Mont. Code Ann. § 80-7-1006 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1006
80-7-1006 Departmental responsibilities -- reporting
Status: in_force

80-7-1006 . Departmental responsibilities -- reporting. (1) The departments shall prepare a list of invasive species and identify those departments and other public agencies with jurisdiction over each species on the list. The jurisdiction of each department for the prevention and control of invasive species is according to the department's powers and duties as established by law.

(2) For those invasive species under the jurisdiction of more than one department, the departments with jurisdiction, through cooperative agreement, shall seek to clarify and coordinate their respective responsibilities.

(3) Working in collaboration with each other, the departments, individually or collectively, shall develop and adopt an invasive species strategic plan or plans to accomplish the purposes of this part. The plan or plans shall identify and prioritize threats and determine appropriate actions, in the following order of priority, related to:

(a) public awareness and education;

(b) prevention and detection of invasive species, including the use of invasive species management areas authorized under 80-7-1008 and the statewide invasive species management area established in 80-7-1015 ;

(c) management, control, and restoration of infested areas; and

(d) emergency response.

(4) The departments shall enforce quarantine regulations and measures imposed by law or rule in an invasive species management area established under 80-7-1008 and in the statewide invasive species management area established in 80-7-1015 , including the mandatory inspection or decontamination of any interior portion of a vessel or equipment that may contain water for the presence of an invasive species.

(5) The departments may designate employees to carry out the provisions of this part.

(6) The department of fish, wildlife, and parks shall authorize a request by another entity to operate a check station pursuant to this part if the entity agrees to the conditions of an agreement established by all parties, any cooperative funding requirements, and rules adopted under this part. The department of fish, wildlife, and parks retains oversight authority over the operation of a check station pursuant to this subsection.

(7) The departments shall implement education and outreach programs that increase public knowledge and understanding of prevention, early detection, and control of invasive species.

(8) (a) The departments of fish, wildlife, and parks and natural resources and conservation shall report to the environmental quality council at least biennially in accordance with 5-11-210 regarding activities undertaken and expenses incurred in the implementation of this part.

(b) The department of fish, wildlife, and parks shall report to the legislative finance committee at least biennially on expenditures made in the implementation of this part. Expenditures, if not provided in accordance with subsection (8)(a), must be provided to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 80-12-103 — MT Code / Title 80 / Chapter 12 / Part 1 / Section 80-12-103
80-12-103 Agricultural loan authority -- general powers
Status: in_force

80-12-103 . Agricultural loan authority -- general powers. The authority may:

(1) retain professional consultants and advisers;

(2) adopt rules governing its procedures;

(3) purchase agricultural loans made by financial institutions;

(4) issue bonds, in accordance with 80-12-301 , necessary to provide funds for implementing this chapter;

(5) invest any funds generated by sale of bonds in the permissible investments outlined in 17-6-211 until such time as the funds are needed for any of the authority's other functions;

(6) procure insurance or guaranties in amounts and in the form the authority considers desirable or necessary, from any party, including a governmental agency, against any loss in connection with its loan agreements; and

(7) use the assistance and services of the farmers home administration, the production credit association, the federal land bank, or private lenders in approving loans for issuance of bonds.
Mont. Code Ann. § 80-7-1009 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1009
80-7-1009 Arrangements with landowners
Status: in_force

80-7-1009 . Arrangements with landowners. (1) The department designating an invasive species management area pursuant to 80-7-1008 shall work cooperatively with any affected land managers and landowners within the boundaries of the designated area to establish prevention, treatment, control, and eradication methods best suited for the invasive species infesting or threatening the area.

(2) If negotiations with a land manager or landowner fail, the designating department may arrange for the prevention, treatment, control, and eradication of the designated species as it relates to water infrastructure, including but not limited to hydroelectric, municipal, recreational, and irrigation equipment, without the consent of the land manager or landowner. To the extent possible, the arrangements by the department must be made in a manner best suited to preventing, treating, controlling, and eradicating the invasive species, while minimizing disturbances and adverse impacts to the landowner.
Mont. Code Ann. § 80-7-711 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-711
80-7-711 Technical assistance
Status: in_force

80-7-711 . Technical assistance. The department is authorized to provide technical assistance and services to local governments, agricultural producers, and the general public on the management and control of noxious plants. This assistance and service may include:

(1) development, compilation, and reporting of information and records on noxious plant infestations in every county;

(2) information and data on the location of noxious plants and acres infested per county and major infestations of watersheds and geographical regions of the state;

(3) a determination of the economic and environmental impact of noxious plants on Montana and its citizens;

(4) providing technical assistance to various governmental units and citizens on managing long-term noxious plant control programs;

(5) delineation and recommendation of areas in the state where management programs or certain management tools should not be utilized because of economic or environmental considerations;

(6) information on the restrictions and proper use of pesticides and other management techniques;

(7) publishing of model quarantine standards for counties desiring to provide a quarantine program for noxious plants, plant parts, and seed transported in the county; and

(8) cooperation and coordination of activities with any government agency, private industry, or citizen.
Mont. Code Ann. § 80-12-216 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-216
80-12-216 Agricultural loan guaranty fund
Status: in_force

80-12-216 . Agricultural loan guaranty fund. (1) The authority shall create an agricultural loan guaranty fund. The fund must be held by a trustee or other fiduciary designated by the authority. There must be deposited into the fund amounts, insurance fees, premiums, and such other revenues and assets as the authority considers necessary to comply with any contract or agreement entered into by the authority under this chapter. The authority may borrow from and deposit in the agricultural loan guaranty fund up to $20,000,000 from any available state fund, including funds of the Montana board of housing.

(2) The amounts in the fund must be used to satisfy any claim resulting from a defaulted loan or other credit agreement. The amounts in the fund may also be used for any other purpose prescribed by the authority in accordance with guaranty contracts with financial institutions entered into pursuant to this chapter, including without limitation the protection of the interest of the authority in loans during periods of delinquency or upon default.

(3) The minimum reserve requirement for the agricultural loan guaranty fund must be such amount as may be provided in an agreement, resolution, or indenture with the holders of bonds issued under this chapter, but not in excess of the aggregate annual payments due under the loans or other credit agreements guaranteed by the authority. No loan or other credit agreement may be guaranteed by the authority if the amount of money available in the agricultural loan guaranty fund would be less than the minimum reserve requirement.

(4) In order to assure the maintenance of the agricultural loan guaranty fund, the authority shall, on or before September 1 in each year preceding the convening of the legislature, deliver to the governor a certificate stating the sum, if any, required to restore the agricultural loan guaranty fund to the minimum reserve requirement. The governor shall include in the executive budget submitted to the legislature the sum required to restore the agricultural loan guaranty fund to the minimum reserve requirement. Nothing contained herein shall obligate the legislature to make an appropriation for this purpose.

(5) All amounts remitted to the authority under this section constitute loans to the authority and must be repaid to the state treasury without interest from available operating revenues of the authority in excess of amounts required for the guarantee of loans.
Mont. Code Ann. § 80-7-123 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-123
80-7-123 Nursery account -- investment of funds
Status: in_force

80-7-123 . Nursery account -- investment of funds. (1) There is an account in the state special revenue fund. All fee revenue and reimbursements for costs authorized under 80-7-106 , 80-7-110 , 80-7-135 , and this section must be deposited in this account. Revenue in the account must be used for the purposes and provisions of this part.

(2) Revenue received under 80-7-106 , 80-7-110 , 80-7-135 , and this section not immediately required for the purposes of 80-7-106 , 80-7-110 , 80-7-135 , and this section must be invested in accordance with the unified investment program established in Title 17, chapter 6, part 2. Income from the investments must be deposited in the account.
Mont. Code Ann. § 80-3-311 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-311
80-3-311 Standard grades for produce
Status: in_force

80-3-311 . Standard grades for produce. (1) Unless a Montana grade standard has been established, the standard grades for produce:

(a) are limited to the U.S. grades governing the produce;

(b) must conform in all respects and be identical with the most recent standards established by the U.S. department of agriculture for the produce; and

(c) when conforming, must be accepted as the legal standards for this state.

(2) The department may by rule establish state grades for produce grown in Montana when the amount grown reaches a volume rendering it of market importance or when requested by the industry. State produce grades must be established in consultation with representatives of the various components of the produce industry, including growers, sellers, buyers, traders, wholesalers, retailers, and consumers.

(3) The grade "Montana unclassified" must contain at least 50% of produce that would grade U.S. No. 2 or better.

(4) Produce not conforming to established grades may be sold if it is marked in the same manner as graded produce, except that in place of specifying the grade, the word "ungraded" or "unclassified" must be used.
Mont. Code Ann. § 80-4-404 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-404
80-4-404 Terms of licenses -- renewals
Status: in_force

80-4-404 . Terms of licenses -- renewals. Each license issued or renewed under parts 5 and 6 of this chapter shall be issued for a period to be prescribed by rule of the department.
Mont. Code Ann. § 80-3-314 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-314
80-3-314 Reporting requirements -- assessment fees -- exceptions
Status: in_force

80-3-314 . Reporting requirements -- assessment fees -- exceptions. (1) Produce sold or distributed in this state must be reported on forms approved by the department and must be assessed a fee for each produce unit or equivalent poundage. The fee amount may be adjusted by rule but must be at least 3 cents and not more than 7 cents for each produce unit.

(2) The produce dealer who first distributes produce in this state or a grower who retails Montana-grown produce with gross annual sales exceeding $25,000 shall pay the produce assessment fee established in subsection (1). However, any produce dealer in possession of the produce may be held responsible for payment of the fee unless the grower has paid for a produce dealer license or has made available to the produce dealer a written form provided by the department stating that the assessment fees are being paid.

(3) The report and fees are due 30 days after the last day of the reporting period. The reporting periods end June 30 and December 31.

(4) Payment of the produce assessment fee is not required on produce that is:

(a) grown and retailed in Montana by the grower if annual gross retail sales by the grower do not exceed $25,000;

(b) grown in this state, not packaged for market, and sold for resale by the grower;

(c) in the case of vegetative seed potato products, intended or used for planting purposes; or

(d) purchased from or distributed by a produce dealer licensed under 80-3-321 if the produce has been reported and the assessment fee has been paid.

(5) Fees must be paid only if they total more than $5 in a reporting period.
Mont. Code Ann. § 80-6-101 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-101
80-6-101 Definitions
Status: in_force

80-6-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Apiary" means a location where one or more colonies of bees are kept or one or more hives containing honeycombs or bee combs are kept.

(2) "Bee diseases" means a disease or abnormal condition of egg, larval, pupal, or adult stages of bees. Specific bee diseases that are subject to regulation under parts 1 through 3 of this chapter must be designated by department rule.

(3) "Bees" means any stage Apis mellifera and all European subspecies.

(4) "Colony" means the bees and the hive and all equipment used in connection with that hive.

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

(6) "Equipment" means hives, supers, frames, veils, gloves, or any apparatus, tools, machines, or other devices used in the handling and manipulation of bees, honey, wax, and hives. The term includes containers of honey and wax used in an apiary or in transporting bees and their products and includes apiary supplies.

(7) "Family unit" means two or more persons living together or residing in the same dwelling, house, or other place of residence.

(8) "General apiary site" means an apiary site other than a pollination apiary site, landowner apiary site, or hobbyist apiary site.

(9) "Hive" means a frame hive, box hive, box, barrel, log gum, skep, or other receptacle or container or a part of a container, natural or artificial, used as a domicile for bees.

(10) "Hobbyist apiary site" means an apiary site registered by a hobbyist beekeeper.

(11) "Hobbyist beekeeper" means a person who owns a total of no more than five hives.

(12) (a) "Landowner" means the person who has the use and exclusive possession of the land upon which the apiary is to be registered.

(b) The term does not include a person leasing or renting land for the primary purpose of locating or establishing an apiary.

(13) "Landowner apiary site" means an apiary site registered by a landowner.

(14) "Persons" means individuals, associations, partnerships, or corporations.

(15) "Pest" means the African honeybee (Apis mellifera scutellata and Apis mellifera capensis), those honeybees Africanized by interbreeding with the African honeybee, and any other parasite or predator that attacks the egg, larval, pupal, or adult stages of the honeybee that are subject to regulation under parts 1 through 3 of this chapter as identified by rule of the department.

(16) "Pollination apiary site" means an apiary site registered for pollination of a commercial seed, fruit, or other commercial agricultural product as provided in 80-6-112 .
Mont. Code Ann. § 80-8-405 — MT Code / Title 80 / Chapter 8 / Part 4 / Section 80-8-405
80-8-405 Policymaking authority
Status: in_force

80-8-405 . Policymaking authority. The department may adopt policies and guidelines to implement this part.
Mont. Code Ann. § 80-11-204 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-204
80-11-204 Election of presiding officer -- time of meetings
Status: in_force

80-11-204 . Election of presiding officer -- time of meetings. At the first meeting of the administrative committee, it shall elect a presiding officer from among its members. The committee shall meet at least once every 3 months and at other times as called by the presiding officer or by any three members of the committee.
Mont. Code Ann. § 80-7-1007 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1007
80-7-1007 Rulemaking authority
Status: in_force

80-7-1007 . Rulemaking authority. (1) Unless otherwise provided in Title 81, chapters 2 and 7, or this chapter, each of the departments may adopt rules for the prevention, early detection, and control of invasive species under the departments' jurisdiction, including rules for the:

(a) implementation of the invasive species strategic plan adopted pursuant to 80-7-1006 ;

(b) transportation of an invasive species or any agent likely to be a carrier of an invasive species;

(c) designation, regulation, and treatment of an invasive species management area under 80-7-1008 , including rules pertaining to:

(i) the use of quarantine regulations and measures;

(ii) the movement of vessels and equipment within, to, or from the area; and

(iii) the inspection and cleaning of vessels and equipment moving within, to, or from the area;

(d) manner in which vessels and equipment, including bilges, livewells, bait containers, and other boating-related equipment, traveling in the state must be cleaned to ensure that they are free from the presence of an invasive species; and

(e) prohibition on the use of felt-soled waders.

(2) The departments shall adopt rules for the administration of the statewide invasive species management area established in 80-7-1015 , including rules specifying the method or methods for preventing the introduction or further introduction of invasive species into the state, and shall adopt rules for:

(a) the use of quarantine measures;

(b) the movement of vessels and equipment into the state; and

(c) the manner in which check stations will be used to inspect, clean, and decontaminate vessels and equipment moving into the state.
Mont. Code Ann. § 80-8-402 — MT Code / Title 80 / Chapter 8 / Part 4 / Section 80-8-402
80-8-402 Statement of policy
Status: in_force

80-8-402 . Statement of policy. The legislature finds and declares that:

(1) the exposure of children to pesticides applied in and around schools can pose a potentially acute or chronic toxicological hazard to their health;

(2) infants and children can be especially vulnerable to pesticides, especially if pesticides are not properly applied or used;

(3) schools need to adopt pest management programs that minimize exposure of school children to pesticides and provide for alternative pest control methods; and

(4) the department shall prepare and distribute to each Montana school district a model integrated pest and pesticide management safety program that satisfies the provisions of this section.
Mont. Code Ann. § 80-9-203 — MT Code / Title 80 / Chapter 9 / Part 2 / Section 80-9-203
80-9-203 Misbranded feed
Status: in_force

80-9-203 . Misbranded feed. A commercial feed is misbranded if:

(1) its labeling is false or misleading in any particular;

(2) it is distributed under the name of another commercial feed;

(3) it is not labeled as required in 80-9-202 ;

(4) it purports to be or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to any definition prescribed by rule of the department;

(5) any word, statement, or other information required by this chapter to appear on the label is not prominently placed there with a conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in terms which render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Mont. Code Ann. § 80-9-302 — MT Code / Title 80 / Chapter 9 / Part 3 / Section 80-9-302
80-9-302 Enforcement -- embargo order -- condemnation
Status: in_force

80-9-302 . Enforcement -- embargo order -- condemnation. (1) When the department has reasonable cause to believe any lot of commercial feed or other feed is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written or printed embargo order requiring the person holding the commercial feed not to dispose of it in any manner until written permission is given by the department or the court. The department shall release the feed when this chapter and the rules of the department have been complied with. If compliance is not obtained within 30 days, the department may begin or, upon the request of the registrant, manufacturer, licensee, or person holding the commercial feed, shall begin proceedings for condemnation.

(2) Commercial feed not in compliance with this chapter or the rules of the department may be seized on complaint of the department to a district court in the area in which the commercial feed is located. If the court finds the commercial feed in violation of this chapter and orders its condemnation, it must be disposed of in any manner consistent with the quality of the commercial feed and state law. The disposition of the commercial feed may not be ordered by the court without first giving the owner or person from whom the feed was seized an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
Mont. Code Ann. § 80-7-714 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-714
80-7-714 Rules
Status: in_force

80-7-714 . Rules. The department may adopt rules and policies necessary to implement 80-7-711 through 80-7-713 pursuant to the Montana Administrative Procedure Act.
Mont. Code Ann. § 80-6-303 — MT Code / Title 80 / Chapter 6 / Part 3 / Section 80-6-303
80-6-303 Penalty
Status: in_force

80-6-303 . Penalty. (1) (a) Except as provided in subsection (2), a person violating or aiding in the violation of parts 1 through 3 of this chapter or rules adopted under parts 1 through 3 is subject to an administrative civil penalty of not more than $1,000 for each offense. Assessment of a penalty under this subsection (1) may be made in conjunction with any other warning, order, or administrative action that is issued by the department under this part. The proceeds of an administrative civil penalty must be deposited in the state special revenue account provided for in 80-6-315 .

(b) A person who is assessed a penalty for violating parts 1 through 3 of this chapter is also subject to payment of costs incurred by the department for inspections or investigations related to the violation.

(2) (a) A person violating or aiding in the violation of the provisions of 80-6-202 is subject to an administrative civil penalty of not more than $10,000 for each offense. Assessment of a penalty under this subsection (2)(a) may be made in conjunction with any other warning, order, or administrative action that is issued by the department under this part. The proceeds of an administrative civil penalty must be deposited in the state special revenue account provided for in 80-6-315 .

