reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 1. General Provisions › 80-10-103. Assessment to fund educational and experimental programs -- collection

80-10-103. Assessment to fund educational and experimental programs -- collection.
Money to fund 80-10-104 through 80-10-106 must be produced by an assessment of 75 cents per ton of fertilizer manufactured in or distributed into Montana. Collections must be made in accordance with procedures in 80-10-207 and payment is the responsibility of the in-state manufacturer or of the supplier if the fertilizer is not manufactured in Montana.
History: En. Sec. 1, Ch. 397, L. 1971; amd. Sec. 19, Ch. 13, L. 1977; R.C.M. 1947, 3-1729; amd. Sec. 3, Ch. 197, L. 1985; amd. Sec. 6, Ch. 395, L. 2009; amd. Sec. 1, Ch. 423, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 1. General Provisions › 80-10-104. Allocation of assessment

80-10-104. Allocation of assessment.
The assessment provided for in 80-10-103 must be collected by the department, and up to 1% must be retained by the department for costs of collection. The balance must be deposited in the state special revenue fund with 25% for use by the cooperative extension service and 75% for use by the agricultural experiment station in programs recommended by the fertilizer advisory committee provided for in 2-15-1516 and approved by the respective directors.
History: En. Sec. 2, Ch. 397, L. 1971; amd. Sec. 98, Ch. 218, L. 1974; R.C.M. 1947, 3-1730; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 423, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 1. General Provisions › 80-10-105. Educational and experimental programs

80-10-105. Educational and experimental programs.
(1) The moneys provided by 80-10-103 shall be used for comprehensive statewide educational and experimental programs aimed at optimum use of fertilizers for feed and food production.
(2) Major goals are to improve Montana's economy by providing farmers and ranchers the most accurate information possible about fertilizer use and soil management for greatest profits consistent with environmental protection on the many varied soil and climatic conditions of the state.
History: En. Sec. 3, Ch. 397, L. 1971; R.C.M. 1947, 3-1731.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 1. General Provisions › 80-10-106. Meetings and functions of advisory committee

80-10-106. Meetings and functions of advisory committee.
The advisory committee shall meet a minimum of once each year with the directors of the cooperative extension service and the agricultural experiment station to perform the following functions:
(1) review the educational and experimental programs financed by this chapter;
(2) recommend needed programs and/or program adjustments;
(3) report to the Montana house and/or senate agriculture committees as requested.
History: En. Sec. 6, Ch. 397, L. 1971; R.C.M. 1947, 3-1734.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 1. General Provisions › 80-10-110. Regulation of commercial fertilizers and soil amendments by political subdivision prohibited

80-10-110. Regulation of commercial fertilizers and soil amendments by political subdivision prohibited.
(1) Except as provided in subsection (2), a political subdivision may not regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments. A political subdivision may not adopt or continue in effect any local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments. Local legislation adopted or continued in violation of this section is void and unenforceable.
(2) (a) A political subdivision may enter into a cooperative agreement with the department concerning the use and application of commercial fertilizers or soil amendments.
(b) Nothing in subsection (1) prevents a political subdivision from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities.
History: En. Sec. 1, Ch. 395, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-201. Registration

80-10-201. Registration.
(1) (a) Each brand and grade of fertilizer and each soil amendment except unmanipulated animal or vegetable manures must be registered by the manufacturer or the supplier on behalf of the manufacturer before distribution in this state. The application for registration must be submitted to the department on a form approved by the department and must be accompanied by:
(i) a nonrefundable fee of $20 per grade for each fertilizer and for each soil amendment;
(ii) a nonrefundable fee of $35 for each specialty fertilizer; and
(iii) a fee of $10 for each commercial and specialty fertilizer to be used for ground water protection, as required in 80-15-302(3).
(b) Upon approval, the department shall furnish a copy of the registration to the applicant. All registrations expire on December 31 of each year.
(2) (a) The application for registration must include:
(i) the brand and grade;
(ii) the guaranteed analysis;
(iii) the source of each plant food element guaranteed;
(iv) the name and address of the registrant;
(v) the net weight for packaged products;
(vi) an electronic copy of each label and labeling when requested by the department; and
(vii) analytical information on nutrient ingredients and nonnutrient ingredients as required by rule.
(b) The department shall require the applicant to furnish replicated data, performed by a reputable investigator whose work is recognized as acceptable by the director of the agricultural experiment station or the director's designee, verifying any claims for effectiveness or agricultural value of any fertilizer or soil amendment product that is not generally recognized as having the values claimed at the use rates recommended.
(3) A licensee is not required to register any brand and grade of commercial fertilizer that is already registered under this section by another person.
(4) Registration is not required for custom blends resulting from blending of registered products.
(5) A manufacturer or supplier may not register a product until full payment of the assessment fees provided for in 80-10-103 and 80-10-207 has been received by the department for each product.
History: En. 3-1715.1 by Sec. 3, Ch. 279, L. 1975; R.C.M. 1947, 3-1715.1(1), (2); amd. Sec. 4, Ch. 197, L. 1985; amd. Sec. 1, Ch. 27, L. 1989; amd. Sec. 1, Ch. 8, L. 2003; amd. Sec. 2606, Ch. 56, L. 2009; amd. Sec. 7, Ch. 395, L. 2009; amd. Sec. 5, Ch. 339, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-202. License required

