reglab/housing_qa huggingface dataset:
MT Code § 80-9-302 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 3. Enforcement and Penalties|80-9-302. Enforcement -- embargo order -- condemnation

  80-9-302. Enforcement -- embargo order -- condemnation. (1) When the department has reasonable cause to believe any lot of commercial feed or other feed is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written or printed embargo order requiring the person holding the commercial feed not to dispose of it in any manner until written permission is given by the department or the court. The department shall release the feed when this chapter and the rules of the department have been complied with. If compliance is not obtained within 30 days, the department may begin or, upon the request of the registrant, manufacturer, licensee, or person holding the commercial feed, shall begin proceedings for condemnation.   (2) Commercial feed not in compliance with this chapter or the rules of the department may be seized on complaint of the department to a district court in the area in which the commercial feed is located. If the court finds the commercial feed in violation of this chapter and orders its condemnation, it must be disposed of in any manner consistent with the quality of the commercial feed and state law. The disposition of the commercial feed may not be ordered by the court without first giving the owner or person from whom the feed was seized an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.   History: En. Sec. 12, Ch. 356, L. 1973; R.C.M. 1947, 3-2036; amd. Sec. 11, Ch. 396, L. 1999; amd. Sec. 4, Ch. 46, L. 2017.
MT Code § 80-9-303 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 3. Enforcement and Penalties|80-9-303. Violation -- penalty -- injunction -- appeal

  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.   History: En. Sec. 13, Ch. 356, L. 1973; R.C.M. 1947, 3-2037(1) thru (5); amd. Sec. 12, Ch. 396, L. 1999.
MT Code § 80-9-304 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 9. Commercial Feeds|Part 3. Enforcement and Penalties|80-9-304. Disclosure of information prohibited

  80-9-304. Disclosure of information prohibited. (1) A person who uses to that person's own advantage or reveals to persons other than officers of the department or to the courts when relevant in a judicial proceeding any information acquired under this chapter concerning any method, records, formulations, or processes which as a trade secret is entitled to protection is guilty of a misdemeanor and shall be fined not more than $300 or imprisoned for not more than 1 year, or both.   (2) The department may exchange information of a regulatory nature with the proper officials of the United States government or of other states who are similarly prohibited by law from revealing that information. The department may not release information obtained from officials of the United States government or of other states when those officials have determined and advised the department in writing that, based on the statutes governing those officials, the information is confidential.   History: En. Sec. 13, Ch. 356, L. 1973; R.C.M. 1947, 3-2037(6); amd. Sec. 13, Ch. 396, L. 1999.
MT Code § 80-10-102 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 1. General Provisions|80-10-102. Guaranteed analysis

  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 (P2O5) %   Soluble potash (K2O) %   (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.   History: En. 3-1714.1 by Sec. 87, Ch. 218, L. 1974; Sec. 3-1714.1, R.C.M. 1947; amd. and redes. 3-1714.3 by Sec. 2, Ch. 279, L. 1975; amd. Sec. 18, Ch. 13, L. 1977; R.C.M. 1947, 3-1714.3; amd. Sec. 5, Ch. 395, L. 2009.
MT Code § 80-10-103 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 1. General Provisions|80-10-103. Assessment to fund educational and experimental programs -- collection

  80-10-103. Assessment to fund educational and experimental programs -- collection. Money to fund 80-10-104 through 80-10-106 must be produced by an assessment of 75 cents per ton of fertilizer manufactured in or distributed into Montana. Collections must be made in accordance with procedures in 80-10-207 and payment is the responsibility of the in-state manufacturer or of the supplier if the fertilizer is not manufactured in Montana.   History: En. Sec. 1, Ch. 397, L. 1971; amd. Sec. 19, Ch. 13, L. 1977; R.C.M. 1947, 3-1729; amd. Sec. 3, Ch. 197, L. 1985; amd. Sec. 6, Ch. 395, L. 2009; amd. Sec. 1, Ch. 423, L. 2009.
MT Code § 80-10-104 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 1. General Provisions|80-10-104. Allocation of assessment

  80-10-104. Allocation of assessment. The assessment provided for in 80-10-103 must be collected by the department, and up to 1% must be retained by the department for costs of collection. The balance must be deposited in the state special revenue fund with 25% for use by the cooperative extension service and 75% for use by the agricultural experiment station in programs recommended by the fertilizer advisory committee provided for in 2-15-1516 and approved by the respective directors.   History: En. Sec. 2, Ch. 397, L. 1971; amd. Sec. 98, Ch. 218, L. 1974; R.C.M. 1947, 3-1730; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 423, L. 2009.
MT Code § 80-10-105 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 1. General Provisions|80-10-105. Educational and experimental programs