(b) A person who is assessed a penalty for violating 80-6-315 is also subject to payment of costs incurred by the department for inspections or investigations related to the violation.

(3) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts of penalties for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under subsection (1). The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.

(4) This part may not be construed as requiring the department or its representatives to report violations of this part when it is believed that the public interest will be best served by a suitable notice of warning.
Mont. Code Ann. § 80-8-303 — MT Code / Title 80 / Chapter 8 / Part 3 / Section 80-8-303
80-8-303 Embargo
Status: in_force

80-8-303 . Embargo. (1) Whenever a duly authorized agent of the department of agriculture finds or has probable cause to believe that any pesticide or device is adulterated or misbranded, has not been registered under the provisions of 80-8-201 , fails to bear on its label the information required by this chapter, or is a white powder pesticide and is not colored as required under this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice of the failure and stating that the article has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. A person who removes or disposes of a detained or embargoed article by sale or otherwise without prior permission or who removes or alters the tag or marking is guilty of a misdemeanor and may be charged accordingly or may be subjected to appropriate administrative proceedings, or both.

(2) When an article detained or embargoed under subsection (1) has been found by the agent to be in violation of subsection (1) and after 30 days the violation has not been resolved, the agent may petition the district court in whose jurisdiction the article is detained or embargoed for a condemnation of the article. When the agent has found that an article detained or embargoed is not adulterated or misbranded, the agent shall remove the tag or other marking.

(3) If the court finds that a detained or embargoed article is in violation of this chapter or rules adopted under this chapter, the article must after entry of the decree be destroyed at the expense of the claimant of the article, under the supervision of the agent, and all court costs and fees and storage and other proper expenses must be assessed against the claimant of the pesticide or device or the claimant's agent. However, when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after costs, fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of the pesticide or device, may by order direct that the article be delivered to the claimant of the article for labeling or processing under the supervision of an agent of the department. The expense of supervision must be paid by the claimant. The article must be returned to the claimant of the pesticide or device on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of supervision have been paid.
Mont. Code Ann. § 80-4-527 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-527
80-4-527 Warehouse receipt -- issuance -- cancellation
Status: in_force

80-4-527 . Warehouse receipt -- issuance -- cancellation. (1) A warehouse receipt is a receipt issued by a licensed warehouse operator on a form containing all the information required by 80-4-526 .

(2) A warehouse receipt may not be issued except for an agricultural commodity actually delivered to a warehouse for storage.

(3) All warehouse operators are required to issue a warehouse receipt for each lot of agricultural commodity received for storage or make payment for the agricultural commodity.

(4) A warehouse receipt that does not in fact represent an agricultural commodity actually delivered into a warehouse for storage and the origin of which cannot be traced to the actual delivery of the grain represented:

(a) is not legal and is of no value;

(b) has no claim on the agricultural commodity stored in a warehouse; and

(c) has no claim on the warehouse operator's bond.

(5) All agricultural commodities in a warehouse belong to the holder of outstanding warehouse receipts except those commodities that are in excess of the total of all outstanding storage obligations. An outstanding warehouse receipt is a warehouse receipt that has not been returned and paid in full on the basis of grade, quality, and quantity by the warehouse operator issuing it.

(6) If for convenience the holder of two or more warehouse receipts covering like agricultural commodities wishes to combine them, the new receipt must state the fact that it was issued in lieu of existing receipts. An assembly or recapitulation statement must be made whenever receipts are so combined, and the number or other identification of the statement must be referenced on the new combined receipt. The assembly sheet must be kept on file in the warehouse office. Each canceled receipt must have stamped across its face "Canceled by No. __" (showing the number of the new combination receipt).

(7) A warehouse operator who is a grower may receive the warehouse operator's own grain and issue warehouse receipts for agricultural commodities, in the same manner and without discrimination, as though the warehouse and growing enterprises were of separate ownership. However, the warehouse operator shall report to the department all warehouse receipts issued to the warehouse operator as a grower.

(8) When warehouse receipts are prepared on duplicate or triplicate forms, the original copy is the warehouse receipt and must be given upon request to the person storing the agricultural commodity covered by the receipt. The other copies must have plainly printed across the face the words "duplicate", "triplicate", or "nonnegotiable".

(9) Each warehouse receipt issued must show the amount of cash or value of any merchandise the warehouse operator has advanced on the agricultural commodity represented by the receipt, but the notation may not be construed as fixing the date of sale of the grain.

(10) All warehouse receipts must be numbered consecutively as issued by each warehouse operator.

(11) Warehouse receipts must be issued when storage is charged but no later than 30 days after delivery unless agreed to in writing by both parties.

(12) Warehouse receipts must be canceled by drawing a diagonal line and writing "CANCELED" across the face of the original copy of the warehouse receipt. The cancellation date and method of settlement, such as check number or purchase contract number, must also be noted on the face of the original copy of the warehouse receipt. The warehouse receipt holder or the receipt holder's agent shall sign and date the reverse side of the original copy of the warehouse receipt at the time of settlement. If the agricultural commodity is redelivered to the receipt holder, that fact must be noted.
Mont. Code Ann. § 80-10-201 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-201
80-10-201 Registration
Status: in_force

80-10-201 . Registration. (1) (a) Each brand and grade of fertilizer and each soil amendment except unmanipulated animal or vegetable manures must be registered by the manufacturer or the supplier on behalf of the manufacturer before distribution in this state. The application for registration must be submitted to the department on a form approved by the department and must be accompanied by:

(i) a nonrefundable fee of $20 per grade for each fertilizer and for each soil amendment;

(ii) a nonrefundable fee of $35 for each specialty fertilizer; and

(iii) a fee of $10 for each commercial and specialty fertilizer to be used for ground water protection, as required in 80-15-302 (3).

(b) Upon approval, the department shall furnish a copy of the registration to the applicant. All registrations expire on December 31 of each year.

(2) (a) The application for registration must include:

(i) the brand and grade;

(ii) the guaranteed analysis;

(iii) the source of each plant food element guaranteed;

(iv) the name and address of the registrant;

(v) the net weight for packaged products;

(vi) an electronic copy of each label and labeling when requested by the department; and

(vii) analytical information on nutrient ingredients and nonnutrient ingredients as required by rule.

(b) The department shall require the applicant to furnish replicated data, performed by a reputable investigator whose work is recognized as acceptable by the director of the agricultural experiment station or the director's designee, verifying any claims for effectiveness or agricultural value of any fertilizer or soil amendment product that is not generally recognized as having the values claimed at the use rates recommended.

(3) A licensee is not required to register any brand and grade of commercial fertilizer that is already registered under this section by another person.

(4) Registration is not required for custom blends resulting from blending of registered products.

(5) A manufacturer or supplier may not register a product until full payment of the assessment fees provided for in 80-10-103 and 80-10-207 has been received by the department for each product.
Mont. Code Ann. § 80-15-301 — MT Code / Title 80 / Chapter 15 / Part 3 / Section 80-15-301
80-15-301 Agricultural chemical ground water protection accounts -- acceptance and expenditure of gifts, grants, and funds
Status: in_force

80-15-301 . Agricultural chemical ground water protection accounts -- acceptance and expenditure of gifts, grants, and funds. (1) There is a department of agriculture agricultural chemical ground water protection special revenue account and a department of environmental quality agricultural chemical ground water protection special revenue account within the state special revenue fund established by 17-2-102 .

(2) Both accounts named in subsection (1) may receive funds from any source as gifts, grants, cost-share funds, or other funds designated for agricultural chemical ground water protection purposes.

(3) The department and the department of environmental quality may individually or jointly spend funds received by their respective accounts for the purposes authorized by this chapter.
Mont. Code Ann. § 80-5-404 — MT Code / Title 80 / Chapter 5 / Part 4 / Section 80-5-404
80-5-404 Planting noncertified seed potatoes prohibited -- exceptions
Status: in_force

80-5-404 . Planting noncertified seed potatoes prohibited -- exceptions. (1) To control and prevent the spread of contagious diseases and viruses among seed potato stock, it is unlawful for any person to plant or produce potatoes, either seed or commercial, from any seed potato stock 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 receiving point by a federal or state-federal standard grade inspector if from a source outside the county;

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

(d) for each individual lot of seed potatoes, accompanied by a United States department of agriculture or state of origin certificate 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 this section do not apply to:

(a) potatoes grown in home gardens;

(b) potatoes grown by any unit of the Montana university system for research or educational purposes.
Mont. Code Ann. § 80-11-1101 — MT Code / Title 80 / Chapter 11 / Part 11 / Section 80-11-1101
80-11-1101 Hemp certification program -- plan -- department authority -- rulemaking
Status: in_force

80-11-1101 . Hemp certification program -- plan -- department authority -- rulemaking. (1) (a) The department may develop a state hemp certification program plan.

(b) If developed, the plan must conform with applicable federal standards and industry best practices.

(c) If a hemp commodity advisory committee is formed in accordance with 80-11-510 , the department shall request the committee's input in developing the plan.

(2) The department may implement a state hemp certification program in accordance with chapter 18, this section, and rules adopted by the department in accordance with subsection (5) of this section.

(3) (a) A state hemp certification program must ensure that a product sold or labeled as Montana hemp:

(i) is grown under a valid state license and in accordance with chapter 18; and

(ii) undergoes laboratory testing protocols to meet applicable state and federal food safety and product labeling laws.

(b) A state hemp certification program may contain requirements that are more stringent than those contained in federal law or regulation.

(4) After establishment of a state hemp certification program, the department shall include the promotion of Montana-certified hemp in its agricultural product marketing programs.

(5) If the department establishes a state hemp certification program, the department shall adopt rules necessary to implement the program. The rules may include but are not limited to:

(a) provisions for the operation of a state hemp certification program by the department;

(b) fees to be paid by applicable entities commensurate to the costs of operating a state hemp certification program;

(c) penalties and enforcement provisions for a state hemp certification program; and

(d) additional requirements necessary for administering a state hemp certification program.
Mont. Code Ann. § 80-4-721 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-721
80-4-721 Fees for inspection, testing, and weighing agricultural commodities -- disposition -- investment
Status: in_force

80-4-721 . Fees for inspection, testing, and weighing agricultural commodities -- disposition -- investment. (1) The department shall by rule fix the fees for inspection, testing, and weighing of agricultural commodities.

(2) All fees and other charges fixed by rule, including fees for the inspection, grading, weighing, and protein testing of agricultural commodities, must reflect as nearly as possible the actual cost of the services.

(3) All fees and charges must be paid to the department and deposited with the state treasurer. The state treasurer shall place all money in the state special revenue fund. Fees deposited in the state special revenue fund must be used to pay approved claims for expenses incurred in inspecting, grading, weighing, and protein testing of agricultural commodities.

(4) The department may direct the board of investments to invest funds from the state special revenue fund pursuant to the provisions of the unified investment program for state funds. The income from the investments must be credited to the proper department account in the state special revenue fund.

(5) All fees collected under this part must be expended for the purposes of this part as provided in Article XII, section 1, of the Montana constitution.
Mont. Code Ann. § 80-4-608 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-608
80-4-608 Payment of purchase price -- definitions
Status: in_force

80-4-608 . Payment of purchase price -- definitions. (1) A person required to be licensed as a commodity dealer shall pay 90% of the purchase price to the owner or the owner's agent for agricultural commodities upon delivery and demand by the owner or agent and the remaining 10% not later than 30 days after delivery by the owner or agent unless otherwise agreed to in writing by the parties. Title to agricultural commodities sold to a commodity dealer under this section transfers to the commodity dealer upon physical delivery of the commodity.

(2) As used in this section, the following definitions apply:

(a) "Delivery" means the transfer by the seller of title to and possession of agricultural commodities to the commodity dealer or to another person in accordance with the agreement between the seller and the commodity dealer.

(b) "Payment" means the actual payment or tender of payment of the agreed purchase price by the commodity dealer to the seller.
Mont. Code Ann. § 80-5-125 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-125
80-5-125 Exchange of seed between labelers
Status: in_force

80-5-125 . Exchange of seed between labelers. (1) When seed is exchanged or transferred from one seed labeler to another, it shall be accompanied by a shipping document which clearly shows the kind(s) of seed and quantity of each kind. Each container of seed in a lot shall carry a lot number designation.

(2) While seed is in the possession of a licensed seed labeler, it must carry a lot number on each container at all times. When seed is made available for sale or sold, a complete label must be attached to each container of a lot.
Mont. Code Ann. § 80-7-403 — MT Code / Title 80 / Chapter 7 / Part 4 / Section 80-7-403
80-7-403 Receipt and deposit of gifts, grants, and other funds
Status: in_force

80-7-403 . Receipt and deposit of gifts, grants, and other funds. (1) To fund the provisions of 80-7-402 , the department may receive funds from any source as gifts, grants, contracts, cost-share funds, and other funds, including civil penalties and recovered expenses.

(2) Except for funds received in the form of civil penalties, funds received pursuant to this section must be deposited in the produce account established in 80-3-304 . Funds received in the form of civil penalties must be deposited in the general fund.
Mont. Code Ann. § 80-3-323 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-323
80-3-323 Publication of reports
Status: in_force

80-3-323 . Publication of reports. The department may publish the names and addresses of persons licensed under this part and may also publish a list of licenses revoked, suspended, or not renewed pursuant to 80-3-322 and the reasons for revocation, suspension, or nonrenewal.
Mont. Code Ann. § 80-15-413 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-413
80-15-413 Judicial civil penalty
Status: in_force

80-15-413 . Judicial civil penalty. A person who commits a violation as specified in 80-15-402 shall be subject to a judicial civil penalty not to exceed $10,000. Each occurrence constitutes a separate violation.
Mont. Code Ann. § 80-7-922 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-922
80-7-922 Penalties
Status: in_force

80-7-922 . Penalties. A person who violates or aids in a violation of any of the provisions of this part or any rules or orders of the department adopted under this part is subject to the following penalties:

(1) a civil penalty of not more than $1,000 for each offense. Assessment of a civil penalty by the department may be made in conjunction with any other warning, order, or administrative action authorized by this part that is issued by the department.

(2) a misdemeanor penalty of not less than $100 or more than $1,500 or up to 6 months' imprisonment, or both, if the person is convicted in district court.
Mont. Code Ann. § 80-4-701 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-701
80-4-701 Official agricultural commodity inspectors, samplers, and weighers -- designation of seasonal inspection points -- assignment of inspectors
Status: in_force

80-4-701 . Official agricultural commodity inspectors, samplers, and weighers -- designation of seasonal inspection points -- assignment of inspectors. (1) The department shall provide inspectors, samplers, and weighers to enforce this part. At all inspection points designated by the department, the department shall provide sufficient official agricultural commodity inspectors, samplers, and weighers to inspect and weigh all agricultural commodities subject to state inspection.

(2) The department may, during the grain-marketing season, appoint inspectors to visit the grain-growing districts to investigate the grading, dockage, and weighing of grain and to enforce the rules of the department.

(3) Expenditures for the inspection and weighing at the points designated by the department may not exceed total fee receipts at those points.
Mont. Code Ann. § 80-7-505 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-505
80-7-505 Computation and collection of assessments on landowners
Status: in_force

80-7-505 . Computation and collection of assessments on landowners. Each owner of cropland benefited under a cropland spraying program is liable for the portion of the landowner's share of the program costs as the owner's cropland is a portion of all cropland within the boundaries of the program. The county treasurer shall compute each landowner's liability and mail a special assessment to each owner or occupier of land within the boundaries of the program. Unless otherwise mutually agreed upon, this assessment is due and payable within 32 days of mailing or 30 days of receipt if receipt is shown to be more than 2 days after mailing. A delinquent assessment is a lien upon the land assessed.
Mont. Code Ann. § 80-14-102 — MT Code / Title 80 / Chapter 14 / Part 1 / Section 80-14-102
80-14-102 Terminated
Status: in_force

80-14-102 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-7-1012 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1012
80-7-1012 Invasive species possession and transfer prohibited -- exceptions
Status: in_force

80-7-1012 . Invasive species possession and transfer prohibited -- exceptions. (1) Except as provided in subsection (2), a person may not import, purchase, sell, barter, distribute, propagate, transport, introduce, or possess an invasive species except:

(a) when transporting a specimen to any of the departments or another destination as directed by any of the departments in a sealed container for the purpose of containing, identifying, or reporting the presence of the species or for an approved educational purpose;

(b) when done by a government agency for an approved purpose;

(c) with a proper permit issued by the state or federal government; or

(d) as allowed by rule.

(2) A person who learns of the presence of an invasive species on that person's vessel or property shall notify the department with primary jurisdiction of the species immediately. If the person complies with department requirements for the treatment, control, and eradication of the invasive species, the person must be considered to be in compliance with this section and is not subject to penalties under 80-7-1014 . This subsection does not apply to a person who purposely or knowingly introduces or attempts to introduce an invasive species in Montana.
Mont. Code Ann. § 80-10-205 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-205
80-10-205 Misbranding and adulteration prohibited
Status: in_force

80-10-205 . Misbranding and adulteration prohibited. (1) A person may not distribute a misbranded fertilizer or soil amendment. A fertilizer or soil amendment is misbranded if:

(a) its labeling is false or misleading in any manner;

(b) it is distributed under the name of another fertilizer or soil amendment product;

(c) it is not labeled as required in 80-10-204 and in accordance with rules prescribed under this chapter;

(d) adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown on the label; or

(e) it purports to be or is represented as a fertilizer or soil amendment or is represented as containing a plant nutrient, fertilizer, or soil amendment ingredient unless that plant nutrient, fertilizer, or soil amendment conforms to the definition of identity, if any, prescribed by rule of the department. In adopting this type of rule, the department shall give consideration to commonly accepted definitions and official fertilizer and soil amendment terms as issued by the association of American plant food control officials.

