Mont. Code Ann. § 80-9-204 — MT Code / Title 80 / Chapter 9 / Part 2 / Section 80-9-204
80-9-204 Adulterated feed
Status: in_force

80-9-204 . Adulterated feed. A commercial feed is adulterated if:

(1) it contains any poisonous or deleterious substance that may render it injurious to health. However, if the substance is not an added substance, the commercial feed may not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health.

(2) it contains any added poisonous, deleterious, or nonnutritive substance that is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act, other than one that is a pesticide chemical in or on a raw agricultural commodity or a food additive;

(3) it is or it contains any food additive that is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;

(4) it is a raw agricultural commodity and it contains a pesticide chemical that is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act. However, when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and that agricultural commodity has been processed by canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed may not be considered unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity, unless the feeding of the processed feed is likely to result in the pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act;

(5) it is or contains any color additive that is unsafe within the meaning of section 721 of the Federal Food, Drug, and Cosmetic Act;

(6) it is or contains any new animal drug that is unsafe within the meaning of section 512 of the Federal Food, Drug, and Cosmetic Act;

(7) it consists in whole or in part of any filthy, putrid, or decomposed substance or if it is otherwise unfit for feed;

(8) it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;

(9) it is in whole or in part the product of a diseased animal or of an animal that has died otherwise than by slaughter and that is unsafe within the meaning of section 402(a)(1) or (a)(2) of the Federal Food, Drug, and Cosmetic Act;

(10) its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health;

(11) it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;

(12) any valuable constituents have been in whole or in part omitted or abstracted from the commercial feed or any less valuable substance substituted for the valuable constituent;

(13) its composition or quality falls below or differs from the composition or quality that is purported or represented to possess by its labeling;

(14) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules adopted by the department to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it is represented to possess. In formulating these rules, the department shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under the Federal Food, Drug, and Cosmetic Act unless it determines that they are not appropriate to the conditions that exist in this state.

(15) it contains viable weed seeds in amounts exceeding the limits established by department rule.
Mont. Code Ann. § 80-5-601 — MT Code / Title 80 / Chapter 5 / Part 6 / Section 80-5-601
80-5-601 Legislative findings -- purpose
Status: in_force

80-5-601 . Legislative findings -- purpose. (1) The legislature finds that:

(a) the production of diverse agricultural crops is critical to the economic stability of Montana;

(b) Montana's agricultural companies and producers strive to operate their companies and grow their crops pursuant to generally accepted farming principles and practices;

(c) agricultural companies and producers in Montana are responsible for operating their businesses in a cooperative manner with their neighbors;

(d) the ability of Montana's growers to continue to compete in an expanding worldwide market is dependent upon access to a variety of crops that are resistant to diseases and pests;

(e) Montana's arid climate necessitates the development of types of crops that are drought-tolerant; and

(f) science has been a critical part of agriculture since its inception.

(2) The purpose of this part is to provide an orderly process to be followed when an intellectual property claim related to plants arises.
Mont. Code Ann. § 80-7-813 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-813
80-7-813 Acceptance and expenditure of gifts and other funds
Status: in_force

80-7-813 . Acceptance and expenditure of gifts and other funds. The department may accept gifts, grants, contracts, or other funds designated for noxious weed management. The funds must be deposited in the noxious weed management trust fund or in the account established in 80-7-816 and may be expended to support a noxious weed management project.
Mont. Code Ann. § 80-7-720 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-720
80-7-720 Biological agents for weed control
Status: in_force

80-7-720 . Biological agents for weed control. (1) The department of agriculture is authorized to expend funds for the collection and distribution of biological agents to control leafy spurge and spotted knapweed. The project will reduce energy consumption by reducing the need for repeated chemical application.

(2) The department of natural resources and conservation is authorized to administratively transfer funds to the department of agriculture for the project described in subsection (1).
Mont. Code Ann. § 80-10-102 — MT Code / Title 80 / Chapter 10 / Part 1 / Section 80-10-102
80-10-102 Guaranteed analysis
Status: in_force

80-10-102 . Guaranteed analysis. (1) Guaranteed analysis is the minimum percentage of plant nutrients claimed in the following order and form:

(a) The following plant nutrients must be guaranteed:

Total nitrogen (N) %

Available phosphate (P 2 O 5 ) %

Soluble potash (K 2 O) %

(b) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphate and degree of fineness may also be guaranteed.

(c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium may be permitted or required by rules adopted by the department. The guarantees for other nutrients must be expressed in the form of the element. The sources of other nutrients, including but not limited to oxides, salt, and chelates, may be required to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the department. When any plant nutrients or other substances or compounds are guaranteed, they are subject to inspection and analysis in accordance with the methods and regulations prescribed by the department.

(d) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton must be guaranteed when required by regulation.

(2) Soil amendments must guarantee each soil amending ingredient and the total other ingredients in terms approved by the department or set forth in rules issued by the department. Soil amendments must also meet any other requirements established by department rule.
Mont. Code Ann. § 80-4-521 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-521
80-4-521 Duties of warehouse operator -- content of records
Status: in_force

80-4-521 . Duties of warehouse operator -- content of records. (1) Each warehouse operator shall maintain in a safe place current and complete records at all times with respect to all agricultural commodities stored, conditioned, handled, or shipped by the operator, including agricultural commodities owned by the operator. The records must include but are not limited to a daily position record, showing the total quantity of each kind and class of agricultural commodity received and loaded out and the amount remaining in storage at the close of each business day and the warehouse operator's total storage obligations for each kind and class of agricultural commodity at the close of each business day.

(2) Each warehouse operator purchasing any agricultural commodity from a depositor shall promptly make and keep for 5 years a correct record showing in detail the following information:

(a) the name and address of the depositor;

(b) the date purchased;

(c) the terms of the sale; and

(d) the quality and quantity purchased by the warehouse operator and, when applicable, the dockage, tare, grade, size, and net weight.
Mont. Code Ann. § 80-7-902 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-902
80-7-902 Findings -- purpose
Status: in_force

80-7-902 . Findings -- purpose. (1) The legislature finds that:

(a) natural resources of the state need to be protected from noxious weeds and their seeds;

(b) the movement of agricultural crops or commodities as livestock forage, bedding, mulch, and related materials, including pellets, cubes, and other processed livestock feeds with noxious weed seeds, causes new and expanding noxious weed infestations on private and government-managed lands, which adversely impact agricultural, forest, recreational, and other lands;

(c) it is necessary to develop and implement a state forage and product noxious weed seed free program in cooperation with federal, state, and local government, the university system, and private enterprise;

(d) an educational program is needed to inform all citizens of the importance of the incentive to market and handle forage that is free of noxious weed seeds;

(e) a cooperative forage and product distribution system with federal, state, local, and private land manager participation is needed to prevent increased noxious weed infestations;

(f) compliance standards involving the import or export of forage, in cooperation with county weed districts and the department, are needed; and

(g) to the extent there is a need for standards and good practices for other materials to prevent the spread of noxious weeds, seeds, and other invasive organisms, the department may create options for proof of compliance in a cost-effective manner to protect the state and to provide options for businesses.

(2) The purpose of this part is to promote incentives to benefit the people of this state and other states by producing and making available forage and other materials free of noxious weeds and their seeds.
Mont. Code Ann. § 80-14-204 — MT Code / Title 80 / Chapter 14 / Part 2 / Section 80-14-204
80-14-204 Terminated
Status: in_force

80-14-204 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-18-101 — MT Code / Title 80 / Chapter 18 / Part 1 / Section 80-18-101
80-18-101 Definitions
Status: in_force

80-18-101 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Hemp" means the plant species Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(b) The term does not include synthetic cannabinoids.

(2) "Hemp crude" means a hemp derivative in a temporary state of not complying with the legal definition of hemp, the amount of tetrahydrocannabinol, or the amount of tetrahydrocannabinolic acid that will be further processed in order to comply.

(3) "Hemp derivatives" means all products that contain or are processed from, extracted from, or manufactured from hemp.

(4) "Marijuana" means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

(5) "Synthetic cannabinoids" has the meaning provided in 50-32-222 and includes any cannabinoids produced artificially, whether from chemical synthesis or biosynthesis using recombinant biological agents, including but not limited to yeast and algae.
Mont. Code Ann. § 80-1-306 — MT Code / Title 80 / Chapter 1 / Part 3 / Section 80-1-306
80-1-306 Terminated
Status: in_force

80-1-306 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 80-8-106 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-106
80-8-106 Administrative procedures
Status: in_force

80-8-106 . Administrative procedures. The administration of this chapter and all rulemaking and hearing functions under this chapter shall be conducted in accordance with the Administrative Procedure Act.
Mont. Code Ann. § 80-8-102 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-102
80-8-102 Definitions
Status: in_force

80-8-102 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Active ingredient" means:

(a) in the case of a pesticide, other than a plant regulator, defoliant, or desiccant, an ingredient that will prevent, destroy, repel, alter life processes, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests;

(b) in the case of a plant regulator, an ingredient that acts upon the physiology to accelerate or retard the rate of growth or rate of maturation or otherwise alter the normal processes of ornamental or crop plants or their produce;

(c) in the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant;

(d) in the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue.

(2) "Adulterated" applies to a pesticide if its strength of purity falls below the professed standard or quality as expressed on labeling or under which it is sold, if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted.

(3) "Applicator" means a person who applies pesticides by any method.

(4) "Beneficial insects" means those insects that, in the course of their life cycle, carry, transmit, or spread pollen to and from vegetation, act as parasites and predators on other insects, or are otherwise beneficial.

(5) "Commercial applicator" means a person who by contract or for hire applies by aerial, ground, or hand equipment pesticides to land, plants, seed, animals, waters, structures, or vehicles.

(6) "Commercial operator" means a person who applies pesticides under the supervision of a commercial applicator.

(7) "Crop" means a food intended for human or animal consumption or a fiber product.

(8) "Dealer" means a person who sells, wholesales, offers or exposes for sale, exchanges, barters, or gives away within this state any pesticide except those pesticides that are to be used for home, yard, lawn, and garden.

(9) "Defoliant" means a substance or mixture of substances for causing the leaves or foliage to drop from a plant, with or without causing abscission.

(10) "Desiccant" means a substance or mixture of substances for artificially accelerating the drying of plant tissue.

(11) (a) "Device" means any instrument or contrivance intended for destroying, controlling, repelling, or mitigating pests.

(b) The term does not include equipment used for the application of pesticides.

(12) "Environment" means the soil, air, water, plants, and animals.

(13) "Equipment" means equipment used in the actual application of pesticides, including aircraft, ground sprayers and dusters, hand-held applicators, and water surface equipment.

(14) "Farm applicator" means a person applying pesticides to the person's own crops or land.

(15) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order than mosses and liverworts), such as rusts, smuts, mildews, molds, and yeasts, except those resident on or in living humans or other animals.

(16) "Herbicide" means a substance or mixture of substances for preventing, destroying, repelling, or mitigating any weed.

(17) "Inert ingredient" means an ingredient that is not an active ingredient.

(18) "Ingredient statement" means either:

(a) a statement of the chemical name and common name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; or

(b) a statement of the chemical name and common name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any, in the pesticide. However, subsection (18)(a) applies if the preparation is highly toxic to humans, determined as provided in 80-8-105 . If the pesticide contains arsenic in any form, the ingredient statement must also include a statement of the percentage of total and water-soluble arsenic, each calculated as elemental arsenic.

(19) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, winged and wingless forms, such as beetles, bugs, wasps, flies, and keds, and to other classes of arthropods whose members are wingless and usually have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice.

(20) "Insecticide" means any substance or mixture of substances for preventing, destroying, repelling, or mitigating any insects present in any environment.

(21) "Label" means the written, printed, or graphic matter on or attached to the pesticide or device or to its immediate container and any outside container or wrapper of any retail package of the pesticide or device.

(22) "Labeling" means all labels and other written, printed, or graphic matter:

(a) on the pesticide or device or any of its containers or wrappers;

(b) accompanying the pesticide or device at any time;

(c) to which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of:

(i) the United States environmental protection agency;

(ii) federal departments of agriculture, interior, or health and human services;

(iii) state experiment stations;

(iv) state agricultural colleges; or

(v) other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides.

(23) "Misbranded" applies:

(a) to a pesticide or device if its labeling bears any statement, design, or graphic representation relative to its ingredients that is false or misleading;

(b) to a pesticide if:

(i) it is an imitation of or is offered for sale under the name of another pesticide;

(ii) its labeling fails to bear the necessary information required by this chapter;

(iii) the labeling accompanying it does not contain instructions for use that when followed provide adequate public protection;

(iv) the label does not contain a warning or caution statement necessary and, if complied with, adequate to prevent injury to living humans or undue hazard to the environment;

(v) the label of the retail package that is presented or displayed under customary conditions of purchase does not bear an ingredient statement on that part of the immediate container and on the outside or on a wrapper through which the ingredient statement on the immediate container cannot be clearly read;

(vi) any word, statement, or other information required to appear on the labeling is not prominently placed on the labeling with a conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in terms rendering it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(vii) in the case of an insecticide, nematicide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it is injurious to living humans or other vertebrate animals or vegetation, except weeds, to which it is applied or to the person applying the pesticide;

(viii) in the case of a plant regulator, defoliant, or desiccant, when used as directed, it is injurious to humans or other vertebrate animals or vegetation to which it is applied or to the person applying the pesticide. Physical or physiological effects on plants or parts of plants are not injurious when this is the purpose for which the plant regulator, defoliant, or desiccant is applied in accordance with the label claims and recommendations.

(24) "Person" means any 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.

(25) "Pest" includes any insect, rodent, nematode, snail, slug, or weed and any form of plant or animal life or virus, except a virus on or in living humans or other animals, that is normally considered a pest or that the department declares a pest.

(26) "Pesticide" means any:

(a) substance or mixture of substances, including any living organism or any product derived from a living organism, intended for preventing, destroying, controlling, repelling, altering life processes, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, that may infect or be detrimental to persons, vegetation, crops, animals, structures, or households or be present in any environment or that the department declares a pest;

(b) substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and

(c) other substances intended for that use named by the department by rule.

(27) (a) "Plant regulator" means any substance or mixture of substances affecting the rate of growth or rate of maturation or for otherwise altering physiological condition of plants.

(b) The term does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

(28) "Public utility applicator" means a person applying pesticides to land and structures owned or leased by a public utility.

(29) "Registrant" means the person registering any pesticide or device under the provisions of this chapter.

(30) "Restricted-use pesticide" means any pesticide, including highly toxic pesticides, that the department or the environmental protection agency has found and determined to be injurious, when used in accordance with registration, label, directions, and cautions, to persons, beneficial insects, animals, crops, or the environment other than the pests it is intended to prevent, destroy, control, or mitigate.

(31) "Retailer" means a person who sells, offers or exposes for sale, exchanges, barters, or gives away within this state any pesticide for home, yard, lawn, and garden use in quantities or concentrations as determined by the department.

(32) "Waste pesticide" means a pesticide that:

(a) may not be used legally because the environmental protection agency or the department has canceled or suspended the pesticide's registration or has taken other administrative action to prohibit use of the pesticide;

(b) will not be used for reasons including but not limited to product damage, toxicity, or obsolescence; or

(c) cannot be disposed of in a legal or economically feasible manner.

(33) "Weed" means any plant or part of the plant that grows where it is not wanted.
Mont. Code Ann. § 80-8-211 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-211
80-8-211 Revocation of licenses and permits
Status: in_force

80-8-211 . Revocation of licenses and permits. (1) The department shall establish the policy and procedures on the revocation of licenses or permits. The department may refuse to grant or renew or may revoke or modify a license or permit, as the case may require, when the department is satisfied that the licensee or permittee is not qualified to sell, use, or apply pesticides under the conditions in the locality in which the licensee or permittee operates or has operated or that the licensee or permittee has committed any of the following acts, each of which is considered a violation of this chapter:

(a) made false or fraudulent claims or recommendations through any media misrepresenting the effect of materials or methods to be used;

(b) applied or sold unapproved or illegal materials or applied or sold a pesticide without possessing a current and appropriate license or permit;

(c) operated in a faulty, careless, or negligent manner;

(d) operated faulty or unsafe equipment;

(e) refused or neglected to comply with the provisions of this chapter, rules adopted under this chapter, or any lawful order of the department;

(f) refused or neglected to keep and maintain the records required by this chapter or to make reports when and as required;

(g) made false or fraudulent records or reports;

(h) operated equipment for the commercial application of a pesticide without having a license or permit;

(i) used fraud or misrepresentation in making an application for a license or permit or renewal of a license or permit;

(j) used or applied a registered pesticide inconsistent with its labeling or the label or the department restrictions on the use of that pesticide;

(k) made false or misleading statements in connection with a pest inspection of land, crops, yards, or any premises in an attempt to induce any person to engage the licensee's or permittee's services to eliminate, control, or mitigate the alleged pest or made false or misleading statements concerning the effectiveness of any pesticide or its application;

(l) failed to satisfy a judgment entered against the licensee or permittee as a result of a complaint concerning the use of a pesticide.

(2) Decisions of the department relating to the issuing of licenses or permits may be appealed.
Mont. Code Ann. § 80-4-428 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-428
80-4-428 Penalty for operating without license -- misrepresentation
Status: in_force

80-4-428 . Penalty for operating without license -- misrepresentation. (1) A person acting as a warehouse operator or a commodity dealer without a license or in any way representing by action or words that the person is a warehouse operator or a commodity dealer when not licensed violates the provisions of Title 80, chapter 4, parts 5 and 6, is guilty of a felony, and is punishable by imprisonment for not more than 10 years or by a fine of not more than $10,000, or both.