  80-10-105. Educational and experimental programs. (1) The moneys provided by 80-10-103 shall be used for comprehensive statewide educational and experimental programs aimed at optimum use of fertilizers for feed and food production.   (2) Major goals are to improve Montana's economy by providing farmers and ranchers the most accurate information possible about fertilizer use and soil management for greatest profits consistent with environmental protection on the many varied soil and climatic conditions of the state.   History: En. Sec. 3, Ch. 397, L. 1971; R.C.M. 1947, 3-1731.
MT Code § 80-10-106 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 1. General Provisions|80-10-106. Meetings and functions of advisory committee

  80-10-106. Meetings and functions of advisory committee. The advisory committee shall meet a minimum of once each year with the directors of the cooperative extension service and the agricultural experiment station to perform the following functions:   (1) review the educational and experimental programs financed by this chapter;   (2) recommend needed programs and/or program adjustments;   (3) report to the Montana house and/or senate agriculture committees as requested.   History: En. Sec. 6, Ch. 397, L. 1971; R.C.M. 1947, 3-1734.
MT Code § 80-10-107 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 1. General Provisions|80-10-107. through 80-10-109 reserved

  80-10-107 through 80-10-109 reserved.
MT Code § 80-10-110 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 1. General Provisions|80-10-110. Regulation of commercial fertilizers and soil amendments by political subdivision prohibited

  80-10-110. Regulation of commercial fertilizers and soil amendments by political subdivision prohibited. (1) Except as provided in subsection (2), a political subdivision may not regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments. A political subdivision may not adopt or continue in effect any local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments. Local legislation adopted or continued in violation of this section is void and unenforceable.   (2) (a) A political subdivision may enter into a cooperative agreement with the department concerning the use and application of commercial fertilizers or soil amendments.   (b) Nothing in subsection (1) prevents a political subdivision from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities.   History: En. Sec. 1, Ch. 395, L. 2009.
MT Code § 80-10-201 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 2. Licensing and Registration|80-10-201. Registration

  80-10-201. Registration. (1) (a) Each brand and grade of fertilizer and each soil amendment except unmanipulated animal or vegetable manures must be registered by the manufacturer or the supplier on behalf of the manufacturer before distribution in this state. The application for registration must be submitted to the department on a form approved by the department and must be accompanied by:   (i) a nonrefundable fee of $20 per grade for each fertilizer and for each soil amendment;   (ii) a nonrefundable fee of $35 for each specialty fertilizer; and   (iii) a fee of $10 for each commercial and specialty fertilizer to be used for ground water protection, as required in 80-15-302(3).   (b) Upon approval, the department shall furnish a copy of the registration to the applicant. All registrations expire on December 31 of each year.   (2) (a) The application for registration must include:   (i) the brand and grade;   (ii) the guaranteed analysis;   (iii) the source of each plant food element guaranteed;   (iv) the name and address of the registrant;   (v) the net weight for packaged products;   (vi) an electronic copy of each label and labeling when requested by the department; and   (vii) analytical information on nutrient ingredients and nonnutrient ingredients as required by rule.   (b) The department shall require the applicant to furnish replicated data, performed by a reputable investigator whose work is recognized as acceptable by the director of the agricultural experiment station or the director's designee, verifying any claims for effectiveness or agricultural value of any fertilizer or soil amendment product that is not generally recognized as having the values claimed at the use rates recommended.   (3) A licensee is not required to register any brand and grade of commercial fertilizer that is already registered under this section by another person.   (4) Registration is not required for custom blends resulting from blending of registered products.   (5) A manufacturer or supplier may not register a product until full payment of the assessment fees provided for in 80-10-103 and 80-10-207 has been received by the department for each product.   History: En. 3-1715.1 by Sec. 3, Ch. 279, L. 1975; R.C.M. 1947, 3-1715.1(1), (2); amd. Sec. 4, Ch. 197, L. 1985; amd. Sec. 1, Ch. 27, L. 1989; amd. Sec. 1, Ch. 8, L. 2003; amd. Sec. 2606, Ch. 56, L. 2009; amd. Sec. 7, Ch. 395, L. 2009; amd. Sec. 5, Ch. 339, L. 2017.
MT Code § 80-10-202 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 2. Licensing and Registration|80-10-202. License required

