reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 1. Rural Rehabilitation › 80-2-101. Trust assets of rural rehabilitation corporation -- department of agriculture designated to make application

80-2-101. Trust assets of rural rehabilitation corporation -- department of agriculture designated to make application.
The department of agriculture is designated as the department of Montana state government to apply to the secretary of agriculture of the United States or any other proper federal official under Public Law 499, 81st congress, approved May 3, 1950, for the return of the trust assets, either funds or property, held by the United States as trustee in behalf of the Montana rural rehabilitation corporation.
History: En. Sec. 1, Ch. 112, L. 1951; amd. Sec. 103, Ch. 218, L. 1974; R.C.M. 1947, 3-2801.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 1. Rural Rehabilitation › 80-2-102. Agreements with United States secretary of agriculture authorized

80-2-102. Agreements with United States secretary of agriculture authorized.
(1) The department shall enter into agreements with the secretary of agriculture of the United States under section 2(f) of Public Law 499, 81st congress, upon terms and conditions and for periods of time as are mutually agreeable, authorizing the secretary of agriculture to accept, administer, spend, and use in the state all or any part of the trust assets or any other funds of the state which may be appropriated for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as amended, and do all things necessary to carry out the agreements.
(2) The program must be administered with funds appropriated for such purposes and any request for an increase of spending authority for administering the program requires a budget amendment and is subject to Title 17, chapter 7, part 4.
History: En. Sec. 2, Ch. 112, L. 1951; amd. Sec. 104, Ch. 218, L. 1974; R.C.M. 1947, 3-2802; amd. Sec. 3, Ch. 328, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 1. Rural Rehabilitation › 80-2-103. Administration of trust assets

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.
History: En. Sec. 3, Ch. 112, L. 1951; amd. Sec. 45, Ch. 147, L. 1963; amd. Sec. 105, Ch. 218, L. 1974; R.C.M. 1947, 3-2803; amd. Sec. 38, Ch. 281, L. 1983; amd. Sec. 33, Ch. 703, L. 1985; amd. Sec. 11, Ch. 628, L. 1989; amd. Sec. 25, Ch. 389, L. 1999; amd. Sec. 32, Ch. 34, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 1. Rural Rehabilitation › 80-2-104. Powers of department -- claims and obligations -- property acquired at foreclosure

80-2-104. Powers of department -- claims and obligations -- property acquired at foreclosure.
(1) The department may:
(a) collect, compromise, adjust, or cancel claims and obligations arising out of or administered under this part or under any mortgage, lease, contract, or agreement entered into or administered under this part and, if necessary, pursue them to final collection in any court having jurisdiction;
(b) bid for and purchase at any execution, foreclosure, or other sale or otherwise acquire property upon which the department has a lien by reason of a judgment or execution or that is pledged, mortgaged, or conveyed or that otherwise secures any loan or other indebtedness owing to or acquired by the department under this part;
(c) accept title to any property purchased or acquired, operate or lease the property for a period necessary to protect the investment, and sell or otherwise dispose of the property in a manner consistent with this part.
(2) The authority granted to the department in this section may be delegated to the secretary of agriculture with respect to funds or assets authorized to be administered and used by the secretary of agriculture under agreements entered into under 80-2-102.
History: En. Sec. 4, Ch. 112, L. 1951; amd. Sec. 106, Ch. 218, L. 1974; R.C.M. 1947, 3-2804; amd. Sec. 2571, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 1. Rural Rehabilitation › 80-2-105. United States and secretary of agriculture free from liability

80-2-105. United States and secretary of agriculture free from liability.
The United States and the secretary of agriculture are free from liability by virtue of the transfer of the assets to the department under this part.
History: En. Sec. 5, Ch. 112, L. 1951; amd. Sec. 107, Ch. 218, L. 1974; R.C.M. 1947, 3-2805.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 1. Rural Rehabilitation › 80-2-106. Rules

80-2-106. Rules.
The department may adopt rules necessary to carry out the provisions of this part.
History: En. 3-2806 by Sec. 1, Ch. 30, L. 1977; R.C.M. 1947, 3-2806.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-201. Powers and duties of board of hail insurance

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.
History: En. Sec. 1, Ch. 169, L. 1917; amd. Sec. 1, Ch. 17, Ex. L. 1918; amd. Sec. 1, Ch. 141, L. 1921; re-en. Sec. 350, R.C.M. 1921; amd. Sec. 1, Ch. 40, L. 1923; re-en. Sec. 350, R.C.M. 1935; amd. Sec. 58, Ch. 391, L. 1973; amd. Sec. 140, Ch. 218, L. 1974; amd. Sec. 2, Ch. 468, L. 1977; R.C.M. 1947, 82-1501(part); amd. Sec. 4, Ch. 691, L. 1983; amd. Sec. 203, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-202. Compensation of presiding officer and officers