(2) A person who issues or aids in the issuance of a fraudulent receipt for any commodity is guilty of a felony and is punishable by imprisonment for not more than 10 years or by a fine of not more than $10,000, or both.

(3) A person who knowingly submits false information to or who knowingly withholds information from the department when that information is required to be submitted is guilty of a felony.

(4) (a) A person who violates any provision of this section is subject to an administrative civil penalty of not more than $100,000 for each transaction in violation.

(b) 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 subsection (4). 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 penalties provided for in this section until the rules are adopted.

(c) Funds received in the form of civil penalties must be deposited in the general fund.
Mont. Code Ann. § 80-8-107 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-107
80-8-107 Notice -- public information
Status: in_force

80-8-107 . Notice -- public information. (1) As used in this section, the following definitions apply:

(a) "Building operator" means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building that is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager.

(b) "Public building" means a building that is owned or leased by a public agency, as defined in 18-1-101 , and that is open to the public, including but not limited to:

(i) a building that is used for educational, office, or institutional purposes; or

(ii) a library, museum, school, hospital, auditorium, dormitory, or university building.

(2) The building operator who for indoor treatment personally applies or who contracts for or orders the application of a pesticide, excluding an antimicrobial, a disinfectant, a sanitizer, a pest bait, paste, or gel, or other pesticide that is designated by the department pursuant to 80-8-212 for retail sale, shall post a notice at each access to the public building or, if only a room has been treated, at each access to the room in a manner that allows the notice to be read before entering the building or room. However, if a room from which a heating or air-conditioning system draws air has been treated, the notice required by this section must be posted at each access to the public building. The notice must:

(a) be permanently displayed if the pesticide is applied on a regular basis;

(b) be posted at the time of the application if the pesticide is not applied on a regular basis;

(c) contain the name of the pesticide applied; and

(d) contain the phone number at which a person may obtain information, the label, and the material safety data sheet on the pesticide applied.

(3) The applicator or building operator may not remove a notice posted pursuant to this section until the pesticide is dry or the reentry interval stated on the pesticide label has expired, whichever is later.

(4) A building operator shall keep, for 2 years, records of the pesticide applications and the material safety data sheet for each pesticide.

(5) A local government may not adopt standards that are more stringent than the standards established in subsections (2) through (4).

(6) (a) Except as provided in Title 80, chapter 15, the department may, alone or in cooperation with other state or federal agencies, publish information regarding aspects of the use and application sections or registration sections of this chapter. This information may not disclose operations of selling, production, or use of pesticides by any person.

(b) When designating a pesticide as a state restricted-use pesticide, the department shall list the state restricted-use pesticide by rule.
Mont. Code Ann. § 80-11-1001 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1001
80-11-1001 Definitions
Status: in_force

80-11-1001 . Definitions. As used in this part, the following definitions apply:

(1) "Committee" means the Montana pulse crop committee provided for in 2-15-3007 .

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

(3) "Net receipts" means the net weight multiplied by the price paid to the producer.

(4) "Producer" means a person or landowner who is personally engaged in growing or producing pulse crops, a tenant of the landowner who is personally engaged in growing or producing pulse crops, or both the landowner and the tenant jointly. The term includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and all other business units, devices, and arrangements.

(5) "Pulse crops" means dry peas, lentils, chickpeas, and fava beans.
Mont. Code Ann. § 80-11-310 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-310
80-11-310 Deposit and disbursement of funds -- investment
Status: repealed

80-11-310 . (Temporary) Deposit and disbursement of funds -- investment. (1) As soon as possible after receipt, all money received by the department from the assessment levied under 80-11-307 (repealed by section 5, Chapter 426, Laws of 2025) and all other money received must be deposited in the alfalfa seed account in the state special revenue fund.

(2) (a) All money referred to in subsection (1) may be appropriated to the committee and may be used only for the payment of expenses incurred in carrying out the provisions of Title 80, chapter 6, part 11, and this part.

(b) The committee may transfer money from the account to the alfalfa leaf-cutting bee account provided for in 80-6-1109 .

(c) The committee may be assessed costs by the department for the services it provides upon request or pursuant to 2-15-121 . The costs charged must have a substantial relationship to the cost of services supplied.

(3) Money received under 80-11-312 , 80-11-313 , and this section that is not immediately required for the purposes of Title 80, chapter 6, part 11, and this part must be invested under provisions of the unified investment program established in Title 17, chapter 6, part 2. The income from the investment must be deposited in the alfalfa seed account in the state special revenue fund.

(4) Money received under 80-11-312 , 80-11-313 , and this section may be appropriated to the committee for the purposes of Title 80, chapter 6, part 11, and this part. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-5-604 — MT Code / Title 80 / Chapter 5 / Part 6 / Section 80-5-604
80-5-604 Mediation required before judicial action
Status: in_force

80-5-604 . Mediation required before judicial action. (1) Except as provided in subsection (8), a claimant shall seek mediation before seeking judicial relief regarding a claim that a grower has planted, grown, or retained seed or any plant part from a protected plant in violation of the intellectual property rights of another person.

(2) The claimant shall notify the grower by certified mail and shall also advise the department of the intellectual property claim.

(3) (a) A mediator chosen pursuant to this section must:

(i) be selected and agreed upon by the claimant and the grower;

(ii) be an attorney; and

(iii) possess the necessary skills and qualifications to be a mediator.

(b) Preference must be given to attorneys with experience in intellectual property claims.

(4) (a) The department shall maintain a list of qualified mediators willing to perform mediation under this part. Both parties to an action may suggest names of a mediator as soon as the grower and the department are notified of the claim. The parties are not limited to using mediators from the department's list.

(b) The parties shall exercise good faith and diligence in selection of the mediator. If the parties exercise good faith and diligence and are unable to agree upon a mediator within 90 days of notice to the grower, either party may seek judicial relief.

(5) (a) The selected mediator shall schedule mediation to begin within 30 days at a location agreeable to both parties. The parties shall conclude mediation within 30 days of commencement of mediation unless the parties agree to a longer mediation period.

(b) The parties shall share equally in the costs of the mediator and mediation unless a different cost-sharing arrangement is agreed to by the parties.

(6) A mediation that results in agreement between the claimant and the grower must be documented by the mediator and signed by an authorized representative of each party. The mediator shall retain an original copy of the signed agreement. The agreement is binding upon the claimant and the grower.

(7) The deliberations and the outcome of the mediation may not be made public unless agreed to by the grower and the claimant.

(8) The requirement for mediation does not apply to a claimant seeking judicial relief to conduct sampling pursuant to 80-5-603 and may not be used to delay the ability of a claimant or grower to obtain samples. An action filed to secure evidence following a grower's refusal to allow entry does not violate the mediation requirements of this section.
Mont. Code Ann. § 80-10-207 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-207
80-10-207 Fees
Status: in_force

80-10-207 . Fees. (1) (a) Each in-state manufacturer or out-of-state supplier shall pay to the department fees on all commercial fertilizer distributed in this state, except specialty fertilizers and unmanipulated animal or vegetable manures. Sales to manufacturers or exchanges between manufacturers are exempt. The fees are as follows:

(i) 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 20 cents per ton or more than 25 cents per ton. A change in fee becomes effective on the first day of a reporting period. All in-state manufacturers and out-of-state suppliers of nonexempt products must be given notice of a change in fees before the effective date.

(ii) The department may by rule adjust the anhydrous ammonia inspection fee to maintain adequate funding for the administration and enforcement of part 5 of this chapter. The fee may not be less than 65 cents per ton or more than $1.30 per ton. A change in fee becomes effective on the first day of a reporting period. All in-state manufacturers and out-of-state suppliers of anhydrous ammonia must be given notice of a change in fees before the effective date of the fee adjustment.

(iii) The assessment fee prescribed in 80-10-103 must be used to fund educational and experimental programs as provided in 80-10-103 through 80-10-106 .

(b) If fertilizer material or soil amendment is added to fertilizer for which a fee has been paid under subsection (1)(a), a fee is due only on the fertilizer material or soil amendment for which a fee has not been paid.

(c) Fees must be paid only if they total more than $5 in a reporting period.

(2) There must be paid to the department on all soil amendments distributed in this state an inspection fee of 10 cents per ton subject to the following provisions:

(a) sales to manufacturers or exchanges between them are exempt; and

(b) when less than 50 tons of a registered soil amendment is sold in a reporting period, no payment is due.

(3) (a) (i) Each licensee who distributes a soil amendment or commercial fertilizer, except specialty fertilizer and unmanipulated animal or vegetable manures, to an unlicensed person in this state shall file with the department on forms approved by the department a semiannual tonnage statement for the reporting periods ending June 30 and December 31. This tonnage statement must indicate the number of net tons of each commercial fertilizer and soil amendment distributed in this state during the 6-month period. The tonnage statement is due on or before the 30th day of the month following the close of each period 30 days after the last day of the reporting period. There are no fees associated with the semiannual tonnage statement.

(ii) Each in-state manufacturer and out-of-state supplier who distributes a soil amendment or commercial fertilizer in this state to a person regardless of license status, except specialty fertilizer and unmanipulated animal or vegetable manures, shall file with the department on forms approved by the department an inspection fee statement for each of the reporting periods ending June 30 and December 31. The inspection fee statement must indicate the number of net tons of each commercial fertilizer and soil amendment distributed in this state during the reporting period and to whom it was distributed. The report is due 30 days after the last day of the reporting period. The in-state manufacturer or out-of-state supplier shall pay the fees set forth in subsection (1) at that time.

(b) If the inspection fee statement required by subsection (3)(a) is not filed and the payment of fees is not made within 30 days after the end of the reporting period, a late fee of 10% on the amount due but not less than $25 must be assessed against the in-state manufacturer or out-of-state supplier. The amount of fees due constitutes a debt and becomes the basis of a judgment against the in-state manufacturer or out-of-state supplier.

(4) Except as provided in subsection (5), all fees collected for licenses, registration, and inspection and money collected as penalties must be deposited in the state treasury to the credit of the state special revenue fund for the purpose of administering this chapter, including the cost of equipment and facilities and the cost of inspecting, analyzing, and examining commercial fertilizer and soil amendments manufactured or distributed in this state. Reserve funds may be invested by the department with interest credited to the state special revenue fund.

(5) All fees collected under subsection (1)(a)(ii) must be deposited in the state treasury to the credit of the state special revenue fund, anhydrous ammonia account, for the administration and enforcement of part 5 of this chapter and the rules adopted under part 5. The department may direct the board of investments to invest the funds collected under subsection (1)(a)(ii) pursuant to the provisions of 17-6-201 . The income from the investment must be deposited in the anhydrous ammonia account in the state special revenue fund.
Mont. Code Ann. § 80-4-538 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-538
80-4-538 Warehouse shortage -- remedies
Status: in_force

80-4-538 . Warehouse shortage -- remedies. (1) For purposes of this section, whenever a warehouse operator stores agricultural commodities of different kinds, a receipt holder has a claim against all commodities in storage, regardless of their kind, under the warehouse operator's receipt.

(2) Whenever it appears, after an investigation, that a warehouse operator does not have in the warehouse operator's possession sufficient agricultural commodities to cover the outstanding warehouse receipts, scale weight tickets, or other evidence of storage liability issued or assumed by the warehouse operator or when a warehouse operator refuses to submit the warehouse operator's books, papers, or property to lawful inspection, the department may give notice to the warehouse operator to comply with the following requirements:

(a) to cover the shortage;

(b) to give an additional bond as requested by the department; or

(c) to submit to an inspection as the department considers necessary.

(3) If the warehouse operator fails to comply with the terms of the notice within 24 hours from the date of issuance of the notice or within a further time as the department may allow, the department may petition the district court of the first judicial district, Lewis and Clark County, or the district court in the county where the licensee's principal place of business is located, as shown by the license application, for an order:

(a) authorizing the department to seize and take possession of any or all agricultural commodities in the warehouse or warehouses owned, operated, or controlled by the warehouse operator and of all books, papers, and property of all kinds used in connection with the conduct or the operation of the warehouse business and any materials that pertain in any way to that business; and

(b) enjoining the warehouse operator from interfering with the department in the discharge of its duties as required by this part.

(4) Upon taking possession, the department shall give written notice of its action to the surety on the bond of the warehouse operator and may notify the holders of record, as shown by the warehouse operator's record, of all warehouse receipts or scale weight tickets issued for agricultural commodities to present their warehouse receipts or other evidence of deposits for inspection or to account for the receipts or evidence of deposits. The department may cause an audit to be made of the affairs of the warehouse, including but not limited to the agricultural commodities of which there is an apparent shortage, to determine the amount of shortage and, if possible, to compute the shortage as to each depositor as shown by the warehouse operator's records. The department shall notify the warehouse operator and the surety on the bond of the amount of the shortage and notify each affected depositor by sending notices to the depositor's last-known address as shown by the records of the warehouse operator.

(5) The department shall retain possession of the agricultural commodities in the warehouse or warehouses and the books, papers, and property of the warehouse operator until:

(a) the warehouse operator or the surety on the bond has satisfied the claims of all holders of warehouse receipts or other evidence of deposits;

(b) the surety on the bond has satisfied all claims pro rata, if the shortage exceeds the amount of the bond; or

(c) the department is ordered by the court to surrender possession.

(6) If during or after the audit provided for in this section or at any other time the department has evidence that the warehouse operator is insolvent or is unable to satisfy the claims of all holders of warehouse receipts or other evidence of deposits, the department may petition the first judicial district court for the appointment of the department to operate or liquidate the business of the warehouse.

(7) At any time within 10 days after the department takes possession of any agricultural commodities or the books, papers, or property of any warehouse, the warehouse operator may serve notice on the department to appear in the first judicial district court at a time to be fixed by the court, and show cause why the agricultural commodities, books, papers, and other property should not be restored to the warehouse operator's possession.

(8) All necessary expenses incurred by the department in carrying out the provisions of this section may be recovered at the discretion of the department from the assets of the licensee, from the agricultural commodities held by the licensee under warehouse receipt, or in a separate civil action brought by the department in the first judicial district court.

(9) As a part of the expenses incurred, the department is authorized to include the cost of adequate liability insurance necessary to protect the department, its officers, and others engaged in carrying out this part.

(10) The department shall set by rule the time limits for:

(a) notification of its action on the surety bond of a warehouse operator;

(b) the holders of warehouse receipts or scale weight tickets to provide to the department evidence of deposit; and

(c) satisfaction of the claims of all holders of warehouse receipts or other evidence of deposits.
Mont. Code Ann. § 80-9-102 — MT Code / Title 80 / Chapter 9 / Part 1 / Section 80-9-102
80-9-102 Administration
Status: in_force

80-9-102 . Administration. This chapter shall be administered by the Montana department of agriculture.
Mont. Code Ann. § 80-2-201 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-201
80-2-201 Powers and duties of board of hail insurance
Status: in_force

80-2-201 . Powers and duties of board of hail insurance. The board of hail insurance provided for in 2-15-3003 :

(1) shall hold meetings when necessary for the conduct of its business;

(2) may adopt rules for the administration of this part;

(3) shall prescribe blank forms for all purposes necessary, proper, and incidental to the effective operation and enforcement of this part; and

(4) shall use any appropriate means of communication to inform Montana producers of the purposes, scope, and benefits of this part in furnishing protection against loss by hail at the actual cost of the risk to all persons who may elect to become subject to the provisions of this part.
Mont. Code Ann. § 80-7-1201 — MT Code / Title 80 / Chapter 7 / Part 12 / Section 80-7-1201
80-7-1201 Invasive species council -- purpose
Status: in_force

80-7-1201 . Invasive species council -- purpose. The purpose of the invasive species council is to advise the governor on a science-based, comprehensive program to identify, prevent, eliminate, reduce, and mitigate invasive species in Montana and to coordinate with public and private partners to develop and implement statewide invasive species strategic plans.
Mont. Code Ann. § 80-7-1005 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1005
80-7-1005 Cooperative agreement for invasive species detection and control
Status: in_force

80-7-1005 . Cooperative agreement for invasive species detection and control. (1) In order to implement, administer, and accomplish the purposes of this part, the departments, collectively or individually, shall enter into a cooperative agreement with each other or may enter into an agreement with any person with the appropriate expertise and administrative capacity to perform the obligations of the agreement.

(2) Prior to entering an agreement with a person other than a department, the departments shall work in collaboration with each other to coordinate their respective responsibilities in order to further the purposes of this part.

(3) A cooperative agreement may include provisions for funding to implement the agreement.
Mont. Code Ann. § 80-15-201 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-201
80-15-201 Ground water standards
Status: in_force

80-15-201 . Ground water standards. (1) The department of environmental quality shall adopt standards and, as applicable, interim numerical standards for agricultural chemicals in ground water. The standards must be the same as any promulgated or nonpromulgated federal standard established by EPA, although the department of environmental quality may determine, pursuant to the requirements of subsection (4), that an interim numerical standard different from either a promulgated or nonpromulgated federal standard is justified. Promulgated federal standards must receive preference. Except as provided in subsections (3) and (4), if more than one nonpromulgated federal standard exists for an agricultural chemical, the department of environmental quality must adopt the most recently established nonpromulgated federal standard.

