboratory is able to analyze that affect the purchase price. The warehouse operator or commodity dealer shall retain a minimum of 1 1/2 quarts or 1,050 grams of the remaining sample for 60 days.

(2) All fees and other charges associated with the grain sample analysis must reflect as nearly as possible the actual cost of the services.

(3) If a request for a state grain laboratory analysis is not made pursuant to subsection (1) and the depositor, warehouse operator, or commodity dealer is dissatisfied with the results of a private analysis, the depositor, warehouse operator, or commodity dealer may appeal to the state grain laboratory. When an appeal is made, the warehouse operator or commodity dealer shall submit 1 1/2 quarts or 1,050 grams of the representative sample to the state grain laboratory for appeal analysis.

(4) If the depositor, warehouse operator, or commodity dealer is dissatisfied with the results of a state grain laboratory analysis, as provided in subsection (1) or (3), the depositor, warehouse operator, or commodity dealer may appeal to the FGIS, United States department of agriculture. A FGIS appeal must be made within 10 working days of the state grain laboratory's analysis. The sample for FGIS appeal must be a portion of that agricultural commodity retained by the state grain laboratory when it conducted its analysis. The results on the state grain laboratory appeal sample are final and binding. In the absence of an appeal to FGIS or in the case of an agricultural commodity for which there are no FGIS standards, the state grain laboratory's analysis is final and binding.

(5) Each warehouse operator or commodity dealer shall post in a conspicuous place a placard, issued by the department, stating the procedures provided for in this section and a partial list of the fees established in 80-4-721 . The department shall provide space on the placard on which the warehouse operator or commodity dealer is required to list anticipated shipping and handling fees.

(6) All samples submitted for analysis are the property of the state grain laboratory and subject to its disposition.

(7) An agricultural commodity purchased for resale as seed is exempt from the requirements of this section.

(8) A producer of malting barley may by contract waive the right to submit a sample to the state grain laboratory provided in this section.
Mont. Code Ann. § 80-6-106 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-106
80-6-106 Application fee
Status: in_force

80-6-106 . Application fee. (1) At the time a new application to register an apiary site is submitted to the department by an owner or applicant not currently registered in the department's apiary database, the owner or applicant shall pay an application fee. Except as provided in subsection (2), the fee may not be less than $10 or more than $100.

(2) From July 1, 2019, to June 30, 2021, the department may not charge an owner or applicant who is a hobbyist beekeeper and is not registered in the department's apiary database a hobbyist apiary site application fee in excess of $19.

(3) Except as provided in subsection (2), the department may adjust the fee by rule to maintain adequate funding for this part.
Mont. Code Ann. § 80-8-120 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-120
80-8-120 Local pesticide regulation
Status: in_force

80-8-120 . Local pesticide regulation. (1) (a) A unit of local government may adopt an ordinance to require a commercial applicator, as defined in 80-8-102 , to provide notification when applying a pesticide, subject to the following provisions:

(i) The applicator shall post a sign or signs at the time of the pesticide application or provide notification as provided for in subsection (1)(a)(v). The applicator, property owner, or property manager may not remove a sign until the pesticide is dry or the reentry interval on the pesticide label has expired, whichever is later.

(ii) A sign must be:

(A) at least 4 inches in height and 5 inches in width; and

(B) made of weather-resistant material if used for outdoor application.

(iii) A sign must contain:

(A) the words "pesticide application"; and

(B) the telephone number of the applicator, property owner, or property manager who can supply further information about the pesticide.

(iv) A sign must be posted:

(A) at a point clearly visible from each street or road frontage of the property so that the warning is conspicuous from the public right-of-way;

(B) for an interior application, at each public access to the treated property with the front of the sign facing the access;

(C) for a golf course, at a conspicuous place in the clubhouse or pro shop or at the first and tenth tees.

(v) Notification for an application by a mosquito control district or a weed management district must be provided in a local newspaper or on local radio or television stating that the property will be treated and providing the telephone number of an individual who can supply further information on the pesticide applications. Notification under this subsection (1)(a)(v) must be made annually in the spring and periodically during the pesticide application season.