80-2-202. Compensation of presiding officer and officers.
(1) The appointed members of the board of hail insurance are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business.
(2) All board members and employees must be allowed expenses as provided in 2-18-501 through 2-18-503.
(3) All other public officials specified in this chapter shall perform the duties relative to hail insurance without other compensation than that allowed by law.
History: En. Sec. 12, Ch. 169, L. 1917; amd. Sec. 2, Ch. 183, L. 1921; re-en. Sec. 363, R.C.M. 1921; amd. Sec. 12, Ch. 40, L. 1923; amd. Sec. 1, Ch. 165, L. 1929; re-en. Sec. 363, R.C.M. 1935; amd. Sec. 1, Ch. 53, L. 1951; amd. Sec. 1, Ch. 165, L. 1961; amd. Sec. 1, Ch. 188, L. 1965; amd. Sec. 11, Ch. 237, L. 1967; amd. Sec. 38, Ch. 93, L. 1969; amd. Sec. 34, Ch. 13, L. 1977; amd. Sec. 13, Ch. 343, L. 1977; R.C.M. 1947, 82-1519; amd. Sec. 2572, Ch. 56, L. 2009; amd. Sec. 1, Ch. 30, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-203. Participation in program -- fee

80-2-203. Participation in program -- fee.
(1) A person or an association of persons engaged in the growing of crops or other agricultural or horticultural products subject to injury or destruction by hail may, by individual or joint election filed with and approved by the board of hail insurance, accept the provisions of this part and elect to become subject to this part. The risks may be classified by the board, and suitable fees may be imposed as agreed upon by the board and the persons. The persons are entitled to the benefits and protection afforded by the insurance provisions of this part.
(2) Each person who desires to become subject to the provisions of this part shall file with the department the properly filled out form not later than August 15. The person is chargeable with the fee provided for on lands growing crops subject to injury or destruction by hail and shall share in the protection and benefits under the hail insurance provisions of this part. The application for hail insurance is in full force and effect at 12:01 a.m. on the day immediately following submission of the application to the department.
(3) This part may not be construed to empower anyone except the actual owner of the land to make the land subject to the hail fee provided in this part.
History: (1)En. Sec. 11, Ch. 169, L. 1917; re-en. Sec. 362, R.C.M. 1921; re-en. Sec. 362, R.C.M. 1935; Sec. 82-1518, R.C.M. 1947; (2), (3)En. Sec. 1, Ch. 169, L. 1917; amd. Sec. 1, Ch. 17, Ex. L. 1918; amd. Sec. 1, Ch. 141, L. 1921; re-en. Sec. 350, R.C.M. 1921; amd. Sec. 1, Ch. 40, L. 1923; re-en. Sec. 350, R.C.M. 1935; amd. Sec. 58, Ch. 391, L. 1973; amd. Sec. 140, Ch. 218, L. 1974; amd. Sec. 2, Ch. 468, L. 1977; Sec. 82-1501, R.C.M. 1947; R.C.M. 1947, 82-1501(3), 82-1518; amd. Sec. 33, Ch. 451, L. 1993; amd. Sec. 144, Ch. 27, Sp. L. November 1993; amd. Sec. 204, Ch. 574, L. 2001; amd. Sec. 1, Ch. 275, L. 2007; amd. Sec. 1, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-204. Duty of department -- election of benefits of law

80-2-204. Duty of department -- election of benefits of law.
The department shall upon request explain the provisions of this part to each person engaged in the growing of crops subject to injury or destruction by hail. The department shall issue hail insurance policies to each person who desires to become subject to this part, to become liable for the fee provided for in this part, and to be eligible for the benefits and protection of this part. A person who elects to become subject to this part is liable for the fees for hail insurance and shall participate in the benefits and protection afforded by this part. The owners of lands worked by others under lease or contract or the lessee of land under lease or contract may make the election for hail insurance and may tender payment of the fee charged for hail insurance to the officer authorized to receive payment.
History: En. Sec. 5, Ch. 169, L. 1917; re-en. Sec. 356, R.C.M. 1921; re-en. Sec. 356, R.C.M. 1935; amd. Sec. 60, Ch. 391, L. 1973; R.C.M. 1947, 82-1512; amd. Sec. 5, Ch. 691, L. 1983; amd. Sec. 145, Ch. 27, Sp. L. November 1993; amd. Sec. 205, Ch. 574, L. 2001; amd. Sec. 2, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-205. What crops subject to provisions of law

80-2-205. What crops subject to provisions of law.
The crops grown on the lands of all persons who elect to become subject to this part must be insured under the provisions of this part for the acreage and the kind of crop for which fees for hail insurance have been imposed. The insurance must be provided for, determined, and adjusted and paid for as provided by this part.
History: En. Sec. 6, Ch. 169, L. 1917; re-en. Sec. 357, R.C.M. 1921; re-en. Sec. 357, R.C.M. 1935; R.C.M. 1947, 82-1513; amd. Sec. 206, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-206. Payment

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.
History: En. Sec. 3, Ch. 40, L. 1923; amd. Sec. 3, Ch. 54, L. 1931; re-en. Sec. 350.2, R.C.M. 1935; amd. Sec. 1, Ch. 37, L. 1943; R.C.M. 1947, 82-1503(2); amd. Sec. 146, Ch. 27, Sp. L. November 1993; amd. Sec. 207, Ch. 574, L. 2001; amd. Sec. 3, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-207. Delinquent fees -- application by delinquent -- crop lien