(2) The department of environmental quality is not required to adopt a standard or interim numerical standard for each agricultural chemical registered in the state. The only standards and interim numerical standards required are for those agricultural chemicals:

(a) that are addressed by promulgated and nonpromulgated federal standards;

(b) the presence of which has been verified in ground water as provided in 80-15-202 ; or

(c) that the department and the department of environmental quality predict may appear in ground water, in accordance with the procedures and determinations specified in 80-15-202 and 80-15-203 .

(3) If a promulgated federal standard has not been adopted or a nonpromulgated federal standard has not been published for an agricultural chemical for which the department of environmental quality is required to establish a standard or interim numerical standard as specified in subsections (2)(b) and (2)(c), the department of environmental quality shall request EPA to establish a promulgated or nonpromulgated federal standard. If the department of environmental quality determines that EPA cannot comply with the request within 15 days, the department of environmental quality shall adopt an interim numerical standard, provided that the department of environmental quality shall review the interim numerical standard whenever EPA adopts a promulgated federal standard or publishes a nonpromulgated federal standard for the agricultural chemical in question.

(4) The department of environmental quality may adopt an interim numerical standard that is different from either a promulgated or nonpromulgated federal standard if there is significant new and relevant technical information available that is scientifically valid. The department of environmental quality shall review the interim numerical standard when EPA establishes or revises the promulgated or nonpromulgated federal standard for the agricultural chemical in question.

(5) The department of environmental quality shall consider the following in adopting any interim numerical standard under either subsection (3) or (4):

(a) effects on a person weighing 70 kilograms and drinking 2 liters of water per day over a lifetime; and

(b) EPA's conclusions regarding the no observable effect level, including the margin of safety identified by EPA, when scientific data indicates oncogenic potential for the agricultural chemical and EPA has determined that a numerical risk assessment is not justified, is inappropriate, or does not serve as the primary toxicological basis for regulation.

(6) Nothing in this section may interfere with the department of environmental quality's responsibility to adopt rules and standards under Title 75, chapter 6.
Mont. Code Ann. § 80-10-210 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-210
80-10-210 Licensee reports -- confidentiality -- inspection -- failure to file
Status: in_force

80-10-210 . Licensee reports -- confidentiality -- inspection -- failure to file. (1) Information contained in the reports required by 80-10-207 (3) shall be held confidential by the department. Summary data published by the department shall be in a form that will not disclose details of any operation or business.

(2) The department may inspect and audit, during normal business hours, each licensee's records for the purpose of verifying tonnage reports.

(3) Failure to file an accurate report constitutes a violation of this chapter and may be punished by fine, revocation of license, or both.
Mont. Code Ann. § 80-7-133 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-133
80-7-133 Acts made unlawful -- penalty
Status: in_force

80-7-133 . Acts made unlawful -- penalty. (1) It is unlawful for a firm, nursery, plant dealer, or landscape service to:

(a) fail to properly identify nursery stock offered for sale. Identification must include but is not limited to the scientific name, common name, and variety, except with regard to mixed annual plantings. Each nursery plant offered for sale as a separate plant must be identified. A single means of identification is allowed on each bundle of bare root seedlings, liners, or hedging grade nursery stock.

(b) falsely represent or misrepresent the name, age, variety, or class of any nursery stock sold or offered for sale;

(c) falsely represent or state that any nursery stock offered for sale, sold, or delivered was grown in a certain location, when in fact the nursery stock was grown in another location;

(d) deceive or defraud any firm in the sale of any nursery stock by substituting inferior or different varieties or ages from those ordered;

(e) bring into this state, offer for sale or distribution within this state, or ship, sell, or deliver upon any sale any nursery stock that is infected or infested with a plant pest dangerous to the agricultural or horticultural interests of the state or that violates any federal or state quarantine; or

(f) sell or distribute nursery stock, cut decorative plants, or aquatic plants declared to be noxious weeds as defined in 7-22-2101 .

(2) In case of misrepresentation, false representation, deceit, fraud, substitution, or sale and distribution of noxious weeds, the firm, nursery, plant dealer, or landscape service is subject to punishment as provided in 80-7-135 and is liable to a party damaged or injured to the extent of all damages sustained, which may be recovered in a civil action in any court of competent jurisdiction.
Mont. Code Ann. § 80-5-124 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-124
80-5-124 Exemptions
Status: in_force

80-5-124 . Exemptions. (1) The labeling requirements in 80-5-123 and the prohibitions in 80-5-134 do not apply to:

(a) seed or grain that is not intended for sowing purposes;

(b) seed in storage in or being transported or consigned to a cleaning or processing establishment for cleaning or processing if:

(i) the invoice or labeling accompanying that seed bears the statement "seeds for processing"; and

(ii) any labeling or representation made with respect to the uncleaned or unprocessed seed is subject to this chapter; and

(c) a carrier in respect to seed transported or delivered for transportation in the ordinary course of its business as a carrier, as long as the carrier is not engaged in producing, processing, or marketing seed that is subject to the provisions of this chapter.

(2) A person is not subject to the penalties in 80-5-136 for selling or offering for sale seeds subject to the provisions of this chapter that were incorrectly labeled or represented as to kind, species and subspecies (if appropriate), variety, type, origin, elevation, or year of collection (if required) when the seed cannot be identified by examination, unless the person has failed to obtain an invoice, genuine grower declaration, or other labeling information and has failed to take reasonable precautions to ensure the identity of the seeds. A genuine grower declaration of variety is considered an affirmation that the grower holds records of proof regarding parent seed, such as invoices and labels.
Mont. Code Ann. § 80-8-208 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-208
80-8-208 Dealer's examination
Status: in_force

80-8-208 . Dealer's examination. Each applicant applying for a dealer's license and the applicant's employees in charge of pesticide sales must be required to pass a reasonable examination administered by the department. Dealers applying for relicensing may not be required to take an additional examination if they have met the department's requirements.
Mont. Code Ann. § 80-4-501 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-501
80-4-501 License necessary to operate public warehouse
Status: in_force

80-4-501 . License necessary to operate public warehouse. (1) A person may not act as a warehouse operator without first having obtained an annual license from the department. This requirement and other requirements in parts 4 through 6 that regulate the activities of a warehouse operator do not apply to operators of warehouses that are federally licensed under the United States Warehouse Act. However, if a federally licensed warehouse operator engages in business as a commodity dealer, the provisions of parts 4 through 7 apply to the commodity dealer activity.

(2) If a warehouse operator operates two or more warehouses in the same city or immediately adjacent to the city or in the same immediate area, in conjunction with each other and with the same workforce, if one set of books and records is kept for all the warehouses, cash slips, scale weight tickets, and warehouse receipts, and if checks of one series are used for agricultural commodities stored in the warehouse, only one warehouse operator's license is required for the operation of all the warehouses.
Mont. Code Ann. § 80-5-503 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-503
80-5-503 Commencement of legal action -- evidence
Status: in_force

80-5-503 . Commencement of legal action -- evidence. (1) The buyer or the seller may commence legal proceedings against the other party or assert a claim as a counterclaim or defense in an action brought by the seller or buyers after the receipt of the report of alternative dispute resolution as provided in 80-5-507 .

(2) In litigation involving a complaint that has been subject to alternative dispute resolution under this part, a party may introduce the report of alternative dispute resolution as evidence of the facts found in the report. The court may give weight to the alternative dispute resolution council's findings and conclusions of law and recommendations regarding damages and costs. The court may also take into account any findings of the council with respect to the failure of a party to cooperate in the alternative dispute resolution proceedings, including findings regarding the effect that a delay in filing the alternative dispute resolution claim may have had upon the council's ability to determine the facts of the case.
Mont. Code Ann. § 80-4-429 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-429
80-4-429 Penalty
Status: in_force

80-4-429 . Penalty. (1) Except as otherwise provided, a person who violates any provision of parts 4 through 7 of this chapter or rules promulgated under parts 4 through 7 or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or an authorized representative in the performance of a duty under parts 4 through 7 of this chapter is guilty of a misdemeanor.

(2) A person who refuses to permit inspection of licensed premises, books, accounts, records, or other documents required by parts 4 through 7 of this chapter or who uses a scale weight ticket or purchase contract that fails to satisfy the requirements of parts 4 through 7 of this chapter is guilty of a misdemeanor.

(3) A person acting as a commodity dealer or warehouse operator who knowingly sells warehouse-receipted agricultural commodities that the person is not authorized to sell or who fails to pay for purchased agricultural commodities is guilty of a felony.

(4) A person exempted from licensure as a commodity dealer under the provisions of 80-4-402 (5)(b)(vi) who fails to pay in full all amounts due to a producer for the sale of agricultural commodities is guilty of a felony and is also subject to any additional administrative penalty authorized by this chapter.

(5) A person is guilty of a felony if that person knowingly delivers to a commodity dealer or warehouse operator or upon the exercise of reasonable diligence should have known of the delivery to that person of an agricultural commodity that contains:

(a) a nitrogen fertilizer added to harvested grain;

(b) a poisonous, deleterious, or other substance not registered or approved by federal or state statutes, regulations, or rules; or

(c) a registered or approved substance that has not been used or applied according to label directions or other government standards.

(6) (a) A person who violates any provision of this section is subject to an administrative civil penalty of not more than $100,000 for each transaction in violation.

(b) 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 subsection (6). 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 penalties provided for in this section until the rules are adopted.

(c) Funds received in the form of civil penalties must be deposited in the general fund.
Mont. Code Ann. § 80-4-411 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-411
80-4-411 Employment of assistants
Status: in_force

80-4-411 . Employment of assistants. The department is authorized to employ qualified persons not regularly in the service of the state for temporary assistance in carrying out the provisions of parts 4 through 7 of this chapter.
Mont. Code Ann. § 80-15-214 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-214
80-15-214 Contents of specific agricultural chemical ground water management plan
Status: in_force

80-15-214 . Contents of specific agricultural chemical ground water management plan. (1) A specific agricultural chemical ground water management plan must include:

(a) requirements to prevent ground water impairment that are based on ground water use, value, and vulnerability and that address all applicable aspects of agricultural chemical use; and

(b) requirements to prevent or minimize further presence of the agricultural chemical in the ground water and to provide protection for the present and future beneficial use of the ground water.

(2) A specific agricultural chemical ground water management plan may include but is not limited to the following elements:

(a) identification of geographical areas where an agricultural chemical may be used;

(b) ground water, soil, meteorological, and geological characteristics;

(c) best management plans and best management practices;

(d) identification of high-priority ground water;

(e) certification, licensing, training, and education requirements for persons using agricultural chemicals;

(f) identification of setback areas around water wells where certain activities may be restricted;

(g) agricultural chemical application rates and timing and related use criteria;

(h) alternative pest management techniques, including integrated pest management;

(i) other requirements for pesticides, as set forth in Title 80, chapter 8, and related rules, and for fertilizers, as set forth in Title 80, chapter 10, and related rules;

(j) EPA requirements; and

(k) alternative soil fertility practices.
Mont. Code Ann. § 80-11-601 — MT Code / Title 80 / Chapter 11 / Part 6 / Section 80-11-601
80-11-601 State organic certification program -- administration by department
Status: in_force

80-11-601 . State organic certification program -- administration by department. (1) There is a state organic certification program administered by the department of agriculture.

(2) The department may adopt rules as necessary to implement the program consistent with organic regulations and trade laws of the United States and other markets.

(3) The department shall seek input from the Montana organic association, producers, handlers, processors, and others in the community on a regular basis as to the need of the certification program, research, markets, and other matters concerning organics.

(4) A state organic certification program may not be construed to apply to organic producers, processors, and handlers certified solely by other organic certification programs, whether public, private, foreign, or domestic, nor may the state organic certification program prohibit those other certifying organizations from certifying and collecting fees from organic producers, processors, handlers, or any other commercial entity in Montana. Organic producers, processors, and handlers may be certified under both the state organic certification program and programs administered by other certifying organizations.
Mont. Code Ann. § 80-1-101 — MT Code / Title 80 / Chapter 1 / Part 1 / Section 80-1-101
80-1-101 Definition
Status: in_force

80-1-101 . Definition. Unless the context requires otherwise, in this title "department" means the department of agriculture provided for in Article XII, section 1, of the Montana constitution and in Title 2, chapter 15, part 30.
Mont. Code Ann. § 80-11-901 — MT Code / Title 80 / Chapter 11 / Part 9 / Section 80-11-901
80-11-901 Montana food and agricultural development program -- definition
Status: in_force

80-11-901 . Montana food and agricultural development program -- definition. (1) There is a program administered by the agriculture development council provided for in Title 90, chapter 9, to promote Montana food and agricultural development. The program must provide grant funding for Montana food and agricultural development centers that are charged with:

(a) developing Montana's capacity to produce food and value-added agricultural products, including farm-derived renewable energy, commodity processing infrastructure, and emerging technologies intended to diversify, add value, or enhance economic growth opportunities for Montana's agricultural economy; and

(b) providing technical assistance and other services to community-based food, agriculture, technology, and farm-derived renewable energy entrepreneurs.

(2) Technical assistance includes but is not limited to business assistance, product development, marketing, nutritional analysis and labeling, education, assistance with food safety regulation compliance, training to educate business professionals and entrepreneurs on industry dynamics and technology of specific bioproduct industries, and evaluating existing and developing technologies.

(3) Each center must be a nonprofit organization and shall coordinate with other state-funded programs in order to not duplicate state assistance.

(4) As used in this section, "farm-derived renewable energy" means renewable energy produced from products developed by farmers and ranchers, as well as entrepreneurs, using Montana farm and ranch products.
Mont. Code Ann. § 80-7-815 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-815
80-7-815 Noxious weed emergency
Status: in_force

80-7-815 . Noxious weed emergency. (1) The governor may declare a noxious weed emergency if:

(a) a new and potentially harmful noxious weed is discovered growing in the state and is verified by the department; or

(b) the state is facing a potential influx of noxious weeds as the result of a natural disaster.

(2) In the absence of necessary funding from other sources, the principal of the noxious weed management trust fund may be appropriated as provided in 80-7-814 to government agencies for emergency relief to eradicate or confine the new noxious weed species or to protect the state from an influx of noxious weeds due to a natural disaster.
Mont. Code Ann. § 80-1-303 — MT Code / Title 80 / Chapter 1 / Part 3 / Section 80-1-303
80-1-303 Terminated
Status: in_force

80-1-303 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 80-11-513 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-513
80-11-513 Elimination of commodity research and market development program -- petition -- hearing
Status: in_force

80-11-513 . Elimination of commodity research and market development program -- petition -- hearing. The department shall eliminate a commodity research and market development program subject to the following:

(1) After 2 years from the date on which a commodity research and market development program is adopted, the department may, upon its own accord or upon receipt of a verified petition from 15% or more of the growers or producers of a commodity requesting elimination of a research and market development program, call a hearing to determine if the program should be eliminated. The format, information required, and criteria of valid petitions must be established by department rule.

(2) After considering the facts and information received at the hearing, the department may, within 60 days of the hearing, hold a referendum of affected growers and producers. The referendum must be by paper ballot mailed to the last-known address of known growers and producers of the relevant commodity, obtained from lists provided by the petitioner and other sources known to the department. To be eligible to vote on a referendum, an individual must be a producer who is 18 years of age or older and a Montana resident.

(3) Based on a majority referendum vote in favor of elimination, the department shall repeal all rules and administrative procedures and policies associated with the relevant commodity research and market development program and dissolve the associated advisory committee.

(4) All funds of a former commodity research and market development program remaining in the account established in 80-11-518 revert to the general fund.
Mont. Code Ann. § 80-15-302 — MT Code / Title 80 / Chapter 15 / Part 3 / Section 80-15-302
80-15-302 Special funding
Status: in_force

80-15-302 . Special funding. (1) A fee of $95 is assessed for the registration of pesticides in addition to the fee imposed by 80-8-201 .

(2) The money collected from the registration fee established by subsection (1) must be deposited in the state special revenue fund as follows:

(a) Each of the following state agencies must be credited $15,000 for purposes of administering or assisting the department in administering this chapter:

(i) department of environmental quality; and

(ii) Montana state university-Bozeman extension service.

(b) The department must be credited with the remainder of the registration fee money to use in administering this chapter.

(3) A fee of $10 is assessed for the registration of fertilizers in addition to the fees imposed by 80-10-201 (1)(a)(i) and (1)(a)(ii). The additional fee must be used for the ground water protection responsibilities of the department relating to fertilizers. Revenues collected from this fee must be credited to the commercial fertilizer agricultural chemical ground water account within the state special revenue fund for the administration of this chapter.

(4) The department may direct the board of investments to invest the portion of the money collected under this section that is credited to the department pursuant to the provisions of 17-6-201 . The income from the investments must be deposited in the state special revenue fund and credited to the department.
Mont. Code Ann. § 80-4-612 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-612
80-4-612 Commodity dealer defaults -- remedies
Status: in_force

80-4-612 . Commodity dealer defaults -- remedies. (1) If the department finds that a commodity dealer has failed to comply with the terms of a written contract or has failed to pay for a commodity purchase under an oral agreement in the manner and within the time provided in 80-4-608 , the department may petition the district court of the first judicial district, Lewis and Clark County, for an order authorizing the department to seize and take possession of:

(a) any agricultural commodities in the facilities owned, operated, or controlled by the commodity dealer;

(b) all books, papers, and property used in connection with the operation of the commodity dealer business; and

(c) any material that pertains in any way to that business.