(2) A person may not distribute an adulterated fertilizer or soil amendment product. A fertilizer or soil amendment is adulterated if:

(a) it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label;

(b) its composition falls below or differs from that which it is purported to possess by its labeling; or

(c) it contains crop seed or weed seed.
Mont. Code Ann. § 80-12-102 — MT Code / Title 80 / Chapter 12 / Part 1 / Section 80-12-102
80-12-102 Definitions
Status: in_force

80-12-102 . Definitions. (1) As used in this chapter, the following definitions apply:

(a) "Agricultural land" means land actively devoted to agricultural use as defined in 15-7-202 .

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

(c) "Bonds" means bonds or bond anticipation notes issued by the authority under the provisions of this chapter.

(2) References to the authority's property, revenues, or assets apply only to property, revenues, and assets generated by the Montana agricultural loan authority program, not those owned or generated by any other program or property over which the authority exercises general authority, direction, and control.
Mont. Code Ann. § 80-6-1109 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1109
80-6-1109 Fees to be set by rule -- account established
Status: in_force

80-6-1109 . Fees to be set by rule -- account established. (1) Fees authorized to be charged by this part must be set by department rule.

(2) There is an account in the state special revenue fund known as the leaf-cutting bee account for use by the department. The account is made up of:

(a) fees collected under this part; and

(b) any grants, donations, or gifts made to the department and designated for the purposes of this part.

(3) The department may direct the board of investments to invest money from the account pursuant to the provisions of the unified investment program. The income from investments must be credited to the leaf-cutting bee account.
Mont. Code Ann. § 80-8-306 — MT Code / Title 80 / Chapter 8 / Part 3 / Section 80-8-306
80-8-306 Penalties
Status: in_force

80-8-306 . Penalties. (1) A person convicted of violating any of the provisions of this chapter or the rules issued under this chapter or who misrepresents, prevents, or attempts to prevent the department or its authorized agent in performance of its duty in connection with the provisions of this chapter is guilty of a misdemeanor and shall be fined not less than $100 but not more than $1,500.

(2) The department or its authorized representative may apply to the district court of the county where a violation is about to occur or has occurred to 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 promulgated under the chapter notwithstanding the existence of other remedies of law. When a person makes pesticide applications in more than one county on a commercial basis without a license or permit or operates in violation of a lawful written order of the department in more than one county, the district court of Lewis and Clark County has concurrent jurisdiction with the district court of another county where a violation has occurred or is about to occur and the department may select and proceed in the court that is most appropriate under the circumstances. The injunction is to be issued without bond.

(3) Nothing in this chapter requires the department or its authorized agent to report minor violations of the chapter for prosecution or for the institution of seizure proceedings when it believes that the public interest will be best served by other remedial action, by a suitable notice of warning in writing, or by a lawful written order. This chapter does not apply to common carriers transporting shipments tendered to them by the general public.

(4) Any person who with intent to defraud uses or reveals information relative to formulas of products acquired under the authority of 80-8-201 shall, upon conviction, be fined not more than $500 or be imprisoned for not more than 1 year, or both.

(5) (a) Any registrant, applicator, dealer, retailer, or other person who commits a major violation of this chapter as defined in subsection (5)(e), in addition to other penalties provided in this chapter, may be assessed a civil penalty by the department of not more than $2,500 for each offense. However, farm applicators possessing a permit may not be assessed a civil penalty over $500 for the first offense. Assessment of a civil penalty may be made in conjunction with any other department warning, order, or administrative action authorized by this chapter.

(b) A civil penalty may not be assessed unless the person charged was given notice and opportunity for a hearing and an appeal pursuant to the Montana Administrative Procedure Act.

(c) (i) If after investigation the department determines that a major violation of this chapter has significantly harmed human life, welfare, or safety or affected agricultural commodities, livestock, or the environment in a manner that cannot be appropriately addressed by the penalties assessed in subsection (5)(a), the department may seek a civil penalty, not to exceed $25,000 for each offense, by filing a complaint in district court.

(ii) In addition to the civil penalty provided in subsection (5)(c)(i), a person who willfully commits a major violation of this chapter that results in significant harm to human life, welfare, or safety or to agricultural commodities, livestock, or the environment is guilty of a felony and shall, upon conviction, be fined not more than $50,000 or be imprisoned in the state prison for not more than 10 years, or both.

(d) In determining an appropriate 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 human health, agricultural commodities, livestock, or the environment.

(e) A major violation of this chapter includes:

(i) misuse of a pesticide that results in proven exposure of humans, agricultural commodities, or livestock or results in proven harm to human health, agricultural commodities, livestock, or the environment. As used in this subsection (i), "misuse" means the use, handling, or release of a pesticide by a person in a manner inconsistent with the label or labeling or in violation of department pesticide application, storage, mixing, and loading rules or pesticide and container disposal rules.

(ii) selling of a restricted pesticide to a person not certified or authorized to purchase restricted pesticides;

(iii) use or sale of unregistered pesticides;

(iv) failure to maintain any individual pesticide application and sales records;

(v) using or selling pesticides without having obtained the required license or permit;

(vi) noncompliance with pesticide worker protection standards and labeling;

(vii) noncompliance with pesticide ground water and environmental protection agency endangered species standards and labeling;

(viii) noncompliance with pesticide or pesticide container disposal, labeling, or handling requirements and standards; or

(ix) reoccurrence of any identical violation of this chapter within 2 years of the first violation.

(f) If the department is unable to collect the civil penalty or if a person fails to pay all or a portion of the civil penalty as determined by the department, the department may recover that amount by action in the appropriate district court.
Mont. Code Ann. § 80-8-202 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-202
80-8-202 Prohibited acts
Status: in_force

80-8-202 . Prohibited acts. (1) It is unlawful for a person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce between points within this state any of the following:

(a) a pesticide that has not been registered pursuant to the provisions of 80-8-201 or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration or if the composition of a pesticide differs from its composition as represented in connection with its registration or if registration or reregistration has been refused, revoked, canceled, or suspended. The department may allow a change in the labeling or formula of a pesticide within a registration period without requiring reregistration of the product when the change does not adversely affect the product for its intended use and if proper application for the change is made.

(b) a pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container and to the outside container or wrapper of the retail package, if there is one, through which the required information on the immediate container cannot be clearly read, a label bearing:

(i) the name and address of the manufacturer, registrant, or person for whom manufactured;

(ii) the trade and chemical name, brand, or trademark under which the article is sold;

(iii) the net weight or measure of the content, subject to reasonable variations that the department may permit;

(c) a pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in 80-8-105 , unless the label bears, in addition to any other matter required by this chapter:

(i) the skull and crossbones;

(ii) the word "poison" prominently in red on a background of distinctly contrasting color;

(iii) a statement of an antidote for the pesticide;

(d) pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless they have been distinctly colored or discolored, as provided by regulations issued in accordance with this chapter, or any other white powder pesticide that the department, after investigation of and after public hearing on the necessity for the action for the protection of the public health and the environment and the feasibility of the coloration or discoloration, by regulations requires to be distinctly colored or discolored, unless it has been so colored or discolored. The department may exempt any pesticide to the extent that it is intended for a particular use from the coloring or discoloring required or authorized by this section if it determines that the coloring or discoloring for the use is not necessary for the protection of the public health and the environment.

(e) a pesticide that is adulterated or misbranded or any device that is misbranded.

(2) It is unlawful for a person to:

(a) detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of this chapter;

(b) use for the person's own advantage or reveal, other than to the department or proper officials or employees of the state or the courts of this state in response to a subpoena, to physicians or to veterinarians or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of 80-8-201 .
Mont. Code Ann. § 80-18-106 — MT Code / Title 80 / Chapter 18 / Part 1 / Section 80-18-106
80-18-106 Hemp production -- notification requirements
Status: in_force

80-18-106 . Hemp production -- notification requirements. Each licensee shall file with the department:

(1) documentation showing the type and variety of seeds; and

(2) a copy of any contract to grow hemp.
Mont. Code Ann. § 80-4-601 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-601
80-4-601 Commodity dealer license requirements -- financial responsibility
Status: in_force

80-4-601 . Commodity dealer license requirements -- financial responsibility. (1) A person may not engage in the business of a commodity dealer in this state without first having obtained a license issued by the department.

(2) An application for a license to engage in business as a commodity dealer must be filed with the department and must be on a form prescribed by the department.

(3) (a) A license application must include the following:

(i) the name of the applicant;

(ii) the names of the officers and directors if the applicant is a corporation;

(iii) the names of the partners if the applicant is a partnership;

(iv) the location of the principal places of business;

(v) a sufficient and valid bond as specified in 80-4-604 , plus the bond specified in subsection (5)(a)(i) or (5)(a)(ii) if applicable, or as specified in subsection (5)(a)(iii);

(vi) a complete financial statement prepared by a certified public accountant according to generally accepted accounting principles, setting forth the applicant's cost of all commodities purchased in Montana, assets, liabilities, and equity; and

(vii) any other reasonable information the department finds necessary to carry out the provisions and purpose of this part.

(b) In determining the value of assets for the purposes of commodity dealer licensing:

(i) the value of the assets must be shown at original cost less depreciation, except that upon written request filed with the department, the director may allow asset valuations in accordance with a competent appraisal; and

(ii) credit may be given for insurable property, such as buildings, machinery, equipment, and merchandise inventory, only to the extent that the insurable property is protected against loss or damage by fire by insurance in the form of lawful policies issued by one or more insurance companies authorized to do business and subject to service of process in suits brought in this state.

(4) Except as provided in subsection (5), in order to receive and retain a commodity dealer's license, a commodity dealer shall have and maintain:

(a) equity of $50,000;

(b) positive working capital; and

(c) the bond required under 80-4-604 .

(5) (a) An applicant for a commodity dealer's license:

(i) that meets the condition specified in subsection (4)(c) and has maintained positive equity but does not meet the condition specified in subsection (4)(a) shall provide the department with additional bonding in the amount of $2,000 for each $1,000 or fraction of $1,000 that the applicant's equity is less than $50,000; and

(ii) that meets the condition specified in subsection (4)(c) but does not meet the condition specified in subsection (4)(b) shall provide the department with additional bonding in the amount of $2,000 for each $1,000 or fraction of $1,000 that the applicant's current liabilities exceed the applicant's current assets; or

(iii) that cannot or chooses not to meet the requirements of subsections (4)(a), (4)(b), and (4)(c) may, at the applicant's discretion and with the consent of the department, provide the department with a bond in the amount of 110% of the value of commodities the applicant or dealer intends to purchase during the term of the license or 110% of the value of commodities the dealer purchased during the preceding 12 months, whichever is greater. The minimum bond is $20,000.

(b) An applicant or commodity dealer that provides a bond under subsection (5)(a)(iii) is exempt from the bonding requirement in 80-4-604 (2).

(c) If a commodity dealer posts a bond or equivalent under subsection (5)(a)(iii) and at any time has unpaid contracts that exceed 90% of the dealer's bond or equivalent, the dealer shall either pay off contracts of sufficient value or increase the bond amount so that the total value of the unpaid contracts is less than 90% of the bond or equivalent.

(6) A company may post a bond required by this part for a subsidiary company if the corporate bonds are rated as Aa3 or better by Moody's investors service, inc., or as AA- or better by Standard and Poor's financial services and are issued with the full credit of the parent corporation.

(7) (a) A company or its subsidiary may request that the department waive the requirement to file a complete financial statement pursuant to subsection (3)(a)(vi) for a licensing year, the deficit bonding requirements in 80-4-405 (1), or both, if the company:

(i) has been licensed for 1 year;

(ii) has corporate bonds rated as Baa3 or better by Moody's investors service, inc., as BBB- or better by Standard and Poor's financial services, or as investment grade by an equivalent rating system as determined by department rule; and

(iii) posts the maximum bond amount required by 80-4-405 .

(b) The director shall grant or deny the request within 14 days.

(8) (a) A company or its subsidiary may request that the department waive the requirement of subsection (4)(a) or (4)(b), or both, if the company:

(i) has been licensed for 1 year;

(ii) posts the maximum bond amount required by 80-4-405 ; and

(iii) includes a profit or loss statement from the company's or subsidiary's previous fiscal year that shows operational income equal to or in excess of the value of commodities intended to be purchased during the term of the commodity dealer license.

(b) The director shall grant or deny the request within 14 days.

(9) A company whose business structure includes one or more subsidiary locations may file the parent company's financial statement to meet the requirement of subsection (3)(a)(vi). Financial statements are not required for each subsidiary location.

(10) The department shall adopt rules relating to the form and time of filing of financial statements. The department may require additional information or verification regarding the financial resources of the applicant and the applicant's ability to pay producers for agricultural commodities purchased from them.
Mont. Code Ann. § 80-5-144 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-144
80-5-144 Unlawful use of certification -- penalty
Status: in_force

80-5-144 . Unlawful use of certification -- penalty. A person, firm, association, or corporation may not issue, make, use, or circulate any document purporting to be or represented as a seed or plant part certification certificate, represent seeds or plant parts as certified, or use the term "Montana state certified", "state certified", "Montana certified", or "one year off certified" or similar words or phrases, without the authority and approval of the university. A person, firm, association, or corporation who violates 80-5-140 through 80-5-144 is guilty of a misdemeanor and shall be fined not less than $100 or more than $500 for each offense.
Mont. Code Ann. § 80-7-1203 — MT Code / Title 80 / Chapter 7 / Part 12 / Section 80-7-1203
80-7-1203 Duties -- reporting -- definition
Status: in_force

80-7-1203 . Duties -- reporting -- definition. (1) The invasive species council shall:

(a) provide policy level recommendations, direction, and planning assistance for combating infestations of invasive species throughout the state and preventing the introduction of other invasive species;

(b) foster cooperation, communication, and coordinated approaches that support federal, state, provincial, regional, tribal, and local initiatives for the prevention, early detection, and control of invasive species;

(c) identify, coordinate, and maintain an independent science advisory panel that informs Montana's efforts based on the current status, trends, and emerging technology as they relate to invasive species management in Montana;

(d) in coordination with stakeholders, identify and implement priorities for coordination, prevention, early detection, rapid response, and control of invasive species in Montana;

(e) champion priority invasive species issues identified by stakeholders to best protect the state;

(f) advise and coordinate with agency personnel, local efforts, and the scientific community to implement program priorities;

(g) implement an invasive species education and outreach strategy;

(h) create a poster that provides information related to preventing the spread of invasive species and provide copies of the poster to the department of transportation for display at rest areas;

(i) work with regional groups to coordinate regional defense and response strategies; and

(j) work toward establishing and maintaining permanent funding for invasive species priorities.

(2) The council may receive and, subject to appropriation by the legislature, expend donations, gifts, grants, and other money necessary to fulfill its duties.

(3) The council shall report on its activities to the governor, the director of the department of natural resources and conservation, and the environmental quality council in accordance with 5-11-210 annually.

(4) For the purposes of this part, "invasive species" means plants, animals, and pathogens that are nonnative to Montana's ecosystem and cause harm to natural and cultural resources, the economy, and human health.
Mont. Code Ann. § 80-1-201 — MT Code / Title 80 / Chapter 1 / Part 2 / Section 80-1-201
80-1-201 Department of revenue to collect farm statistics
Status: in_force

80-1-201 . Department of revenue to collect farm statistics. It shall be the duty of the department of revenue, at the time of making the annual assessment of property to collect such statistics in relation to farm products and agricultural resources from each farm owner, operator, or renter as shall be called for by the director of agriculture and on blanks to be prepared and furnished by the director of agriculture.
Mont. Code Ann. § 80-4-424 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-424
80-4-424 Director's authority -- investigative hearing
Status: in_force

80-4-424 . Director's authority -- investigative hearing. The director may upon the director's own motion, whenever the director has reason to believe a violation has occurred or upon verified complaint of any person in writing, investigate the actions of any person and, if the director finds probable cause, shall notify the person that the person shall appear for an investigative hearing before the director 20 days from receipt of written notice.
Mont. Code Ann. § 80-4-534 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-534
80-4-534 Cancellation of insurance -- suspension of license
Status: in_force

80-4-534 . Cancellation of insurance -- suspension of license. Upon cancellation of any policy of insurance required by 80-4-502 and 80-4-506 , the insurance company involved shall give 30 days' advance notice to the department by certified mail, return receipt requested, of cancellation of the policy. If the policy is canceled, the department shall immediately suspend the license of such uninsured warehouse operator without a hearing, pursuant to the Montana Administrative Procedure Act. The suspension may not be removed until satisfactory evidence of the existence of an effective policy of insurance complying with the requirements of 80-4-502 and 80-4-506 has been submitted to the department or until further order by the department or a court of competent jurisdiction.
Mont. Code Ann. § 80-11-105 — MT Code / Title 80 / Chapter 11 / Part 1 / Section 80-11-105
80-11-105 Agricultural transportation enhancement account
Status: in_force

80-11-105 . Agricultural transportation enhancement account. (1) There is an agricultural transportation enhancement account in the state special revenue fund established in 17-2-102.

(2) Any state funds distributed by the department of agriculture must be matched at a rate of 1 to 1, with $1 in state funds to $1 in local funds.
Mont. Code Ann. § 80-2-222 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-222
80-2-222 Board to establish amount of rates -- disposition of funds
Status: in_force

80-2-222 . Board to establish amount of rates -- disposition of funds. (1) The board of hail insurance may, when it considers it advisable, establish as many districts as it considers advisable and may maintain maximum rates in various parts of the state. The rates must be commensurate with the risk incurred as nearly as it can determine from past experiences or from any records available.

(2) Notice of the various rates established for any year must be plainly printed on the application for hail insurance, and the rates for the year must be determined and imposed by the board of hail insurance for each of the various districts as established, in proportions that will in the board's judgment be fair and equitable.

(3) The department may accept and expend all funds received by it, including amounts repaid as principal and interest on investments. The funds are statutorily appropriated, as provided in 17-7-502 , to the board of hail insurance for the purposes of this chapter. Expenditures for actual and necessary expenses required for the efficient administration of this part must be made from temporary appropriations, as described in 17-7-501 (1) or (2), made for that purpose.