80-10-202. License required.
A person may not distribute in this state any type of fertilizer or soil amendment, except unmanipulated animal or vegetable manures or specialty fertilizer, until a license to distribute has been obtained from the department for each facility distributing into this state and for each handling facility in this state. All new applicants shall pay a nonrefundable $75 fee for each license. All licenses expire on December 31 of each year and are subject to the following:
(1) The application for license must be on forms approved by the department.
(2) License renewals received by the department prior to January 1 of each year must be accompanied by a fee of $50 for each license.
(3) The department may collect a $25 late penalty for a license renewal received after December 31.
(4) Before distributing any commercial fertilizer or soil amendment into the state, a person must be licensed as a supplier.
History: En. 3-1715.1 by Sec. 3, Ch. 279, L. 1975; R.C.M. 1947, 3-1715.1(4); amd. Sec. 2, Ch. 27, L. 1989; amd. Sec. 8, Ch. 395, L. 2009; amd. Sec. 6, Ch. 339, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-203. Fertilizer to be uniform

80-10-203. Fertilizer to be uniform.
(1) The plant nutrient content of every brand and grade of commercial fertilizer shall remain uniform for the period of registration.
(2) The manufacturer or licensee shall at all times deliver a uniform grade of fertilizer or soil amendment. When two or more fertilizers are delivered in the same load, they shall be thoroughly and uniformly mixed unless they are in separate compartments.
History: En. 3-1715.1 by Sec. 3, Ch. 279, L. 1975; R.C.M. 1947, 3-1715.1(3), (5); amd. Sec. 7, Ch. 339, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-204. Labeling

80-10-204. Labeling.
(1) All commercial fertilizer distributed in this state in containers must have affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(a) net weight;
(b) name and address of the registrant or guarantor;
(c) brand;
(d) grade, except if no primary nutrients are claimed;
(e) guaranteed analysis;
(f) directions for use of the fertilizer by the end user; and
(g) other requirements as established by rule.
(2) Any bin in the state in which commercial fertilizer is stored for distribution must have affixed to or printed on it a label setting forth in clearly legible and conspicuous form:
(a) the guaranteed analysis of the product in the bin; and
(b) other requirements established by rule.
(3) All commercial fertilizer delivered in this state in bulk, whether a manufactured grade or blended grade, must be accompanied by a clearly legible document that must be supplied to the purchaser at the time of delivery. The document must show:
(a) net weight;
(b) name and address of the licensee, registrant, or guarantor;
(c) guaranteed analysis or, on custom-blended fertilizer, the net weight and guaranteed analysis of each ingredient added; and
(d) other requirements as established by rule.
(4) (a) When distributed in containers, soil amendments must have a label affixed to the container setting forth in clearly legible and conspicuous form the following information:
(i) net weight;
(ii) name and address of the registrant or guarantor;
(iii) brand and product name;
(iv) guaranteed analysis;
(v) soil amending ingredients listed in the following form:
Name of ingredient (identify and list all)%
Total other ingredients%
(vi) purpose of the product; and
(vii) other requirements, such as particle size, as established by rule.
(b) In the case of bulk shipments of soil amendments, the information required in subsection (4)(a) must be in clearly legible written or printed form, must accompany delivery, and must be supplied to the purchaser at the time of delivery.
History: En. 3-1716.1 by Sec. 4, Ch. 279, L. 1975; R.C.M. 1947, 3-1716.1; amd. Sec. 5, Ch. 197, L. 1985; amd. Sec. 2607, Ch. 56, L. 2009; amd. Sec. 9, Ch. 395, L. 2009; amd. Sec. 8, Ch. 339, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-205. Misbranding and adulteration prohibited

