reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-502. Insect detection, surveillance, and control programs

80-7-502. Insect detection, surveillance, and control programs.
The department may:
(1) employ permanent and seasonal personnel to administer this part;
(2) survey for and maintain surveillance of insect pests during appropriate seasons and enter upon any croplands in the course of conducting such surveillance;
(3) provide insect pest management services to particular agricultural commodity groups for the resolution of special or unusual insect pest problems;
(4) determine or assist a county to determine, upon investigation, whether a serious infestation exists or threatens to occur within a county;
(5) declare that an insect pest infestation constitutes a serious infestation;
(6) operate, contract for, or assist a county to obtain spraying or other appropriate services to counteract an actual or threatening serious infestation, having first determined that any person contracting to supply such services is properly equipped to apply substances designated and approved by the department;
(7) conduct, cooperate in, or coordinate upon request by any affected county, insect pest management services for serious pest infestations in one or more counties;
(8) assist counties, upon request, to coordinate county insect pest management programs in contiguous counties.
History: En. 3-3502 by Sec. 2, Ch. 433, L. 1975; amd. Sec. 2, Ch. 362, L. 1977; R.C.M. 1947, 3-3502.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-503. Duties of department

80-7-503. Duties of department.
The department may:
(1) develop and publish a list of pesticides approved for control of insect pests;
(2) develop and publish technical guidelines on techniques of controlling insect pests;
(3) notify a county of its survey results and state whether the infestation is normal or serious;
(4) review and comment on or review and approve all county agricultural insect pest management plans as provided by local government statutes and consider whether the plan conforms to the technical guidelines of the department and whether implementation of the plan will probably counteract the condition of insect pest infestation in a timely and proper manner;
(5) consider whether an alternative control program would be as efficient as spraying on a ratio of total costs to total benefits and provide the county with a summary of its findings prior to conducting or approving any cropland spraying program. If the alternative control program is considered adequate, the department may conduct or approve such a program.
History: En. 3-3503 by Sec. 3, Ch. 433, L. 1975; amd. Sec. 3, Ch. 362, L. 1977; R.C.M. 1947, 3-3503; amd. Sec. 1, Ch. 53, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-504. Financing of control program

80-7-504. Financing of control program.
(1) One-third of the costs of a cropland spraying program or alternative program conducted by the state shall be paid by the state. Prior to the implementation of any state or county control program, the department and the governing body of any county for which the program is proposed shall enter into an interlocal or management agreement on the maximum amount of moneys each shall appropriate or provide toward the proposed program. If either party does not sign and approve the agreement, the program may not be conducted.
(2) Individual farm and ranch landowners may formally petition by written affidavit protesting their inclusion within the proposed cropland spraying program. The department or local governing body shall refrain from spraying any land petitioned to be excluded. Such excluded land remains subject to assessment under 80-7-505. The governing body of any county for which a control program is intended shall proceed as provided by local government statutes.
(3) If the department conducts the program, it shall pay all costs of the program. The county shall pay its share and the landowner's share as provided in 80-7-505 to the department for deposit in the appropriate fund.
(4) If the county conducts the program, it shall pay all costs of the program including its share. The department shall pay one-third of the costs of the cropland spraying program from moneys appropriated for that purpose to the county in which the program was conducted. The county treasurer shall collect the landowner's special assessment as provided in 80-7-505.
History: En. 3-3504 by Sec. 4, Ch. 433, L. 1975; amd. Sec. 4, Ch. 362, L. 1977; R.C.M. 1947, 3-3504.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-505. Computation and collection of assessments on landowners

80-7-505. Computation and collection of assessments on landowners.
Each owner of cropland benefited under a cropland spraying program is liable for the portion of the landowner's share of the program costs as the owner's cropland is a portion of all cropland within the boundaries of the program. The county treasurer shall compute each landowner's liability and mail a special assessment to each owner or occupier of land within the boundaries of the program. Unless otherwise mutually agreed upon, this assessment is due and payable within 32 days of mailing or 30 days of receipt if receipt is shown to be more than 2 days after mailing. A delinquent assessment is a lien upon the land assessed.
History: En. 3-3505 by Sec. 5, Ch. 433, L. 1975; amd. Sec. 5, Ch. 362, L. 1977; R.C.M. 1947, 3-3505; amd. Sec. 2595, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-506. Rangeland control programs