(vi) Posting or notification is not required for the following:

(A) a spot treatment of an area that is less than 100 square feet;

(B) an applicator subject to the environmental protection agency's worker protection standards as published in 40 CFR, part 156, subpart K, and 40 CFR, part 170;

(C) an application on land classified as agricultural land or forest land for taxation purposes;

(D) an application on an irrigation conveyance facility or land or on an irrigation ditch easement or right-of-way;

(E) an application of a pesticide that is a minimum risk pesticide as published by the environmental protection agency in 40 CFR 152.25(g)(1) or a sanitizer, a disinfectant, or a microbial registered with the environmental protection agency;

(F) an application on a railroad facility or right-of-way;

(G) an application on a public utility facility or right-of-way.

(b) A unit of local government that adopts a notification ordinance pursuant to this section shall:

(i) notify the department that it is adopting the ordinance on pesticide notification as provided in this section and provide the department a final copy for the department's register provided for in subsection (4); and

(ii) fund the costs, including but not limited to:

(A) educating its citizens of the ordinance's requirements;

(B) compensating personnel to enforce the ordinance; and

(C) prosecution of a violation of the ordinance.

(c) A unit of local government may not adopt a notification ordinance under this section that imposes additional fee requirements on a commercial applicator.

(2) The department may enter into a cooperative agreement with a unit of local government for the administration and enforcement of local rules adopted under 80-8-105 (3)(a).

(3) Except as provided in subsections (1) and (2), a unit of local government may not regulate or prohibit the registration, labeling, distribution, use, or sale of pesticides or enact notification provisions more stringent than those provided for in subsections (1) and (2). It is not the intent of this subsection to prevent local responsibilities for zoning, fire codes, or disposal of pesticides pursuant to Title 75, chapter 10, part 4.

(4) The department shall maintain and, upon request, distribute a register of ordinances adopted by local governing bodies pursuant to subsection (1).
Mont. Code Ann. § 80-10-301 — MT Code / Title 80 / Chapter 10 / Part 3 / Section 80-10-301
80-10-301 Rules -- adoption by department
Status: in_force

80-10-301 . Rules -- adoption by department. (1) The department may adopt those rules for commercial fertilizer and soil amendment which are specifically authorized in this chapter and those other reasonable rules necessary for the efficient enforcement of this chapter.

(2) In adopting rules the department shall follow procedures prescribed in the Montana Administrative Procedure Act.
Mont. Code Ann. § 80-11-203 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-203
80-11-203 Compensation -- per diem
Status: in_force

80-11-203 . Compensation -- per diem. Members of the committee may not receive a salary but are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business and must be reimbursed for travel expenses, as provided in 2-18-501 through 2-18-503 , incurred while on official business.
Mont. Code Ann. § 80-15-412 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-412
80-15-412 Administrative civil penalty
Status: in_force

80-15-412 . Administrative civil penalty. (1) A person who commits a violation of this chapter may be assessed an administrative civil penalty by the department of not more than $1,000 for each offense. Farm applicators possessing a pesticide permit or using a fertilizer may not be assessed an administrative civil penalty of more than $500 for the first offense. Assessment of a civil penalty may be made in conjunction with any other warning, order, or administrative action authorized by this chapter or Title 75, chapter 5, that is issued or undertaken by either the department or the department of environmental quality.

(2) An administrative civil penalty may not be assessed unless the person charged is given notice and opportunity for a hearing pursuant to Title 2, chapter 4, part 6, of the Montana Administrative Procedure Act.

(3) In determining an appropriate administrative civil penalty, the department shall consider the effect on the person's ability to continue in business, the gravity of the violation that occurred, the degree of care exercised by the offender, and whether significant harm resulted to public health, agricultural crops, livestock, or the environment.

(4) If the department is unable to collect the administrative civil penalty or if a person fails to pay all or a set portion of the administrative civil penalty as determined by the department, the department may seek to recover the amount in the appropriate district court.