(2) If during or after an audit or at any other time the department has evidence that the commodity dealer is insolvent or is unable to satisfy the claims of all commodity dealer creditors covered by the bond, the department may petition the district court of the first judicial district, Lewis and Clark County, for the appointment of the department to operate or liquidate the business of the commodity dealer.

(3) All necessary expenses incurred by the department in carrying out the provisions of this part may be recovered at the discretion of the department from:

(a) the bond;

(b) the assets of the licensee;

(c) the agricultural commodities delivered for purchase but not yet paid for; or

(d) in a separate civil action brought by the department in the first judicial district court.

(4) The department is authorized to include as part of the recoverable expenses the cost of adequate liability insurance necessary to protect the department, its officers, and others engaged in carrying out the provisions of this part.
Mont. Code Ann. § 80-6-1106 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1106
80-6-1106 Bee laboratory authorized
Status: in_force

80-6-1106 . Bee laboratory authorized. The department or its agent may develop and maintain a laboratory for the purpose of providing analytical services. The laboratory may be authorized by the department to provide services to persons possessing any bees or equipment on a fee-for-service basis.
Mont. Code Ann. § 80-14-202 — MT Code / Title 80 / Chapter 14 / Part 2 / Section 80-14-202
80-14-202 Terminated
Status: in_force

80-14-202 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-8-117 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-117
80-8-117 Pesticide cleanup special revenue account
Status: in_force

80-8-117 . Pesticide cleanup special revenue account. (1) There is a pesticide cleanup special revenue account in the state special revenue fund established in 17-2-102 .

(2) There must be deposited in the pesticide cleanup account any civil penalties collected under 80-8-306 .

(3) The funds must be used by the department for cleanup and associated costs when a responsible party cannot be identified and located or if the responsible party is unable or unwilling to clean up the pesticide contamination and there is an imminent need to protect agriculture, health, or the environment.

(4) Unencumbered and unexpended funds remaining in the pesticide cleanup account at the end of the fiscal year may not lapse but must be carried forward for the stated purpose unless appropriated by subsequent legislative action.

(5) If a responsible party is identified and located after expenditure of the funds in the pesticide cleanup account, the department may initiate recovery of the funds through a voluntary agreement or in district court.
Mont. Code Ann. § 80-8-212 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-212
80-8-212 Retail sale of pesticides -- education program
Status: in_force

80-8-212 . Retail sale of pesticides -- education program. (1) The department of agriculture is authorized to designate the pesticides that may be sold in this state at retail for home, yard, garden, and lawn use. Only pesticides so designated may be sold at retail. The department may also limit the retail sale of such designated pesticides to quantities up to a specific number of pounds or gallons and of such concentrations as would be sublethal to humans and animals if small amounts thereof were accidentally swallowed, inhaled, sprayed, or dusted on the skin.

(2) Subject to the availability of funds, the department and the Montana state university-Bozeman extension service shall enter into a cooperative agreement to establish an education program for retailers and the general public on pests, pesticides, and alternative control methods.
Mont. Code Ann. § 80-4-504 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-504
80-4-504 Bond of applicant for license -- additional bond -- additional obligations
Status: in_force

80-4-504 . Bond of applicant for license -- additional bond -- additional obligations. (1) Each applicant for a warehouse operator's license shall file a bond or its equivalent, as established by department rule, with the department. The bond must be in the form and must contain the terms and conditions that the department may prescribe by rule to carry out the purpose of 80-4-505 and this section.

(2) The department may demand an additional bond if the nature or volume of the business conducted by the warehouse operator warrants an increase.

(3) The warehouse operator may give a single bond to cover all warehouses operated by the operator.

(4) Any changes in the capacity of a warehouse or installation of any new warehouse involving a change in the bond liability under 80-4-505 must be reported in writing to the director, and an appropriate bond must be filed prior to the operation of the warehouse or installation.
Mont. Code Ann. § 80-8-105 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-105
80-8-105 Rules
Status: in_force

80-8-105 . Rules. (1) The department may adopt by reference without a public hearing regulations adopted under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. The department may, after a public hearing, adopt all rules necessary to carry out this chapter.

(2) The rules may prescribe methods of:

(a) registration, suspension or cancellation of registration, application, use or restricting use, prohibiting use, offering or exposing for sale of any pesticide;

(b) determining whether pesticides are highly toxic to humans;

(c) determining standards of coloring or discoloring for pesticides and subjecting pesticides to the requirements of 80-8-202 ;

(d) licensing commercial applicators, operators, and dealers, establishing methods of recordkeeping for applicators, operators, and dealers, and providing for the review of the records by the department's authorized agent and the submission of the records to the department upon written request;

(e) issuing farm applicator special-use permits and the maintenance and submission of records by farm applicators issued special-use permits;

(f) collection, examination, and standard deviation from guarantee analysis and umpire analysis of pesticides and devices;

(g) operating and maintaining equipment used by applicators;

(h) developing examinations which must be held periodically throughout the state;

(i) establishing the form and content of all applications for licenses and permits;

(j) designating pesticides that may be sold at retail for home, yard, garden, and lawn use. The department may also limit retail sale of pesticides, up to a specific number of pounds or gallons and concentration which would be sublethal to humans and animals if small amounts of it were accidentally swallowed, inhaled, sprayed, or dusted on the skin.

(k) revoking licenses and permits;

(l) registering or controlling any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or effect of that other pesticide, whether or not distributed in a package or container separate from that of a pesticide with which it is to be used;

(m) registering pesticide-fertilizer and other chemical blends or, instead of registration, establishing licensing, inspection, and fees for blending plants;

(n) establishing registration procedures for devices, with a fee not to exceed $5 per type of device, specifying classes of devices to be registered and providing for additional requirements;

(o) imposing conditions for renewal of dealer, applicator, and operator licenses and permits, including recertification training;

(p) establishing procedures for implementing and administering the civil penalties under 80-8-306 ;

(q) establishing fees for training courses and materials;

(r) establishing standards and procedures for administering a waste pesticide and pesticide container collection, disposal, and recycling program;

(s) establishing special fees on waste pesticides or pesticide containers collected under the waste pesticide and pesticide container collection, disposal, and recycling program. These fees may be based upon volume, type, classification, or other characteristics of a pesticide or a pesticide container and may include a credit for pesticide applicator, dealer, or operator license or permit fees.

(t) establishing standards for pesticide storage, pesticide mixing or loading sites, and bulk pesticide facilities.

(3) (a) Consistent with the provisions of Title 80, chapter 15, whenever the department finds that rules are necessary to carry out the purposes and intent of this chapter, the rules may relate to the time, place, manner, and method of registration, suspension or cancellation of registration, application, or selling of the pesticides, may restrict or prohibit use of pesticides in the state or in designated areas during specified periods of time, and must encompass all reasonable factors that the department considers necessary to prevent damage or injury to:

(i) persons, animals, crops, or pollinating insects from the effect of drift or careless application;

(ii) the environment;

(iii) plants, including forage plants;

(iv) wildlife;

(v) fish and other aquatic life.

(b) In issuing the rules, the department shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the federal government.

(4) If the department finds that an emergency exists which requires immediate action with regard to the registration, use, or application of pesticides, the department may, without notice or hearing, issue necessary orders or rules to protect the public health, welfare, and safety. An order or rule issued under this subsection is effective for the period prescribed by the Montana Administrative Procedure Act. If the department determines that the emergency order or rule should remain in effect, a public hearing under 80-8-106 must be held within the above period to determine whether the order or rule should be adopted by the department.

(5) All rules and orders issued by the department must be made in writing and must be available at the department for public inspection. Except for orders establishing or changing rules of practice and procedure, all orders made and published by the department must include and be based upon written findings of fact. A copy of any rule or order certified by the department must be received in evidence in all courts of this state with the same effect as the original.
Mont. Code Ann. § 80-12-306 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-306
80-12-306 Purchase of bonds -- cancellation
Status: in_force

80-12-306 . Purchase of bonds -- cancellation. The authority, subject to existing agreements with bondholders, may from any funds available for that purpose purchase bonds of the authority, which shall thereupon be canceled, at a price not exceeding:

(1) the current redemption price plus accrued interest to the next interest payment thereon, if the bonds are then redeemable; or

(2) the redemption price applicable on the first date after purchase upon which the bonds become subject to redemption plus accrued interest to that date, if the bonds are not then redeemable.
Mont. Code Ann. § 80-7-705 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-705
80-7-705 Weed management district program enhancement
Status: in_force

80-7-705 . Weed management district program enhancement. (1) On an annual basis, the department shall distribute equally among Montana's counties that have established a noxious weed fund the funds in the noxious weed state special revenue account, provided for in 80-7-816 , that were collected pursuant to 80-7-823 to be deposited in the county noxious weed fund as provided in 7-22-2141 . Any unused portion must revert to the department for deposit in the noxious weed management trust fund established in 80-7-811 .

(2) The weed management districts shall use the funds on a county level to enhance noxious weed management programs.
Mont. Code Ann. § 80-4-702 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-702
80-4-702 Qualifications of official agricultural commodity inspectors, samplers, and weighers
Status: in_force

80-4-702 . Qualifications of official agricultural commodity inspectors, samplers, and weighers. Official agricultural commodity inspectors, samplers, and weighers must be qualified in accordance with the Grain Standards Act. Official agricultural commodity inspectors, samplers, and weighers may not be directly or indirectly interested in the handling, sorting, shipping, purchasing, or selling of agricultural commodities, grain, or grain commodities.
Mont. Code Ann. § 80-15-403 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-403
80-15-403 Compliance orders
Status: in_force

80-15-403 . Compliance orders. (1) In furtherance of 80-15-402 , the department may issue a compliance order to a person who violates a standard, an interim numerical standard, or any other requirement established pursuant to this chapter. The department shall coordinate its proposed actions pursuant to this section with proposed actions of the department of environmental quality pursuant to 75-5-613 , if any. Issuance of a compliance order under this chapter precludes the department from taking other enforcement actions for the same violation under Title 80, chapter 8 or 10.

(2) (a) The department may issue a compliance order to a person who violates any requirement established pursuant to this chapter. This subsection does not apply:

(i) to commercial wood treatment facilities; or

(ii) when agricultural chemicals have caused or are likely to cause contamination of a public water supply system, as defined in 75-6-102 .

(b) The provisions of this subsection (2) 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.

(3) When issuing a compliance order, the department may require a person who has violated a provision of 80-15-402 to conduct monitoring to assist in determining the presence or level of concentration of an agricultural chemical in ground water and the effectiveness of cleanup efforts. The department shall specify criteria in the compliance order for determining the duration of monitoring.

(4) A compliance order must specify the requirement violated and must set a time for compliance. In establishing a time 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 personally by a person qualified to perform service under the Montana Rules of Civil Procedure or by certified mail.
Mont. Code Ann. § 80-4-703 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-703
80-4-703 Penalty for misconduct
Status: in_force

80-4-703 . Penalty for misconduct. (1) An official agricultural commodity inspector, sampler, or weigher who is guilty of neglect of duty, who knowingly or carelessly inspects, samples, or weighs agricultural commodities improperly, or who directly or indirectly accepts any money or other consideration for neglect of duty or improper performance of duty is guilty of official misconduct and is punishable as provided in 45-7-401 .

(2) A person who improperly influences or attempts to improperly influence an official agricultural commodity inspector, sampler, or weigher in the performance of the inspector's, sampler's, or weigher's duties is guilty of bribery and is punishable as provided in 45-7-101 .

(3) Upon conviction of an offense described in subsection (1), an official agricultural commodity inspector, sampler, or weigher must be removed by the department pursuant to procedures established by department rule.
Mont. Code Ann. § 80-7-105 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-105
80-7-105 Definitions
Status: in_force

80-7-105 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Firm" means an individual, company, partnership, association, or corporation.

(2) "Landscape service" means a firm that buys, sells, or resells nursery stock.

(3) "Nursery" means the business or location where nursery stock is grown, offered for sale, or distributed.

(4) "Nursery stock" means botanically classified plants or parts of plants, including but not limited to tropical potted plants, aquatic plants, and turf or sod grass. Certain plants and plant materials intended for human or animal consumption and not intended for planting may not be considered nursery stock, including the following:

(a) commodity plants and their seeds;

(b) pasture grasses;

(c) cut plants not for propagation;

(d) fruits or vegetables for human or animal consumption;

(e) cut trees and products that are going to be processed to a point that they no longer represent a pest risk; and

(f) plant debris for disposal or processing.

(5) "Plant dealer" means a firm that buys plants or plant products from a producer for the purpose of offering the plants or plant products for sale or resale or as part of a landscape service.

(6) "Plant inspection certificate" means a document issued by the department or the plant pest regulatory agency of another state that declares that the nursery stock, plants, or plant material grown by the firm named on the certificate is apparently free of injurious plant pests.

(7) "Plant pest" means an insect, weed, fungus, virus, bacteria, or other organism that can directly or indirectly injure or cause damage in a plant or a product of a plant and that meets the criteria as a pest established by department rule. For purposes of this chapter, noxious weeds, as defined in 7-22-2101 , or other exotic weeds are defined as plant pests.
Mont. Code Ann. § 80-2-206 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-206
80-2-206 Payment
Status: in_force

80-2-206 . Payment. When an applicant for hail insurance pays for the insurance at the time of application, the applicant is allowed a discount of 4%, less any transaction fees, and the insurance must be issued when the application and payment are received. All payments for hail insurance received by the department must be transferred to the state treasurer for deposit pursuant to 80-2-232 .
Mont. Code Ann. § 80-7-1108 — MT Code / Title 80 / Chapter 7 / Part 11 / Section 80-7-1108
80-7-1108 Rules
Status: in_force

80-7-1108 . Rules. The department may adopt rules necessary to implement this part.
Mont. Code Ann. § 80-4-407 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-407
80-4-407 Reports to the department
Status: in_force

80-4-407 . Reports to the department. Each person licensed under parts 5 and 6 of this chapter shall report to the department at intervals set by rule of the department on forms prepared by it. The reports must show the total weight of each kind of agricultural commodity received and shipped, the amount of outstanding warehouse receipts on that date, and a statement of the amount of agricultural commodities on hand to cover the outstanding warehouse receipts. The department may also, by rule, require special reports at any time.
Mont. Code Ann. § 80-2-209 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-209
80-2-209 Reinsurance
Status: in_force

80-2-209 . Reinsurance. Because of the unusual or unexpected variation in the severity of damage to crops that occurs from year to year and in order to enable the hail insurance board to spread the effect of these variations more evenly over all years, the board may negotiate for and secure reinsurance of a part of the risk in any year when the need for reinsurance appears advisable to the board. The board may use money from hail insurance fees for the purchase of reinsurance whenever it appears to the board that reinsurance is necessary and advisable.
Mont. Code Ann. § 80-11-510 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-510
80-11-510 Creation of commodity advisory committees
Status: in_force

80-11-510 . Creation of commodity advisory committees. (1) The department may create commodity advisory committees subject to the following:

(a) Twenty-five or more producers of a commodity shall petition the department to create a commodity advisory committee. The format, information required, and criteria of valid petitions must be established by department rule.

(b) Within 60 days of receipt and verification of a qualified petition, the department shall hold a hearing to receive relevant input from growers, producers, and first purchasers regarding the proposed commodity advisory committee. The department shall advertise the hearing in areas where it is known the commodity is grown and in any applicable trade publication.

(2) Each advisory committee created under this section must be known as the "... advisory committee".

(3) The department shall prescribe the composition and advisory functions of each advisory committee created and appoint advisory committee members, who serve at the pleasure of the director. The majority of members on a crop or livestock commodity advisory committee must be producers of the commodity.

(4) Unless the advisory committee member is a full-time salaried officer or employee of this state or of any political subdivision of this state, each member is entitled to be paid an amount to be determined by the department, not to exceed the daily amount established in 2-15-122 (5) for each day in which the member is actually and necessarily engaged in the performance of advisory committee duties. Each member is also entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred while in the performance of advisory committee duties. Members who are full-time salaried officers or employees of this state or of any political subdivision of this state are not entitled to be compensated for their service as members, but are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503 .

(5) Unless otherwise specified by the department, at its first meeting each year, each advisory committee shall elect a presiding officer and other officers whom it considers necessary.

(6) Unless otherwise specified by the department, each advisory committee shall meet at least annually. An advisory committee shall also meet on the call of the department and may meet at other times on the call of the presiding officer or a majority of its members.

(7) A majority of the membership of an advisory committee constitutes a quorum to do business.

(8) In order for the creation of an advisory committee to be effective, the governor shall file in the governor's office and in the office of the secretary of state a record of the advisory committee created showing the advisory committee's:

(a) name, in accordance with subsection (2);

(b) composition;

(c) names and addresses of the appointed members; and

(d) purpose.
Mont. Code Ann. § 80-4-724 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-724
80-4-724 Coloration of agricultural commodities treated with injurious or toxic substances -- exception
Status: in_force

80-4-724 . Coloration of agricultural commodities treated with injurious or toxic substances -- exception. (1) Any agricultural commodity treated with any injurious or toxic substance or chemical must at the same time be colored or dyed a color contrasting with the natural color of the agricultural commodity so that the treated agricultural commodity is readily identifiable as having been treated with an injurious or toxic substance or chemical. This subsection does not apply to the application of pesticides to agricultural commodities according to label directions for the treatment of pests that might be present in the agricultural commodity.

