reglab/housing_qa huggingface dataset:
MT Code § 80-7-905 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-905. Powers and duties of department

  80-7-905. Powers and duties of department. The department may:   (1) provide for administration and enforcement of this part;   (2) enter into contracts and agreements;   (3) authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations that are required for administering 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 publicity and promotional campaigns to increase the incentives to use Montana forage that is free of noxious weed seed and to make publicity and promotional contracts and other agreements as necessary;   (6) establish certification standards and processes for forage and byproducts of forage and determine if processed forage byproducts are noxious weed seed free, based upon field of origin or verification that the production process has destroyed the viability of noxious weed seeds;   (7) establish fee assessments and accept other funds to make the certification program financially self-supporting;   (8) establish a standard range of variances or tolerances for noxious weed seeds in different forage subject to certification as noxious weed seed free, based upon scientific and operational considerations;   (9) administer rules and orders to be adopted for the exercise of its power and the performance of its duties, in accordance with Title 2, chapter 4;   (10) 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, and enter into contracts or agreements with organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity, reciprocity, and enforcement of this part;   (11) hire employees and designate authorized agents to conduct certification inspections, investigations, and sampling and to collect evidence of possible violations of this part; and   (12) accept grants, donations, and gifts from any source and expend those funds for any purpose consistent with this part, which may be specified as a condition of any grant, donation, or gift.   History: En. Sec. 5, Ch. 521, L. 1995.
MT Code § 80-7-906 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-906. Certification

  80-7-906. Certification. (1) A person shall make an annual application to the department for certifying forage. The person shall comply with all certification standards and processes and pay any required fees prior to receiving certification approval and identification markers for the forage. If a production tonnage fee is established, the department may establish the method and time of payment.   (2) A person who wishes to deliver forage as noxious weed seed free into this state from out of state shall notify the department and pay any application fee or other appropriate fee, including an inspection fee, if required, prior to delivering the forage. The forage must be certified as noxious weed seed free from the state or province of origin if the department approves the certification through a reciprocal agreement or other process approved by the department. The department may waive some certification documentation or fees based upon the provisions in a reciprocal agreement.   History: En. Sec. 6, Ch. 521, L. 1995.
MT Code § 80-7-907 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-907. Fees

  80-7-907. Fees. (1) The department, with the advice of the advisory council, may establish fees to support the cost of administering the noxious weed seed free forage program. Fees may be established for:   (a) processing applications;   (b) per acre inspection of forage;   (c) inspection of facilities;   (d) minimum administration;   (e) inspection related to processing or manufacturing forage into pellets, cubes, and related products;   (f) certification identification markers;   (g) mileage and per diem; and   (h) import inspection.   (2) Fees, structures, and procedures must be recommended to the department by the advisory council.   History: En. Sec. 7, Ch. 521, L. 1995.
MT Code § 80-7-908 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-908. Deposit and disbursement of funds -- records -- investment

  80-7-908. Deposit and disbursement of funds -- records -- investment. (1) There is a state noxious weed forage account in the state special revenue account. All funds received by the department from fees or penalties collected or received under 80-7-905 through 80-7-907, 80-7-921, and 80-7-922(1) and all other related funds received must be deposited in the state noxious weed forage account.   (2) The department may by contract allow for the collection of fees authorized under 80-7-907. A portion of the fees collected may be retained by the collector, and the portion of the fees assigned to the department must be submitted to the department. The contract must require:   (a) a record of the name of the person collecting fees;   (b) a record of fees collected;   (c) a record of the amounts submitted to the department;   (d) a record of the amount retained by the collector; and   (e) that all records be kept in accordance with generally accepted accounting principles.   (3) Funds received under 80-7-905 through 80-7-907, 80-7-921, and 80-7-922(1) that are not immediately required for the purposes of this part must be invested under provisions of the unified investment program established in Title 17, chapter 6, part 2. The income from the investments must be deposited in the state special revenue fund and credited to the department.   (4) Funds received pursuant to this part are available for appropriation to the department for the administration of the noxious weed seed free forage program and for the purposes of this part.   History: En. Sec. 8, Ch. 521, L. 1995; amd. Sec. 15, Ch. 10, L. 2009.
MT Code § 80-7-909 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-909. Rules