(4) In establishing the rates provided in this section, the board of hail insurance shall provide for:

(a) the payment of all expenses of administration, together with all interest owed or to be owing on registered warrants;

(b) that portion of the losses incurred during the current year that are not paid from funds drawn from the reserve;

(c) the maintenance of the reserve, a part or all of which may be used in any 1 year for the purpose of paying the costs of administration, interest on the warrants, and losses as settled and adjusted by the board, including the losses sustained in any prior year or years under the hail insurance law that have not been paid.

(5) If at the end of any hail insurance season the board determines that more funds are accumulating from the current year's rates than were estimated when the rates were established and are in excess of the need for the payment of losses and expenses and maintenance of the reserve, the board may, at its discretion, refund the excess to the persons insured for the year on a pro rata or percentage basis.

(6) The board of hail insurance may direct the board of investments to invest funds from the enterprise fund pursuant to the provisions of the unified investment program for state funds. The income from the investments must be credited to the board of hail insurance account in the enterprise fund.
Mont. Code Ann. § 80-6-114 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-114
80-6-114 Hobbyist apiary site -- registrations
Status: in_force

80-6-114 . Hobbyist apiary site -- registrations. (1) The department may grant hobbyist apiary site registrations to hobbyist beekeepers under the following conditions:

(a) the applicant may not own a total of more than 10 hives, and all of the hives must be placed on the hobbyist apiary site;

(b) the applicant shall own the bees and the hives and shall personally manage and operate the bees and the hives; and

(c) only five hobbyist apiary site registrations are allowed for an applicant and only five hobbyist apiary site registrations are allowed for a family unit.

(2) A certificate of registration of a hobbyist apiary site may not be leased, assigned, or transferred. A person, other than the hobbyist apiary site registrant, may not exercise any rights or privileges, directly or indirectly, authorized by the certificate of registration.
Mont. Code Ann. § 80-6-113 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-113
80-6-113 Landowner apiary site registrations
Status: in_force

80-6-113 . Landowner apiary site registrations. (1) The department may grant landowner apiary site registrations under the following conditions:

(a) The applicant must be a landowner and must own the land upon which the apiary site will be located.

(b) The applicant must own the bees and the hives that will be placed on the apiary site.

(c) The bees and the hives must be personally managed and operated by the applicant.

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

(3) The department shall attempt to notify any general apiarist with registered apiary sites located within 3 miles of a proposed landowner apiary site of the potential location of the landowner apiary site.

(4) When a landowner apiary business changes to a general apiary business, the landowner apiary sites established and registered with the department as landowner apiary sites under the department's rules in effect prior to July 1, 2009, remain valid regardless of location with regard to other apiary sites, including general apiary sites within 3 miles, as long as the registration of the landowner apiary sites has not been forfeited or abandoned pursuant to 80-6-102 or 80-6-104 .
Mont. Code Ann. § 80-8-108 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-108
80-8-108 Advisory council
Status: in_force

80-8-108 . Advisory council. (1) (a) The director of agriculture may appoint an advisory council to study and make recommendations on special pesticide problems in the state. The council consists of individuals representing, equally, the controlled industry, agriculture, health, and wildlife.

(b) Governmental personnel, university personnel not included, may not be represented on the council. Governmental personnel shall meet with the council in an advisory capacity when requested by the council.

(c) The council may not exceed 12 members.

(d) The director of agriculture shall establish the time period in which the council shall exist. The time period may not exceed 2 years.

(2) The department of agriculture shall provide the necessary administrative, secretarial, and other essential support to the council.

(3) Each member of the council is entitled to compensation as provided in 2-15-122 for each day spent in the performance of duties and must be reimbursed for travel expenses as provided in 2-18-501 through 2-18-503 .

(4) The council may request that the department hold a public hearing to assist it in gathering factual data and information on the special problems assigned it.
Mont. Code Ann. § 80-11-303 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-303
80-11-303 Definitions
Status: repealed

80-11-303 . (Temporary) Definitions. As used in this part the following definitions apply:

(1) "Committee" means the Montana alfalfa seed committee established in 2-15-3004 .

(2) "Dealer" means any person, partnership, association, corporation, cooperative, or other business unit or device that first handles, packs, ships, buys, and sells alfalfa seed or that acts as sales or purchasing agent, broker, or factor of alfalfa seed.

(3) "Grower" means any landowner personally engaged in growing alfalfa seed, a tenant personally engaged in growing alfalfa seed, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices, and arrangements that grow alfalfa seed or are engaged in the pollination of alfalfa seed.

(4) "Handled in the primary channels of trade" means the time when any alfalfa seed is delivered under a sales contract, sold, or delivered for shipment and sale. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-11-224 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-224
80-11-224 Determination of amount and allocation of assessment
Status: in_force

80-11-224 . Determination of amount and allocation of assessment. (1) The committee shall set the amount of the assessment each year in accordance with 80-11-206 .

(2) Money deposited in the wheat and barley account pursuant to 80-11-210 is available for appropriation to the committee for purposes of carrying out research and marketing under this part.

(3) The committee may be assessed costs by the department for the services it provides upon request or pursuant to 2-15-121 . However, the costs charged must have a substantial relationship to the cost of services supplied.
Mont. Code Ann. § 80-9-206 — MT Code / Title 80 / Chapter 9 / Part 2 / Section 80-9-206
80-9-206 Inspection fees -- filing of annual statement
Status: in_force

80-9-206 . Inspection fees -- filing of annual statement. (1) An inspection fee must be paid on all commercial feeds, including customer formula feeds, except pet foods, specialty pet foods, and pet treats, distributed in this state as follows:

(a) (i) For commercial feed distributed into this state, the supplier has primary responsibility for paying inspection fees. However, the manufacturer is responsible for inspection fees if the supplier has not paid them.

(ii) For commercial feed distributed in this state, the manufacturer or guarantor are responsible for paying inspection fees.

(b) Except as otherwise provided in this subsection (1)(b), the inspection fee is 18 cents a ton. Inspection fees must be paid on each commercial feed, including customer formula feeds and feed ingredients that are defined as commercial feeds even though they are used in the manufacture of other commercial feeds. However, premixes prepared and used within a feed plant or transferred from one plant to another within the same organization are exempt. The department may by rule adjust the inspection fee to maintain adequate funding for the administration of this part. The fee may not be less than 18 cents a ton or more than 25 cents a ton.

(c) A person producing a commercial feed with a feed mixing plant at a feed lot or a poultry, swine, or dairy operation may not be required to pay inspection fees on the commercial feeds produced and used in the feeding operation at the site but is responsible for inspection fees on any commercial feed that person produces and distributes other than in that person's feeding operations at the site.

(d) Fees must be paid only if they total more than $5 in an annual reporting period.

(2) Each in-state guarantor or manufacturer who distributes commercial feed in this state and each supplier who distributes commercial feed into this state shall:

(a) file, not later than January 31 of each year, an annual statement setting forth the number of tons of commercial feeds distributed in this state during the preceding calendar year and, upon filing the statement, shall pay the inspection fee. Inspection fees that have not been remitted to the department on or before January 31 have a penalty fee of 10% or a minimum of $25, whichever is more, added to the amount due. The assessment of this penalty fee does not prevent the department from taking other action as provided in this chapter.

(b) keep those records that are necessary or are required by the department to indicate accurately the tonnage of commercial feed distributed in this state. The department may examine the records to verify statements of tonnage.

(c) make accurate and prompt reports as required. Failure to do so is sufficient cause for the department to cancel or refuse to reissue a license.

(3) A pet food or specialty pet food manufacturer, guarantor, or supplier or other person distributing pet food or specialty pet food is exempt from the reporting requirements of subsection (2).
Mont. Code Ann. § 80-8-305 — MT Code / Title 80 / Chapter 8 / Part 3 / Section 80-8-305
80-8-305 General violations -- compliance orders
Status: in_force

80-8-305 . General violations -- compliance orders. (1) Consistent with the provisions of Title 80, chapter 15, it is unlawful for a person:

(a) to discard any pesticide or pesticide container in a manner that causes injury to humans, domestic animals, or wildlife or that pollutes any waterway in a way harmful to any wildlife in the waterway or to the environment;

(b) to handle, transport, store, display, or distribute pesticides or pesticide containers in a manner that endangers humans or the environment or that endangers food or any other products that may be transported, stored, displayed, or distributed with the pesticides;

(c) to handle, apply, or attempt to apply any registered pesticide for which the person does not have an appropriate, complete, or legible label at hand;

(d) to apply or attempt to apply any registered pesticide in a manner that is inconsistent with the labeling, as defined in 80-8-102 ; or

(e) to use any unregistered chemical or biological agent that is required to be registered as a pesticide by the Montana Pesticides Act.

(2) It is unlawful for a person to manufacture, formulate, or store any registered pesticide or a component or byproduct of a registered pesticide in a manner that the pesticide, component, or byproduct cannot be contained or confined within the boundaries of the lands owned by or under the appropriate control of the person involved. The containment or confinement of odor is exempted from the provisions of this subsection.

(3) (a) The department may issue a compliance order to a person violating the provisions of 80-8-211 , the provisions of this section, or any other requirement established pursuant to this chapter. The compliance order may be issued to any person, including the person's employees, agents, or subcontractors.

(b) The provisions of this subsection (3) are not intended to void or affect indemnity or liability agreements between the person who owns, leases, or has possession or control of the site and the person who sold the site, who is the lessor, or who has relinquished possession or control of the site.

(4) A compliance order may require the cleanup of any pesticide that a person has accidentally or purposely dumped, spilled, misused, or unlawfully used in violation of this section. The department shall allow the recipient of a compliance order to spread, treat, or dispose of soils contaminated by a pesticide if the person can document and prove to the satisfaction of the department that the soil will be beneficially used or that the pesticide in the soil will physically, chemically, or biologically degrade and that neither the beneficial use of the soil nor the degradation of the pesticide in the soil will adversely affect agriculture, human health, or the environment. Prior to issuing a compliance order requiring cleanup of a pesticide, the department shall consult with the department of environmental quality to ensure that the provisions of Title 75, chapter 10, part 4, are considered. If a pesticide or soil contaminated by a pesticide is subject to the provisions of Title 75, chapter 10, part 4, and there is no beneficial use of the soil as determined by the department, the department of environmental quality is responsible for regulating the cleanup and disposal of the pesticide and the soil contaminated by the pesticide. The department may not allow a person to spread, treat, or dispose of soils contaminated by a canceled or suspended pesticide without the specific approval of the department of environmental quality or the U.S. environmental protection agency, or both, as required on a case-by-case basis.

(5) When issuing a compliance order, the department may require a person who has violated a provision of this chapter to conduct monitoring to assist in determining the presence or level of concentration of pesticides in the environment and the effectiveness of cleanup efforts. The department shall specify criteria in the compliance order for determining the duration of monitoring.

(6) A compliance order must specify the requirement of this chapter that has been violated and establish a time schedule for compliance. In establishing a time schedule for compliance, the department shall take into account the seriousness of the violation and any good faith efforts that the person has made to comply with the requirement that has been violated. A compliance order issued under this section must be served either by a person qualified to perform service under the Montana Rules of Civil Procedure or by certified mail.
Mont. Code Ann. § 80-7-107 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-107
80-7-107 Grounds for refusal or revocation of license
Status: in_force

80-7-107 . Grounds for refusal or revocation of license. The department, in accordance with Title 2, chapter 4, may refuse to issue a license or it may revoke a license under this part when:

(1) the firm has been adjudged bankrupt, insolvent, or guilty of fraud or deceit by a court of competent jurisdiction; or

(2) a verified complaint is made to the department that a licensee has failed to comply with this part.
Mont. Code Ann. § 80-8-121 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-121
80-8-121 Penalty
Status: in_force

80-8-121 . Penalty. A person who violates a notification ordinance adopted pursuant to 80-8-120 :

(1) is subject to a written warning for the first violation;

(2) is guilty of a misdemeanor and upon conviction may be fined not more than $50 for the second violation; and

(3) is guilty of a misdemeanor and upon conviction may be fined not more than $500 for a third or subsequent conviction.
Mont. Code Ann. § 80-1-104 — MT Code / Title 80 / Chapter 1 / Part 1 / Section 80-1-104
80-1-104 Analytical laboratory services -- rulemaking authority -- deposit of fees
Status: in_force

80-1-104 . Analytical laboratory services -- rulemaking authority -- deposit of fees. (1) The department is authorized to provide analytical laboratory services for:

(a) programs it operates under this title;

(b) other state or federal agencies;

(c) the department of revenue for the purposes of Title 16, chapter 12, as allowed by federal law; and

(d) private parties.

(2) The department may enter into a contract or a memorandum of understanding for the space and equipment necessary for operation of the analytical laboratory.

(3) (a) The department may adopt rules establishing fees for testing services required under this title or provided to another state agency, a federal agency, or a private party.

(b) Money collected from the fees must be deposited in the appropriate related account in the state special revenue fund to the credit of the department to pay costs related to analytical laboratory services provided pursuant to this section.
Mont. Code Ann. § 80-15-106 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-106
80-15-106 Educational programs
Status: in_force

80-15-106 . Educational programs. (1) The department, in cooperation with the Montana state university-Bozeman extension service, shall develop and conduct appropriate educational programs to promote the policy specified in 80-15-103 . The department and the Montana state university-Bozeman extension service may charge a fee for the educational programs, commensurate with the costs of program development and administration.

(2) All fees collected by the department pursuant to this section must be deposited in the state special revenue fund. The department may spend the funds for the purposes set forth in this section.

(3) All fees collected by the Montana state university-Bozeman extension service must be deposited in a special account identified for this purpose. The extension service may spend the funds for the purposes set forth in this section.
Mont. Code Ann. § 80-15-105 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-105
80-15-105 Rulemaking
Status: in_force

80-15-105 . Rulemaking. (1) The department of environmental quality, subject to the provisions of 80-15-110 , shall adopt rules for the administration of this chapter for which the department of environmental quality has responsibility. These rules must include but are not limited to:

(a) standards and interim numerical standards for agricultural chemicals in ground water as authorized by 80-15-201 ;

(b) procedures for ground water monitoring as authorized by 80-15-202 and 80-15-203 ;

(c) field and laboratory operational quality assurance, quality control, and confirmatory procedures that are authorized by 80-15-107 , 80-15-202 , and 80-15-203 and that may include, through adoption by reference, procedures that have been established or approved by EPA for quality assurance and quality control;

(d) standards for maintaining the confidentiality of data and information declared confidential by EPA and the confidentiality of chemical registrant data and information protected from disclosure by federal or state law as required by 80-15-108 ; and

(e) administrative civil penalties as authorized by 80-15-412 .

(2) The department shall adopt rules necessary to carry out its responsibilities under this chapter. These rules must include but are not limited to:

(a) procedures for ground water monitoring as authorized by 80-15-202 and 80-15-203 ;

(b) the content and procedures for development of agricultural chemical ground water management plans, including the content of best management practices and best management plans, procedures for obtaining comments from the department of environmental quality on the plans, and the adoption of completed plans and plan modifications as authorized by 80-15-211 through 80-15-218 ;

(c) standards for maintaining the confidentiality of data and information declared confidential by EPA and of chemical registrant data and information protected from disclosure by federal or state law as required by 80-15-108 ;

(d) field and laboratory operational quality assurance, quality control, and confirmatory procedures that are authorized by 80-15-107 , 80-15-202 , and 80-15-203 and that may include, through adoption by reference, procedures that have been established or approved by EPA for quality assurance and quality control;

(e) emergency procedures as authorized by 80-15-405 ;

(f) procedures for issuance of compliance orders as authorized by 80-15-403 ; and

(g) procedures for the assessment of administrative civil penalties as authorized by 80-15-412 .
Mont. Code Ann. § 80-18-103 — MT Code / Title 80 / Chapter 18 / Part 1 / Section 80-18-103
80-18-103 Hemp -- licensing
Status: in_force

80-18-103 . Hemp -- licensing. (1) An individual growing hemp or selling propagatable hemp or hemp seeds shall apply to the department for a license on a form prescribed by the department.

(2) The application for a license must include the name and address of the applicant and the legal description of the land area to be used for the production of hemp and any additional information required by rule.

(3) The licensing requirements of this part do not apply to employees of the agricultural experiment station or the Montana state university-Bozeman extension service involved in research and extension-related activities.
Mont. Code Ann. § 80-10-105 — MT Code / Title 80 / Chapter 10 / Part 1 / Section 80-10-105
80-10-105 Educational and experimental programs
Status: in_force

80-10-105 . Educational and experimental programs. (1) The moneys provided by 80-10-103 shall be used for comprehensive statewide educational and experimental programs aimed at optimum use of fertilizers for feed and food production.

(2) Major goals are to improve Montana's economy by providing farmers and ranchers the most accurate information possible about fertilizer use and soil management for greatest profits consistent with environmental protection on the many varied soil and climatic conditions of the state.
Mont. Code Ann. § 80-2-205 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-205
80-2-205 What crops subject to provisions of law
Status: in_force

80-2-205 . What crops subject to provisions of law. The crops grown on the lands of all persons who elect to become subject to this part must be insured under the provisions of this part for the acreage and the kind of crop for which fees for hail insurance have been imposed. The insurance must be provided for, determined, and adjusted and paid for as provided by this part.
Mont. Code Ann. § 80-20-102 — MT Code / Title 80 / Chapter 20 / Part 1 / Section 80-20-102
80-20-102 Definitions
Status: in_force

80-20-102 . Definitions. As used in this part, the following definitions apply:

(1) "Consent" means agreement in fact, whether express or apparent.

(2) "Crop" means a product grown, developed, or raised for purposes including but not limited to human or animal consumption, research, industrial use, commercial use, or pharmacological use.