(2) A person who fails to comply with the requirements of this section is subject to the penalty provisions of 80-4-429 .
Mont. Code Ann. § 80-10-211 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-211
80-10-211 Cancellation or refusal of registration or licenses
Status: in_force

80-10-211 . Cancellation or refusal of registration or licenses. (1) The department may cancel the registration of any commercial fertilizer or soil amendment and may refuse to register any commercial fertilizer or soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter or any rules adopted under it. However, a registration may not be revoked or refused until the registrant is given the opportunity to amend the application or correct other practices.

(2) The department may cancel any license or refuse to license any person when it has satisfactory evidence that the person has used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter or any rules adopted under it. However, a license may not be revoked or refused until the person involved is given the opportunity to appear for a hearing by the department.
Mont. Code Ann. § 80-7-503 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-503
80-7-503 Duties of department
Status: in_force

80-7-503 . Duties of department. The department may:

(1) develop and publish a list of pesticides approved for control of insect pests;

(2) develop and publish technical guidelines on techniques of controlling insect pests;

(3) notify a county of its survey results and state whether the infestation is normal or serious;

(4) review and comment on or review and approve all county agricultural insect pest management plans as provided by local government statutes and consider whether the plan conforms to the technical guidelines of the department and whether implementation of the plan will probably counteract the condition of insect pest infestation in a timely and proper manner;

(5) consider whether an alternative control program would be as efficient as spraying on a ratio of total costs to total benefits and provide the county with a summary of its findings prior to conducting or approving any cropland spraying program. If the alternative control program is considered adequate, the department may conduct or approve such a program.
Mont. Code Ann. § 80-4-420 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-420
80-4-420 Producer's lien
Status: in_force

80-4-420 . Producer's lien. (1) Agricultural commodities contained on the premises of a public warehouse operator or commodity dealer, including agricultural commodities owned by the warehouse operator or commodity dealer, are subject to a first priority lien in favor of holders of outstanding warehouse receipts, purchase contracts, scale weight tickets, bailment contracts, or any other evidence of storage or sale.

(2) The lien must be preferred to a lien or security interest in favor of a creditor of the warehouse operator or commodity dealer regardless of the time when the creditor's lien or security interest attached to the agricultural commodities. Notice of the lien need not be filed in order to perfect the lien.

(3) The lien is discharged as to agricultural commodities sold by the warehouse operator or commodity dealer to a buyer in the ordinary course of business. The sale does not discharge the lien in favor of an individual holder of outstanding warehouse receipts, purchase contracts, scale weight tickets, bailment contracts, or other evidence of storage or sale on the remaining agricultural commodities on the premises.
Mont. Code Ann. § 80-14-205 — MT Code / Title 80 / Chapter 14 / Part 2 / Section 80-14-205
80-14-205 Terminated
Status: in_force

80-14-205 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-6-1111 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1111
80-6-1111 Alfalfa leaf-cutting bees -- registration
Status: in_force

80-6-1111 . Alfalfa leaf-cutting bees -- registration. (1) A person may not possess or control alfalfa leaf-cutting bees in this state unless the bees are registered as provided in this section.

(2) To register bees, a person shall file a completed application form provided by the department, together with the registration fee set by rule. The applicant shall provide the following:

(a) the name and place of residence;

(b) the general location of bees to be registered; and

(c) other relevant information as may be required by department rule.

(3) A registration is continuous until the registrant notifies the department of cancellation.
Mont. Code Ann. § 80-6-103 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-103
80-6-103 Changing locations -- transfer of apiary sites
Status: in_force

80-6-103 . Changing locations -- transfer of apiary sites. (1) An owner of a registered apiary site may not change the location of the apiary site without first receiving authorization from the department to establish the new apiary site if the apiary site is outside the currently registered quarter section. In making the application, the owner shall specify the location of the apiary site with the same particularity as in the application for original registration.

(2) If the new apiary site is not used within 60 days after a new certificate of registration is issued, the certificate of registration lapses and all rights under the registration terminate.

(3) A registered apiary site may be transferred subject to parts 1 through 3 of this chapter if all bees and equipment on the apiary site are sold to the transferee.
Mont. Code Ann. § 80-9-207 — MT Code / Title 80 / Chapter 9 / Part 2 / Section 80-9-207
80-9-207 Deposit of fees
Status: in_force

80-9-207 . Deposit of fees. (1) All fees collected for licenses, registration, and inspection must be deposited in the state treasury to the credit of the state special revenue fund for the purpose of administering this chapter, including the cost of equipment and facilities and the cost of inspecting, analyzing, and examining commercial feeds manufactured or distributed in this state and the cost of developing better analytical methods and means of evaluating the value or the potential toxic qualities of a feed.

(2) 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 those investments must be credited to the proper department account in the state special revenue fund.

(3) The account in subsection (1) may receive funds from any source, including but not limited to gifts, grants, cost-share funds, or other funds designated for purposes consistent with this chapter.

(4) Any administrative civil penalties collected under 80-9-303 must be deposited in the Montana state university-Bozeman agricultural experiment station research account and may be used only for feed and animal nutrition research and education.
Mont. Code Ann. § 80-11-1002 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1002
80-11-1002 Pulse crop committee -- officers -- meetings -- reimbursement
Status: in_force

80-11-1002 . Pulse crop committee -- officers -- meetings -- reimbursement. (1) The members of the committee shall elect a presiding officer from among the committee members. The presiding officer serves a 1-year term.

(2) The committee shall meet at least once a year and at other times as called by the presiding officer or by any three voting members of the committee.

(3) Committee members may not receive a salary but are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business. Members must be reimbursed as provided in 2-18-501 through 2-18-503 for travel expenses incurred while on official business.
Mont. Code Ann. § 80-5-603 — MT Code / Title 80 / Chapter 5 / Part 6 / Section 80-5-603
80-5-603 Suspected violations -- sampling procedures -- confidentiality
Status: in_force

80-5-603 . Suspected violations -- sampling procedures -- confidentiality. (1) When an intellectual property owner or that person's agent makes a claim that a grower has planted, grown, or retained seed or any other plant part from a protected plant in violation of the intellectual property rights of another person, the claimant shall:

(a) request permission from the grower to enter the grower's land for the purpose of sampling;

(b) notify the grower that the grower may ask that the sampling be done by the department; and

(c) notify the department that a claim is being made.

(2) If the grower withholds permission to enter the grower's land or refuses to be present for sampling at a reasonable time and place, the claimant may petition a court for permission to enter the grower's land and 80-5-604 (8) applies.

(3) (a) A court may grant an order allowing a claimant to enter the property if the court determines the sampling effort to be:

(i) minimally invasive;

(ii) minimally disruptive; and

(iii) reasonably based on information sufficient to support an inspection.

(b) The court may order the claimant to pay for any physical damages caused during the process of sampling.

(4) (a) When sampling is conducted, the grower and the claimant both have the right to be present if both the grower and the claimant have made a good faith effort to be present at a reasonable time and place.

(b) A department representative must be present during sampling if the department's presence is requested by either the grower or the claimant.

(c) The department may perform the sampling if asked to do so by the claimant or the grower. The department shall charge a fee that covers the costs of providing the sampling service. The fee may not exceed other seed-related sampling fees charged by the department.

(5) Costs associated with sampling must be paid by the claimant unless:

(a) both parties agree to a different assignment of costs through a contractual or settlement agreement; or

(b) a different allocation is ordered through mediation or court order.

(6) (a) The grower or the claimant may request that an independent laboratory confirm the presence of a protected plant in the samples taken. If the department took the sample, the department shall select an independent and qualified laboratory to conduct the requested laboratory services.

(b) Costs associated with the laboratory services must be paid by the entity making the request unless:

(i) both parties agree to a different assignment of costs through a contractual agreement or settlement agreement; or

(ii) a different allocation is directed through mediation or court order.

(7) The results of any sampling and laboratory services conducted pursuant to this section must be sent to the grower and the claimant by certified mail within 30 days.

(8) The results of all sampling and testing are confidential unless both the grower and the claimant agree to make them public.
Mont. Code Ann. § 80-7-135 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-135
80-7-135 Penalty for violation
Status: in_force

80-7-135 . Penalty for violation. (1) A firm, nursery, plant dealer, or landscape service that violates or aids in the violation of a provision of this part or of the rules, orders, or quarantines of the department adopted under Title 2, chapter 4, and this part commits a civil offense and is subject to a civil penalty of not more than $1,000 for each violation.

(2) Assessment of a civil penalty may be made in conjunction with another warning, order, or administrative action authorized by this chapter. A civil penalty collected under this section must be deposited in the nursery account established in 80-7-123 for response activities of the department, education, training, research, and development for the nursery industry pursuant to rules established by the department.

(3) The department shall establish by rule:

(a) a penalty schedule that establishes the types of penalties and the amounts, not to exceed $1,000, for initial and subsequent offenses; and

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

(4) Sections 80-7-105 , 80-7-106 , 80-7-108 , 80-7-109 , 80-7-123 , and this section may not be construed as requiring the department or its agents to report violations of this part when the department believes that the public interest will be best served by a suitable notice of warning.
Mont. Code Ann. § 80-15-216 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-216
80-15-216 Commercial fertilizer ground water management plan
Status: in_force

80-15-216 . Commercial fertilizer ground water management plan. The department may develop and implement a commercial fertilizer ground water management plan if the department and the department of environmental quality determine that residues from commercial fertilizer are present in the ground water or when EPA implements a program to protect ground water from fertilizers.
Mont. Code Ann. § 80-1-202 — MT Code / Title 80 / Chapter 1 / Part 2 / Section 80-1-202
80-1-202 Delivery to director of agriculture
Status: in_force

80-1-202 . Delivery to director of agriculture. The original blanks upon which the statistics are gathered by the department of revenue shall be returned to the director of agriculture immediately on completion of the assessment work and not later than July 1 each year.
Mont. Code Ann. § 80-8-204 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-204
80-8-204 Application for applicator's license
Status: in_force

80-8-204 . Application for applicator's license. (1) Application for a pesticide applicator's license provided for in 80-8-203 must be made annually to the department before applying pesticides in any calendar year, and a pesticide applicator who is applying for renewal of a license shall do so on or before March 1 of that calendar year. A pesticide applicator who applies for renewal of a license after March 1 must be assessed a $25 late licensing fee.

(2) An individual applying for a license to engage in aerial application of pesticides shall certify on the application that the individual has met all the federal aviation administration and the department of transportation requirements for aerial pesticide applicators.
Mont. Code Ann. § 80-7-401 — MT Code / Title 80 / Chapter 7 / Part 4 / Section 80-7-401
80-7-401 Short title
Status: in_force

80-7-401 . Short title. This part may be cited as the "Montana Quarantine and Pest Management Act".
Mont. Code Ann. § 80-4-525 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-525
80-4-525 Scale weight tickets -- form -- issuance
Status: in_force

80-4-525 . Scale weight tickets -- form -- issuance. (1) Scale weight tickets must be bound in books of convenient size and must be numbered consecutively. The original scale weight ticket must be delivered to the person from whom the agricultural commodities are received. One carbon copy of each scale weight ticket must remain as a permanent record.

(2) A scale weight ticket must be issued for each load of agricultural commodity received by the warehouse operator.

(3) A scale weight ticket may not be issued or held in lieu of a warehouse receipt. However, an agricultural commodity under scale weight ticket is considered warehoused liability, and title remains with the depositor until:

(a) the agricultural commodity is sold under a purchase contract;

(b) the agricultural commodity is paid for under 80-4-608 ; or

(c) a warehouse receipt is issued.

(4) There must be plainly printed across the face of the scale weight ticket issued by the warehouse operator, in bold type, the words "THIS IS NOT A WAREHOUSE RECEIPT. IT MUST BE EXCHANGED FOR A WAREHOUSE RECEIPT IF GRAIN IS HELD IN STORAGE".

(5) All scale weight tickets must be signed by the warehouse operator or the warehouse operator's agent.

(6) All scale weight tickets must be converted into cash or warehouse receipts on demand.
Mont. Code Ann. § 80-3-315 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-315
80-3-315 Shipping point inspection -- fees
Status: in_force

80-3-315 . Shipping point inspection -- fees. Produce graded and prepared for shipment is subject to a shipping point inspection by the department upon request; however, Montana-grown seed potatoes that are entered in the Montana seed certification program and prepared for shipment off the farm for planting purposes are subject to a shipping point inspection by the department. Inspection fees must be set by rule and must be commensurate with the cost of providing the inspection.
Mont. Code Ann. § 80-2-242 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-242
80-2-242 Adjusters -- appointment -- qualifications -- duties
Status: in_force

80-2-242 . Adjusters -- appointment -- qualifications -- duties. (1) The department shall retain a sufficient number of adjusters to appraise all losses by hail that are covered by hail insurance under this part.

(2) The department may call on one or more of the adjusters to appraise each loss, and the adjusters shall promptly report their findings to the department according to the rules adopted by the board.

(3) An adjuster who is a relative, attorney, agent, employee, or creditor of a person incurring a crop loss due to hail and subject to insurance coverage under this part or who has an interest in a lien or mortgage on the crop injured or destroyed may not appraise or assist in appraising the loss.
Mont. Code Ann. § 80-10-206 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-206
80-10-206 Inspection, sampling, and analysis
Status: in_force

80-10-206 . Inspection, sampling, and analysis. (1) The department may sample, inspect, analyze, and test commercial fertilizers and soil amendments distributed in this state at a time and place and to an extent necessary to determine whether the commercial fertilizers or soil amendments are in compliance with this chapter. The department may enter any public or private premises during regular business hours in order to have access to commercial fertilizers or soil amendments subject to this chapter.

(2) The methods of analysis and sampling must be those adopted by the department from sources such as those of the association of official analytical chemists. The results of analysis, together with additional information the department considers advisable, must be transmitted promptly to the manufacturer and to the dealer or person in whose possession the product was sampled.

(3) The department, in determining whether any deficiency occurred in a commercial fertilizer or soil amendment, must be guided solely by the official sample obtained and analyzed as provided for in subsections (1) and (2). The department may arrange with other laboratories for specific analyses conducted as part of an official analysis.

(4) If on the basis of an inspection or the analysis of the official sample a commercial fertilizer or soil amendment is found to be subject to penalty or other legal action, the department shall forward to the responsible party notification of the violation. If no adequate evidence to the contrary is made available to the department, the report becomes official.

(5) Upon request, the department shall furnish to the responsible party a portion of any sample found subject to penalty or other legal action. The responsible party may challenge the department's determination of a violation within 30 days following the responsible party's receipt of the analysis. Upon receipt of the challenge, the department shall forward a portion of the remainder of the official sample to any recognized chemical laboratory of the responsible party's choice for analysis. If the results differ significantly from the department's analysis, the responsible party may request a referee analysis by a referee laboratory chosen by the department. Results of the referee analysis must be reported to the responsible party and to the department, and the referee analysis is considered official. If the department's initial analysis is sustained following a referee analysis, the responsible party that requested the referee analysis shall pay the costs of the referee analysis.
Mont. Code Ann. § 80-15-107 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-107
80-15-107 Research
Status: in_force

80-15-107 . Research. The department or the department of environmental quality shall promote, for the purposes described in 80-15-103 , cooperative ground water research programs with units of the university system and associated agricultural experiment stations, the bureau of mines and geology, and other appropriate agencies, organizations, and individuals.
Mont. Code Ann. § 80-12-310 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-310
80-12-310 Continuing validity of authority members' signatures
Status: in_force

80-12-310 . Continuing validity of authority members' signatures. If an authority member whose signature appears on bonds or coupons ceases to be a member before the delivery of the bonds, the signature continues to be valid and sufficient for all purposes.
Mont. Code Ann. § 80-5-137 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-137
80-5-137 Cooperation and agreements
Status: in_force

80-5-137 . Cooperation and agreements. The department may cooperate with and enter into agreements with other governmental agencies, universities, and private entities to carry out the provisions of this part.
Mont. Code Ann. § 80-1-102 — MT Code / Title 80 / Chapter 1 / Part 1 / Section 80-1-102
80-1-102 Duties of department
Status: in_force

80-1-102 . Duties of department. The department shall:

(1) encourage and promote the interests of agriculture, including horticulture and apiculture, and all other allied industries;

(2) collect and publish statistics relating to the production and marketing of crops and other agricultural products so far as the information may be of value to the agricultural and allied interests of the state;

(3) assist, encourage, and promote the organization of farmers' institutes, horticultural and agricultural societies, the holding of fairs, livestock shows, or other exhibits of the products of agriculture;

(4) adopt standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products;

(5) cooperate with producers and consumers in devising and maintaining economical and efficient systems of distribution and aid in the reduction of waste and expense incidental to marketing;

(6) have the authority to maintain a market news service, including information as to crops, freight rates, commission rates, and other matters as may be of service to producers and consumers, and act as a clearinghouse for information of value to producers and consumers;

(7) gather and diffuse information concerning the supply, demand, prevailing prices, and commercial movement of farm products;

(8) investigate the practices and methods of factors, commission merchants, and others who receive, solicit, buy, sell, handle on commission or otherwise, or deal in grain, vegetables, or other farm products, so that distribution of the commodities is accomplished efficiently, economically, and without hardship, waste, or fraud;

(9) cooperate with Montana state university-Bozeman, the agricultural experiment station, and the federal government for the betterment of the agricultural industries of the state, the improvement of rural life, and promotion of equality of opportunity for the farmers of the state;

(10) take and hold in the name of the state of Montana property, real and personal, acquired by gifts, subscriptions, donations, and bequests;

(11) sell and dispose of personal property owned by it in a manner the department may provide, when in the judgment of the department the sale or disposal best promotes the purposes for which the department is established;

(12) contract in respect to any matter within the scope of its authority;

(13) enforce this title and all other laws for the protection and regulation of agriculture.
Mont. Code Ann. § 80-4-408 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-408
80-4-408 Examination of books
Status: in_force

80-4-408 . Examination of books. The department is authorized, through its officials, employees, or designated agents, to examine or copy all books, records, papers, and accounts of persons licensed under parts 5 and 6 of this chapter.
Mont. Code Ann. § 80-6-202 — MT Code / Title 80 / Chapter 6 / Part 2 / Section 80-6-202
80-6-202 Inspection of bees or used beekeeping equipment transported interstate
Status: in_force

80-6-202 . Inspection of bees or used beekeeping equipment transported interstate. (1) Bees and beekeeping equipment, unless under a certificate of health that allows for seasonal transportation of bees and beekeeping equipment into Montana without inspection, that are transported into Montana from another state must be certified as pest-free and disease-free by either the originating state or by the department. A person who transports bees or beekeeping equipment into Montana shall present the required certification to the department. If the bees or beekeeping equipment cannot be certified as pest-free and disease-free, the bees or beekeeping equipment must be treated appropriately under the supervision of a federal authority, a representative of the originating state, or a representative of the department.