80-7-506. Rangeland control programs.
The department may enter into agreements with the United States department of agriculture for cooperative programs to control insect pest infestations on rangeland and to share the costs of such programs whenever funds have been appropriated and are available for that purpose.
History: En. 3-3506 by Sec. 6, Ch. 433, L. 1975; amd. Sec. 6, Ch. 362, L. 1977; R.C.M. 1947, 3-3506.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-507. Administrative rules

80-7-507. Administrative rules.
The department may adopt rules necessary to carry out the intent of this part.
History: En. 3-3507 by Sec. 7, Ch. 362, L. 1977; R.C.M. 1947, 3-3507.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-508. Duties of cooperative extension service

80-7-508. Duties of cooperative extension service.
(1) The cooperative extension service shall conduct investigations pertaining to insects and other arthropods affecting plants and animals. When an injurious infestation of an insect or other arthropod occurs in any part of the state, the authorized employees of the cooperative extension service shall go to the scene of the infestation, shall determine the extent and seriousness of the infestation, and shall make public the best remedies to be employed.
(2) The cooperative extension service shall cooperate with the agricultural experiment station in providing annual reports required under 80-7-814.
History: En. Sec. 2, Ch. 75, L. 1967; Sec. 82-804.2, R.C.M. 1947; amd. and redes. 75-8806 by Sec. 127, Ch. 218, L. 1974; R.C.M. 1947, 75-8806; amd. Sec. 2, Ch. 440, L. 1991; amd. Sec. 2, Ch. 472, L. 2005.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-701. Regulation of importation or sale of noxious weeds

80-7-701. Regulation of importation or sale of noxious weeds.
(1) As used in this section:
(a) "native plant" means a plant indigenous to the state of Montana; and
(b) "native plant community" means an assemblage of native plants occurring in a natural habitat.
(2) The department may regulate or prohibit the importation or sale of grain, plants, seed, tubers, nursery stock, fruit, or other materials containing noxious weed seed or plants harmful to Montana's horticultural, agricultural, forestry, livestock, wildlife, or native plant communities.
History: En. Sec. 4, Ch. 195, L. 1939; amd. Sec. 1, Ch. 44, L. 1965; amd. Sec. 117, Ch. 218, L. 1974; R.C.M. 1947, 16-1708; amd. Sec. 2, Ch. 303, L. 1991; amd. Sec. 2, Ch. 98, L. 2003.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-702. Rulemaking authority

80-7-702. Rulemaking authority.
The department of agriculture shall adopt all necessary rules for the regulation of the importation or sale of materials as provided in 80-7-701. The department in adopting the rules may provide for the establishment of inspection stations, the appointment of inspectors, the establishment of the inspection fees, the issuance of certificates, the methods of transporting and packaging, the regulation of nursery stock commerce, and other rules and procedures necessary to carry out 80-7-701 through 80-7-704.
History: En. Sec. 2, Ch. 44, L. 1965; amd. Sec. 118, Ch. 218, L. 1974; R.C.M. 1947, 16-1708.1; amd. Sec. 3, Ch. 303, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-703. Violations of importation rules -- penalty

80-7-703. Violations of importation rules -- penalty.
Any person who refuses to obey an order of an appointed inspector or willfully disobeys the provisions of 80-7-701 through 80-7-704 shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50 and not more than $500.
History: En. Sec. 3, Ch. 44, L. 1965; R.C.M. 1947, 16-1708.2.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-704. Disposition of fines and inspection fees

80-7-704. Disposition of fines and inspection fees.
All fines levied as provided in 80-7-703, except fines paid to a justice's court, and all fees collected from inspections must be deposited with the department of revenue to the credit of the state special revenue fund for the use of the department for the purpose of administering and enforcing 80-7-701 through 80-7-704.
History: En. Sec. 4, Ch. 44, L. 1965; amd. Sec. 119, Ch. 218, L. 1974; R.C.M. 1947, 16-1708.3; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 51, Ch. 557, L. 1987; amd. Sec. 42, Ch. 257, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-705. Weed management district program enhancement

80-7-705. Weed management district program enhancement.
(1) On an annual basis, the department shall distribute equally among Montana's counties that have established a noxious weed fund the funds in the noxious weed state special revenue account, provided for in 80-7-816, that were collected pursuant to 80-7-823 to be deposited in the county noxious weed fund as provided in 7-22-2141. Any unused portion must revert to the department for deposit in the noxious weed management trust fund established in 80-7-811.
(2) The weed management districts shall use the funds on a county level to enhance noxious weed management programs.
History: En. Sec. 3, Ch. 407, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-711. Technical assistance