  80-7-909. Rules. The department may, with the advice of the advisory council appointed under 80-7-904, adopt rules necessary to carry out its responsibilities under this part in accordance with Title 2, chapter 4. The rules may include but are not limited to:   (1) contracts and agreements;   (2) certification standards, processing, and sampling and equipment standards and operation;   (3) inspections and investigation procedures and standards;   (4) operations;   (5) records;   (6) application, inspection, production, import, certification identification, mileage, and per diem fees and their collection;   (7) reciprocal agreements with other states or Canadian provinces; and   (8) penalties, stop sales, condemnation, and other orders.   History: En. Sec. 9, Ch. 521, L. 1995.
MT Code § 80-7-910 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-910. Investigation and enforcement authority

  80-7-910. Investigation and enforcement authority. (1) In enforcing the provisions of this part, the department or its authorized agents, upon reasonable cause, may enter any private or public premises, property, or vehicle with a warrant or with the consent of the inhabitant or owner to inspect, sample, or investigate at reasonable times forage subject to certification or sale as certified forage or as free of noxious weed seeds.   (2) All enforcement actions and orders must be made under the contested case provisions of Title 2, chapter 4, part 6.   History: En. Sec. 10, Ch. 521, L. 1995.
MT Code § 80-7-911 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-911. Stop sale, use, or removal order

  80-7-911. Stop sale, use, or removal order. When the department has reasonable cause to believe that a person is selling, distributing, storing, transporting, or using forage in violation of any of the provisions of this part, a written stop sale, use, or removal order may be issued to that person. If the person is not available for service of the order, the department may attach the order to the forage and notify the person. The forage may not be sold, used, or removed until compliance with the provisions of this part is achieved. The department may release the order once compliance is achieved. The department may require that the forage be sold or used only as an uncertified forage or delivered back to the seller, or the department may order condemnation of any forage that does not meet the requirement of this part or other alternatives established by rule. The department, upon finding that the person responsible for the embargoed forage has failed to comply with the order in any respect, may petition the district court of the first judicial district for enforcement of the order.   History: En. Sec. 11, Ch. 521, L. 1995.
MT Code § 80-7-912 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-912. Prohibited acts

  80-7-912. Prohibited acts. (1) It is unlawful for a person to certify or sell as certified or as noxious weed seed free any forage as free of noxious weed seed within this state, unless the forage is identified under a department-approved process as "Montana certified" and the forage meets all the requirements of this part. A person may not designate forage as certified or use any other title, designation, words, letters, abbreviations, sign, card, or identifier tending to indicate that the forage is certified unless the forage meets all the requirements of this part.   (2) Forage certified under a reciprocal agreement between the department and another state or Canadian province and identified according to approved certification standards to be shipped into the state or shipped to another state or province must meet the requirements of this part.   (3) All forage products used by public utilities and local, county, state, or federal agencies, including but not limited to mulches, bedding materials, and erosion control barriers, must be certified as noxious weed seed free. All seeds used for reclamation purposes by public utilities and local, county, state, or federal agencies must be free of noxious weed seeds and be certified seed according to Title 80, chapter 5.   History: En. Sec. 12, Ch. 521, L. 1995.
MT Code § 80-7-913 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-913. Creation of certification programs -- other materials

  80-7-913. Creation of certification programs -- other materials. (1) The department may by rule establish certification programs for materials other than forage. Certification may include but is not limited to:  (a) noxious weed free;   (b) noxious weed and seed free; or   (c) invasive organism free.   (2) Programs established in accordance with subsection (1) must be paid for using fees or donations and may not be mandated by the department.   (3) All fees, materials, and standards for programs established in accordance with this section must be included in rules established in accordance with subsection (1).   (4) A person who falsely claims a certification created under this section is subject to penalties under 80-7-922.   (5) To assist in implementation of a program, the department may enter into agreements with counties, the Montana state university extension service, other states, federal agencies, or other parties.   History: En. Sec. 1, Ch. 90, L. 2021.
MT Code § 80-7-914 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-914. through 80-7-920 reserved