80-2-207. Delinquent fees -- application by delinquent -- crop lien.
(1) An owner of land who is delinquent in paying fees pursuant to this part may not be allowed hail insurance under the provisions of this part unless the owner's application is accompanied by a payment for the delinquent amount, including interest imposed under 80-2-230, plus the amount that would be due on the application for that year.
(2) Any grower who is unable to secure state hail insurance under the provisions of this part because of delinquent fees or for other reasons may make an application to the department, and the department may accept the application when the applicant furnishes a sufficient crop lien that is subject only to a seed lien. The crop lien may be accepted only under rules prescribed by the board of hail insurance and under the provision that the board may cancel any hail insurance accepted in violation of the rules. Upon receipt of the application, the department shall make a record of the application and shall file the lien with the secretary of state. The department shall also send a bill to the grower for the proper amount due for hail insurance under the provisions of this part.
(3) A tenant who has delinquent hail insurance that was secured by a crop lien but not by real estate is not allowed another policy in any succeeding year until the delinquent amount, including interest imposed pursuant to 80-2-230, is paid.
(4) If a tenant becomes delinquent in paying for hail insurance after having failed to apply for relief as provided by the board under 80-2-229, the tenant may apply to the board for a reduction in the fee initially charged. If the reasons for requesting a reduction are approved by the board, the board may reduce the fee to not less than one-half the original amount charged.
History: (1) thru (3)En. Sec. 3, Ch. 40, L. 1923; amd. Sec. 3, Ch. 54, L. 1931; re-en. Sec. 350.2, R.C.M. 1935; amd. Sec. 1, Ch. 37, L. 1943; Sec. 82-1503, R.C.M. 1947; (4)En. Sec. 3, Ch. 169, L. 1917; amd. Sec. 4, Ch. 34, L. 1919; re-en. Sec. 354, R.C.M. 1921; amd. Sec. 6, Ch. 40, L. 1923; re-en. Sec. 354, R.C.M. 1935; amd. Sec. 2, Ch. 37, L. 1943; Sec. 82-1509, R.C.M. 1947; R.C.M. 1947, 82-1503(1), (3), 82-1509(part); amd. Sec. 147, Ch. 27, Sp. L. November 1993; amd. Sec. 208, Ch. 574, L. 2001; amd. Sec. 2, Ch. 275, L. 2007; amd. Sec. 4, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-208. Maximum insurance

80-2-208. Maximum insurance.
The board may write not more than $75 of insurance on each acre of crops on nonirrigated land and not more than $114 of insurance on each acre on irrigated land, except that the board may specify different maximums for specialty crops. When more than one party desires hail insurance on the same crop, each party is entitled to the share of the maximum provided on each acre as represented by that person's interest in the crop. Any party may insure the party's share in the crop for any amount up to and including the maximum on each acre if the other parties waive their right to insure.
History: En. Sec. 2, Ch. 40, L. 1923; re-en. Sec. 350.1, R.C.M. 1935; amd. Sec. 1, Ch. 33, L. 1949; amd. Sec. 1, Ch. 200, L. 1953; amd. Sec. 1, Ch. 154, L. 1975; amd. Sec. 31, Ch. 13, L. 1977; R.C.M. 1947, 82-1502; amd. Sec. 1, Ch. 97, L. 2003; amd. Sec. 3, Ch. 275, L. 2007; amd. Sec. 1, Ch. 242, L. 2013; amd. Sec. 5, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-209. Reinsurance

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.
History: En. Sec. 3, Ch. 37, L. 1943; amd. Sec. 74, Ch. 147, L. 1963; R.C.M. 1947, 82-1505; amd. Sec. 209, Ch. 574, L. 2001; amd. Sec. 4, Ch. 275, L. 2007.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-220. Rules -- hail insurance fees

80-2-220. Rules -- hail insurance fees.
The department and the board of hail insurance shall adopt rules necessary for the administration and collection of hail insurance fees pursuant to this part.
History: En. Sec. 15, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-221. Fee for hail insurance

80-2-221. Fee for hail insurance.
(1) A fee is imposed on all land in this state growing crops subject to injury or destruction by hail if the owners of the land have elected to become subject to the provisions of this part.
(2) The board of hail insurance shall annually estimate, as accurately as possible, the amount required to pay all losses, interest on warrants, and costs of administration and shall recommend to the department a fee to be imposed on each kind of land subject to the provisions of this part. The rates recommended to apply on the land must be applied in the same proportions to the crops of those landowners insured on a personal basis.
History: En. Sec. 2, Ch. 169, L. 1917; amd. Sec. 1, Ch. 34, L. 1919; amd. Sec. 2, Ch. 141, L. 1921; re-en. Sec. 351, R.C.M. 1921; amd. Sec. 4, Ch. 40, L. 1923; amd. Sec. 1, Ch. 54, L. 1931; re-en. Sec. 351, R.C.M. 1935; amd. Sec. 2, Ch. 33, L. 1949; amd. Sec. 2, Ch. 200, L. 1953; amd. Sec. 59, Ch. 391, L. 1973; amd. Sec. 2, Ch. 154, L. 1975; amd. Sec. 32, Ch. 13, L. 1977; R.C.M. 1947, 82-1506(1); amd. Sec. 1, Ch. 20, L. 1979; amd. Sec. 6, Ch. 691, L. 1983; amd. Sec. 210, Ch. 574, L. 2001; amd. Sec. 6, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-223. Repealed