(2) The department must be advised in advance of the date of entry and the destination of the bees or material. Used equipment or bees transported into the state may be quarantined by the department, in accordance with 80-6-201 (1)(d), from the time they enter the state until they have been inspected and found to be apparently free of pests and diseases or until they have been in use while under quarantine for a minimum of 90 days. The beekeeping materials are also subject to quarantine as provided in this section.

(3) The department may also inspect and certify as being apparently pest-free and disease-free bees or beekeeping equipment to be transported from Montana to a state that requires an inspection in the state of origin.

(4) (a) The costs of making the inspections provided for in subsections (1) through (3) must be paid by the owner of the bees or equipment following the inspection.

(b) Inspection fees for persons without a valid Montana inspection must include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses; and

(iii) an hourly rate established by department rule. The department may adjust the fee by rule to maintain adequate funding for this part. The fee may not be less than $50 or more than $150.

(c) Persons transporting bees interstate with a valid Montana certificate of health shall pay inspection fees that include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses; and

(iii) a fee for the issuance of a certificate of health, which may not be less than $50 or more than $150. The department may adjust the fee by rule to maintain adequate funding for this part.

(d) If inspection by an official of any other state is considered insufficient for the protection of the Montana bee industry by the department, the department shall state that fact by public statement. Importation of bees or beekeeping materials, including honey for extracting, from that other state must be denied unless the materials, bees, or honey is first inspected by the department and there is obtained from the department a certificate of inspection showing that the materials, bees, or honey is apparently free from pests and contagious or infectious disease. The costs of making the inspection must be paid by the person requesting it, and inspection may be made at any point outside this state convenient to the person making the inspection. The department may require that the costs of making the inspection be paid in advance, and the costs must include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses;

(iii) an hourly rate established by department rule; and

(iv) a fee for the issuance of the certificate of inspection. The department may adjust the fee by rule to maintain adequate funding for this part. The fee may not be less than $50 or more than $150.
Mont. Code Ann. § 80-11-304 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-304
80-11-304 Powers of the committee
Status: repealed

80-11-304 . (Temporary) Powers of the committee. The committee may:

(1) provide, through the department of agriculture, for the administration and enforcement of this part;

(2) enter into contracts in the name of the committee;

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

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

(5) plan and conduct a research program to improve the quality of alfalfa seed, develop and improve control measures for disease and pests that attack alfalfa and alfalfa seed pollinators, improve alfalfa growing culture, disseminate information among the growers and dealers of the state, financially support the alfalfa leaf-cutting bee program provided for in Title 80, chapter 6, part 11, and enter into research contracts and other agreements as necessary;

(6) plan and conduct a publicity and sales promotion campaign to increase the sale and use of Montana alfalfa seed and enter into publicity and sales promotion contracts and other agreements as necessary;

(7) in cooperation with the director of the department of agriculture, 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.

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

(9) cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or the United States government, engaged in work or activities similar to the work and activities of the committee and enter into contracts or agreements with the organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity, and reciprocal enforcement of these objectives; and

(10) accept grants, donations, and gifts from any source for expenditure for any purpose consistent with Title 80, chapter 6, part 11, or this part, including a purpose specified as a condition of a grant, donation, or gift. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-2-241 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-241
80-2-241 Report of losses
Status: in_force

80-2-241 . Report of losses. All losses by hail to crops insured under this part must be reported within 14 days after the loss by the owner of the crops or by the owner's agent or attorney to the board of hail insurance. The board shall require the claimant to make a statement of the losses sustained, the cause of the losses, and other information that the board may require on the forms to be provided for that purpose. If a loss is reported more than 14 days after it occurs, the board shall charge the claimant for all costs incurred in making the adjustment.
Mont. Code Ann. § 80-4-706 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-706
80-4-706 Special inspection of agricultural commodities
Status: in_force

80-4-706 . Special inspection of agricultural commodities. (1) If agricultural commodities are sold based on Montana grade and are to be shipped from places not provided with state inspection, the buyer, seller, or person making the delivery may have the agricultural commodities inspected by notifying an inspector, who shall have them inspected. After inspection, the inspector shall issue, on request of the buyer, seller, or person delivering the agricultural commodity, an inspector's certificate showing the grade of the agricultural commodity. The person calling for the inspection shall pay a reasonable fee fixed by department rule.

(2) An agricultural commodity that is shipped to points in this state where no inspection is maintained may be inspected on request of either the buyer or seller, and a certificate may be issued showing the grade of the agricultural commodity. The charge for the service must at least equal the entire cost of providing it and must be paid by the party calling for the inspection.
Mont. Code Ann. § 80-5-127 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-127
80-5-127 Testing of submitted samples
Status: in_force

80-5-127 . Testing of submitted samples. The seed laboratory shall analyze any official seed samples taken from seed lots offered for sale in the state or submitted by the department, using methods such as those established under the Federal Seed Act and the procedural guidelines developed by the association of official seed analysts.
Mont. Code Ann. § 80-7-1101 — MT Code / Title 80 / Chapter 7 / Part 11 / Section 80-7-1101
80-7-1101 Department to operate vertebrate pest management program
Status: in_force

80-7-1101 . Department to operate vertebrate pest management program. (1) The department may establish and operate organized and systematic programs for the management and suppression of vertebrate pests. Vertebrate pests are defined as jackrabbits, prairie dogs, ground squirrels, pocket gophers, rats, mice, skunks, raccoons, bats, snakes, voles, and depredatory and nuisance birds. Depredatory and nuisance birds are defined as blackbirds, cowbirds, starlings, house sparrows, and feral pigeons, when they are injurious to agriculture, other industries, and the public. For this purpose, the department may enter into written agreements with appropriate federal agencies, other state agencies, counties, associations, corporations, or individuals covering the methods and procedures to be followed in the management and suppression of these vertebrate pests, the extent of supervision to be exercised by the department, and the use and expenditure of funds appropriated, when this cooperation is necessary to promote the management and suppression of vertebrate pests. Management is:

(a) the correct identification of a vertebrate pest;

(b) recognition of its biology and environmental needs;

(c) assessment of the pest's damage, injury, or nuisance to agriculture, industry, or the public prior to selecting and implementing any integrated or individual control methods to reduce, prevent, or suppress these damages, nuisances, or injuries; and

(d) evaluating the effects of these control methods.

(2) This section does not apply to nongame wildlife managed or protected subject to Title 87, chapter 5, part 1.
Mont. Code Ann. § 80-10-202 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-202
80-10-202 License required
Status: in_force

80-10-202 . License required. A person may not distribute in this state any type of fertilizer or soil amendment, except unmanipulated animal or vegetable manures or specialty fertilizer, until a license to distribute has been obtained from the department for each facility distributing into this state and for each handling facility in this state. All new applicants shall pay a nonrefundable $75 fee for each license. All licenses expire on December 31 of each year and are subject to the following:

(1) The application for license must be on forms approved by the department.

(2) License renewals received by the department prior to January 1 of each year must be accompanied by a fee of $50 for each license.

(3) The department may collect a $25 late penalty for a license renewal received after December 31.

(4) Before distributing any commercial fertilizer or soil amendment into the state, a person must be licensed as a supplier.
Mont. Code Ann. § 80-4-605 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-605
80-4-605 Posting of license
Status: in_force

80-4-605 . Posting of license. The commodity dealer's license must be posted in a conspicuous location at the dealer's place of business. A duplicate commodity dealer's license must be posted at each location at which records are maintained for transactions of the commodity dealer and also within each truck operated by the dealer in the state.
Mont. Code Ann. § 80-3-302 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-302
80-3-302 Definitions
Status: in_force

80-3-302 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Aquaculture" means the commercial production of aquatic organisms under controlled conditions throughout part or all of their life cycle.

(2) "Aquaculture products" means articles used for human consumption produced by aquaculture. The term includes but is not limited to fish, shellfish, and aquatic plants.

(3) "Container" means any package, sack, box, crate, carton, basket, or other object used for the shipping of produce.

(4) (a) "Controlled conditions" means the management of water quality, feed, stocking density, and environmental parameters within an aquatic system to optimize the growth and health of farmed aquatic organisms. Controlled conditions include the conditions required by a controlled species permit or a prohibited species permit issued pursuant to Title 87, chapter 5, part 7.

(b) The term does not include a pond, lake, reservoir, river, ocean, or stream.

(5) "Director" means the director of agriculture appointed pursuant to 2-15-3001 .

(6) "Person" means an individual, firm, association, corporation, partnership, or any other form of business enterprise.

(7) (a) "Produce" means any fruit, vegetable, aquaculture product, or other natural product designated by department rule.

(b) The term does not include livestock and its byproducts, poultry and its byproducts, apiary products, dairy products, or grain.

(8) "Produce dealer" means a person who engages in a business involving or who as part of a business participates in purchasing, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of produce in this state, except vegetative seed potato products intended or used for planting purposes.

(9) "Produce unit" means the standard size container for a given type of produce. A produce unit may be established by department rule.

(10) "Retail" means sale of produce to the ultimate consumer.

(11) "Shipping point inspection" means an inspection of produce at the location from which it was shipped.

(12) "Stop sale order" means a written notice to hold produce from sale or movement until a violation has been resolved and the produce is released by the department.

(13) (a) "Wholesale" means the sale of produce intended for resale.

(b) The term does not include the sale of Montana-grown produce when sold by the Montana grower for purposes of resale or vegetative seed potato products intended or used for planting purposes.
Mont. Code Ann. § 80-9-103 — MT Code / Title 80 / Chapter 9 / Part 1 / Section 80-9-103
80-9-103 Rules -- adoption by department
Status: in_force

80-9-103 . Rules -- adoption by department. (1) The department may adopt rules for commercial feeds and pet foods that are specifically authorized in this chapter and other reasonable rules necessary for the efficient enforcement of this chapter, including rules related to:

(a) the specific content of label directions and precautions for safe and effective use of commercial and customer formula feeds;

(b) definitions of feed ingredients and poisonous or deleterious substances;

(c) good manufacturing practices for commercial feeds containing medications or drugs;

(d) standards for viable weed seeds;

(e) format and content of annual statements of tonnage and distribution records required by 80-9-206 (2);

(f) standards for establishing deficiency of a commercial feed based on laboratory testing;

(g) standards for establishing that a commercial feed is in violation because of a deficiency in any feed ingredient;

(h) procedures for the issuance and release of embargo orders and condemnation pursuant to 80-9-302 ; and

(i) procedures for implementing and administering the civil penalties under 80-9-303 .

(2) Unless it determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the department, in the interest of uniformity, shall adopt:

(a) the official definitions of feed ingredients and official feed terms adopted by the association of American feed control officials and published in the official publication of that organization; and

(b) any rules adopted under the Federal Food, Drug, and Cosmetic Act as long as the department has the authority under this chapter to adopt that rule.

(3) In adopting rules the department shall follow procedures prescribed in the Montana Administrative Procedure Act.
Mont. Code Ann. § 80-5-507 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-507
80-5-507 Findings
Status: in_force

80-5-507 . Findings. (1) The report of the alternative dispute resolution council must:

(a) include findings of fact and recommendations regarding costs, if any; and

(b) consider the written summary provided when an investigation is delegated as provided in 80-5-505 .

(2) The director shall send copies of the completed report to the buyer and seller by certified mail.
Mont. Code Ann. § 80-8-301 — MT Code / Title 80 / Chapter 8 / Part 3 / Section 80-8-301
80-8-301 Report of loss or damage -- effect of failure to report
Status: in_force

80-8-301 . Report of loss or damage -- effect of failure to report. (1) A person suffering loss or damage resulting from the use or application of any pesticide by any person shall, within 30 days from the time the occurrence of the loss became known to the person, file with the department of agriculture a verified report of loss setting forth, so far as known to the claimant, the following:

(a) name and address of claimant;

(b) type, kind, and location of property alleged to be injured or damaged;

(c) date the alleged injury or damage occurred;

(d) name of person applying the pesticide and allegedly responsible for the loss or damage;

(e) name of the owner or occupant of the property for whom the pesticide application was made.

(2) The filing of a report or the failure to file a report may not be alleged in any complaint that might be filed in a court of law, and the failure to file may not of itself be considered any bar to the maintenance of a criminal or civil action.

(3) The failure to file a report is not a violation of this chapter. However, if the person failing to file a report is the only one injured from the use or application of a pesticide by any person, the department may refuse to hold a hearing for the denial, suspension, or revocation of a license issued under this chapter until the report is filed. The filing of a report does not constitute institution of a civil or criminal suit in any court, state or federal.
Mont. Code Ann. § 80-10-101 — MT Code / Title 80 / Chapter 10 / Part 1 / Section 80-10-101
80-10-101 Definitions
Status: in_force

80-10-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Brand" means a term, design, or trademark used in connection with one or several grades of commercial fertilizer.

(2) "Blending" means the physical mixing or combining, including mixing through simultaneous or sequential application, of any combination of materials to produce a uniform mixture of:

(a) one or more fertilizer materials with one or more filler materials; or

(b) two or more fertilizer materials.

(3) (a) "Commercial fertilizer" includes any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, yield, or quality of the crop.

(b) Commercial fertilizer includes the following types of fertilizer:

(i) Bulk fertilizer is commercial fertilizer, dry or liquid, that is distributed in nonpackage form or in containers of greater than 1,000 pounds.

(ii) Fertilizer material is commercial fertilizer that either:

(A) contains important quantities of not more than one of the primary plant nutrients;

(B) has 85% or more of its plant nutrient content present in the form of a single chemical compound; or

(C) is derived from a plant or animal residue or byproduct or a natural material deposit that has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration.

(iii) Mixed fertilizer is commercial fertilizer, dry or liquid, that contains any combination or mixture of fertilizer materials.

(iv) Specialty fertilizer is commercial fertilizer, dry or liquid, that is distributed primarily for nonfarm use and includes commercial fertilizers used for research or experimental purposes.

(4) "Custom blend" means a fertilizer blended according to specifications provided to a blender in a soil test nutrient recommendation or to meet a specific consumer request prior to blending.

(5) "Deficiency" means the amount of nutrient found by analysis to be less than that guaranteed. Deficiency may result from a lack of nutrient ingredients or a lack of uniformity.

(6) "Distribute" means to offer for sale, sell, barter, or otherwise supply commercial fertilizers or soil amendments.

(7) "Grade" means the percentages of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. Specialty fertilizers may be guaranteed in fractional units of less than 1% of total nitrogen, available phosphate, and soluble potash. Fertilizer materials, bonemeal, manures, and similar materials may be guaranteed in fractional units.

(8) "Guaranteed analysis" means the minimum percentage of plant nutrients as described in 80-10-102 .

(9) "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer.

(10) "Label" means the display of all written, printed, or graphic matter on a container or a statement accompanying a fertilizer or soil amendment.

(11) "Labeling" means all written, printed, or graphic matter on or accompanying any fertilizer or soil amendment and advertisements, brochures, websites, posters, and television and radio announcements used in promoting the sale of a fertilizer or soil amendment.

(12) "Licensee" means a person licensed under 80-10-202 .

(13) "Local legislation" means but is not limited to any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision.

(14) "Manufacture" means the formulation, mixing, blending, or further processing of commercial fertilizers or soil amendments.

(15) "Manufacturer" means a person who manufactures commercial fertilizer or soil amendments.

(16) "Official sample" means any sample of commercial fertilizer taken by the department and designated as official by the department.

(17) "Other ingredients" means nonsoil amending ingredients present in soil amendments.

(18) "Percent or percentage" means the percentage by weight.

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

(20) "Political subdivision" means any local government entity, including but not limited to any city, county, town, or municipal corporation and any other corporate or political body that is responsible for government activities in a geographic area smaller than the state.

(21) "Primary nutrient" means the total nitrogen (N), available phosphate (P 2 O 5 ), and soluble potash (K 2 O).

(22) "Registrant" means the person who registers a commercial fertilizer or a soil amendment.