(3) "Deprive" means to:

(a) withhold a crop or other property from the owner permanently or for such a period of time that a major portion of the value or enjoyment of the crop or property is lost to the owner;

(b) restore the crop or other property only upon payment of reward or other compensation; or

(c) dispose of a crop or other property in a manner that makes recovery of the crop or property by the owner unlikely.

(4) "Effective consent" means consent by the owner or by a person legally authorized to act for the owner. Consent is not effective if it is:

(a) induced by force or threat;

(b) given by a person who the person to whom it is given knows is not legally authorized to act for the owner; or

(c) given by a person who by reason of youth, mental disease or disorder, or being under the influence of drugs or alcohol is known by the person to whom it is given to be unable to make reasonable decisions.

(5) "Notice" means:

(a) oral or written communication by the owner or someone with apparent authority to act for the owner;

(b) fencing or other enclosure obviously designed to exclude intruders or to contain crops; or

(c) a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden.

(6) "Owner" means a person who has:

(a) title to the property; or

(b) lawful possession of the property.

(7) "Person" means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, or partnership; two or more persons having a joint or common interest; or some other legal entity.

(8) "Possession" means actual care, custody, control, or management.

(9) "Research facility" means a public or private place, laboratory, institution, medical care facility, elementary school, high school, college, or university at which a scientific test, experiment, or investigation involving the use of a crop is lawfully carried out, conducted, or attempted.
Mont. Code Ann. § 80-7-814 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-814
80-7-814 Administration and expenditure of funds
Status: in_force

80-7-814 . Administration and expenditure of funds. (1) The provisions of this section constitute the noxious weed management program.

(2) (a) Except as provided in subsection (2)(b), money deposited in the noxious weed management trust fund may not be committed or expended until the principal reaches $10 million.

(b) In the case of a noxious weed emergency, as provided in 80-7-815 , a vote of three-fourths of the members of each house of the legislature may appropriate principal from the trust fund.

(c) Interest or revenue generated by the trust fund, excluding unrealized gains and losses, must be deposited in the noxious weed management special revenue fund and may be expended for noxious weed management projects before the principal of the noxious weed management trust reaches $10 million with a majority vote of each house of the legislature.

(d) Any grant funds, regardless of the time at which the grant was awarded, that are not fully expended upon termination of the contract or an extension of the contract, not to exceed 1 year, must revert to the department. The department shall use any reverted funds for future grant awards, provided the noxious weed management trust fund principal exceeds $10 million as provided in subsection (2)(a).

(e) The department may not apply for or receive grant awards from the noxious weed management special revenue fund.

(3) The principal of the noxious weed management trust fund in excess of $10 million may be appropriated by a majority vote of each house of the legislature. Appropriations of the principal in excess of $10 million may be used only to fund the noxious weed management program.

(4) The department may expend funds under this section through grants or contracts to communities, weed management districts, or other entities that it considers appropriate for noxious weed management projects. A project is eligible to receive funds only if the county in which the project occurs has funded its own weed management program using one of the following methods, whichever is less:

(a) levying an amount of not less than 1.6 mills or an equivalent amount from another source; or

(b) appropriating an amount of not less than $100,000 from any source.

(5) The department may expend funds without the restrictions specified in subsection (4) for the following:

(a) employment of a new and innovative noxious weed management project or the development, implementation, or demonstration of any noxious weed management project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. The expenditures must be on a cost-share basis with the organizations.

(b) cost-share noxious weed management programs with local weed management districts;

(c) special grants to local weed management districts to eradicate or contain significant noxious weeds newly introduced into the county. These grants may be issued without matching funds from the district.

(d) costs incurred by the department for administering the noxious weed management program as follows:

(i) In fiscal year 2014, the funds used by the department for administering the program, including but not limited to personal services costs, operating costs, and other administrative and program costs attributable to the program, may not exceed 16% of the total amount expended through grants and contracts made under subsection (4). No additional administrative or other costs may be taken by the department on reverted funds used for future grant awards.

(ii) In fiscal year 2015 and in each succeeding fiscal year, the funds used by the department for administering the program, including but not limited to personal services costs, operating costs, and other administrative and program costs attributable to the program, may not exceed 12% of the total amount of grants and contracts awarded from the noxious weed management special revenue fund under subsection (4) in the previous fiscal year. No additional administrative or other costs may be taken by the department on reverted funds used for future grant awards.

(e) administrative expenses incurred by the noxious weed management advisory council;

(f) a project recommended by the noxious weed management advisory council, if the department determines that the project will significantly contribute to the management of noxious weeds within the state; and

(g) grants to the agricultural experiment station and the cooperative extension service for crop weed management research, evaluation, and education.

(6) The agricultural experiment station and cooperative extension service shall submit annual reports on current projects and future plans to the noxious weed management advisory council.

(7) In making expenditures under subsections (3) through (5), the department shall give preference to weed management districts and community groups.

(8) If the noxious weed management trust fund is terminated by constitutional amendment, the money in the fund must be divided between all counties according to rules adopted by the department for that purpose.
Mont. Code Ann. § 80-15-401 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-401
80-15-401 Authority to investigate and inspect
Status: in_force

80-15-401 . Authority to investigate and inspect. Authorized representatives of the department, consistent with the responsibilities set forth in this chapter and upon presentation of department-issued credentials, may at reasonable times or under emergency conditions enter upon any public or private property to:

(1) investigate conditions relating to compliance with agricultural chemical labels, agricultural chemical ground water management plans, monitoring requirements, or ground water protection requirements and to investigate violations of plans or compliance orders;

(2) gain access to and copy any records required by the department in the administration of this chapter;

(3) establish and inspect monitoring equipment; and

(4) sample ground water, including drinking water supply sources such as wells and similar structures.
Mont. Code Ann. § 80-5-133 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-133
80-5-133 Inspection
Status: in_force

80-5-133 . Inspection. Consistent with the responsibilities of this chapter, authorized representatives of the department, upon presentation of department-issued credentials, may enter, at reasonable times or under emergency conditions, any public or private premises, including any vehicle of transport. The department may inspect or investigate, obtain samples, examine seeds and labels, inspect equipment, and review and copy records relating to distribution of seed or licensing requirements in Montana. Upon request, the department shall pay the current market value for each seed sample.
Mont. Code Ann. § 80-11-212 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-212
80-11-212 Terminated
Status: in_force

80-11-212 . Terminated. Sec. 6, Ch. 630, L. 1983.
Mont. Code Ann. § 80-8-112 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-112
80-8-112 Deposit of waste pesticide and pesticide container collection, disposal, and recycling fees
Status: in_force

80-8-112 . Deposit of waste pesticide and pesticide container collection, disposal, and recycling fees. (1) All license, permit, and special fees paid to the department to fund the waste pesticide and pesticide container collection, disposal, and recycling program and any grants or gifts accepted by the department pursuant to 80-8-111 (1) must be deposited in an account in the state special revenue fund.

(2) Money in the account must be used by the department to administer the waste pesticide and pesticide container collection, disposal, and recycling program provided for in 80-8-111 . Unencumbered and unexpended money remaining in the account at the end of the fiscal year may not lapse but must be carried forward for the purposes of this subsection until appropriated by subsequent legislative action.
Mont. Code Ann. § 80-9-101 — MT Code / Title 80 / Chapter 9 / Part 1 / Section 80-9-101
80-9-101 Definitions
Status: in_force

80-9-101 . (Subsection (3)(b)(ii) effective on occurrence of contingency) Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "AOAC international" means the association of official analytical chemists.

(2) "Brand name" means any word, name, symbol, or device or any combination of them identifying the commercial feed of a licensee or registrant and distinguishing it from that of others.

(3) (a) "Commercial feed" means all materials or combinations of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless the materials are specifically excluded by law.

(b) The term includes the addition of hemp or a substance derived from hemp for use as feed or for mixing in feed for:

(i) a pet, specialty pet, or horse; or

(ii) for other livestock.

(c) The term does not include unmixed whole seeds and physically altered entire unmixed seeds when those seeds are not chemically changed or adulterated within the meaning of 80-9-204 . The department may by rule exclude from this definition or from specific provisions of this chapter commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when those commodities, compounds, or substances are not intermixed with other materials and are not adulterated within the meaning of 80-9-204 .

(4) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract under which the commercial feed is supplied, furnished, or otherwise provided to that person and under which that person's remuneration is determined completely or in part by feed consumption, mortality, profits, or amount or quality of product.

(5) "Customer formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

(6) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed or to supply, furnish, or otherwise provide commercial feed to a contract feeder.

(7) "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals, other than humans, and articles other than feed intended to affect the structure or function of the animal body.

(8) "Facility" means something that is built, installed, or established to serve a particular purpose.

(9) "Feed ingredient" means each of the constituent materials making up a commercial feed or a noncommercial feed.

(10) "Guarantor" means a person whose name and principal mailing address appear on the label and who guarantees the information contained on the label as required by 80-9-202 . The person may or may not also be the manufacturer.

(11) "Hemp" means all parts and varieties of the plant Cannabis sativa L. containing no greater than 0.3% tetrahydrocannabinol.

(12) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed.

(13) "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed, any of its containers, or its wrapper or accompanying the commercial feed.

(14) "Manufacture" means to grind, mix, blend, or further process a commercial feed.

(15) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(16) (a) "Noncommercial feed" means all materials or combinations of materials that are used as feed or for mixing in feed and that are not intended for distribution, unless the materials are specifically excluded by law.

(b) The term does not include unmixed whole seeds and physically altered entire unmixed seeds when those seeds are not chemically changed or adulterated within the meaning of 80-9-204 . The department may by rule exclude from this definition or from specific provisions of this chapter commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when those commodities, compounds, or substances are not intermixed with other materials and are not adulterated within the meaning of 80-9-204 .

(17) "Official sample" means a sample of feed taken by the department in accordance with the provisions of 80-9-301 .

(18) "Percent" or "percentage" means percentage by weights.

(19) "Person" means an individual, partnership, corporation, or association.

(20) "Pet" means any domesticated animal normally maintained in or near the household of its owner.

(21) "Pet food" means any commercial feed prepared and distributed for consumption by pets.

(22) (a) "Pet treat" means any commercial feed intended for pets and specialty pets that is not intended to provide complete and balanced nutrition and is fed intermittently for training, reward, enjoyment, or other purposes. Pet treats are classified as a type of pet food and specialty pet food by the department.

(b) A pet treat intended for a cat or a dog that is manufactured in this state and does not contain any medication or drug or meat, poultry, fish, or their byproduct as an ingredient qualifies for certain licensing exemptions and limited labeling and registration requirements under this chapter.

(23) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use.

(24) "Quantity statement" means the net weight or mass; net volume, either liquid or dry; or count.

(25) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, including but not limited to gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles.

(26) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.

(27) "Supplier" means a person who distributes commercial feed into Montana.

(28) "Ton" means a net weight of 2,000 pounds avoirdupois.
Mont. Code Ann. § 80-7-908 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-908
80-7-908 Deposit and disbursement of funds -- records -- investment
Status: in_force

80-7-908 . Deposit and disbursement of funds -- records -- investment. (1) There is a state noxious weed forage account in the state special revenue account. All funds received by the department from fees or penalties collected or received under 80-7-905 through 80-7-907 , 80-7-921 , and 80-7-922 (1) and all other related funds received must be deposited in the state noxious weed forage account.

(2) The department may by contract allow for the collection of fees authorized under 80-7-907 . A portion of the fees collected may be retained by the collector, and the portion of the fees assigned to the department must be submitted to the department. The contract must require:

(a) a record of the name of the person collecting fees;

(b) a record of fees collected;

(c) a record of the amounts submitted to the department;

(d) a record of the amount retained by the collector; and

(e) that all records be kept in accordance with generally accepted accounting principles.

(3) Funds received under 80-7-905 through 80-7-907 , 80-7-921 , and 80-7-922 (1) that are not immediately required for the purposes of this part must be invested under provisions of the unified investment program established in Title 17, chapter 6, part 2. The income from the investments must be deposited in the state special revenue fund and credited to the department.

(4) Funds received pursuant to this part are available for appropriation to the department for the administration of the noxious weed seed free forage program and for the purposes of this part.
Mont. Code Ann. § 80-2-227 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-227
80-2-227 Hail insurance secured by crop lien only
Status: in_force

80-2-227 . Hail insurance secured by crop lien only. When any hail insurance issued under this part is secured by a crop lien only, the crop lien is a first lien on the insured crop, except for any crop lien that may have been given to secure the purchase price for the seed that was bought and used to plant and produce the insured crop.
Mont. Code Ann. § 80-6-1102 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1102
80-6-1102 Definitions
Status: in_force

80-6-1102 . (Temporary) Definitions. As used in this part, the following definitions apply:

(1) "Bee" means any stage in the life cycle of a bee of the species Megachile rotundata (F), commonly known as the alfalfa leaf-cutting bee.

(2) "Certification" means the process of analyzing bees and equipment by the committee to determine whether they meet required standards.

(3) "Chalkbrood" means a fungal disease that attacks larvae of the alfalfa leaf-cutting bee.

(4) "Committee" means the Montana alfalfa seed committee established in 2-15-3004 .

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

(6) "Equipment" means shelters, trays, incubators, cell removers, tumblers, and other apparatus, except nesting materials, used in rearing bees.

(7) "Nest destroyer" means any organism that competes with the bee larvae for nest provisions.

(8) "Nesting materials" means laminates, drilled boards, and other apparatus used in nesting bees.

(9) "Parasite" means an organism living in or on any stage of the alfalfa leaf-cutting bee obtaining nutriment from the body of the bee.

(10) "Pathogen" means an organism that causes disease in the alfalfa leaf-cutting bee.

(11) "Person" means an individual, association, partnership, or corporation.

(12) "Predator" means any organism or insect that preys on, devours, or destroys bees or nests.

(13) "Wild trap" means to intentionally trap bees on property not owned or leased by the trapper.
Mont. Code Ann. § 80-7-1011 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1011
80-7-1011 Check stations
Status: in_force

80-7-1011 . Check stations. (1) The departments shall establish a check station within or adjacent to an invasive species management area to prevent the introduction, importation, infestation, and spread of the invasive species for which the designation was issued.

(2) At a check station established under subsection (1), the departments may examine vessels and equipment for the presence of an invasive species and compliance with regulations imposed under 80-7-1008 (3)(b) and with this section. Examination of any interior portion of a vessel or equipment that may contain water, including bilges, livewells, and bait containers, for compliance may occur only if inspection of interior portions is included as part of quarantine measures established pursuant to 80-7-1008 (3)(b)(i).

(3) The owner, operator, or person in possession of a vessel or equipment shall stop at any check station unless a medical emergency makes stopping likely to result in death or serious bodily injury.

(4) If during an inspection of a vessel or equipment the presence of an invasive species is detected, that vessel or equipment may not leave the check station without authorization until it is cleaned and decontaminated in a manner established in accordance with 80-7-1008 (3)(b). Every effort must be made to ensure decontamination of the vessel or equipment as expeditiously as possible.
Mont. Code Ann. § 80-14-203 — MT Code / Title 80 / Chapter 14 / Part 2 / Section 80-14-203
80-14-203 Terminated
Status: in_force

80-14-203 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-11-305 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-305
80-11-305 Compensation -- per diem
Status: repealed

80-11-305 . (Temporary) Compensation -- per diem. Each committee member is entitled to compensation as provided in 2-15-122 for each day that the member is engaged in the transaction of official business and must be reimbursed for travel expenses as provided in 2-18-501 through 2-18-503 . (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-7-713 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-713
80-7-713 Reports
Status: in_force

80-7-713 . Reports. The department may prepare a biennial report on the status of noxious plants and their management in Montana. Reports may be submitted to the governor, to the legislature as provided in 5-11-210 , and to other such groups and organizations as the department considers necessary.
Mont. Code Ann. § 80-7-811 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-811
80-7-811 Noxious weed management trust fund
Status: in_force

80-7-811 . Noxious weed management trust fund. (1) As required by Article IX, section 6, of the Montana constitution, there is a noxious weed management trust fund of $10 million. The department shall administer the trust fund in accordance with this part.

(2) Deposits to the principal of the noxious weed management trust fund may include but are not limited to:

(a) federal contributions;

(b) private donations; and

(c) state contributions.
Mont. Code Ann. § 80-11-1003 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1003
80-11-1003 Powers of committee -- administrative costs
Status: in_force

80-11-1003 . Powers of committee -- administrative costs. (1) The committee:

(a) may plan and conduct a research program to improve the quality of pulse crops, develop and improve control measures for disease and pests that attack pulse crops, and disseminate information among the growers and dealers of the state;

(b) may plan and conduct a publicity and sales promotion campaign to increase the sale and use of Montana pulse crops;

(c) may cooperate with a local, state, or national organization or agency, whether voluntary or created by the law of a state or the United States government, engaged in similar work or activities to carry out a joint campaign of research, education, product protection, publicity, and reciprocal enforcement of the objectives of this part;

(d) may enter into contracts and other agreements to carry out the purposes of this section;

(e) shall have final authority on the use and distribution of money from the pulse crop special revenue account provided for in 80-11-1006 ;

(f) may provide, through the department, for the administration and enforcement of this part;

(g) may recommend rules and orders to be adopted for the exercise of its powers and the performance of its duties, in accordance with the Montana Administrative Procedure Act;

(h) may authorize the purchase of office equipment or supplies and incur all other reasonable and necessary expenses and obligations required to carry out the provisions of this part;

(i) may become a member of and purchase membership in trade organizations and subscribe to and purchase trade bulletins, journals, and other trade publications; and

(j) may, in cooperation with the director of the department, establish and maintain the executive offices of the committee at any location in the state. The location may be changed at the discretion of the director and the committee.