(5) A person against whom the department has assessed an administrative civil penalty may, within 30 days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred. A jury trial must be granted when demanded under Rule 38 of the Montana Rules of Civil Procedure.
Mont. Code Ann. § 80-9-104 — MT Code / Title 80 / Chapter 9 / Part 1 / Section 80-9-104
80-9-104 Cooperation with other agencies
Status: in_force

80-9-104 . Cooperation with other agencies. The department may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out this chapter.
Mont. Code Ann. § 80-2-203 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-203
80-2-203 Participation in program -- fee
Status: in_force

80-2-203 . Participation in program -- fee. (1) A person or an association of persons engaged in the growing of crops or other agricultural or horticultural products subject to injury or destruction by hail may, by individual or joint election filed with and approved by the board of hail insurance, accept the provisions of this part and elect to become subject to this part. The risks may be classified by the board, and suitable fees may be imposed as agreed upon by the board and the persons. The persons are entitled to the benefits and protection afforded by the insurance provisions of this part.

(2) Each person who desires to become subject to the provisions of this part shall file with the department the properly filled out form not later than August 15. The person is chargeable with the fee provided for on lands growing crops subject to injury or destruction by hail and shall share in the protection and benefits under the hail insurance provisions of this part. The application for hail insurance is in full force and effect at 12:01 a.m. on the day immediately following submission of the application to the department.

(3) This part may not be construed to empower anyone except the actual owner of the land to make the land subject to the hail fee provided in this part.
Mont. Code Ann. § 80-2-232 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-232
80-2-232 Department's duty -- warrants -- transfers to state general fund
Status: in_force

80-2-232 . Department's duty -- warrants -- transfers to state general fund. (1) The department shall transfer to the state treasurer all money collected under this part for deposit in the enterprise fund. All covered losses must be paid from the fund.

(2) (a) All costs other than covered losses are administrative expenses and must be paid from the enterprise fund.

(b) If registered warrants are presented and there is no money to pay the warrants, the warrants must be registered and bear interest at the rate of 4% a year until called for payment by the state treasurer.

(3) Upon authorization from the board of hail insurance, the department shall transfer from the enterprise fund to the state general fund 1.5% of the hail insurance premiums collected during the calendar year not to exceed $100,000.
Mont. Code Ann. § 80-3-313 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-313
80-3-313 Advertisements -- grade stated
Status: in_force

80-3-313 . Advertisements -- grade stated. Produce for which a grade is established in this part, when advertised with a price stated, must meet the requirements of U.S. No. 1 grade or better or must show, in addition to the price quoted, the true grade of the produce as provided by law. Price tags exhibited in a place of business on exposed produce are not considered advertising under this section.
Mont. Code Ann. § 80-11-1004 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1004
80-11-1004 Pulse crop commodity assessment -- collection
Status: in_force

80-11-1004 . Pulse crop commodity assessment -- collection. (1) There is an assessment on pulse crops grown, delivered, and stored as established by the committee by rule in accordance with this section.

(2) The assessment must be at least 1% and no more than 2% of the net receipts of pulse crops grown, delivered, and stored in Montana.

(3) The assessment shall occur at the time of first sale by a producer and must be collected by the first purchaser of the commodity from the producer. The amount must be assessed at the time of each settlement for the commodity purchased or by invoice form provided by the department.