  80-7-914 through 80-7-920 reserved.
MT Code § 80-7-921 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-921. Penalty for nonpayment of fees

  80-7-921. Penalty for nonpayment of fees. In addition to the penalties set out in 80-7-922, a person who fails to pay or improperly pays any fee assessment or fee assessed under the provisions of this part is subject to a penalty of $100 or double the assessment, whichever is greater, including the original fee. The penalty must be paid to the department and deposited as provided in 80-7-908. A certification issued to a person who fails to pay or improperly pays any fee assessment or fee assessed under the provisions of this part is invalid until the original fee and penalty are paid to the department.   History: En. Sec. 13, Ch. 521, L. 1995.
MT Code § 80-7-922 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-922. Penalties

  80-7-922. Penalties. A person who violates or aids in a violation of any of the provisions of this part or any rules or orders of the department adopted under this part is subject to the following penalties:   (1) a civil penalty of not more than $1,000 for each offense. Assessment of a civil penalty by the department may be made in conjunction with any other warning, order, or administrative action authorized by this part that is issued by the department.   (2) a misdemeanor penalty of not less than $100 or more than $1,500 or up to 6 months' imprisonment, or both, if the person is convicted in district court.   History: En. Sec. 14, Ch. 521, L. 1995.
MT Code § 80-7-923 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-923. Injunction authorized

  80-7-923. Injunction authorized. The department may commence a civil action in the district court of the first judicial district seeking appropriate relief, including a permanent or temporary injunction, for a violation of this part.   History: En. Sec. 15, Ch. 521, L. 1995.
MT Code § 80-7-924 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 9. Noxious Weed Seed Free Forage Act|80-7-924. Embargo

  80-7-924. Embargo. Upon receiving a report from a district weed board, as provided in 7-22-2126, that forage is subject to embargo and upon verification of a violation of this part, the department shall enforce the embargo throughout the state and issue appropriate stop sale orders as provided in 80-7-911.   History: En. Sec. 16, Ch. 521, L. 1995.
MT Code § 80-7-1001 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1001. Short title

  80-7-1001. Short title. This part may be cited as the "Montana Aquatic Invasive Species Act".   History: En. Sec. 1, Ch. 429, L. 2009.
MT Code § 80-7-1002 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1002. Legislative findings and purpose

  80-7-1002. Legislative findings and purpose. (1) The legislature finds that:   (a) invasive species can wreak damage on the economy, environment, recreational opportunities, and human health in Montana;   (b) there is reason to be concerned about the further introduction, importation, and infestation of Eurasian watermilfoil (Myriophyllum spicatum) and the introduction, importation, and infestation of additional invasive species in Montana, such as the zebra mussel (Dreissena polymorpha) and the quagga mussel (Dreissena bugensis), that could cause catastrophic damage to not only our waterways, rivers, and lakes, our water storage, delivery, and irrigation systems, our hydroelectric power structures and systems, and our aquatic ecosystems, but also to the entire state economy;   (c) as infestations of threatening invasive species move ever closer to Montana's borders, protecting Montana against these species is of utmost importance to the state economy, environment, recreational opportunities, and human health for the benefit of all Montanans;   (d) preventing the introduction, importation, and infestation of invasive species is the most effective and least costly strategy for combating invasive species that, once established, are often difficult to control or eradicate;   (e) the use of check stations, at which vessels and equipment may be inspected for the presence of invasive species and cleaned if an invasive species is detected, is an effective way to prevent the introduction, importation, and infestation of invasive species that are easily transferred from infested areas to uninfested areas when proper precautions are not taken; and   (f) preventing the introduction, importation, and infestation of invasive species is best accomplished through coordinated educational and management activities.   (2) The purpose of this part is to establish a mechanism for Montana to take concerted action to detect, control, and manage invasive species, including preventing further introduction, importation, and infestation, by educating the public about the threat of these species, coordinating public and private efforts and expertise to combat these species, and authorizing the use of check stations to prevent the movement of invasive species from infested areas to uninfested areas to protect the state's economy, environment, recreational opportunities, and human health for the benefit of all Montanans.   History: En. Sec. 2, Ch. 429, L. 2009; amd. Sec. 1, Ch. 378, L. 2011; amd. Sec. 2, Ch. 354, L. 2013.
MT Code § 80-7-1003 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1003. Definitions