80-2-223. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 2, Ch. 169, L. 1917; amd. Sec. 1, Ch. 34, L. 1919; amd. Sec. 2, Ch. 141, L. 1921; re-en. Sec. 351, R.C.M. 1921; amd. Sec. 4, Ch. 40, L. 1923; amd. Sec. 1, Ch. 54, L. 1931; re-en. Sec. 351, R.C.M. 1935; amd. Sec. 2, Ch. 33, L. 1949; amd. Sec. 2, Ch. 200, L. 1953; amd. Sec. 59, Ch. 391, L. 1973; amd. Sec. 2, Ch. 154, L. 1975; amd. Sec. 32, Ch. 13, L. 1977; R.C.M. 1947, 82-1506(part).
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-224. Fee -- notice -- when payable

80-2-224. Fee -- notice -- when payable.
No later than November 1, the department shall notify each person insured of the amount of the fee due for hail insurance and that the fee must be paid to the department by November 30.
History: En. Sec. 2, Ch. 169, L. 1917; amd. Sec. 1, Ch. 34, L. 1919; amd. Sec. 2, Ch. 141, L. 1921; re-en. Sec. 351, R.C.M. 1921; amd. Sec. 4, Ch. 40, L. 1923; amd. Sec. 1, Ch. 54, L. 1931; re-en. Sec. 351, R.C.M. 1935; amd. Sec. 2, Ch. 33, L. 1949; amd. Sec. 2, Ch. 200, L. 1953; amd. Sec. 59, Ch. 391, L. 1973; amd. Sec. 2, Ch. 154, L. 1975; amd. Sec. 32, Ch. 13, L. 1977; R.C.M. 1947, 82-1506(part); amd. Sec. 8, Ch. 691, L. 1983; amd. Sec. 212, Ch. 574, L. 2001; amd. Sec. 8, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-225. Real estate lien -- creation

80-2-225. Real estate lien -- creation.
The hail insurance fees chargeable to the lands of each person who elects to become subject to this part must be collected by the department. If the fees are not paid, they are a lien on the lands against which they are imposed.
History: En. Sec. 2, Ch. 169, L. 1917; amd. Sec. 1, Ch. 34, L. 1919; amd. Sec. 2, Ch. 141, L. 1921; re-en. Sec. 351, R.C.M. 1921; amd. Sec. 4, Ch. 40, L. 1923; amd. Sec. 1, Ch. 54, L. 1931; re-en. Sec. 351, R.C.M. 1935; amd. Sec. 2, Ch. 33, L. 1949; amd. Sec. 2, Ch. 200, L. 1953; amd. Sec. 59, Ch. 391, L. 1973; amd. Sec. 2, Ch. 154, L. 1975; amd. Sec. 32, Ch. 13, L. 1977; R.C.M. 1947, 82-1506(part); amd. Sec. 148, Ch. 27, Sp. L. November 1993; amd. Sec. 213, Ch. 574, L. 2001; amd. Sec. 9, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-226. Repealed

80-2-226. Repealed.
Sec. 16, Ch. 399, L. 2013.
History: En. Sec. 2, Ch. 169, L. 1917; amd. Sec. 1, Ch. 34, L. 1919; amd. Sec. 2, Ch. 141, L. 1921; re-en. Sec. 351, R.C.M. 1921; amd. Sec. 4, Ch. 40, L. 1923; amd. Sec. 1, Ch. 54, L. 1931; re-en. Sec. 351, R.C.M. 1935; amd. Sec. 2, Ch. 33, L. 1949; amd. Sec. 2, Ch. 200, L. 1953; amd. Sec. 59, Ch. 391, L. 1973; amd. Sec. 2, Ch. 154, L. 1975; amd. Sec. 32, Ch. 13, L. 1977; R.C.M. 1947, 82-1506(part); amd. Sec. 214, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-227. Hail insurance secured by crop lien only

80-2-227. Hail insurance secured by crop lien only.
When any hail insurance issued under this part is secured by a crop lien only, the crop lien is a first lien on the insured crop, except for any crop lien that may have been given to secure the purchase price for the seed that was bought and used to plant and produce the insured crop.
History: En. Sec. 3, Ch. 37, L. 1943; R.C.M. 1947, 82-1504; amd. Sec. 5, Ch. 275, L. 2007.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-228. Reserve fund

80-2-228. Reserve fund.
(1) Each year when the hail board sets its annual fee for the payment of current losses, for expenses of administration, and for an addition to the reserve if conditions permit, it may not increase the fee enough in any year so that the addition to the reserve will exceed 5% of the maximum risk written for that year.
(2) The board may engage the services of a qualified actuary to conduct an actuarial valuation of the reserve. This valuation may include the actuary's determination of the amount of reserve necessary to absorb all reasonably anticipated catastrophic losses. This amount is the maximum permissible reserve fund for the next year.
(3) The reserve must be deposited in an enterprise fund.
(4) The board may not draw on the reserve for any purpose unless the amount required for the payment of losses for the current year, including interest on warrants and costs of administration, exceeds the amount of the estimate made by the board for the current year pursuant to 80-2-221.
History: En. Sec. 2, Ch. 34, L. 1919; re-en. Sec. 352, R.C.M. 1921; amd. Sec. 5, Ch. 40, L. 1923; amd. Sec. 1, Ch. 8, L. 1929; re-en. Sec. 352, R.C.M. 1935; amd. Sec. 3, Ch. 200, L. 1953; amd. Sec. 1, Ch. 20, L. 1957; amd. Sec. 73, Ch. 147, L. 1963; amd. Sec. 3, Ch. 154, L. 1975; amd. Sec. 3, Ch. 16, L. 1977; R.C.M. 1947, 82-1507(3) thru (6); amd. Sec. 40, Ch. 281, L. 1983; amd. Sec. 9, Ch. 691, L. 1983; amd. Sec. 34, Ch. 703, L. 1985; amd. Sec. 12, Ch. 628, L. 1989; amd. Sec. 2, Ch. 69, L. 1993; amd. Sec. 215, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-229. Withdrawal of crop in case of destruction through other means