80-7-711. Technical assistance.
The department is authorized to provide technical assistance and services to local governments, agricultural producers, and the general public on the management and control of noxious plants. This assistance and service may include:
(1) development, compilation, and reporting of information and records on noxious plant infestations in every county;
(2) information and data on the location of noxious plants and acres infested per county and major infestations of watersheds and geographical regions of the state;
(3) a determination of the economic and environmental impact of noxious plants on Montana and its citizens;
(4) providing technical assistance to various governmental units and citizens on managing long-term noxious plant control programs;
(5) delineation and recommendation of areas in the state where management programs or certain management tools should not be utilized because of economic or environmental considerations;
(6) information on the restrictions and proper use of pesticides and other management techniques;
(7) publishing of model quarantine standards for counties desiring to provide a quarantine program for noxious plants, plant parts, and seed transported in the county; and
(8) cooperation and coordination of activities with any government agency, private industry, or citizen.
History: En. 16-1724 by Sec. 1, Ch. 466, L. 1977; R.C.M. 1947, 16-1724.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-712. Funding of noxious plant management programs

80-7-712. Funding of noxious plant management programs.
(1) The department may make every effort to obtain federal funds under 43 U.S.C. 1242 to implement management of noxious plants on federal lands in cooperation with any federal agency and the local government body responsible for noxious plant management. These federal funds shall be directly disbursed to local governments authorized to conduct noxious plant management programs. The department may require individual or multiple local government units wishing to apply for federal funds to make proper application for the funds following the management program, budget guidelines, and policies of the department, and the requirements of 43 U.S.C. 1241 through 1243. The department shall request 3% of the total federal funds received per year to cover the complete cost of administering, monitoring, and auditing the expenditure of these federal funds.
(2) The department may cooperate in and coordinate the planning and disbursement of these funds with federal, state, and local agencies responsible for management of noxious plants.
(3) The department may directly expend or provide federal or state funds to local governments to manage or eradicate new noxious plant infestations invading federal or state lands within the state.
(4) The department may hold a public hearing in the specific locale requesting funding prior to granting the federal funds. The department may determine if there are any special requirements or restrictions that should be incorporated into the management program prior to its implementation.
History: En. 16-1725 by Sec. 2, Ch. 466, L. 1977; R.C.M. 1947, 16-1725.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-713. Reports

80-7-713. Reports.
The department may prepare a biennial report on the status of noxious plants and their management in Montana. Reports may be submitted to the governor, to the legislature as provided in 5-11-210, and to other such groups and organizations as the department considers necessary.
History: En. 16-1726 by Sec. 3, Ch. 466, L. 1977; R.C.M. 1947, 16-1726; amd. Sec. 54, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-714. Rules

80-7-714. Rules.
The department may adopt rules and policies necessary to implement 80-7-711 through 80-7-713 pursuant to the Montana Administrative Procedure Act.
History: En. 16-1727 by Sec. 4, Ch. 466, L. 1977; R.C.M. 1947, 16-1727.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 7. Weed Control › 80-7-720. Biological agents for weed control

80-7-720. Biological agents for weed control.
(1) The department of agriculture is authorized to expend funds for the collection and distribution of biological agents to control leafy spurge and spotted knapweed. The project will reduce energy consumption by reducing the need for repeated chemical application.
(2) The department of natural resources and conservation is authorized to administratively transfer funds to the department of agriculture for the project described in subsection (1).
History: En. Sec. 8, HB 621, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-801. Definitions

80-7-801. Definitions.
As used in this part, the following definitions apply:
(1) "Crop weed" means any plant commonly accepted as a weed and for which grants for management research, evaluation, and education under 80-7-814(5)(g) may be given.
(2) "Department" means the department of agriculture established in 2-15-3001.
(3) "Noxious weed" means any weed defined in 7-22-2101(9)(a).
History: En. Sec. 1, Ch. 577, L. 1985; amd. Sec. 1, Ch. 15, L. 1987; amd. Sec. 1, Ch. 220, L. 1995; amd. Sec. 22, Ch. 407, L. 2001; amd. Sec. 3, Ch. 472, L. 2005; amd. Sec. 7, Ch. 92, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-805. Noxious weed management advisory council