  80-7-1003. Definitions. As used in this part, the following definitions apply:  (1) "Departments" means the department of agriculture, the department of fish, wildlife, and parks, the department of natural resources and conservation, and the department of transportation.   (2) "Drain plug" means a valve or device used to control the drainage of water from a compartment designed to hold water, such as a bilge, livewell, or ballast tank. The term does not include a permanently sealed device, like those used to prevent water from filling a pontoon, unless the compartment the device is permanently sealed to is compromised and contains water.   (3) "Equipment" means an implement or machinery that has been wholly or partially immersed in surface waters, including but not limited to boat lifts, trailers transporting vessels, floating docks, pilings, dredge pipes, and buoys.   (4) "Invasive species" means, upon the mutual agreement of the directors of the departments, a nonnative, aquatic species that has caused, is causing, or is likely to cause harm to the economy, environment, recreational opportunities, or human health.   (5) "Invasive species management area" means a designation made by a department under 80-7-1008 for a specific area or for a body or bodies of water for a specific or indeterminate amount of time that regulates invasive species or potential carriers of invasive species within the boundaries of that area.   (6) "Person" means an individual, partnership, corporation, association, limited partnership, limited liability company, governmental subdivision, agency, or public or private organization of any character.   (7) "Tributaries to the Columbia River" means all water bodies in Montana from which water drains into the Columbia River.   (8) "Vessel" has the meaning provided in 61-1-101.   History: En. Sec. 3, Ch. 429, L. 2009; amd. Sec. 2, Ch. 378, L. 2011; amd. Sec. 3, Ch. 354, L. 2013; amd. Sec. 8, Ch. 348, L. 2017; amd. Sec. 1, Ch. 192, L. 2021.
MT Code § 80-7-1004 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1004. Invasive species account

  80-7-1004. (Temporary) Invasive species account. (1) There is an invasive species account in the state special revenue fund. The account is administered by the department of fish, wildlife, and parks.   (2) Money transferred from any lawful source, including but not limited to fees collected pursuant to 15-65-121, 15-72-601, and 23-2-541, and gifts, grants, donations, securities, or other assets, public or private, may be deposited in the account.   (3) Subject to subsection (4), money deposited in the account must be used for projects that prevent or control any nonnative, aquatic invasive species pursuant to this part.   (4) Any private contribution deposited in the account for a particular purpose, as stated by the donor, must be used exclusively for that purpose.   (5) At the end of each fiscal year, unreserved funds in the account, including any interest and earnings, must be transferred to the invasive species trust fund established in 80-7-1016.   (6) The department of fish, wildlife, and parks may not recover indirect costs from the invasive species account. (Terminates June 30, 2023--sec. 18, Ch. 356, L. 2019.)   80-7-1004. (Effective July 1, 2023) Invasive species account. (1) There is an invasive species account in the state special revenue fund. The account is administered by the department of fish, wildlife, and parks.   (2) Money transferred from any lawful source, including but not limited to fees collected pursuant to 15-65-121, 15-72-601, and 23-2-541, and gifts, grants, donations, securities, or other assets, public or private, may be deposited in the account.   (3) Subject to subsection (4), money deposited in the account must be used for projects that prevent or control any nonnative, aquatic invasive species pursuant to this part.   (4) Any private contribution deposited in the account for a particular purpose, as stated by the donor, must be used exclusively for that purpose.   (5) At the end of each fiscal year, unreserved funds in the account, including any interest and earnings, must be transferred to the invasive species trust fund established in 80-7-1016.   (6) The department of fish, wildlife, and parks may recover not more than 5% in indirect costs from the invasive species account.   History: En. Sec. 4, Ch. 429, L. 2009; amd. Sec. 4, Ch. 354, L. 2013; amd. Secs. 6, 7, Ch. 387, L. 2017; amd. Secs. 5, 6, 7, Ch. 356, L. 2019.
MT Code § 80-7-1005 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1005. Cooperative agreement for invasive species detection and control

  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.   History: En. Sec. 5, Ch. 429, L. 2009; amd. Sec. 3, Ch. 378, L. 2011.