80-2-229. Withdrawal of crop in case of destruction through other means.
When any crop insured under this part is destroyed by any other cause than hail, the applicant may, by furnishing the proof required by the board of hail insurance, cause the crop to be exempted from the regular fee of the board for the current year. The proof must be submitted to the board of hail insurance in accordance with its rules. The rules must be plainly printed on the applications and policies issued by the department. The rules must provide that the cost for withdrawn insurance must be varied as nearly as practical according to the time the insurance is in force and according to the risk carried.
History: En. Sec. 3, Ch. 34, L. 1919; amd. Sec. 3, Ch. 141, L. 1921; re-en. Sec. 353, R.C.M. 1921; amd. Sec. 2, Ch. 54, L. 1931; re-en. Sec. 353, R.C.M. 1935; R.C.M. 1947, 82-1508; amd. Sec. 216, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-230. Collection of fees -- release of lien -- interest

80-2-230. Collection of fees -- release of lien -- interest.
(1) The department shall collect all fees imposed under this part and transfer the money collected to the state treasurer for deposit pursuant to 80-2-232. The department shall use due diligence in collecting the fees provided for in this part.
(2) All insurance fees are payable in full on or before November 30 of each year in which the fees are imposed.
(3) When the amount due on any hail insurance secured by a lien is paid, the department shall promptly endorse on the lien the amount paid and the date of payment. The endorsement is considered a satisfaction and release of the lien.
(4) The department shall impose interest for late payments of fees imposed under this part at the rate of 2% a month or fraction of a month on the unpaid fees. The interest imposed under this subsection accrues daily on all unpaid fees from the date on which the fees were originally due.
History: (1), (3)En. Sec, 3, Ch. 169, L. 1917; amd. Sec. 4, Ch. 34, L. 1919; re-en. Sec. 354, R.C.M. 1921; amd. Sec. 6, Ch. 40, L. 1923; re-en. Sec. 354, R.C.M. 1935; amd. Sec. 2, Ch. 37, L. 1943; Sec. 82-1509, R.C.M. 1947; (2)En. Sec. 2, Ch. 169, L. 1917; amd. Sec. 1, Ch. 34, L. 1919; amd. Sec. 2, Ch. 141, L. 1921; re-en. Sec. 351, R.C.M. 1921; amd. Sec. 4, Ch. 40, L. 1923; amd. Sec. 1, Ch. 54, L. 1931; re-en. Sec. 351, R.C.M. 1935; amd. Sec. 2, Ch. 33, L. 1949; amd. Sec. 2, Ch. 200, L. 1953; amd. Sec. 59, Ch. 391, L. 1973; amd. Sec. 2, Ch. 154, L. 1975; amd. Sec. 32, Ch. 13, L. 1977; Sec. 82-1506, R.C.M. 1947; R.C.M. 1947, 82-1506(part), 82-1509(part); amd. Sec. 41, Ch. 257, L. 2001; amd. Sec. 217, Ch. 574, L. 2001; amd. Sec. 24, Ch. 13, Sp. L. August 2002; amd. Sec. 10, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-231. Repealed

80-2-231. Repealed.
Sec. 16, Ch. 399, L. 2013.
History: En. Sec. 7, Ch. 40, L. 1923; re-en. Sec. 354.1, R.C.M. 1935; amd. Sec. 3, Ch. 33, L. 1949; R.C.M. 1947, 82-1510; amd. Sec. 218, Ch. 574, L. 2001; amd. Sec. 6, Ch. 275, L. 2007.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-232. Department's duty -- warrants -- transfers to state general fund

80-2-232. Department's duty -- warrants -- transfers to state general fund.
(1) The department shall transfer to the state treasurer all money collected under this part for deposit in the enterprise fund. All covered losses must be paid from the fund.
(2) (a) All costs other than covered losses are administrative expenses and must be paid from the enterprise fund.
(b) If registered warrants are presented and there is no money to pay the warrants, the warrants must be registered and bear interest at the rate of 4% a year until called for payment by the state treasurer.
(3) Upon authorization from the board of hail insurance, the department shall transfer from the enterprise fund to the state general fund 1.5% of the hail insurance premiums collected during the calendar year not to exceed $100,000.
History: En. Sec. 4, Ch. 169, L. 1917; amd. Sec. 1, Ch. 183, L. 1921; re-en. Sec. 355, R.C.M. 1921; amd. Sec. 8, Ch. 40, L. 1923; re-en. Sec. 355, R.C.M. 1935; amd. Sec. 1, Ch. 189, L. 1961; amd. Sec. 75, Ch. 147, L. 1963; R.C.M. 1947, 82-1511; amd. Sec. 41, Ch. 281, L. 1983; amd. Sec. 10, Ch. 691, L. 1983; amd. Sec. 3, Ch. 69, L. 1993; amd. Sec. 219, Ch. 574, L. 2001; amd. Sec. 11, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-241. Report of losses