(2) Funds used by the department for administering the program, including but not limited to personal service costs, operating costs, office and office equipment costs, and other administrative costs attributable to the program, may not exceed 8% of the total amount of grants and contracts awarded from the pulse crop account provided for in 80-11-1006 in the previous fiscal year.
Mont. Code Ann. § 80-4-526 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-526
80-4-526 Warehouse receipts -- written terms
Status: in_force

80-4-526 . Warehouse receipts -- written terms. (1) Warehouse receipts under this part must contain in written terms:

(a) a statement that the warehouse is operated under a license issued by the department;

(b) a statement showing whether it is an original, duplicate, triplicate, or other copy;

(c) a statement showing the name of the warehouse;

(d) a statement showing the name of the city or town where the warehouse is located;

(e) the date the warehouse receipt is issued;

(f) the number of the warehouse receipt. All receipts must be numbered consecutively.

(g) a statement that the grain is "received in store" from the person named;

(h) a statement of gross weight, dockage, and net weight and the sample report used for grade and protein analysis;

(i) a statement of encumbrances, such as cash or other advances;

(j) a statement that, upon the return of the receipt properly endorsed by the person to whom the order was issued and the payment of the proper charges for storing and handling, delivery will be made in accordance with this part;

(k) a statement that the grain is properly insured for the benefit of the owner; and

(l) the name of the manager or agent of the warehouse.

(2) The face of the warehouse receipt may also provide for other statements, such as:

(a) the scale weight ticket numbers or the assembly sheet number;

(b) the grade; and

(c) the protein certificate used.

(3) The back of the warehouse receipt may include printed statements, such as:

(a) delivery provisions;

(b) actual-delivery-of-grain provisions;

(c) bailment provisions provided for in Title 30, chapter 7, part 2, that do not conflict with this part;

(d) act-of-God provisions;

(e) nonnegotiable provisions; and

(f) endorsements and other statements pertinent to bookkeeping data whenever the statements do not conflict with any state or federal law pertaining to public warehousing or the grading or testing of grain.

(4) A copy of the warehouse receipt issued by the warehouse operator must accompany each application for a warehouse operator's license.
Mont. Code Ann. § 80-10-203 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-203
80-10-203 Fertilizer to be uniform
Status: in_force

80-10-203 . Fertilizer to be uniform. (1) The plant nutrient content of every brand and grade of commercial fertilizer shall remain uniform for the period of registration.

(2) The manufacturer or licensee shall at all times deliver a uniform grade of fertilizer or soil amendment. When two or more fertilizers are delivered in the same load, they shall be thoroughly and uniformly mixed unless they are in separate compartments.
Mont. Code Ann. § 80-4-536 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-536
80-4-536 Termination of storage contract -- sale of agricultural commodities for charges -- notice required
Status: in_force

80-4-536 . Termination of storage contract -- sale of agricultural commodities for charges -- notice required. (1) Storage of agricultural commodities may be terminated by the depositor at any time by the payment or tender of all legal charges and the surrender of the warehouse receipt, together with a demand for delivery of the agricultural commodities or a notice to the warehouse operator to sell the commodities.

(2) In the absence of a demand for delivery, order to sell, or mutual agreement for the renewal of the storage contract entered into prior to the expiration of the storage contract, the warehouse operator may, upon the expiration of the storage contract, sell so much of the stored agricultural commodities at the local market price at the close of business on that day as is sufficient to pay the accrued storage charges. The warehouse operator shall then issue new warehouse receipts for the balance of the agricultural commodity to the depositor upon the depositor's surrender of the original warehouse receipts. If the warehouse receipt is not returned, the warehouse operator may apply for an encumbrance to the grain settlement records for outstanding storage in lieu of reissuance of the warehouse receipt subject to the provisions of subsection (3). The warehouse operator shall notify all warehouse receipt holders who are subject to the provisions of subsection (3) of the provisions of this section 30 days prior to the end of the license year.

(3) All storage contracts on agricultural commodities evidenced by a warehouse receipt must be terminated within 3 license years. The termination date for those storage contracts must be calculated by considering the license year during which the contract was issued as the first license year, plus 2 additional license years, for a total of 3 license years.
Mont. Code Ann. § 80-2-105 — MT Code / Title 80 / Chapter 2 / Part 1 / Section 80-2-105
80-2-105 United States and secretary of agriculture free from liability
Status: in_force

80-2-105 . United States and secretary of agriculture free from liability. The United States and the secretary of agriculture are free from liability by virtue of the transfer of the assets to the department under this part.
Mont. Code Ann. § 80-11-207 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-207
80-11-207 Delivery of invoice -- form -- filing of sworn statement -- payment of assessment -- refund
Status: in_force

80-11-207 . Delivery of invoice -- form -- filing of sworn statement -- payment of assessment -- refund. (1) The purchaser of the wheat or barley at the time of sale or the pledgee, mortgagee, or other lender at the time of the loan or advance shall give separate invoices for each purchase, delivery, or storage charge to the seller or person delivering the wheat or barley or entering it into storage. The invoices must be on forms approved by the department and must show:

(a) the name and address of the seller or of the person delivering the wheat or barley or entering it into storage;

(b) the name and address of the purchaser or the lender;

(c) the number of bushels of wheat or hundredweights of barley sold, mortgaged, pledged, delivered, or stored;

(d) the date of the purchase, mortgage, pledge, delivery, or storage and the amount of assessment collected and remitted to the department.

(2) The purchaser, mortgagee, or pledgee shall file with the department, on forms prescribed by the department, within 20 days after the end of a month in which a purchaser purchases wheat or barley or in which a lender makes a loan or advance on wheat or barley, a sworn statement of the number of bushels of wheat or hundredweights of barley purchased in Montana, the number of bushels of wheat or hundredweights of barley mortgaged or pledged or otherwise transferred or liened as security for a loan during the preceding calendar month, or the number of bushels of wheat or hundredweights of barley delivered or stored. At the time the sworn statement is filed, the purchaser or lender shall pay to the department the assessment provided for in 80-11-206 for deposit in the wheat and barley account in the state special revenue fund.

(3) The statement referred to in subsections (1) and (2) must be legibly written and entirely free of any corrections or erasures. A person may not alter any part of a statement.

(4) After 30 days and before 90 days following the deduction of the assessment by the first purchaser or the first lender under 80-11-206 (2), the seller may, upon the submission of a written, verified request to the department, obtain a refund of the assessment. The request must be accompanied by the original invoices received by the seller at the time of settlement. The department shall keep complete records of all refunds made under the provisions of this section. Records of refunds may be destroyed 2 years after the refund is made. All original invoices must be returned to the seller with the refund payment.
Mont. Code Ann. § 80-6-102 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-102
80-6-102 Registration classes -- reregistration -- fees
Status: in_force

80-6-102 . Registration classes -- reregistration -- fees. (1) A person who owns or possesses an apiary in the state shall, before April 1 each year, reregister the apiary site. A person who owns or possesses any bees, hives, colonies, or beekeeping equipment in this state or who owns or possesses an apiary in this state and who fails or refuses to register or reregister as provided in this part is subject to a civil penalty as set forth in 80-6-303 .

(2) (a) Before a certificate of registration may be issued for an apiary site, the owner or applicant for a certificate shall pay a reregistration fee to the department. From July 1, 2019, to June 30, 2021, the department may not charge a hobbyist beekeeper an annual hobbyist apiary site registration or reregistration fee in excess of $19.

(b) The annual fee for reregistering an apiary site may not be less than $10 or more than $50. The department may adjust the fee by rule to maintain adequate funding for this part.

(c) If, after reregistration, additional or new apiary sites are authorized for a registered apiary, fees must be paid by the registrant in accordance with subsection (2)(b).

(d) A site reregistration not applied for by April 1 of each year is a delinquent reregistration and is subject to a penalty fee of 10% of the regular reregistration fee or $10, whichever is greater.

(3) (a) A registrant who fails to apply for reregistration by April 1 of each year must be notified of the delinquency by the department. Notification must be by certified mail, addressed to the registrant at the registrant's most recent address listed in the department's apiary registration files and is considered sufficient when deposited in a United States post office box or mail box on or before April 21.

(b) If a delinquent reregistration is not reregistered by June 1, the registration is forfeited and all rights under the registration are terminated. After June 1, apiary sites that have not been reregistered may be deleted from the registration database.

(4) There are four classes of apiary site registration. The conditions under which the department may issue certificates of registration for each class are specified in 80-6-111 through 80-6-114 .

(5) Registration application blanks must be furnished by the department. The applicant shall provide the following information:

(a) a statement of the applicant's name, telephone number, and mailing address;

(b) the location of the apiary site, specifically the nearest quarter section, section, township, and range or the GPS coordinates of the site;

(c) the name of the current owner, renter, or occupant of the land on which the apiary site is located;

(d) when the application is for a new apiary site being registered for the first time, the application must also show that the owner, renter, or occupant of the land has consented in writing to the apiary being located on that land;

(e) the class of apiary site registration for which application is being made; and

(f) other information that the department may require under rules adopted by it for the protection, safety, and welfare of the public and the beekeeping industry.

(6) Upon receipt of the application and payment of the fees prescribed, the department may issue certificates of registration for the apiary sites, setting forth the name of the owner, the specific locations, and the class of apiary sites authorized by the registration.

(7) In issuing certificates of registration for apiary sites, if there is a conflict between applicants with respect to location, the department shall give preference to the applicant having the oldest continuously registered apiary site.

(8) Suitable evidence of registration must be posted by the apiary registrant in a conspicuous place at or near the apiary site. If an owner has more than one apiary site, suitable evidence of registration must be posted at each apiary site. If the identity of hives cannot be determined, the apiary site may be quarantined by the department and all hives may be removed, destroyed, sold at public auction, or handled in another appropriate manner at the discretion of the department.

(9) A reregistration may not be granted pursuant to this section if a civil penalty due under 80-6-303 has not been paid.
Mont. Code Ann. § 80-8-116 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-116
80-8-116 Pesticide management account -- deposit of fees and penalties -- investment
Status: in_force

80-8-116 . Pesticide management account -- deposit of fees and penalties -- investment. (1) There is a pesticide management account within the state special revenue fund established in 17-2-102 .

(2) All licensing, permit, registration, and devices and blending plant fees collected under parts 1 and 2 of this chapter must be deposited in the pesticide management account for the purpose of administering this chapter, including but not limited to:

(a) the cost of equipment and facilities;

(b) the cost of inspecting, investigating, analyzing, and examining:

(i) pesticide products;

(ii) applicators, operators, and other users of pesticides;

(iii) dealers and retailers selling pesticides;

(iv) pesticide equipment, storage, disposal, and operational facilities; and

(c) related pest and pesticide activities authorized by Title 80, chapter 7, part 5, and 80-7-711 through 80-7-714 and 80-7-720 .

(3) The department may direct the board of investments to invest the funds collected under this section, pursuant to the provisions of 17-6-201 . The income from the investments must be credited to the pesticide management account within the state special revenue fund.
Mont. Code Ann. § 80-4-426 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-426
80-4-426 Duty to prosecute
Status: in_force

80-4-426 . Duty to prosecute. (1) A county attorney who has appropriate jurisdiction and to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecute without delay in a court of competent jurisdiction.

(2) In addition to or exclusive of the remedy in subsection (1), the department may seek a civil penalty for any violation of this part.
Mont. Code Ann. § 80-9-301 — MT Code / Title 80 / Chapter 9 / Part 3 / Section 80-9-301
80-9-301 Enforcement -- inspection -- notice -- sampling and analysis
Status: in_force

80-9-301 . Enforcement -- inspection -- notice -- sampling and analysis. (1) To enforce this chapter, the department upon presenting appropriate credentials may enter, at reasonable times or under emergency conditions, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, distributed, or held or enter any vehicle being used to transport or hold commercial feeds. The department may inspect at reasonable times and within reasonable limits and in reasonable manner any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling found in a factory, warehouse, establishment, or vehicle. The inspection may include the verification of only those records and production and control procedures necessary to determine compliance with the good manufacturing practice rules adopted under 80-9-204 (14).

(2) The department may enter premises to inspect, sample, and analyze noncommercial feeds and ingredients. The department shall provide at least 2 hours' notice prior to the inspection and must be accompanied by the owner or the owner's representative. However, the department's authority is limited to determining whether the feeds and ingredients are adulterated for commercial feed purposes as provided in 80-9-204 . The department may issue orders or condemn noncommercial feeds in the same manner as provided for commercial feeds in 80-9-302 .

(3) Each inspection must be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle must be notified of the completion.

(4) If the officer or employee making the inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the officer or employee shall give the owner, operator, or agent in charge a receipt describing the sample obtained.

(5) To enforce this chapter the department may enter upon any public or private premises, including any vehicle of transport, during regular business hours to obtain samples and examine records relating to distribution of commercial feeds.

(6) Sampling and analysis must be conducted in accordance with methods published by AOAC international or with other generally recognized methods.

(7) The results of all analyses of official samples must be forwarded by the department to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the department shall upon request within 30 days following receipt of the analysis furnish the registrant a portion of the official sample.

(8) The department, in determining for administrative purposes whether a commercial feed is deficient in any component, must be guided by the official sample obtained and analyzed as provided for in subsections (4) through (6).

(9) All official analyses must be performed cooperatively by the department and the agricultural experiment station at Montana state university-Bozeman. However, the department may arrange with other laboratories for specific analyses conducted as part of an official analysis.
Mont. Code Ann. § 80-10-503 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-503
80-10-503 Rulemaking authority and requirements
Status: in_force

80-10-503 . Rulemaking authority and requirements. (1) The department shall adopt rules for the design, construction, repair, alteration, location, installation, and operation of anhydrous ammonia facilities. The rules must be in substantial conformity with nationally recognized safety standards for the storage and handling of anhydrous ammonia. The rules must require the owner to place the owner's name and phone number on the owner's anhydrous ammonia tank or tanks. The department may adopt additional rules necessary for the protection and safety of persons employed in anhydrous ammonia facilities, persons using anhydrous ammonia, and the public.

(2) The rules must include a provision under which new or existing facilities may apply for a temporary or permanent variance from any requirement of the rules. The rules must provide criteria for granting or denying a variance request and must provide for written notice and public hearing on any variance request.

(3) The department shall coordinate its rulemaking activities with other executive branch agencies and departments by providing them with timely information on the adoption of the rules, inviting and encouraging their participation, giving due weight and consideration to their comments and testimony, and coordinating interdepartmental meetings on matters pertaining to the adoption of the rules.
Mont. Code Ann. § 80-3-321 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-321
80-3-321 Produce dealer license -- exception -- renewal
Status: in_force

80-3-321 . Produce dealer license -- exception -- renewal. (1) A produce dealer license is required for any person who:

(a) wholesales produce in this state;

(b) transports produce from out of state into this state for retail sale; or

(c) retails produce grown by the produce dealer in this state when gross retail sales exceed $25,000 annually.

(2) A produce dealer license is not required for a person who complies with the requirements of this part and:

(a) retails produce grown by that person in this state if annual gross produce sales do not exceed $25,000. However, the person shall, upon request of the department, furnish a sworn statement providing that the produce was grown by that person, stating the location where the produce was grown, and stating the amount of gross sales.

(b) is a nonprofit organization that is recognized by the director and that retails only produce purchased from licensed produce dealers or from Montana produce dealers who are in compliance with this part.

(3) An applicant for a produce dealer license shall provide any information that the department finds necessary to carry out the provisions of this part. Produce dealer licenses expire on December 31 of the year of issuance. A produce dealer shall pay a nonrefundable license fee of $50. A separate license is required for each place of business, including vehicles. The license fee must be credited toward the produce assessment fee prescribed in 80-3-314 .

(4) A produce dealer license, if required, must be carried at any time produce is sold, and the license is subject to inspection by any person.

(5) A license issued under this section may not be sold or transferred from one vehicle or location to another without the written consent of the department.
Mont. Code Ann. § 80-11-1008 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1008
80-11-1008 Violation -- penalty
Status: in_force

80-11-1008 . Violation -- penalty. (1) A person violating a provision of this part is subject to an administrative civil penalty of not more than $5,000 for each monthly statement not filed but required by administrative rule.

(2) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under this section. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6. The department shall adopt the rules within 3 months of July 1, 2019. The department may not enforce the penalties provided for in this section until the rules are adopted.

(3) Funds received in the form of civil penalties must be deposited in the general fund.
Mont. Code Ann. § 80-5-605 — MT Code / Title 80 / Chapter 5 / Part 6 / Section 80-5-605
80-5-605 Venue
Status: in_force

80-5-605 . Venue. If a contract between a grower and a claimant of an intellectual property right violation is silent with regard to venue for any legal proceedings regarding intellectual property rights, venue must be in the district court for the district in which the alleged intellectual property right violation occurred.
Mont. Code Ann. § 80-9-304 — MT Code / Title 80 / Chapter 9 / Part 3 / Section 80-9-304
80-9-304 Disclosure of information prohibited
Status: in_force

80-9-304 . Disclosure of information prohibited. (1) A person who uses to that person's own advantage or reveals to persons other than officers of the department or to the courts when relevant in a judicial proceeding any information acquired under this chapter concerning any method, records, formulations, or processes which as a trade secret is entitled to protection is guilty of a misdemeanor and shall be fined not more than $300 or imprisoned for not more than 1 year, or both.

(2) The department may exchange information of a regulatory nature with the proper officials of the United States government or of other states who are similarly prohibited by law from revealing that information. The department may not release information obtained from officials of the United States government or of other states when those officials have determined and advised the department in writing that, based on the statutes governing those officials, the information is confidential.
Mont. Code Ann. § 80-5-126 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-126
80-5-126 Analysis by seed laboratory -- reports
Status: in_force

80-5-126 . Analysis by seed laboratory -- reports. The seed laboratory of the agricultural experiment station shall analyze and test seeds sold or offered or exposed for sale in this state at a time and place and to the extent the director of the agricultural experiment station determines. The laboratory shall report to the department all violations as they appear. It may also annually before September 1 make a report to the department of all tests made and the results, which may be published by the department.
Mont. Code Ann. § 80-5-135 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-135
80-5-135 Screenings -- restrictions on movements
Status: in_force

80-5-135 . Screenings -- restrictions on movements. All screenings, whether from seed conditioning plants or other sources, represent both a valuable and potentially hazardous product. Their movements are restricted as follows:

(1) The viability of prohibited noxious weed seed as defined in 80-5-120 shall be destroyed before screenings are utilized in feed or in any other way in which they may propagate their kind. However, if these screenings are sold for feed, it shall be the responsibility of the feed buyer to haul under a tarp cover or other tight container until the provisions of this part are met.