(23) (a) "Soil amendment" means any substance that is intended to improve the physical or chemical characteristics of soil.

(b) The term does not include commercial fertilizers, unmanipulated animal or vegetable manures, pesticides, and other ingredients that are exempted from the definition by rule.

(24) "Supplier" means a person who distributes fertilizers or soil amendments into Montana.

(25) "Ton" means a net weight of 2,000 pounds.

(26) "Unmanipulated animal or vegetable manures" means substances composed primarily of excreta, plant remains, or mixtures of those substances that have not been processed in any manner, including the addition of plant nutrients, drying, grinding, and other means.
Mont. Code Ann. § 80-8-201 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-201
80-8-201 Registration
Status: in_force

80-8-201 . Registration. (1) Each pesticide distributed, sold, or offered for sale within the state or delivered for transportation or transported in intrastate commerce or between points within the state must be registered with the department. The registration must be renewed annually by the manufacturer, formulator, or distributor of the pesticide. The department shall register all federally approved pesticides, and those registered are subject to registration fees and all other provisions of this chapter. All registrations of pesticides expire on December 31 following the date of issuance unless otherwise terminated.

(2) The applicant for registration shall file with the department a statement that includes:

(a) the name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the registrant;

(b) a complete copy of the pesticide label and a statement of all claims to be made for it, including directions for use;

(c) the trade and chemical name of the pesticide; and

(d) if requested by the department, a full description of tests made and the results on which the claims are based. In the case of renewal of registration, a statement is required only for information that is different from that furnished when the pesticide was registered or last reregistered.

(3) A pesticide imported into the state that is subject to and has been registered under the provisions of a federal act providing for the registration of pesticides must be registered in the state. However, the state may restrict the sale or use and application of the pesticide by type of dealer, applicator, time, and place and may establish special registrations of pesticides as outlined in 80-8-105 (3) and in subsection (9) of this section. The annual registration fee must also be paid, and registration information required by the department must be provided.

(4) (a) The applicant shall pay an annual pesticide registration fee for:

(i) each pesticide registered;

(ii) each emergency exemption requested by the state, as provided in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136p;

(iii) each special local need registration, as provided in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136v(c)(1); and

(iv) each experimental-use permit registration, as provided in 7 U.S.C. 136c.

(b) The annual pesticide registration fee may not be less than $130 a year or more than $145 a year. The department may adjust by rule the registration fee to maintain adequate funding for the purposes of this chapter.

(5) (a) The department shall assess a special needs fee for each pesticide registered, emergency exemption requested, special local need registration, or experimental-use permit registration to be used for the Montana state university extension service pesticide education program for the purpose of coordinating the certification and training of farm applicators.

(b) The department may adjust by rule the special needs fee to maintain adequate funding for farm pesticide applicator certification and training programs. The fee may not be less than $8 a year or more than $11 a year.

(6) The department may require the submission of the complete formula and certified analytical standards of any pesticide. If it appears to the department that the composition of the pesticide warrants the proposed claims for it and if the pesticide, its labeling, and other material required to be submitted comply with the requirements of 80-8-202 , the department shall register the pesticide.

(7) If it does not appear to the department that the pesticide warrants the proposed claims for it or if the pesticide, its labeling, and other material required to be submitted do not comply with this chapter, the department shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the chapter to provide the applicant an opportunity to make the necessary corrections. If the applicant does not make the corrections upon receipt of the notice, the department may refuse to register the pesticide. The department may suspend or cancel the registration of a pesticide whenever it does not appear that the pesticide or its labeling comply with this chapter or whenever scientific evidence proves that the pesticide endangers humans or the general environment afforded protection under 80-8-105 (3)(a). When an application for registration is refused or the department proposes to suspend or cancel a registration, the registrant may pursue administrative remedies under the Montana Administrative Procedure Act and rules of the department.

(8) Registration is not required in the case of a pesticide shipped from one plant in the state to another plant in the state by the same person.

(9) (a) The department, the department of public health and human services, and the department of fish, wildlife, and parks shall review all applications for registration of an experimental-use permit or a registration for special local needs. The departments shall use the same requirements and standards for reviewing registrations established by the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, and regulations adopted under the act. The department shall provide the departments of public health and human services and fish, wildlife, and parks with a complete copy of the application, related correspondence, and a statement of the department's proposed action on the application. The department, the department of public health and human services, and the department of fish, wildlife, and parks shall approve or disapprove the application within 10 days after the receipt of the application. If the department, the department of public health and human services, and the department of fish, wildlife, and parks are in agreement with the proposed registration, the department shall issue the registration.

(b) The department shall establish a time and place for an interagency conference for the purposes of resolving the registration of any pesticide or device. If two of the departments approve the proposed registration, the department may issue the registration.

(c) The registrant applying for registration must be notified as to proposed changes in registration. If the departments cannot resolve the proposed registration following the interagency conference, the registrant may request a joint administrative hearing before the departments of agriculture, public health and human services, and fish, wildlife, and parks.

(d) Following the interagency conference and, if requested, the administrative hearing, if the proposed registration of a pesticide or device has not been resolved, the department of agriculture shall appoint an advisory council as outlined in 80-8-108 to resolve by majority vote the registration of the pesticide or device. The advisory council's recommendations on the registration must be accepted by the departments and implemented by the department of agriculture.

(10) (a) Pesticides registered under any federal law when canceled for sale and use in total or in part by a federal agency responsible for registration are considered canceled in total or in part for sale and use in Montana. The cancellation is effective on the final date of sale or use allowed under the federal law and rules or orders of the federal agency. Except as provided in subsection (10)(b), if the federal cancellation allows existing stock to be used past the final date of cancellation, the sale or use in this state may not exceed 2 years. The department shall provide technical assistance to any person in possession of the products to ensure their proper disposal, relabeling, or removal.

(b) Pesticide products canceled under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136a-1(i)(5), may be sold and used according to labeling requirements or other requirements for a period not to exceed 6 years from the date that distribution from the registrant, manufacturer, formulator, or distributor is terminated.
Mont. Code Ann. § 80-12-302 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-302
80-12-302 Provisions of bond resolutions or trust indentures
Status: in_force

80-12-302 . Provisions of bond resolutions or trust indentures. A resolution or trust indenture authorizing any bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:

(1) pledging all or any part of the revenues or the property of the authority to secure the payment of the bonds or any issue thereof, subject to existing agreements with bondholders;

(2) pledging all or any part of the assets of the authority, including mortgages and obligations securing them, to secure the payment of the bonds;

(3) specifying the use and disposition of the gross income from mortgages owned by the authority and payment of principal of mortgages owned by the authority;

(4) the setting aside of reserves or sinking funds in the hands of trustees, paying agents, or other depositories and the regulation and disposition of the reserves;

(5) limiting the purpose to which the proceeds of the sale of the bonds may be applied and the pledge of the proceeds to secure the payment of the bonds or of any issue thereof;

(6) limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds;

(7) specifying the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(8) limiting the amount of money to be expended by the authority for its operating expenses;

(9) vesting in a trustee, as the authority determines, property, rights, powers, and duties in trust;

(10) defining the acts or failures to act that will constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies, consistent with the laws of the state and the provisions of this chapter, of the bondholders if a default occurs, including as a matter of right the appointment of a receiver; and

(11) specifying any other matters that in any way affect the security or protection of the bondholders.
Mont. Code Ann. § 80-1-301 — MT Code / Title 80 / Chapter 1 / Part 3 / Section 80-1-301
80-1-301 Terminated
Status: in_force

80-1-301 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 80-7-1030 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1030
80-7-1030 Mandatory decontamination for vessels with ballast or bladders -- legislative finding -- fees
Status: in_force

80-7-1030 . Mandatory decontamination for vessels with ballast or bladders -- legislative finding -- fees. (1) Except as provided in subsection (2) and in recognition that any interior portion of a vessel that may contain or retain water presents a significant risk of transporting and spreading invasive species, the legislature finds that as part of quarantine measures implemented in the statewide invasive species management area established pursuant to 80-7-1015 , a vessel with ballast or bladders must be decontaminated upon entering the state or crossing the continental divide into the Columbia River basin if the vessel is to be launched on waters of this state.

(2) Decontamination of a vessel with ballast or bladders is not required when the operator is able to provide proof that the vessel has not been launched in any water body for the preceding 45 days or meets other criteria determined by the department of fish, wildlife, and parks to render decontamination unnecessary. The department shall establish, in writing, the standards for proof.

(3) Decontamination shall be performed in accordance with rules adopted pursuant to 80-7-1007 .

(4) The department of fish, wildlife, and parks may certify private entities, tribes, and conservation districts to conduct decontamination pursuant to this section. If it does so, the department shall establish certification procedures, including a decontamination training course and requirements for maintaining certification.

(5) A fee of $50 may be charged per vessel decontaminated by the department pursuant to this section. A private entity, tribe, or conservation district certified to decontaminate a vessel with ballast or bladders may charge a fee commensurate with the actual cost of the decontamination.

(6) A vessel with ballast or bladders that cannot be fully decontaminated must be locked to its trailer to prevent launch for a drying period determined by the department of fish, wildlife, and parks. The vessel may not be unlocked and allowed to launch until the drying time is complete. No one other than authorized department staff may remove the lock during the drying time. If a vessel requires a drying period, then the vessel must pass an inspection prior to launching in Montana waters in order to be considered decontaminated.

(7) A person in possession of a vessel with ballast or bladders shall carry proof of compliance with this section and provide it for inspection upon request of a department or its designee.
Mont. Code Ann. § 80-8-205 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-205
80-8-205 Commercial operator
Status: in_force

80-8-205 . Commercial operator. (1) The department of agriculture may establish procedures for controlling pesticide operators including necessary fees by regulation.

(2) The department may by rule establish a fee to be paid by commercial operators to fund the waste pesticide and pesticide container collection, disposal, and recycling program. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112 .
Mont. Code Ann. § 80-4-603 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-603
80-4-603 License issuance -- renewal -- expiration
Status: in_force

80-4-603 . License issuance -- renewal -- expiration. (1) The department shall issue a license when the applicant has filed the application and complied with the terms and conditions of this part and the rules of the department.

(2) A commodity dealer's license may be renewed annually by submitting all required licensing documents.

(3) A commodity dealer's license that has expired may be reinstated by the department upon receipt of all licensing documents required and a penalty fee in the amount of $50 if the document is filed within 30 days from the date of expiration of the commodity dealer's license. At no time during the 30-day period or thereafter may the person act as a commodity dealer. All license applications received after the 30-day penalty period must be considered original applications.

(4) A commodity dealer's license is not transferable.

(5) Any partnership with a partner or any corporation that has an officer, director, or majority stockholder owning at least 10% of issued stock who has had a license revoked under this part or the United States Warehouse Act is subject to the provisions of 80-4-421 .
Mont. Code Ann. § 80-1-103 — MT Code / Title 80 / Chapter 1 / Part 1 / Section 80-1-103
80-1-103 Restriction on use of revenue to include department fees
Status: in_force

80-1-103 . Restriction on use of revenue to include department fees. The restriction in Article XII, section 1(2), of the Montana constitution, which provides that revenue derived from special levies made on agricultural commodities must be used solely for the purposes of the levies, applies to all fees assessed by the department for licenses, registrations, inspections, and other purposes pursuant to this title. Levy purposes may include department administrative expenses.
Mont. Code Ann. § 80-4-506 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-506
80-4-506 Equity requirements
Status: in_force

80-4-506 . Equity requirements. (1) Each licensee or applicant for a license shall maintain, above all exemptions and liabilities, total equity liable for the payment of any indebtedness arising from the conduct of the warehouse or warehouses of at least 40 cents per hundredweight of all agricultural commodities that the licensee's or applicant's warehouse or warehouses can accommodate.

(2) A person may not be licensed as a warehouse operator unless the person has and maintains allowable positive equity.

(3) Assets must be valued 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.

(4) In determining total equity, credit may be given for insurable property, such as buildings, machinery, equipment, and merchandise inventory, only to the extent that the property is protected by insurance against loss or damage by fire. The insurance must be 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.

(5) If a warehouse operator is licensed or applies for licenses to operate two or more warehouses, the maximum number of hundredweight that all warehouses will accommodate must be considered in determining whether the warehouse operator meets the equity requirements specified in this section.
Mont. Code Ann. § 80-8-404 — MT Code / Title 80 / Chapter 8 / Part 4 / Section 80-8-404
80-8-404 Model integrated pest and pesticide management safety program
Status: in_force

80-8-404 . Model integrated pest and pesticide management safety program. (1) The department may develop a model integrated pest and pesticide management safety program for facilities under supervision, including but not limited to schools, day-care facilities, nursing homes, hospitals, and other education and health care facilities. The model programs must provide guidance and recommendations on management of pests and pesticides and on alternatives within a facility and on facility grounds.

(2) The model program guidelines and recommendations must include information on pests, alternative and pesticide control methods and their integration, environmental concerns, and protection of public health. Special information and recommendations for protecting the affected populations from exposure to pesticides and from the acute or chronic potential adverse health effects of pesticides must be emphasized. The department may periodically revise the model program guidelines, policies, and recommendations as new integrated pest, pesticide, or alternative management techniques and methods are developed and as new information on protecting the affected populations from pesticides is developed.

(3) The director may consult and obtain advice from pest and pesticide specialists, facility personnel, and the public on any aspect of the model integrated pest and pesticide management safety program.
Mont. Code Ann. § 80-15-202 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-202
80-15-202 Monitoring programs
Status: in_force

80-15-202 . Monitoring programs. (1) The department or the department of environmental quality shall conduct monitoring programs to determine:

(a) whether residues of agricultural chemicals are present in ground water; and

(b) the likelihood of an agricultural chemical to enter ground water, if either department determines that sufficient valid scientific data is available to reasonably predict the behavior of a particular agricultural chemical in the soil.

(2) The department and the department of environmental quality shall evaluate all information relating to this section that is received from any person, based upon standard procedures, protocols, and confirmatory procedures established by rule. Information found to be insufficient based on the adopted procedures and protocols, including analytical results, may be used only for informational purposes.
Mont. Code Ann. § 80-5-139 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-139
80-5-139 Rules -- promulgated by department
Status: in_force

80-5-139 . Rules -- promulgated by department. (1) The department is authorized to promulgate necessary rules as authorized by this part. All rules are to be promulgated in accordance with procedures as set forth in the Montana Administrative Procedure Act.

(2) Rules may address but are not limited to the following subjects:

(a) designation of kinds of seed as agricultural, vegetable, flower, or indigenous;

(b) designation of kinds of seed that must be labeled as to variety name;

(c) designation of kinds and varieties of flower seeds that may be labeled according to type and performance characteristics;

(d) standards for determining and stating pure live seed, germination, or viability;

(e) plants to be designated as weeds, restricted weeds, and prohibited weeds and standards for allowing weeds and restricted weeds in seeds;

(f) procedures for implementing the administrative provisions of 80-5-136 ;

(g) procedures for implementing and administering civil penalties, including establishing a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under 80-5-136 ;

(h) procedures for submitting applications for licensing and establishing the period for which licenses are issued under 80-5-130 ;

(i) minimum standards for equipment and handling procedures for facilities that require licensing, including sellers and distributors of agricultural seed, seed labelers, and conditioning plants;

(j) standards that restrict or exempt from restriction the holding and movement of screenings, when in the public interest; and

(k) recordkeeping requirements for persons who handle agricultural, vegetable, flower, or indigenous seeds, including file samples of seed for each lot handled for a period of time up to 2 years.
Mont. Code Ann. § 80-4-613 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-613
80-4-613 Records
Status: in_force

80-4-613 . Records. (1) A commodity dealer shall provide evidence of delivery, such as scale tickets, for all agricultural commodities purchased from a producer.

(2) A commodity dealer shall keep daily position records or their equivalent showing purchases, deliveries, or payments to producers.
Mont. Code Ann. § 80-4-430 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-430
80-4-430 Director's enforcement action
Status: in_force

80-4-430 . Director's enforcement action. Title 80, chapter 4, parts 4 through 7, may not be construed to require the director or the director's authorized representative to report for prosecution or for the institution of civil action a violation if the director or the representative believes that the public interest will best be served by a suitable warning.
Mont. Code Ann. § 80-11-602 — MT Code / Title 80 / Chapter 11 / Part 6 / Section 80-11-602
80-11-602 Account established -- sources -- use -- expenditures
Status: in_force

80-11-602 . Account established -- sources -- use -- expenditures. (1) There is an account in the state special revenue fund. The following must be placed in the account:

(a) the proceeds from all gifts, grants, or donations to the department for development and administration of the state organic certification program authorized under 80-11-601 ; and

(b) the proceeds of assessments, penalties, and other money collected pursuant to a state organic certification program when implemented pursuant to 80-11-601 .

(2) The account must be maintained for the purposes of 80-11-601 and must be separate from all other accounts of the department.

(3) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. The income from those investments must be credited to the account established in this section.
Mont. Code Ann. § 80-11-1007 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1007
80-11-1007 Department activities -- bonding of employees -- assessment of costs
Status: in_force

80-11-1007 . Department activities -- bonding of employees -- assessment of costs. (1) Department employees who handle assessments or other receipts must be bonded for the faithful and safe handling of and accounting for the receipts while in their hands and for faithful compliance with this part.