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.
History: En. Sec. 7, Ch. 169, L. 1917; re-en. Sec. 358, R.C.M. 1921; amd. Sec. 9, Ch. 40, L. 1923; re-en. Sec. 358, R.C.M. 1935; R.C.M. 1947, 82-1514; amd. Sec. 11, Ch. 691, L. 1983; amd. Sec. 2573, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-242. Adjusters -- appointment -- qualifications -- duties

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.
History: En. Sec. 8, Ch. 169, L. 1917; amd. Sec. 5, Ch. 34, L. 1919; amd. Sec. 4, Ch. 141, L. 1921; re-en. Sec. 359, R.C.M. 1921; re-en. Sec. 359, R.C.M. 1935; amd. Sec. 1, Ch. 79, L. 1973; R.C.M. 1947, 82-1515; amd. Sec. 12, Ch. 691, L. 1983; amd. Sec. 12, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-243. Disputed appraisal

80-2-243. Disputed appraisal.
(1) If the party that has sustained the loss is dissatisfied with and refuses to accept the appraisal made by the official adjuster, the party has the right to appeal to the board of hail insurance. The party shall make the appeal within 10 days after receiving the appraisal. The board of hail insurance shall arrange for a second appraisal by another adjuster.
(2) If the adjuster who makes a second appraisal pursuant to the appeal fails to secure an agreement, the claimant may submit the matter to arbitration as provided in this subsection or sue the board in the district court of the county where the loss occurred, within 90 days from the date of receipt of written notice of the second appraisal. The actions must be trials de novo and the Montana Rules of Civil Procedure apply. If the claimant elects to submit the matter to arbitration, the claimant shall then appoint one disinterested person as an adjuster, the official adjuster shall appoint another person as an adjuster, the two shall select a third disinterested person as an adjuster, and the three shall then proceed to appraise the loss in the same manner as specified in 80-2-242. The judgment of the majority is the judgment of the adjusters and is binding upon both parties as the final determination of the loss.
(3) (a) If the insured does not recover a greater sum than allowed by the adjuster in the first instance, the insured shall pay the expenses of the three adjusters and their witnesses in making the appraisal, but if the insured is awarded a larger sum, the expenses must be paid by the department.
(b) If the insured is required to pay the expenses of the reappraisal as provided in subsection (3)(a), the department may deduct the amount of the expenses from the amount allowed the insured before making settlement for the loss.
(4) The department or the board shall examine all reports of adjusters and verify the reports and adjust all losses and for those purposes may order hearings, subpoena witnesses, conduct examinations, and do all things necessary to secure a fair and impartial appraisal of losses by hail.
History: En. Sec. 9, Ch. 169, L. 1917; amd. Sec. 6, Ch. 34, L. 1919; re-en. Sec. 360, R.C.M. 1921; amd. Sec. 10, Ch. 40, L. 1923; re-en. Sec. 360, R.C.M. 1935; amd. Sec. 4, Ch. 33, L. 1949; amd. Sec. 1, Ch. 69, L. 1963; amd. Sec. 76, Ch. 147, L. 1963; amd. Sec. 1, Ch. 170, L. 1967; R.C.M. 1947, 82-1516; amd. Sec. 13, Ch. 691, L. 1983; amd. Sec. 2574, Ch. 56, L. 2009; amd. Sec. 13, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-244. Payment of losses

80-2-244. Payment of losses.
(1) The department shall, as soon as practicable after the loss has been sustained, arrange for the payment of the loss in the following manner. From the amount of the loss as adjusted for each claimant, the department shall deduct the amount that the claimant then owes as a delinquent hail insurance fee and the maximum amount assessed as a hail insurance fee for the current year.
(2) The department shall on or before November 1 order payment for the balance of the adjustment to be sent to the claimant, provided that the payment for loss may not exceed the maximum amounts established in 80-2-208. A claimant may not receive payment for any loss incurred if the loss does not equal or exceed 5% of the total value of the crop insured. If the losses in any year exceed the current fees plus the reserve, then the payment of all losses must be prorated among all growers having loss claims adjusted and approved, and the unpaid balance of the losses must be paid out of the reserve without interest in the order that the department directs when, in the judgment of the department, there is sufficient money to provide for the payment of the claims and other items payable out of the reserve.
History: En. Sec. 10, Ch. 169, L. 1917; amd. Sec. 7, Ch. 34, L. 1919; amd. Sec. 5, Ch. 141, L. 1921; re-en. Sec. 361, R.C.M. 1921; amd. Sec. 11, Ch. 40, L. 1923; amd. Sec. 2, Ch. 8, L. 1929; re-en. Sec. 361, R.C.M. 1935; amd. Sec. 5, Ch. 33, L. 1949; amd. Sec. 4, Ch. 200, L. 1953; amd. Sec. 77, Ch. 147, L. 1963; amd. Sec. 4, Ch. 154, L. 1975; amd. Sec. 33, Ch. 13, L. 1977; R.C.M. 1947, 82-1517; amd. Sec. 14, Ch. 691, L. 1983; amd. Sec. 220, Ch. 574, L. 2001; amd. Sec. 2, Ch. 97, L. 2003; amd. Sec. 7, Ch. 275, L. 2007; amd. Sec. 14, Ch. 399, L. 2013.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 2. Hail Insurance › 80-2-245. Benefits exempt from execution