(2) The department may adopt rules to restrict or exempt from restriction the holding and movement of screenings when the public interest is served by so doing.
Mont. Code Ann. § 80-11-201 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-201
80-11-201 Definitions
Status: in_force

80-11-201 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Commercial channels" means the sale of wheat or barley for any use when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or barley or product produced from wheat or barley.

(2) "Committee" means the Montana wheat and barley committee provided for in 2-15-3002 .

(3) "First purchaser" means any person, public or private corporation, association, or partnership buying, accepting for shipment, or otherwise acquiring the property in or to wheat or barley from a grower and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, where the actual or constructive possession of such wheat or barley is taken as part payment or in satisfaction of such mortgage, pledge, lien, or claim.

(4) "Grower" means any landowner personally engaged in growing wheat or barley, a tenant of the landowner personally engaged in growing wheat or barley, or both the owner and the tenant jointly; and includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and any and all other business units, devices, and arrangements.

(5) "Sale" includes any pledge or mortgage of wheat or barley after harvest to any person, public or private.
Mont. Code Ann. § 80-12-101 — MT Code / Title 80 / Chapter 12 / Part 1 / Section 80-12-101
80-12-101 Short title
Status: in_force

80-12-101 . Short title. This chapter may be cited as the "Montana Agricultural Loan Authority Act".
Mont. Code Ann. § 80-7-507 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-507
80-7-507 Administrative rules
Status: in_force

80-7-507 . Administrative rules. The department may adopt rules necessary to carry out the intent of this part.
Mont. Code Ann. § 80-11-101 — MT Code / Title 80 / Chapter 11 / Part 1 / Section 80-11-101
80-11-101 Definitions
Status: in_force

80-11-101 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Agricultural products" means crops, livestock, and livestock products.

(2) "Marketing" means all activities involved in getting agricultural products from the producer to the consumer and includes transportation, processing, and distribution.
Mont. Code Ann. § 80-15-103 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-103
80-15-103 Policy
Status: in_force

80-15-103 . Policy. It is the public policy of this state to:

(1) protect ground water and the environment from impairment or degradation due to the use of agricultural chemicals;

(2) allow for the proper and correct use of agricultural chemicals;

(3) provide for the management of agricultural chemicals to prevent, minimize, and mitigate their presence in ground water; and

(4) provide for education and training of agricultural chemical applicators and the general public on ground water protection, agricultural chemical use, and the use of alternative agricultural methods.
Mont. Code Ann. § 80-7-909 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-909
80-7-909 Rules
Status: in_force

80-7-909 . Rules. The department may, with the advice of the advisory council appointed under 80-7-805 , adopt rules necessary to carry out its responsibilities under this part in accordance with Title 2, chapter 4. The rules may include but are not limited to:

(1) contracts and agreements;

(2) certification standards, processing, and sampling and equipment standards and operation;

(3) inspections and investigation procedures and standards;

(4) operations;

(5) records;

(6) application, inspection, production, import, certification identification, mileage, and per diem fees and their collection;

(7) reciprocal agreements with other states or Canadian provinces; and

(8) penalties, stop sales, condemnation, and other orders.
Mont. Code Ann. § 80-15-411 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-411
80-15-411 Violators subject to penalties
Status: in_force

80-15-411 . Violators subject to penalties. (1) A person found to be in violation of this chapter or a rule established pursuant to this chapter is subject to the penalty provisions of 80-15-412 through 80-15-414 .

(2) For the purpose of this section, the term "person" means, in addition to the definition in 80-15-102 , any responsible corporate officer.

(3) Nothing in this chapter may be construed as requiring the department or an authorized agent of the department to report minor violations of this chapter for prosecution when the department or an authorized agent believes that the public interest will be best served by other remedial action, by a suitable notice of warning in writing, or by a lawful written order.

(4) Action under 80-15-412 through 80-15-414 does not bar the department from enforcement of this chapter or of rules or orders issued under this chapter by injunction or other appropriate remedy.

(5) The department and the department of environmental quality shall coordinate actions when a violator is subject to the penalties authorized by 80-15-412 through 80-15-414 and to the penalties authorized by Title 75, chapter 5, for the same violation.
Mont. Code Ann. § 80-11-515 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-515
80-11-515 Annual commodity assessment -- collection
Status: in_force

80-11-515 . Annual commodity assessment -- collection. (1) The department, in consultation with each commodity advisory committee, shall, for each commodity associated with a research and marketing program, adopt by rule an annual assessment on program commodities grown, delivered, or stored in Montana and sold through commercial channels.

(2) The assessments are levied and imposed:

(a) at the time of first sale of any commodity by a seller and must be collected by the first purchaser of the commodity from the seller at the time of each settlement for the commodity purchased;

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

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

(d) as otherwise provided by department rule for the specific research or market development program.

(3) The assessments levied under the provisions of this section must be deducted and collected as provided by this part, whether the commodity is stored in Montana or any other state. The assessment attaches to each transaction, but a seller is not subject to assessment more than once regardless of the number of times that the commodity is the subject of a sale, mortgage, pledge, or other transaction. The assessment is imposed and attaches on the initial sale, mortgage, pledge, or other transaction in which the commodity seller parts with title to the commodity or creates some interest in the commodity in a mortgagee, pledgee, or other person.

(4) If the first purchaser is a foreign entity, the producer shall make a good faith effort to ensure that the assessment is collected as provided in this section and paid to the department as provided in 80-11-516 .
Mont. Code Ann. § 80-15-212 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-212
80-15-212 Specific agricultural chemical ground water management plans
Status: in_force

80-15-212 . Specific agricultural chemical ground water management plans. (1) Except as provided in 80-15-216 , the department shall develop and implement agricultural chemical ground water management plans specific to particular agricultural chemicals and to a defined geographical area when the level of an agricultural chemical found in ground water is at 50% or greater of the standard or interim numerical standard at a point of standards application and is scientifically validated.

(2) The department may develop and implement an agricultural chemical ground water management plan specific to particular agricultural chemicals and may consider but is not limited to considering the following elements when determining whether or not to develop and implement agricultural chemical ground water management plans:

(a) a definite trend of increased presence of the agricultural chemical in ground water at a point of standards application is scientifically validated;

(b) agricultural chemicals have been determined to have migrated in the ground water from the point of detection;

(c) EPA proposes to suspend or cancel registration of an agricultural chemical, prohibits or restricts the chemical's sale or use in the state, or otherwise initiates action against a chemical because of ground water concerns, and EPA's action, restriction, or prohibition will be implemented unless the state develops an adequate management plan; or

(d) agricultural chemicals that possess or are suspected of possessing properties that indicate potential to migrate to ground water are being applied on areas underlain by ground water that is vulnerable to impairment.

(3) The department may initiate educational programs about agricultural chemical management to provide information and management techniques to protect ground water in an effort to preclude the need for development of specific agricultural chemical ground water management plans in the future.

(4) A person using an agricultural chemical that is addressed by a specific agricultural chemical ground water management plan in the geographical region that is addressed by the plan shall comply with the plan. The department may specifically identify and designate persons who are under the plan and may inform any person about the plan.

(5) The department shall prioritize preparation of specific agricultural chemical ground water management plans in consideration of the specific circumstances of each area and within available resources.
Mont. Code Ann. § 80-6-1103 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1103
80-6-1103 Committee responsibilities -- adoption of rules
Status: repealed

80-6-1103 . (Temporary) Committee responsibilities -- adoption of rules. (1) The committee is responsible for the administration of this part.

(2) The committee shall by rule adopt minimum standards for the presence of pathogens and parasites.

(3) The committee may adopt rules establishing minimum standards for the presence of predators and nest destroyers in bees to be certified, imported, quarantined, and possessed or controlled in the state of Montana.

(4) The committee may provide information and services relating to the rearing of alfalfa leaf-cutting bees and alfalfa seed production.

(5) The committee may enter into agreements with other governmental agencies or private associations in carrying out the provisions of this part.

(6) In performing its duties under this part, the committee may:

(a) enter upon any public or private premises to inspect equipment and sample bees;

(b) by rule establish quarantines to regulate the entry of bees, equipment, and nesting material into areas of Montana specified in the quarantines;

(c) quarantine any bees, equipment, or nesting material found to be infected or contaminated at levels exceeding importation or quarantine standards;

(d) order the disinfection, destruction, or removal of any bees, equipment, or nesting material that does not meet importation or quarantine standards.

(7) Upon receiving notification of nesting material or bees that appear to be abandoned, the committee shall contact the owner as soon as possible to correct the problem. If the owner cannot be found, the nesting material or bees must be considered abandoned and the procedures for disposition of abandoned property set out in Title 70, chapter 9, must be followed.

(8) (a) Whenever the committee has reasonable cause to believe a person is in possession of any bees or equipment in violation of this part or rules adopted under it, the committee may order a quarantine of the suspected bees or equipment and may require any person in possession of the bees or equipment to hold them under specified conditions until notified otherwise in writing by the committee.

(b) The committee shall release any quarantine upon finding that the bees and equipment are in compliance with this part. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-2-101 — MT Code / Title 80 / Chapter 2 / Part 1 / Section 80-2-101
80-2-101 Trust assets of rural rehabilitation corporation -- department of agriculture designated to make application
Status: in_force

80-2-101 . Trust assets of rural rehabilitation corporation -- department of agriculture designated to make application. The department of agriculture is designated as the department of Montana state government to apply to the secretary of agriculture of the United States or any other proper federal official under Public Law 499, 81st congress, approved May 3, 1950, for the return of the trust assets, either funds or property, held by the United States as trustee in behalf of the Montana rural rehabilitation corporation.
Mont. Code Ann. § 80-8-109 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-109
80-8-109 Educational programs
Status: in_force

80-8-109 . Educational programs. (1) The department shall develop and conduct appropriate educational programs. The educational programs shall inform those individuals dealing in and applying pesticides as to correct methods of formulating, applying, storing, disposing of, handling, and transporting pesticides.

(2) In developing and administering such programs, the department may consult other state and federal agencies and private industry, as well as such other persons it considers necessary, and may charge a fee for the programs commensurate with their administration costs. The fee may not include the salary or travel expenses of any employee of a state agency or of the Montana cooperative extension service.

(3) All fees collected pursuant to this section must be deposited in the state treasury to the credit of the state special revenue fund and must be spent for the purposes set forth in this section.
Mont. Code Ann. § 80-7-906 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-906
80-7-906 Certification
Status: in_force

80-7-906 . Certification. (1) A person shall make an annual application to the department for certifying forage. The person shall comply with all certification standards and processes and pay any required fees prior to receiving certification approval and identification markers for the forage. If a production tonnage fee is established, the department may establish the method and time of payment.

(2) A person who wishes to deliver forage as noxious weed seed free into this state from out of state shall notify the department and pay any application fee or other appropriate fee, including an inspection fee, if required, prior to delivering the forage. The forage must be certified as noxious weed seed free from the state or province of origin if the department approves the certification through a reciprocal agreement or other process approved by the department. The department may waive some certification documentation or fees based upon the provisions in a reciprocal agreement.
Mont. Code Ann. § 80-1-203 — MT Code / Title 80 / Chapter 1 / Part 2 / Section 80-1-203
80-1-203 Statistics, how obtained
Status: in_force

80-1-203 . Statistics, how obtained. If for any reason the department of revenue is unable to obtain the statistics from any farm owner, operator, or renter, it shall obtain them from the most reliable source, so that the returns may be complete.
Mont. Code Ann. § 80-5-142 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-142
80-5-142 Certification work on self-supporting basis
Status: in_force

80-5-142 . Certification work on self-supporting basis. Certification work, whether conducted by said university or by an agency designated by it, shall be on a self-supporting basis and not for financial profit.
Mont. Code Ann. § 80-7-132 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-132
80-7-132 Cooperation -- agreements with other governmental agencies
Status: in_force

80-7-132 . Cooperation -- agreements with other governmental agencies. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose and provisions of this part.
Mont. Code Ann. § 80-18-111 — MT Code / Title 80 / Chapter 18 / Part 1 / Section 80-18-111
80-18-111 Affirmative defense for possession or cultivation of marijuana
Status: in_force

80-18-111 . Affirmative defense for possession or cultivation of marijuana. It is an affirmative defense to a prosecution for the possession or cultivation of marijuana that

the defendant was growing or processing hemp in compliance with this part or a tribal plan approved by the United States department of agriculture.
Mont. Code Ann. § 80-7-816 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-816
80-7-816 Account -- deposit -- investment
Status: in_force

80-7-816 . Account -- deposit -- investment. (1) There is a noxious weed account in the state special revenue fund established in 17-2-102 . The interest from the noxious weed management trust fund and the funds directed to be deposited as provided in 80-7-823 , excluding unrealized gains and losses, must be deposited in the account and must be expended as provided in 80-7-705 and 80-7-814 .

(2) The department may direct the board of investments to invest the funds collected under subsection (1) pursuant to the provisions of 17-6-201 . The income from the investments must be credited to the account in the state special revenue fund.
Mont. Code Ann. § 80-11-311 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-311
80-11-311 Records required
Status: repealed

80-11-311 . (Temporary) Records required. Each dealer shall maintain accurate records of all alfalfa seed handled, packed, shipped, or processed by the dealer. The records must be in the form and contain the information that the department may by rule prescribe, must be preserved for a period of 2 years, and are subject to inspection at any time upon request of the department or its agents. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-3-305 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-305
80-3-305 Enforcement -- stop sale order -- injunction
Status: in_force

80-3-305 . Enforcement -- stop sale order -- injunction. (1) The department may place a stop sale order on any lot of produce sold or transported without proper labeling or in violation of this part.

(2) If a person violates any provision of this part, the department may seek to enjoin that person from further business until the person has complied with this part. The department may file an injunction action in the first judicial district court. The injunction provided for by this section is in addition to the misdemeanor penalty provided for in 80-3-306 .
Mont. Code Ann. § 80-8-302 — MT Code / Title 80 / Chapter 8 / Part 3 / Section 80-8-302
80-8-302 Sampling and analysis
Status: in_force

80-8-302 . Sampling and analysis. (1) The department shall have the authority to sample, inspect, and analyze pesticides or devices distributed within this state wherever and whenever and to the extent necessary to determine whether the pesticides or devices are in compliance with the provisions of this chapter. The department is authorized with a warrant or the consent of the inhabitant or owner to enter public or private premises, including vehicles, to have access to pesticides or devices and to records relating to their distribution.

(2) The methods of sampling and analysis must be based on:

(a) validated methods for the laboratory; and

(b) standard methods and guidance for the sampling.

(3) In all administrative or legal actions involving the composition, identification, or quantification of a pesticide, a certified copy of the official analysis signed by the department's authorized chemist must be accepted as prima facie evidence of the determinations the official analysis contains.
Mont. Code Ann. § 80-8-304 — MT Code / Title 80 / Chapter 8 / Part 3 / Section 80-8-304
80-8-304 Investigation and enforcement authority
Status: in_force

80-8-304 . Investigation and enforcement authority. (1) In enforcing this chapter, the department or its authorized agents, upon reasonable cause, may enter upon private and public premises and property with a warrant or consent of the inhabitant or owner to inspect or investigate at reasonable times:

(a) equipment used for applying pesticides;

(b) actual or reported adverse effects caused by pesticides in humans, crops, animals, land, or other property;

(c) records on the selling or use of pesticides and the person's stock of pesticides;

(d) handling, use, application, storage, and disposal of pesticides by any person;

(e) pesticides being applied or to be applied and to sample the pesticides or agricultural commodities;

(f) the use and application of a pesticide;

(g) the environment alleged to have been exposed to pesticides and to collect and analyze environmental samples;

(h) a person's compliance with pesticide worker protection standards and labeling, including handlers and workers;

(i) a person's compliance with pesticide ground water and environmental protection agency endangered species standards and labeling; or

(j) a person's compliance with licensing, labeling, permitting, and certification requirements.

(2) The department is authorized to investigate all incidents involving the application, sale, introduction, or use of registered pesticides or compounds capable of acting in the manner of pesticides when the incidents have a reasonable potential to adversely affect the public environment or persons.

(3) The investigation or inspection authority provided for in this section may be exercised over persons not possessing a required license or permit.
Mont. Code Ann. § 80-7-1019 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1019
80-7-1019 Enforcement
Status: in_force

80-7-1019 . Enforcement. (1) Except as provided in subsection (2), a peace officer, as defined in 45-2-101 , may:

(a) stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part;

(b) upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:

(i) the peace officer obtains a search warrant, as defined in 46-1-202 ; or

(ii) the vessel or equipment is physically located within the boundaries of an invasive species management area established under 80-7-1008 or the statewide invasive species management area established in 80-7-1015 and use of mandatory inspections has been included in quarantine measures established pursuant to 80-7-1008 (3)(b)(i) or rules adopted under 80-7-1007 .

(c) cite a person for a violation of this part.

(2) (a) A peace officer may not require a driver who may be in violation of the requirements of 80-7-1010 (2) and 80-7-1015 (7) to stop except on reasonable cause to believe:

(i) that the driver violated a traffic regulation or another provision of this part; or

(ii) that the driver's vehicle is unsafe or not equipped as required by law.