80-7-805. Noxious weed management advisory council.
(1) The director of the department shall appoint a noxious weed management advisory council to provide advice to the department concerning the administration of this part and part 9 of this title.
(2) If appointed, the council must be composed of 11 members, as follows:
(a) the director of the department of agriculture, who shall serve as presiding officer;
(b) one member representing livestock production;
(c) one member representing agriculture crop production;
(d) one member from a recreationist/wildlife group;
(e) one member who is a herbicide dealer or applicator;
(f) one member representing noxious weed seed free material interests;
(g) one member representing weed research and control interests;
(h) one member from the Montana weed control association;
(i) two members representing counties, one each from the western and eastern parts of the state, which may include a county commissioner, district weed board member, or weed district supervisor; and
(j) one at-large member from the agricultural community.
History: En. Sec. 9, Ch. 577, L. 1985; amd. Sec. 1, Ch. 493, L. 1999; amd. Sec. 1, Ch. 65, L. 2023.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-810. Repealed

80-7-810. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 2, Ch. 639, L. 1987; amd. Sec. 7, Ch. 588, L. 1991; amd. Sec. 2, Ch. 493, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-811. Noxious weed management trust fund

80-7-811. Noxious weed management trust fund.
(1) As required by Article IX, section 6, of the Montana constitution, there is a noxious weed management trust fund of $10 million. The department shall administer the trust fund in accordance with this part.
(2) Deposits to the principal of the noxious weed management trust fund may include but are not limited to:
(a) federal contributions;
(b) private donations; and
(c) state contributions.
History: En. Sec. 2, Ch. 577, L. 1985; amd. Sec. 2, Ch. 220, L. 1995; amd. Sec. 3, Ch. 493, L. 1999; amd. Sec. 4, Ch. 472, L. 2005.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-812. Repealed

80-7-812. Repealed.
Sec. 10, Ch. 220, L. 1995.
History: En. Sec. 3, Ch. 577, L. 1985; amd. Sec. 2, Ch. 15, L. 1987; amd. Sec. 6, Ch. 588, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-813. Acceptance and expenditure of gifts and other funds

80-7-813. Acceptance and expenditure of gifts and other funds.
The department may accept gifts, grants, contracts, or other funds designated for noxious weed management. The funds must be deposited in the noxious weed management trust fund or in the account established in 80-7-816 and may be expended to support a noxious weed management project.
History: En. Sec. 4, Ch. 577, L. 1985; amd. Sec. 3, Ch. 220, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-815. Noxious weed emergency

80-7-815. Noxious weed emergency.
(1) The governor may declare a noxious weed emergency if:
(a) a new and potentially harmful noxious weed is discovered growing in the state and is verified by the department; or
(b) the state is facing a potential influx of noxious weeds as the result of a natural disaster.
(2) In the absence of necessary funding from other sources, the principal of the noxious weed management trust fund may be appropriated as provided in 80-7-814 to government agencies for emergency relief to eradicate or confine the new noxious weed species or to protect the state from an influx of noxious weeds due to a natural disaster.
History: En. Sec. 6, Ch. 577, L. 1985; amd. Sec. 8, Ch. 588, L. 1991; amd. Sec. 5, Ch. 220, L. 1995; amd. Sec. 23, Ch. 407, L. 2001; amd. Sec. 222, Ch. 574, L. 2001; amd. Sec. 6, Ch. 472, L. 2005.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-816. Account -- deposit -- investment

80-7-816. Account -- deposit -- investment.
(1) There is a noxious weed account in the state special revenue fund established in 17-2-102. The interest from the noxious weed management trust fund and the funds directed to be deposited as provided in 80-7-823, excluding unrealized gains and losses, must be deposited in the account and must be expended as provided in 80-7-705 and 80-7-814.
(2) The department may direct the board of investments to invest the funds collected under subsection (1) pursuant to the provisions of 17-6-201. The income from the investments must be credited to the account in the state special revenue fund.
History: En. Sec. 6, Ch. 220, L. 1995; amd. Sec. 73, Ch. 7, L. 2001; amd. Sec. 24, Ch. 407, L. 2001; amd. Sec. 223, Ch. 574, L. 2001; amd. Sec. 2, Ch. 106, L. 2003.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-821. Repealed

80-7-821. Repealed.
Sec. 10, Ch. 220, L. 1995.
History: En. Sec. 7, Ch. 577, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-822. Terminated

80-7-822. Terminated.
Sec. 7, Ch. 493, L. 1999.
History: En. Sec. 5, Ch. 493, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 8. Noxious Weed Management Funding › 80-7-823. Transfer of funds

80-7-823. Transfer of funds.
There is transferred $100,000 annually from the highway nonrestricted account, provided for in 15-70-125, to the noxious weed state special revenue account, provided for in 80-7-816, for the purposes provided in 80-7-705.
History: En. Sec. 2, Ch. 407, L. 2001; amd. Sec. 8, Ch. 20, Sp. L. August 2002; amd. Sec. 13, Ch. 432, L. 2007.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 9. Noxious Weed Seed Free Forage Act › 80-7-901. Short title