(4) The department shall collect the assessment and deposit the revenue in the pulse crop special revenue account provided for in 80-11-1006 .
Mont. Code Ann. § 80-10-506 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-506
80-10-506 Preexisting facilities
Status: in_force

80-10-506 . Preexisting facilities. Any facility in operation prior to the adoption of rules under 80-10-503 that is not in compliance with the rules must be allowed to continue in operation unless the department, after inspection and written notice to the owner or operator, makes a determination that the facility presents a safety hazard to employees, other persons using the facility, or the public.
Mont. Code Ann. § 80-7-802 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-802
80-7-802 Rules
Status: in_force

80-7-802 . Rules. The department may adopt rules necessary to implement this part.
Mont. Code Ann. § 80-5-131 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-131
80-5-131 Assessment on sales into Montana -- reporting -- rulemaking
Status: in_force

80-5-131 . Assessment on sales into Montana -- reporting -- rulemaking. (1) Except as provided in this subsection, seed labelers located outside Montana who sell agricultural seed in Montana shall report those sales and pay a fee of 20 cents per $100 in gross annual sales of agricultural seed. The department may by rule adjust the assessment fee to maintain adequate funding for the administration of this part. The assessment fee may not be less than 20 cents per $100 or more than 30 cents per $100 in gross annual sales of agricultural seed. Fees must be paid only if they total more than $5 in a reporting period.

(2) The department shall by rule establish:

(a) reporting requirements, including persons who shall report, the form of reports, the reporting period, and the scope of information to be reported;

(b) the due date applicable to reports; and

(c) penalty provisions applicable to reports that are not received by the due date, not to exceed $25 or 10% of the assessment due, whichever is greater.

(3) Failure to submit the report as required or to pay the assessment in full constitutes a violation subject to the penalty provisions of this chapter.
Mont. Code Ann. § 80-14-201 — MT Code / Title 80 / Chapter 14 / Part 2 / Section 80-14-201
80-14-201 Terminated
Status: in_force

80-14-201 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-8-110 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-110
80-8-110 Cooperation with other agencies
Status: in_force

80-8-110 . Cooperation with other agencies. (1) The department may cooperate with agencies of this state or its subdivisions or with any agency of any other state or the federal government for the purpose of carrying out the provisions of this chapter, securing uniformity of rules, and entering into reciprocal licensing and certification agreements with other states.

(2) The department and the department of environmental quality shall enter into a memorandum of agreement concerning the inspection, regulation, and responsibilities of persons or activities that may be involved in the management, disposal, storage, transportation, treatment, recycling, or recovery of hazardous wastes and the disposal of solid wastes.

(3) For the purpose of this section, "solid waste" means all putrescible and nonputrescible wastes including but not limited to garbage; rubbish; refuse; hazardous wastes; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials. Solid waste does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department of environmental quality, slash and forest debris regulated under laws administered by the department of natural resources and conservation, or marketable wood byproducts.

(4) For the purpose of this section, "hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that may cause or contribute to an increase in mortality or an increase in serious illness, taking into account the toxicity of the waste, its persistence and degradability in nature, its potential for assimilation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms. Hazardous wastes include but are not limited to wastes that are toxic, radioactive, corrosive, flammable, irritants, or strong sensitizers or that generate pressure through decomposition, heat, or other means, excluding wood chips and wood used for manufacturing or fuel purposes.
Mont. Code Ann. § 80-4-607 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-607
80-4-607 Insufficient checks -- prohibition
Status: in_force

80-4-607 . Insufficient checks -- prohibition. No person engaged in business as a commodity dealer may draw or deliver any check, draft, or order for payment of money upon any bank for the purchase of agricultural commodities when at the time of drawing or delivery the maker or drawer does not have sufficient funds or has failed to arrange for credit with the bank or depository for payment in full upon presentation of the check, draft, or order for payment of money. The word "credit" as used in this section means an arrangement or understanding with the bank or depository for payment of the check, draft, or order.
Mont. Code Ann. § 80-12-211 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-211
80-12-211 Income tax deduction for land sale to beginning farmers
Status: in_force

80-12-211 . Income tax deduction for land sale to beginning farmers. A landowner who sells land consisting of 80 acres or more to a beginning farmer at 9% or less interest on a long-term contract is entitled to a reduction in the landowner's taxable income in an amount equal to 100% of any income or capital gain, or both, realized and otherwise subject to state income taxes from the sale, up to a maximum of $50,000, if the transaction is approved by the authority for this purpose.
Mont. Code Ann. § 80-10-510 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-510
80-10-510 Terminated
Status: in_force