80-2-245. Benefits exempt from execution.
All money or benefits received from hail insurance are exempt from execution, are not liable to attachment, and may not be seized, taken, or appropriated by any local process to pay any debt or liability of the insured unless the amount is assigned and then for no more than the amount of the claim intended to be secured by the assignment, with lawful interest.
History: En. Sec. 13, Ch. 40, L. 1923; re-en. Sec. 363.1, R.C.M. 1935; R.C.M. 1947, 82-1520; amd. Sec. 2, Ch. 20, L. 1979.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 2. Agricultural Services › Part 3. Plant Sampling › 80-2-301. Plant sampling provided -- fees -- rulemaking authority

80-2-301. Plant sampling provided -- fees -- rulemaking authority.
(1) In a dispute in which a plant sample would serve a useful purpose to clarify, quantify, or settle the dispute, either party may file with the department a request that the department provide sampling services.
(2) The department shall charge a fee that covers the costs of providing the sampling service. Costs associated with sampling must be paid by the person who requested the sampling unless:
(a) both parties agree to a different assignment of costs through a contractual or settlement agreement; or
(b) a different allocation has been ordered through mediation or a court order.
(3) The department shall adopt rules to implement this section.
History: En. Sec. 1, Ch. 33, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-101. Repealed

80-3-101. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 2, Ch. 165, L. 1933; re-en. Sec. 3633.2, R.C.M. 1935; amd. Sec. 2, Ch. 79, L. 1969; amd. Sec. 74, Ch. 218, L. 1974; R.C.M. 1947, 3-1402.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-102. Repealed

80-3-102. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 9, Ch. 165, L. 1933; re-en. Sec. 3633.9, R.C.M. 1935; amd. Sec. 8, Ch. 79, L. 1969; R.C.M. 1947, 3-1409.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-103. Repealed

80-3-103. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: Ap. p. Sec. 1, Ch. 165, L. 1933; re-en. Sec. 3633.1, R.C.M. 1935; amd. Sec. 1, Ch. 79, L. 1969; Sec. 3-1401, R.C.M. 1947; Ap. p. Sec. 4, Ch. 165, L. 1933; re-en. Sec. 3633.4, R.C.M. 1935; amd. Sec. 1, Ch. 71, L. 1937; amd. Sec. 1, Ch. 30, L. 1963; amd. Sec. 4, Ch. 79, L. 1969; amd. Sec. 76, Ch. 218, L. 1974; Sec. 3-1404, R.C.M. 1947; R.C.M. 1947, 3-1401, 3-1404(6).
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-104. Repealed

80-3-104. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 3, Ch. 165, L. 1933; re-en. Sec. 3633.3, R.C.M. 1935; amd. Sec. 3, Ch. 79, L. 1969; amd. Sec. 75, Ch. 218, L. 1974; R.C.M. 1947, 3-1403.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-105. Repealed

80-3-105. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 4, Ch. 165, L. 1933; re-en. Sec. 3633.4, R.C.M. 1935; amd. Sec. 1, Ch. 71, L. 1937; amd. Sec. 1, Ch. 30, L. 1963; amd. Sec. 4, Ch. 79, L. 1969; amd. Sec. 76, Ch. 218, L. 1974; R.C.M. 1947, 3-1404(1) thru (5), (7).
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-106. Repealed

80-3-106. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 5, Ch. 165, L. 1933; re-en. Sec. 3633.5, R.C.M. 1935; amd. Sec. 5, Ch. 79, L. 1969; amd. Sec. 16, Ch. 13, L. 1977; R.C.M. 1947, 3-1405.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-107. Repealed

80-3-107. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 1, Ch. 46, L. 1935; re-en. Sec. 3633.11, R.C.M. 1935; R.C.M. 1947, 3-1411.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-108. Repealed

80-3-108. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 6, Ch. 165, L. 1933; re-en. Sec. 3633.6, R.C.M. 1935; amd. Sec. 6, Ch. 79, L. 1969; amd. Sec. 17, Ch. 13, L. 1977; R.C.M. 1947, 3-1406.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-109. Repealed

80-3-109. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 7, Ch. 165, L. 1933; re-en. Sec. 3633.7, R.C.M. 1935; amd. Sec. 7, Ch. 79, L. 1969; amd. Sec. 77, Ch. 218, L. 1974; R.C.M. 1947, 3-1407.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-110. Repealed

80-3-110. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 8, Ch. 165, L. 1933; re-en. Sec. 3633.8, R.C.M. 1935; amd. Sec. 78, Ch. 218, L. 1974; amd. Sec. 3, Ch. 155, L. 1975; R.C.M. 1947, 3-1408; amd. Sec. 187, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 1. Standard Grades and Brands (Repealed) › 80-3-111. Repealed