80-7-901. Short title.
This part may be cited as the "Noxious Weed Seed Free Forage Act".
History: En. Sec. 1, Ch. 521, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 9. Noxious Weed Seed Free Forage Act › 80-7-902. Findings -- purpose

80-7-902. Findings -- purpose.
(1) The legislature finds that:
(a) natural resources of the state need to be protected from noxious weeds and their seeds;
(b) the movement of agricultural crops or commodities as livestock forage, bedding, mulch, and related materials, including pellets, cubes, and other processed livestock feeds with noxious weed seeds, causes new and expanding noxious weed infestations on private and government-managed lands, which adversely impact agricultural, forest, recreational, and other lands;
(c) it is necessary to develop and implement a state forage and product noxious weed seed free program in cooperation with federal, state, and local government, the university system, and private enterprise;
(d) an educational program is needed to inform all citizens of the importance of the incentive to market and handle forage that is free of noxious weed seeds;
(e) a cooperative forage and product distribution system with federal, state, local, and private land manager participation is needed to prevent increased noxious weed infestations;
(f) compliance standards involving the import or export of forage, in cooperation with county weed districts and the department, are needed; and
(g) to the extent there is a need for standards and good practices for other materials to prevent the spread of noxious weeds, seeds, and other invasive organisms, the department may create options for proof of compliance in a cost-effective manner to protect the state and to provide options for businesses.
(2) The purpose of this part is to promote incentives to benefit the people of this state and other states by producing and making available forage and other materials free of noxious weeds and their seeds.
History: En. Sec. 2, Ch. 521, L. 1995; amd. Sec. 2, Ch. 90, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 9. Noxious Weed Seed Free Forage Act › 80-7-903. Definitions

80-7-903. Definitions.
As used in this part, the following definitions apply:
(1) "Advisory council" means the Montana noxious weed management advisory council. Except as provided in 80-7-805, the council is subject to the provisions of 2-15-122.
(2) "Certification" means the state-approved and documented process of determining within a standard range of variances or tolerances that forage production fields are free of the seeds of noxious weeds, as defined in 7-22-2101, which process allows a person to sell the forage as noxious weed seed free and to attach approved certification identification.
(3) "Forage" means any crop, including alfalfa, grass, small grains, straw, and similar crops and commodities, that is grown, harvested, and sold for livestock forage, bedding material, or mulch or related uses and the byproducts of those crops or commodities that have been processed into pellets, cubes, or related products.
(4) "Noxious weed seed free" means that forage has an absence of noxious weed seeds within a standardized range of variances or tolerances established by department rule.
(5) "Person" means a natural person, individual, firm, partnership, association, corporation, company, joint-stock association, body politic, or organized group of persons, whether incorporated or not, and any trustee, receiver, assignee, or similar representative.
(6) "Producer" means a person engaged in growing forage, a tenant personally engaged in growing forage, or both the owner and the tenant jointly and includes a person, cooperative organization, trust, sharecropper, and any other business entity, devices, and arrangements that grow forage that is proposed to be certified as noxious weed seed free.
(7) "Sale" or "sell" means the selling, wholesaling, distributing, offering, exposing for sale, advertising, exchanging, brokering, bartering, or giving away by any person within this state of any forage as noxious weed seed free or certified or approved as noxious weed seed free.
History: En. Sec. 3, Ch. 521, L. 1995; amd. Sec. 25, Ch. 407, L. 2001; amd. Sec. 8, Ch. 92, L. 2019; amd. Sec. 2, Ch. 65, L. 2023.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 9. Noxious Weed Seed Free Forage Act › 80-7-904. Repealed

80-7-904. Repealed.
Sec. 4, Ch. 65, L. 2023.
History: En. Sec. 4, Ch. 521, L. 1995; amd. sec. 36, Ch. 308, L. 1995.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 80-7-805, adopt rules necessary to carry out its responsibilities under this part in accordance with Title 2, chapter 4. The rules may include but are not limited to:
(1) contracts and agreements;
(2) certification standards, processing, and sampling and equipment standards and operation;
(3) inspections and investigation procedures and standards;
(4) operations;
(5) records;
(6) application, inspection, production, import, certification identification, mileage, and per diem fees and their collection;
(7) reciprocal agreements with other states or Canadian provinces; and
(8) penalties, stop sales, condemnation, and other orders.
History: En. Sec. 9, Ch. 521, L. 1995; amd. Sec. 3, Ch. 65, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.