80-10-510 . Terminated. Sec. 6. Ch. 334, L. 2005.
Mont. Code Ann. § 80-12-313 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-313
80-12-313 Refunding obligations -- sale
Status: in_force

80-12-313 . Refunding obligations -- sale. Refunding obligations issued as provided in 90-6-121 may be sold or exchanged for outstanding obligations issued under this chapter. The proceeds may be applied to the purchase, redemption, or payment of outstanding obligations. Pending the application of the proceeds to the payment of outstanding obligations, the proceeds may be invested as provided in Title 17, chapter 6, if permitted in the resolution authorizing the issuance of the refunding obligations or in the trust agreement securing them.
Mont. Code Ann. § 80-15-110 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-110
80-15-110 State regulations no more stringent than federal regulations or guidelines
Status: in_force

80-15-110 . State regulations no more stringent than federal regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department of environmental quality may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department of environmental quality may incorporate by reference comparable federal regulations or guidelines.

(2) The department of environmental quality may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if it makes a written finding after a public hearing and public comment and based on evidence in the record that:

(a) the proposed state standard or requirement protects public health or the environment of the state; and

(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.

(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.

(4) (a) A person affected by a rule of the board adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the board to review the rule. If the board determines that the rule is more stringent than comparable federal regulations or guidelines, the department of environmental quality shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The board may charge a petition filing fee in an amount not to exceed $250.

(b) A person may also petition the board for a rule review under subsection (4)(a) if the board adopted a rule after January 1, 1990, and before July 1, 2021, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted board rule.

(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303 (1).
Mont. Code Ann. § 80-7-701 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-701
80-7-701 Regulation of importation or sale of noxious weeds
Status: in_force

80-7-701 . Regulation of importation or sale of noxious weeds. (1) As used in this section:

(a) "native plant" means a plant indigenous to the state of Montana; and

(b) "native plant community" means an assemblage of native plants occurring in a natural habitat.

(2) The department may regulate or prohibit the importation or sale of grain, plants, seed, tubers, nursery stock, fruit, or other materials containing noxious weed seed or plants harmful to Montana's horticultural, agricultural, forestry, livestock, wildlife, or native plant communities.
Mont. Code Ann. § 80-10-204 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-204
80-10-204 Labeling
Status: in_force

80-10-204 . Labeling. (1) All commercial fertilizer distributed in this state in containers must have affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

(a) net weight;

(b) name and address of the registrant or guarantor;

(c) brand;

(d) grade, except if no primary nutrients are claimed;

(e) guaranteed analysis;

(f) directions for use of the fertilizer by the end user; and

(g) other requirements as established by rule.

(2) Any bin in the state in which commercial fertilizer is stored for distribution must have affixed to or printed on it a label setting forth in clearly legible and conspicuous form:

(a) the guaranteed analysis of the product in the bin; and

(b) other requirements established by rule.

(3) All commercial fertilizer delivered in this state in bulk, whether a manufactured grade or blended grade, must be accompanied by a clearly legible document that must be supplied to the purchaser at the time of delivery. The document must show:

(a) net weight;

(b) name and address of the licensee, registrant, or guarantor;

(c) guaranteed analysis or, on custom-blended fertilizer, the net weight and guaranteed analysis of each ingredient added; and

(d) other requirements as established by rule.

(4) (a) When distributed in containers, soil amendments must have a label affixed to the container setting forth in clearly legible and conspicuous form the following information:

(i) net weight;

(ii) name and address of the registrant or guarantor;

(iii) brand and product name;

(iv) guaranteed analysis;

(v) soil amending ingredients listed in the following form:

Name of ingredient (identify and list all) %

Total other ingredients %

(vi) purpose of the product; and

(vii) other requirements, such as particle size, as established by rule.

(b) In the case of bulk shipments of soil amendments, the information required in subsection (4)(a) must be in clearly legible written or printed form, must accompany delivery, and must be supplied to the purchaser at the time of delivery.