  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.   History: En. 3-1715.1 by Sec. 3, Ch. 279, L. 1975; R.C.M. 1947, 3-1715.1(4); amd. Sec. 2, Ch. 27, L. 1989; amd. Sec. 8, Ch. 395, L. 2009; amd. Sec. 6, Ch. 339, L. 2017.
MT Code § 80-10-203 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 2. Licensing and Registration|80-10-203. Fertilizer to be uniform

  80-10-203. Fertilizer to be uniform. (1) The plant nutrient content of every brand and grade of commercial fertilizer shall remain uniform for the period of registration.   (2) The manufacturer or licensee shall at all times deliver a uniform grade of fertilizer or soil amendment. When two or more fertilizers are delivered in the same load, they shall be thoroughly and uniformly mixed unless they are in separate compartments.   History: En. 3-1715.1 by Sec. 3, Ch. 279, L. 1975; R.C.M. 1947, 3-1715.1(3), (5); amd. Sec. 7, Ch. 339, L. 2017.
MT Code § 80-10-204 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 2. Licensing and Registration|80-10-204. Labeling

  80-10-204. Labeling. (1) All commercial fertilizer distributed in this state in containers must have affixed to the container a label setting forth in clearly legible and conspicuous form the following information:   (a) net weight;   (b) name and address of the registrant or guarantor;   (c) brand;   (d) grade, except if no primary nutrients are claimed;   (e) guaranteed analysis;   (f) directions for use of the fertilizer by the end user; and   (g) other requirements as established by rule.   (2) Any bin in the state in which commercial fertilizer is stored for distribution must have affixed to or printed on it a label setting forth in clearly legible and conspicuous form:   (a) the guaranteed analysis of the product in the bin; and   (b) other requirements established by rule.   (3) All commercial fertilizer delivered in this state in bulk, whether a manufactured grade or blended grade, must be accompanied by a clearly legible document that must be supplied to the purchaser at the time of delivery. The document must show:   (a) net weight;   (b) name and address of the licensee, registrant, or guarantor;   (c) guaranteed analysis or, on custom-blended fertilizer, the net weight and guaranteed analysis of each ingredient added; and   (d) other requirements as established by rule.   (4) (a) When distributed in containers, soil amendments must have a label affixed to the container setting forth in clearly legible and conspicuous form the following information:   (i) net weight;   (ii) name and address of the registrant or guarantor;   (iii) brand and product name;   (iv) guaranteed analysis;   (v) soil amending ingredients listed in the following form:   Name of ingredient (identify and list all)%   Total other ingredients%   (vi) purpose of the product; and   (vii) other requirements, such as particle size, as established by rule.   (b) In the case of bulk shipments of soil amendments, the information required in subsection (4)(a) must be in clearly legible written or printed form, must accompany delivery, and must be supplied to the purchaser at the time of delivery.   History: En. 3-1716.1 by Sec. 4, Ch. 279, L. 1975; R.C.M. 1947, 3-1716.1; amd. Sec. 5, Ch. 197, L. 1985; amd. Sec. 2607, Ch. 56, L. 2009; amd. Sec. 9, Ch. 395, L. 2009; amd. Sec. 8, Ch. 339, L. 2017.
MT Code § 80-10-205 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 10. Commercial Fertilizers|Part 2. Licensing and Registration|80-10-205. Misbranding and adulteration prohibited

  80-10-205. Misbranding and adulteration prohibited. (1) A person may not distribute a misbranded fertilizer or soil amendment. A fertilizer or soil amendment is misbranded if:   (a) its labeling is false or misleading in any manner;   (b) it is distributed under the name of another fertilizer or soil amendment product;   (c) it is not labeled as required in 80-10-204 and in accordance with rules prescribed under this chapter;   (d) adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown on the label; or   (e) it purports to be or is represented as a fertilizer or soil amendment or is represented as containing a plant nutrient, fertilizer, or soil amendment ingredient unless that plant nutrient, fertilizer, or soil amendment conforms to the definition of identity, if any, prescribed by rule of the department. In adopting this type of rule, the department shall give consideration to commonly accepted definitions and official fertilizer and soil amendment terms as issued by the association of American plant food control officials.   (2) A person may not distribute an adulterated fertilizer or soil amendment product. A fertilizer or soil amendment is adulterated if:   (a) it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label;   (b) its composition falls below or differs from that which it is purported to possess by its labeling; or   (c) it contains crop seed or weed seed.   History: En. 3-1720.1 by Sec. 7, Ch. 279, L. 1975; R.C.M. 1947, 3-1720.1; amd. Sec. 10, Ch. 395, L. 2009.