80-3-111. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: (1)En. Sec. 10, Ch. 165, L. 1933; re-en. Sec. 3633.10, R.C.M. 1935; amd. Sec. 9, Ch. 79, L. 1969; amd. Sec. 79, Ch. 218, L. 1974; Sec. 3-1410, R.C.M. 1947; (2)En. Sec. 2, Ch. 46, L. 1935; re-en. Sec. 3633.12, R.C.M. 1935; Sec. 3-1412, R.C.M. 1947; R.C.M. 1947, 3-1410, 3-1412.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-201. Repealed

80-3-201. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 55, Ch. 216, L. 1921; re-en. Sec. 3630, R.C.M. 1921; re-en. Sec. 3630, R.C.M. 1935; Sec. 3-1305, R.C.M. 1947; amd. and redes. 3-3401 by Sec. 70, Ch. 218, L. 1974; R.C.M. 1947, 3-3401; amd. Sec. 3, Ch. 25, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-202. Repealed

80-3-202. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 1, Ch. 138, L. 1931; amd. Sec. 1, Ch. 1, L. 1933; amd. Sec. 1, Ch. 39, L. 1935; re-en. Sec. 4265.1, R.C.M. 1935; amd. Sec. 1, Ch. 89, L. 1939; amd. Sec. 1, Ch. 43, L. 1951; amd. Sec. 1, Ch. 127, L. 1971; Sec. 90-201, R.C.M. 1947; amd. and redes. 3-3402 by Sec. 172, Ch. 218, L. 1974; amd. Sec. 26, Ch. 13, L. 1977; R.C.M. 1947, 3-3402.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-203. Repealed

80-3-203. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 2, Ch. 138, L. 1931; re-en. Sec. 4265.2, R.C.M. 1935; Sec. 90-202, R.C.M. 1947; redes. 3-3403 by Sec. 172, Ch. 218, L. 1974; R.C.M. 1947, 3-3403.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-204. Repealed

80-3-204. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 3, Ch. 138, L. 1931; amd. Sec. 2, Ch. 39, L. 1935; re-en. Sec. 4265.3, R.C.M. 1935; Sec. 90-203, R.C.M. 1947; amd. and redes. 3-3404 by Sec. 171, Ch. 218, L. 1974; R.C.M. 1947, 3-3404.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-205. Repealed

80-3-205. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 4, Ch. 138, L. 1931; re-en. Sec. 4265.4, R.C.M. 1935; Sec. 90-204, R.C.M. 1947; redes. 3-3405 by Sec. 172, Ch. 218, L. 1974; R.C.M. 1947, 3-3405.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-206. Repealed

80-3-206. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 5, Ch. 138, L. 1931; re-en. Sec. 4265.5, R.C.M. 1935; Sec. 90-205, R.C.M. 1947; redes. 3-3406 by Sec. 172, Ch. 218, L. 1974; R.C.M. 1947, 3-3406.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-207. Repealed

80-3-207. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 6, Ch. 138, L. 1931; amd. Sec. 3, Ch. 39, L. 1935; re-en. Sec. 4265.6, R.C.M. 1935; Sec. 90-206, R.C.M. 1947; redes. 3-3407 by Sec. 172, Ch. 218, L. 1974; R.C.M. 1947, 3-3407.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-211. Repealed

80-3-211. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 1, Ch. 25, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 2. Apples -- Inspection, Grading, and Packing (Repealed) › 80-3-212. Repealed

80-3-212. Repealed.
Sec. 15, Ch. 553, L. 1993.
History: En. Sec. 2, Ch. 25, L. 1987; amd. Sec. 1, Ch. 39, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 3. Montana Produce Act › 80-3-302. Definitions

80-3-302. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Container" means any package, sack, box, crate, carton, basket, or other object used for the shipping of produce.
(2) "Director" means the director of agriculture appointed pursuant to 2-15-3001.
(3) "Person" means an individual, firm, association, corporation, partnership, or any other form of business enterprise.
(4) "Produce" means any fruit, vegetable, or other natural product designated by department rule. The term does not include livestock and its byproducts, poultry and its byproducts, apiary products, dairy products, or grain.
(5) "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.
(6) "Produce unit" means the standard size container for a given type of produce. A produce unit may be established by department rule.
(7) "Retail" means sale of produce to the ultimate consumer.
(8) "Shipping point inspection" means an inspection of produce at the location from which it was shipped.
(9) "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.
(10) "Wholesale" means the sale of produce intended for resale. 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.
History: En. Sec. 2, Ch. 553, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 3. Montana Produce Act › 80-3-303. Powers and duties of department

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.
History: En. Sec. 3, Ch. 553, L. 1993; amd. Sec. 1, Ch. 44, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 3. Produce › Part 3. Montana Produce Act › 80-3-304. Disposition of funds -- produce account

80-3-304. Disposition of funds -- produce account.
(1) There is a produce account in the state special revenue fund. All inspection and license fee revenue authorized and collected under this part must be deposited in the account to the credit of the department.
(2) Money received as revenue under this part that is 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. All interest earned on the account must be deposited in the account.
History: En. Sec. 4, Ch. 553, L. 1993.