(2) The committee may be assessed costs by the department for the services it provides on request or pursuant to 2-15-121 . The costs charged must have a substantial relationship to the costs of services provided.
Mont. Code Ann. § 80-4-532 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-532
80-4-532 Delivery of grain from different warehouse
Status: in_force

80-4-532 . Delivery of grain from different warehouse. (1) Any warehouse operator owning or operating more than one warehouse in this state may deliver grain from one warehouse in settlement of warehouse receipts issued for grain stored in another warehouse when grain for storage has been presented at any warehouse in excess of its available storage capacity.

(2) Nothing in subsection (1) confers upon the warehouse operator a right to make delivery of grain of substantially lower value than that delivered for storage, though of the same technical grade, in settlement of warehouse receipts.

(3) The warehouse operator shall at all times keep on hand in bonded warehouses grain of sufficient quality and quantity to settle all outstanding warehouse receipts.

(4) Freight and other charges must be determined at the point of receipt.
Mont. Code Ann. § 80-12-202 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-202
80-12-202 Immediate repayment
Status: in_force

80-12-202 . Immediate repayment. If an applicant who has obtained the approval of the authority for the issuance of a bond to fund the applicant's loan for the acquisition of farm or ranch land sells the land for which the loan was made to any person, firm, or corporation other than the applicant's spouse, children, or corporation wholly owned by them, the loan must be repaid in full.
Mont. Code Ann. § 80-4-415 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-415
80-4-415 Creation of commodity dealer/public warehouse operators account -- deposit of funds
Status: in_force

80-4-415 . Creation of commodity dealer/public warehouse operators account -- deposit of funds. (1) There is an account in the state special revenue fund. All revenue received under this chapter must be deposited in the account.

(2) Money received as revenue under this chapter that is not immediately required for the purposes of this chapter must be invested under the provisions of the unified investment program established in Title 17, chapter 6, part 2. All earned interest must be deposited in the account.
Mont. Code Ann. § 80-7-1008 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1008
80-7-1008 Invasive species management area -- authorization
Status: in_force

80-7-1008 . Invasive species management area -- authorization. (1) Except as provided in 80-7-1015 , when an invasive species is identified as infesting or threatening an area, the department with jurisdiction over that invasive species may designate and administer an invasive species management area for a specific area of land or for a body or bodies of water for a specific or indeterminate amount of time to prevent and control the infestation or spread of that invasive species.

(2) To the extent practicable, prior to the designation of an invasive species management area, the department making the designation shall coordinate with all of the departments in order to further the purposes of this part.

(3) The designation of an invasive species management area must specify:

(a) the invasive species present or considered threatening; and

(b) the method or methods for preventing the introduction of the species or controlling or eradicating the species, including regulations pertaining to:

(i) the use of quarantine measures;

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

(iii) whether check stations will be used to inspect and clean vessels and equipment moving within, to, or from the area. Mandatory inspections of any interior portion of a vessel or equipment that may contain water may occur only if the use of mandatory inspections is included as part of quarantine measures established pursuant to subsection (3)(b)(i).

(4) As far as practical, signs indicating that an invasive species management area is in place must be posted in an effective manner at access points to the designated area and along the boundaries and within the area. 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.
Mont. Code Ann. § 80-11-516 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-516
80-11-516 Delivery of invoice -- form -- filing of sworn statement -- payment of assessment -- refund
Status: in_force

80-11-516 . Delivery of invoice -- form -- filing of sworn statement -- payment of assessment -- refund. (1) The first purchaser of a commodity at the time of sale or the mortgagee, pledgee, 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 commodity 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 commodity or entering it into storage;

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

(c) the quantity of commodity sold, mortgaged, pledged, delivered, or stored; and

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

(2) (a) Within 20 days after the end of a month in which a first purchaser purchases a commodity or in which a lender makes a loan or advance on a commodity, the first purchaser, mortgagee, or pledgee shall file with the department, on forms prescribed by the department, a sworn statement of:

(i) the quantity of a commodity purchased in Montana;

(ii) the quantity mortgaged or pledged or otherwise transferred or liened as security for a loan during the preceding calendar month; or

(iii) the quantity delivered or stored.

(b) At the time that the sworn statement is filed, the first purchaser or lender shall pay to the department the assessment provided for in 80-11-515 for deposit in the appropriate account in the state special revenue fund.

(3) The statements referred to in subsections (1) and (2) must be legible and without corrections or erasures. A person may not alter any part of a statement.

(4) If the first purchaser fails to pay the department the assessment prescribed in subsection (2) within 60 days, the amount of the uncollected assessment must be considered a lien upon the assets of the first purchaser. The department, in its discretion, may:

(a) suspend or revoke any license authorizing the first purchaser to purchase the commodity;

(b) place a stop purchase or stop sale order on commodities being purchased by the first purchaser;

(c) apply for and obtain an injunction; or

(d) seek a penalty set forth in 80-11-519 .

(5) After 30 days and before 90 days following the deduction of the assessment by the first purchaser or the first lender under 80-11-515 or as otherwise provided by department rule, 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 for 2 years after the refund is made, after which records of refunds may be destroyed. All original invoices must be returned to the seller with the refund payment.
Mont. Code Ann. § 80-4-726 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-726
80-4-726 Copies of grades and rules to be furnished and displayed by warehouse operators
Status: in_force

80-4-726 . Copies of grades and rules to be furnished and displayed by warehouse operators. (1) The department shall, immediately after the adoption of rules establishing grades fixing dockage, supply all warehouse operators with a copy of the grades and rules. A warehouse operator shall keep a copy on file in a convenient place in each warehouse. If an office is maintained in connection with the warehouse, a copy of the grades and rules shall be kept on file in the office. A placard notice must be posted in a conspicuous place in every warehouse and office, reading "A copy of Montana grades and rules is on file here for information of interested parties".

(2) A warehouse operator shall exhibit a copy of the grades and rules to any interested party at any warehouse or office and permit the interested party to examine the copy.
Mont. Code Ann. § 80-18-110 — MT Code / Title 80 / Chapter 18 / Part 1 / Section 80-18-110
80-18-110 Disposition of fees
Status: in_force

80-18-110 . Disposition of fees. All fees assessed as provided in 80-18-107 must be deposited with the state treasurer to the credit of the state special revenue fund for the use of the department for administering and enforcing this part.
Mont. Code Ann. § 80-9-303 — MT Code / Title 80 / Chapter 9 / Part 3 / Section 80-9-303
80-9-303 Violation -- penalty -- injunction -- appeal
Status: in_force

80-9-303 . Violation -- penalty -- injunction -- appeal. (1) A person who is convicted of violating this chapter or rules adopted under this chapter or who obstructs, prevents, or attempts to obstruct or prevent the department in the performance of its duty under this chapter is subject to one or both of the following penalties:

(a) a misdemeanor and shall be fined not less than $100 or more than $300 for the first violation and not less than $500 or more than $1,000 for a subsequent violation;

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

(2) The department may by rule establish a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under subsection (1)(b). In developing rules for determining appropriate civil penalties, the department shall consider the significance or gravity of a violation, the degree of care exercised by the offender, and the adverse impact or potential adverse impact or effects on animals or humans. Violations that are determined to be nonsignificant but that are repeated within a 2-year period may also subject a person to a civil penalty. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.

(3) Nothing in this chapter requires the department to prosecute, begin seizure proceedings, issue civil penalties, or issue an embargo order as a result of minor violations or when it believes the public interest will best be served by suitable notice of warning in writing.

(4) A county attorney to whom a violation is reported shall prosecute in a court of competent jurisdiction without delay. Before the department reports a violation for prosecution, an opportunity must be given the person to present the person's view to the department.

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

(6) Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within 30 days seek judicial review in the district court of the first judicial district.
Mont. Code Ann. § 80-3-303 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-303
80-3-303 Powers and duties of department
Status: in_force

80-3-303 . Powers and duties of department. (1) The department may:

(a) enter a premises at any reasonable time to inspect produce for condition, for grade, for determining compliance with the provisions of this part, or for compliance with the FDA Food Safety Modernization Act, 21 U.S.C. 2201, et seq.; and

(b) cooperate with and enter into agreements with governmental agencies of this state, agencies of other states, agencies of the U.S. government, and private associations, in furtherance of this part.

(2) (a) The department shall adopt rules necessary for the efficient implementation of this part.

(b) The department may adopt by reference regulations adopted under the FDA Food Safety Modernization Act, 21 U.S.C. 2201, et seq.
Mont. Code Ann. § 80-12-104 — MT Code / Title 80 / Chapter 12 / Part 1 / Section 80-12-104
80-12-104 Powers to be interpreted broadly
Status: in_force

80-12-104 . Powers to be interpreted broadly. The powers enumerated in this chapter must be interpreted broadly to effectuate the purposes of the authority and may not be construed as a limitation of powers.
Mont. Code Ann. § 80-18-107 — MT Code / Title 80 / Chapter 18 / Part 1 / Section 80-18-107
80-18-107 Rulemaking authority
Status: in_force

80-18-107 . Rulemaking authority. The department shall adopt rules that include but are not limited to:

(1) testing of the hemp during growth to determine tetrahydrocannabinol levels;

(2) supervision of the hemp during its growth and harvest;

(3) assessment of a fee that is commensurate with the costs of the department's activities in licensing, testing, and supervising hemp production;

(4) a hemp definition that complies with United States department of agriculture requirements and state regulation;

(5) regulations for hemp derivatives and hemp crude, including licensing, fees, and transportation requirements;

(6) necessary licensing requirements; and

(7) any other rules and procedures necessary to carry out this part.
Mont. Code Ann. § 80-2-103 — MT Code / Title 80 / Chapter 2 / Part 1 / Section 80-2-103
80-2-103 Administration of trust assets
Status: in_force

80-2-103 . Administration of trust assets. Funds and the proceeds of the trust assets that are not authorized to be administered by the secretary of agriculture under 80-2-102 must be received by the department and paid by it to the state treasurer for deposit in the state special revenue fund, to be used for expenditure or obligation by the department for the purposes of 80-2-102 or for the rural rehabilitation purposes permissible under the charter of the now dissolved Montana rural rehabilitation corporation as may be agreed upon between the department and the secretary of agriculture, subject to Public Law 499.
Mont. Code Ann. § 80-7-702 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-702
80-7-702 Rulemaking authority
Status: in_force

80-7-702 . Rulemaking authority. The department of agriculture shall adopt all necessary rules for the regulation of the importation or sale of materials as provided in 80-7-701 . The department in adopting the rules may provide for the establishment of inspection stations, the appointment of inspectors, the establishment of the inspection fees, the issuance of certificates, the methods of transporting and packaging, the regulation of nursery stock commerce, and other rules and procedures necessary to carry out 80-7-701 through 80-7-704 .
Mont. Code Ann. § 80-10-209 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-209
80-10-209 Publications
Status: in_force

80-10-209 . Publications. The department may publish by electronic or other means annual information concerning the sales of commercial fertilizers and soil amendments, together with data on their production and use as it considers advisable, and may report the results of the analyses based on official samples of commercial fertilizers and soil amendments sold in this state.
Mont. Code Ann. § 80-7-1017 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1017
80-7-1017 Invasive species grant account
Status: in_force

80-7-1017 . Invasive species grant account. (1) There is an invasive species grant account in the state special revenue fund established in 17-2-102 . Subject to appropriation by the legislature, money deposited in the account must be used pursuant to 80-7-1018 and this section.

(2) Deposits to the account may include but are not limited to grants, gifts, transfers, bequests, donations, and appropriations from any source.

(3) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.

(4) Money deposited in the account may be used for costs incurred by the department of natural resources and conservation to administer the provisions of 80-7-1018 . Except for startup costs incurred in the first year of the program, the administrative costs in any fiscal year, including but not limited to personal services and operations, may not exceed 10% of the total amount of grants and contracts awarded pursuant to 80-7-1018 in the previous fiscal year.
Mont. Code Ann. § 80-10-501 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-501
80-10-501 Short title
Status: in_force

80-10-501 . Short title. This part shall be known and may be cited as the "Anhydrous Ammonia Facilities Safety Act".
Mont. Code Ann. § 80-7-402 — MT Code / Title 80 / Chapter 7 / Part 4 / Section 80-7-402
80-7-402 Quarantines and pest management procedures -- department rules
Status: in_force

80-7-402 . Quarantines and pest management procedures -- department rules. The department may adopt rules concerning:

(1) intrastate and interstate quarantines;

(2) procedures to investigate and enforce quarantines to prevent the introduction or spread of plant pests, plants capable of spreading plant pests, plants defined as noxious weeds in 7-22-2101 , and other exotic plants defined by department rule as plant pests;

(3) pest management standards and procedures for surveying and controlling plant pests;

(4) procedures for the introduction of plant pests and biological control agents into the state; and

(5) procedures for the recovery of expenses and imposition of penalties.
Mont. Code Ann. § 80-15-217 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-217
80-15-217 Management plans -- rulemaking -- review
Status: in_force

80-15-217 . Management plans -- rulemaking -- review. (1) The department shall adopt specific agricultural chemical ground water management plans through rulemaking; however, the department may implement emergency plans as set forth in 80-8-105 (4) or as authorized by the Montana Administrative Procedure Act. Prior to rulemaking, the department shall provide to the department of environmental quality a copy of each proposed specific agricultural chemical ground water management plan. A 30-day period must be provided for the department of environmental quality to prepare comments on the plan.

(2) The department shall review agricultural chemical ground water management plans periodically to determine if the requirements contained in the plans need to be modified based on new scientific data and information. Plan modifications must be accomplished by rulemaking.
Mont. Code Ann. § 80-15-102 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-102
80-15-102 Definitions
Status: in_force

80-15-102 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Agricultural chemical" means any of the following:

(a) a pesticide as defined in 80-8-102 ;

(b) an isomer, degradation, or metabolic product of a pesticide; or

(c) a commercial fertilizer as defined in 80-10-101 .

(2) "Aquifer" means a water-bearing, subsurface formation capable of yielding sufficient quantities of water to a well for a beneficial use.

(3) "Best management plans" and "best management practices" mean activities, procedures, and practices established by the department, in consultation with the Montana state university-Bozeman extension service, to prevent or remedy the introduction of agricultural chemicals into ground water to the extent technically and economically practical.

(4) "Board" means the board of environmental review provided for in 2-15-3502 .

(5) "Confirmatory procedure" means a process for verifying the detection of agricultural chemicals in water, soil, and other related media.

(6) "EPA" means the United States environmental protection agency.

(7) "Ground water" means any water of the state occupying the voids within a geologic formation and within the zone of saturation.

(8) "Interim numerical standard" means a health-based number that expresses the concentration of an agricultural chemical allowed in ground water and that is adopted by a rule of the department of environmental quality pursuant to 80-15-201 (3) or (4).

(9) "Margin of safety" means numerical margins that are applied to the no observable effect level in an agricultural chemical toxicology study and that are used by the EPA to extrapolate data obtained from studies of animals to humans, including sensitive individuals.

(10) "No observable effect level" means the highest dose level of an agricultural chemical to which a laboratory animal is exposed, per unit of body weight, at which no effect is observed, as established by EPA's pesticide registration process.

(11) "Nonpoint source" means a diffuse source of agricultural chemicals resulting from human activities over a relatively large area, the effects of which must normally be addressed or controlled by a management or conservation practice.

(12) "Nonpromulgated federal standard" means a health advisory or a suggested no adverse response level that is published but not promulgated by regulation by EPA and that is a suggested measure of the health risk represented by the concentration of an agricultural chemical in water.

(13) "Numerical risk assessment" means a scientific procedure used to measure the statistical probability of human health risk associated with exposure to an agricultural chemical.

(14) "Oncogenic potential" means the potential of an agricultural chemical to cause tumors in laboratory animals and the extrapolation of that potential to humans through use of statistical models and other evidence.

(15) "Person" means any individual, group, firm, cooperative, corporation, association, partnership, political subdivision, state or federal government agency, or other organization or entity.

(16) "Point of standards application" means the specific location in an aquifer where ground water quality and quantity are sampled, measured, evaluated, or otherwise used by either the department or the department of environmental quality to implement the provisions of this chapter.

(17) "Point source" means a point source as defined in 75-5-103 , including but not limited to chemical mixing, loading, and storage sites and sites of agricultural chemical spills.

(18) "Promulgated federal standard" means an agricultural chemical maximum contaminant level as established under the federal Safe Drinking Water Act, a national primary drinking water standard, or an interim drinking water regulation or other EPA regulation based on federal law.

(19) "Registrant" means a person as defined in 80-8-102 and 80-10-101 .

(20) "Standard" means the numerical value expressing the concentration of an agricultural chemical in ground water that, when exceeded, presents a potential human health risk over a lifetime of consumption and that is adopted by a rule of the department of environmental quality as required by 80-15-201 .

(21) "Use" means any act of handling or release of an agricultural chemical or exposure of humans or the environment to an agricultural chemical, including but not limited to application, mixing, loading, storage, disposal, or transportation.
Mont. Code Ann. § 80-7-110 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-110
80-7-110 Removal of nursery stock -- assessment of costs
Status: in_force

80-7-110 . Removal of nursery stock -- assessment of costs. If a firm, nursery, plant dealer, or landscape service that owns nursery stock or other materials infected or infested with any injurious plant pest fails to comply with the instructions of the department for the destruction or control of the injurious plant pest or the destruction of the infested or infected nursery stock or other material within the time specified by the department, the department may condemn, remove, or destroy the nursery stock or other material or treat it with a proper remedy at the expense of the owner.