(b) A driver found to be in violation of 80-7-1010 (2) or 80-7-1015 (7) may correct the violation in the presence of the officer and be deemed in compliance. A correction made pursuant to this subsection (2)(b) may not impact any state waters.
Mont. Code Ann. § 80-15-101 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-101
80-15-101 Short title
Status: in_force

80-15-101 . Short title. This chapter may be cited as the "Montana Agricultural Chemical Ground Water Protection Act".
Mont. Code Ann. § 80-1-204 — MT Code / Title 80 / Chapter 1 / Part 2 / Section 80-1-204
80-1-204 Penalty for refusal to furnish statistics
Status: in_force

80-1-204 . Penalty for refusal to furnish statistics. Any farm owner, operator, or renter refusing to furnish the information called for in 80-1-201 , or willfully furnishing fraudulent information to the department of revenue, upon proper request therefor, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than $10 or more than $100, and cost of prosecution.
Mont. Code Ann. § 80-4-409 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-409
80-4-409 Confidentiality of records
Status: in_force

80-4-409 . Confidentiality of records. All financial statements of warehouse operators and commodity dealers required under the provisions of parts 5 and 6 of this chapter must be kept confidential by the department and are not subject to disclosure except:

(1) upon written permission of the licensee;

(2) in actions or administrative proceedings commenced under the provisions of parts 4 through 7 of this chapter;

(3) when required by subpoena or court order;

(4) when disclosed to law enforcement agencies in connection with the investigation or prosecution of criminal offenses; or

(5) when released to a bonding company approved by the department.
Mont. Code Ann. § 80-7-1031 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1031
80-7-1031 Exemption from environmental review
Status: in_force

80-7-1031 . Exemption from environmental review. The department of natural resources and conservation is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.
Mont. Code Ann. § 80-10-103 — MT Code / Title 80 / Chapter 10 / Part 1 / Section 80-10-103
80-10-103 Assessment to fund educational and experimental programs -- collection
Status: in_force

80-10-103 . Assessment to fund educational and experimental programs -- collection. Money to fund 80-10-104 through 80-10-106 must be produced by an assessment of 75 cents per ton of fertilizer manufactured in or distributed into Montana. Collections must be made in accordance with procedures in 80-10-207 and payment is the responsibility of the in-state manufacturer or of the supplier if the fertilizer is not manufactured in Montana.
Mont. Code Ann. § 80-20-101 — MT Code / Title 80 / Chapter 20 / Part 1 / Section 80-20-101
80-20-101 Short title
Status: in_force

80-20-101 . Short title. This part may be cited as the "Crop Research Facilities Protection Act".
Mont. Code Ann. § 80-7-921 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-921
80-7-921 Penalty for nonpayment of fees
Status: in_force

80-7-921 . Penalty for nonpayment of fees. In addition to the penalties set out in 80-7-922 , a person who fails to pay or improperly pays any fee assessment or fee assessed under the provisions of this part is subject to a penalty of $100 or double the assessment, whichever is greater, including the original fee. The penalty must be paid to the department and deposited as provided in 80-7-908 . A certification issued to a person who fails to pay or improperly pays any fee assessment or fee assessed under the provisions of this part is invalid until the original fee and penalty are paid to the department.
Mont. Code Ann. § 80-12-304 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-304
80-12-304 Negotiability of bonds
Status: in_force

80-12-304 . Negotiability of bonds. Bonds issued by the authority are negotiable instruments under the Uniform Commercial Code, subject only to the provisions for registration of bonds.
Mont. Code Ann. § 80-11-502 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-502
80-11-502 Findings -- purpose
Status: in_force

80-11-502 . Findings -- purpose. (1) The legislature finds that:

(a) agriculture is the leading industry in Montana, based on cash receipts, and that agricultural commodities are resources of the first magnitude in the economy of Montana residents;

(b) agricultural commodities are prime factors in the production of wealth and in the development and stabilization of property values and of activities and enterprises that form the bases and sources of important contributions by taxation to the public revenue; and

(c) Montana agricultural commodities enter a world market that is highly competitive in character.

(2) In order to protect and foster the health, prosperity, and general welfare of the people of Montana, it is declared to be the public policy of this state to encourage and promote intensive, scientific, and practical research into all phases of agricultural commodity culture, production, marketing, and use and into the development of markets for commodities grown or produced in Montana.
Mont. Code Ann. § 80-6-111 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-111
80-6-111 General apiary site registrations
Status: in_force

80-6-111 . General apiary site registrations. (1) In order to control, limit, and prevent the spread of bee diseases, pests, and other contagious or infectious diseases among bees, hives, and apiaries and to control, limit, and prevent interference with the proper feeding and honey flow, as it relates to bee health of established apiaries, general apiary sites must be located 3 or more miles apart except as otherwise provided in this part. The department may not register or issue a certificate of registration for any apiary site except as provided in this section.

(2) A person may register a general apiary site that is situated less than 3 miles from another general apiary site that the person has registered if the location of the general apiary site being applied for is 3 or more miles from general apiary sites registered to other persons.

(3) A general apiary site may be registered even if it is less than 3 miles from any registered pollination apiary site, landowner apiary site, or hobbyist apiary site.

(4) (a) A person with an existing apiary site that is located less than 3 miles from an existing general apiary site may register that apiary site as a general apiary site under the following conditions:

(i) the existing apiary site is registered with the department as a general apiary site as of July 1, 1981;

(ii) the registration of the existing apiary site has not been forfeited or abandoned under the provisions of 80-6-102 (3) or 80-6-104 .

(b) General apiary sites registered prior to July 1, 1981, may be moved if authorized by the department.

(5) Certificates of registration may not be issued for new apiary sites that are within such close proximity to established registered apiary sites that there is or may be danger of the spread of disease or pests or if the proximity will or may interfere with the proper feeding and honey flow of established apiaries.

(6) Before registering new apiary sites, the department shall give at least 10 days' notice by certified mail to all registered apiarists who are likely to be affected by the proposed new apiary site. Any affected party may file a written protest with the department against registering the new apiary site. If a written protest is filed, the department may require a hearing. Notice of the time and place of the hearing must be given to all interested parties by certified mail at least 10 days before the date set for the hearing. If a hearing is held, the department in its discretion may issue or refuse to issue the new apiary site registration.
Mont. Code Ann. § 80-7-822 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-822
80-7-822 Terminated
Status: in_force

80-7-822 . Terminated. Sec. 7, Ch. 493, L. 1999.
Mont. Code Ann. § 80-9-201 — MT Code / Title 80 / Chapter 9 / Part 2 / Section 80-9-201
80-9-201 Licenses and registration
Status: in_force

80-9-201 . Licenses and registration. (1) Except as provided in subsection (4)(b), a license is required of a facility or person:

(a) who manufactures commercial feed in this state;

(b) who distributes commercial feed in or into this state; or

(c) whose name appears on the label of a commercial feed as guarantor.

(2) (a) A separate license is required for each facility that manufactures commercial feed within this state or for each facility that distributes commercial feed in or into this state. A facility or person that manufactures, distributes, or is a guarantor for commercial feed must be licensed once annually pursuant to this section.

(b) (i) Except as otherwise provided in this subsection (2)(b)(i), all new applicants shall pay a nonrefundable fee of $100 each calendar year for a license for each facility. The department may by rule adjust the license fee to maintain adequate funding for the administration of this part. The fee may not be less than $100 a year or more than $110 a year.

(ii) Except as otherwise provided in this subsection (2)(b)(ii), license renewals received by the department prior to January 1 of each year must be accompanied by a nonrefundable renewal fee of $75 for each license. The department may by rule adjust the license fee to maintain adequate funding for the administration of this part. The fee may not be less than $75 a year or more than $85 a year.

(3) Applicants for licensure shall file with the department information on forms provided by the department, including the following:

(a) the applicant's name and place of business;

(b) the mailing address and physical location of the facility to be licensed;

(c) an indication of whether the facility to be licensed manufactures feed, distributes feed, or both; and

(d) an indication of whether or not the person applying for licensure is a guarantor.

(4) (a) A license granted under this section remains in force until the end of the calendar year for which it is issued or until cancelled by the licensee or by the department for cause. The department may collect a $25 late penalty fee for a license renewal application received after January 1 of any year. A license is nontransferable, and license fees are nonrefundable.

(b) A license is not required for a person who:

(i) distributes only pet food or specialty pet food; or

(ii) manufactures pet treats as defined in 80-9-101 (22)(b) whose total annual sales do not exceed $25,000.

(5) A person who manufactures for distribution or who distributes commercial feed in this state shall, upon written request by the department, submit the following information regarding products distributed in this state:

(a) a list of feed products;

(b) all labeling, promotional material, and claims for any feed product;

(c) analytical methods for ingredients claimed or listed on a label, if the methods are not available from AOAC international; and

(d) replicated data performed by a reputable investigator whose work is recognized as acceptable by the department, verifying any claims for effectiveness of a feed product.

(6) (a) A person may not manufacture for distribution or distribute in this state a pet food, specialty pet food, or pet treat that has not been registered under this section by the manufacturer or the guarantor. Except as otherwise provided in subsection (6)(b), the application for registration must be accompanied by a nonrefundable fee of:

(i) $50 for each pet food or specialty pet food; or

(ii) $25 for each set of up to 20 individual pet treat products that meet the definition provided in 80-9-101 (22)(b).

(b) The department may by rule adjust the registration fee to maintain adequate funding for the administration of this part. The fee may not be less than $50 a year or more than $60 a year for a pet food or specialty pet food and not less than $25 a year or more than an additional $10 a year added to the original assessed amount calculated in subsection (6)(a)(ii) for pet treats as defined in 80-9-101 (22)(b).

(c) The registration of pet food, specialty pet food, and pet treats is for a period of 1 year starting January 1 and ending December 31 of each year.

(7) An applicant for registration of pet food, specialty pet food, or pet treats shall file with the department the following information:

(a) the applicant's name and address; and

(b) a complete standard list of all products being registered.

(8) The department may refuse registration of pet food, specialty pet food, or pet treats that is not in compliance with this chapter and may cancel any registration subsequently found to not be in compliance with this chapter. A registration may not be refused or cancelled unless the registrant has been given an opportunity to be heard before the department and to amend the application in order to comply with this chapter.
Mont. Code Ann. § 80-2-202 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-202
80-2-202 Compensation of presiding officer and officers
Status: in_force

80-2-202 . Compensation of presiding officer and officers. (1) The appointed members of the board of hail insurance are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business.

(2) All board members and employees must be allowed expenses as provided in 2-18-501 through 2-18-503 .

(3) All other public officials specified in this chapter shall perform the duties relative to hail insurance without other compensation than that allowed by law.
Mont. Code Ann. § 80-5-129 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-129
80-5-129 Certificate of test presumptive evidence
Status: in_force

80-5-129 . Certificate of test presumptive evidence. The certificate of the seed laboratory, giving results of any examinations, analyses, or tests of any seed samples made under the authority of the department, is presumptive evidence of the correctness of the facts stated in it.
Mont. Code Ann. § 80-4-606 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-606
80-4-606 Inspection of premises, books, and records
Status: in_force

80-4-606 . Inspection of premises, books, and records. (1) The department may at any reasonable time inspect the premises and records of any commodity dealer used in the conduct of the commodity dealer's business. A commodity dealer shall, upon request of the director, furnish to the department at any reasonable time and place all books, accounts, records, and papers relating to agricultural commodity transactions within the state, including those pertaining to the collecting, reporting, and paying of authorized assessments pursuant to Title 80, chapter 4 or 11.

(2) A commodity dealer shall retain and maintain the records provided for in subsection (1) for a period of 5 years from the date of the transaction.

(3) If there exists good cause to believe that a person is doing business as a commodity dealer without a license, the department may inspect the books, papers, and records of the person that pertain to agricultural commodity purchases.
Mont. Code Ann. § 80-11-211 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-211
80-11-211 Violation -- penalty
Status: in_force

80-11-211 . Violation -- penalty. (1) Any person violating any of the provisions of this part is subject to an administrative civil penalty of not more than $5,000 for each monthly report not filed but required by administrative rule.

(2) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under this section. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6. The department shall adopt the rules within 3 months of July 1, 2019. The department may not enforce the penalties provided for in this section until the rules are adopted.

(3) Funds received in the form of civil penalties must be deposited in the general fund.
Mont. Code Ann. § 80-7-903 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-903
80-7-903 Definitions
Status: in_force

80-7-903 . Definitions. As used in this part, the following definitions apply:

(1) "Advisory council" means the Montana noxious weed management advisory council. Except as provided in 80-7-805 , the council is subject to the provisions of 2-15-122 .

(2) "Certification" means the state-approved and documented process of determining within a standard range of variances or tolerances that forage production fields are free of the seeds of noxious weeds, as defined in 7-22-2101 , which process allows a person to sell the forage as noxious weed seed free and to attach approved certification identification.

(3) "Forage" means any crop, including alfalfa, grass, small grains, straw, and similar crops and commodities, that is grown, harvested, and sold for livestock forage, bedding material, or mulch or related uses and the byproducts of those crops or commodities that have been processed into pellets, cubes, or related products.

(4) "Noxious weed seed free" means that forage has an absence of noxious weed seeds within a standardized range of variances or tolerances established by department rule.

(5) "Person" means a natural person, individual, firm, partnership, association, corporation, company, joint-stock association, body politic, or organized group of persons, whether incorporated or not, and any trustee, receiver, assignee, or similar representative.

(6) "Producer" means a person engaged in growing forage, a tenant personally engaged in growing forage, or both the owner and the tenant jointly and includes a person, cooperative organization, trust, sharecropper, and any other business entity, devices, and arrangements that grow forage that is proposed to be certified as noxious weed seed free.

(7) "Sale" or "sell" means the selling, wholesaling, distributing, offering, exposing for sale, advertising, exchanging, brokering, bartering, or giving away by any person within this state of any forage as noxious weed seed free or certified or approved as noxious weed seed free.
Mont. Code Ann. § 80-10-212 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-212
80-10-212 Exchanges between manufacturers
Status: in_force

80-10-212 . Exchanges between manufacturers. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil amendment to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil amendment to manufacturers or manipulators who have registered their brands and grades or licensed their facilities as required by the provisions of this chapter.
Mont. Code Ann. § 80-8-403 — MT Code / Title 80 / Chapter 8 / Part 4 / Section 80-8-403
80-8-403 Definitions
Status: in_force

80-8-403 . Definitions. As used in this part, the following definitions apply:

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

(2) "Director" means the director of agriculture as provided for in 2-15-3001 .

(3) "School district" means a school district established according to Title 20, chapter 6.
Mont. Code Ann. § 80-7-1015 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1015
80-7-1015 Statewide invasive species management area
Status: in_force

80-7-1015 . Statewide invasive species management area. (1) There is established a statewide invasive species management area for the purpose of preventing the introduction, importation, and infestation of invasive species through the mandatory inspection of vessels and equipment entering the state and, except as provided in 80-7-1030 , the mandatory decontamination of any vessel or equipment on or in which an invasive species is detected.

(2) To the greatest extent possible, the department of transportation shall cooperate with the department of fish, wildlife, and parks to utilize ports of entry or adjacent department of transportation facilities as locations for check stations established pursuant to this section.

(3) As far as practical, signs indicating that the statewide invasive species management area is in place must be posted in an effective manner along the boundaries of and within the state. The signs must include information about the specific regulations that apply to the area. The signs must be paid for with funds from the invasive species account established in 80-7-1004 . The departments may coordinate with any other governmental entity for the posting of signs.

(4) At a check station established pursuant to this section, the departments may examine vessels and equipment for the presence of an invasive species and compliance with this section and rules adopted pursuant to 80-7-1007 . Except as provided in 80-7-1030 , examination of any interior portion of a vessel or equipment that may contain water, including bilges, livewells, and bait containers, for compliance may occur only if inspection of interior portions is included as part of quarantine measures established pursuant to rules adopted under 80-7-1007 .

(5) The owner, operator, or person in possession of a vessel or equipment shall:

(a) comply with this section and rules imposed under 80-7-1007 ; and

(b) stop at any check station established pursuant to this section unless a medical emergency makes stopping likely to result in death or serious bodily injury.

(6) Except as provided in 80-7-1030 , if during an inspection of a vessel or equipment the presence of an invasive species is detected, that vessel or equipment may not leave the check station without authorization until it is cleaned and decontaminated in a manner established in accordance with rules adopted pursuant to 80-7-1007 . Every effort must be made to ensure decontamination of the vessel or equipment as expeditiously as possible.

(7) After use in a body of water within the statewide invasive species management area, all vessels, equipment, bait containers, livewells, bilges, and other boating-related equipment, excluding marine sanitary systems, must be drained in a way that does not impact any state waters and the drain plug disengaged to drain the water before leaving the boat launch or parking area and being transported on land or on a public highway, as defined in 61-1-101 , except when allowed by the department of fish, wildlife, and parks. After draining the water, the drain plug may be reengaged. If a drain plug does not exist or a drain plug cannot be disengaged to comply with this subsection, reasonable measures must be taken to dry or drain all compartments or spaces that hold water.
Mont. Code Ann. § 80-7-712 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-712
80-7-712 Funding of noxious plant management programs
Status: in_force

80-7-712 . Funding of noxious plant management programs. (1) The department may make every effort to obtain federal funds under 43 U.S.C. 1242 to implement management of noxious plants on federal lands in cooperation with any federal agency and the local government body responsible for noxious plant management. These federal funds shall be directly disbursed to local governments authorized to conduct noxious plant management programs. The department may require individual or multiple local government units wishing to apply for federal funds to make proper application for the funds following the management program, budget guidelines, and policies of the department, and the requirements of 43 U.S.C. 1241 through 1243. The department shall request 3% of the total federal funds received per year to cover the complete cost of administering, monitoring, and auditing the expenditure of these federal funds.

(2) The department may cooperate in and coordinate the planning and disbursement of these funds with federal, state, and local agencies responsible for management of noxious plants.

(3) The department may directly expend or provide federal or state funds to local governments to manage or eradicate new noxious plant infestations invading federal or state lands within the state.

(4) The department may hold a public hearing in the specific locale requesting funding prior to granting the federal funds. The department may determine if there are any special requirements or restrictions that should be incorporated into the management program prior to its implementation.