80-10-205. Misbranding and adulteration prohibited.
(1) A person may not distribute a misbranded fertilizer or soil amendment. A fertilizer or soil amendment is misbranded if:
(a) its labeling is false or misleading in any manner;
(b) it is distributed under the name of another fertilizer or soil amendment product;
(c) it is not labeled as required in 80-10-204 and in accordance with rules prescribed under this chapter;
(d) adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown on the label; or
(e) it purports to be or is represented as a fertilizer or soil amendment or is represented as containing a plant nutrient, fertilizer, or soil amendment ingredient unless that plant nutrient, fertilizer, or soil amendment conforms to the definition of identity, if any, prescribed by rule of the department. In adopting this type of rule, the department shall give consideration to commonly accepted definitions and official fertilizer and soil amendment terms as issued by the association of American plant food control officials.
(2) A person may not distribute an adulterated fertilizer or soil amendment product. A fertilizer or soil amendment is adulterated if:
(a) it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label;
(b) its composition falls below or differs from that which it is purported to possess by its labeling; or
(c) it contains crop seed or weed seed.
History: En. 3-1720.1 by Sec. 7, Ch. 279, L. 1975; R.C.M. 1947, 3-1720.1; amd. Sec. 10, Ch. 395, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-206. Inspection, sampling, and analysis

80-10-206. Inspection, sampling, and analysis.
(1) The department may sample, inspect, analyze, and test commercial fertilizers and soil amendments distributed in this state at a time and place and to an extent necessary to determine whether the commercial fertilizers or soil amendments are in compliance with this chapter. The department may enter any public or private premises during regular business hours in order to have access to commercial fertilizers or soil amendments subject to this chapter.
(2) The methods of analysis and sampling must be those adopted by the department from sources such as those of the association of official analytical chemists. The results of analysis, together with additional information the department considers advisable, must be transmitted promptly to the manufacturer and to the dealer or person in whose possession the product was sampled.
(3) The department, in determining whether any deficiency occurred in a commercial fertilizer or soil amendment, must be guided solely by the official sample obtained and analyzed as provided for in subsections (1) and (2). The department may arrange with other laboratories for specific analyses conducted as part of an official analysis.
(4) If on the basis of an inspection or the analysis of the official sample a commercial fertilizer or soil amendment is found to be subject to penalty or other legal action, the department shall forward to the responsible party notification of the violation. If no adequate evidence to the contrary is made available to the department, the report becomes official.
(5) Upon request, the department shall furnish to the responsible party a portion of any sample found subject to penalty or other legal action. The responsible party may challenge the department's determination of a violation within 30 days following the responsible party's receipt of the analysis. Upon receipt of the challenge, the department shall forward a portion of the remainder of the official sample to any recognized chemical laboratory of the responsible party's choice for analysis. If the results differ significantly from the department's analysis, the responsible party may request a referee analysis by a referee laboratory chosen by the department. Results of the referee analysis must be reported to the responsible party and to the department, and the referee analysis is considered official. If the department's initial analysis is sustained following a referee analysis, the responsible party that requested the referee analysis shall pay the costs of the referee analysis.
History: En. Sec. 7, Ch. 41, L. 1957; amd. Sec. 90, Ch. 218, L. 1974; amd. Sec. 6, Ch. 279, L. 1975; R.C.M. 1947, 3-1718; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 11, Ch. 395, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-208. Penalties

80-10-208. Penalties.
(1) A penalty of two times the commercial value of the deficiency, as determined by the retail price based on a semiannual state survey, may be assessed:
(a) if the analysis shows that a commercial fertilizer is deficient in one or more of its guaranteed primary nutrients beyond the investigational allowance as established by regulation; or
(b) if the overall index value of the fertilizer is below the level established by regulation.
(2) When a commercial fertilizer is subject to a penalty under both subsections (1)(a) and (1)(b), the larger penalty applies.
(3) Deficiencies beyond the investigational allowances as established by regulation in any other constituent covered under 80-10-102(1)(b), (1)(c), and (1)(d) that the registrant is required to or may guarantee may be evaluated, and penalties may be assessed at two times the commercial value of the deficiency as determined by the retail price based on a semiannual state survey.
(4) Nothing contained in this section prevents any person from appealing the department's decision to a court of competent jurisdiction.
(5) All penalties assessed under this section must be paid to the consumer of the lot, not to exceed 100 tons, of commercial fertilizer represented by the sample analyzed within 3 months after the date of notice from the department to the responsible party. If at the end of the 3-month period the consumer cannot be found, receipts must be taken and promptly forwarded to the department for deposit in the state special revenue fund as provided in 80-10-207.
(6) If the department cannot reasonably determine the lot size, then the lot size is considered to be 2 tons for the purposes of calculating the commercial value of the deficiency.
(7) A deficiency in an official sample of mixed fertilizer that results from nonuniformity is not distinguishable from a deficiency to actual plant nutrient shortage and is subject to official action.
History: En. 3-1726.1 by Sec. 13, Ch. 279, L. 1975; R.C.M. 1947, 3-1726.1; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 13, Ch. 395, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-209. Publications

80-10-209. Publications.
The department may publish by electronic or other means annual information concerning the sales of commercial fertilizers and soil amendments, together with data on their production and use as it considers advisable, and may report the results of the analyses based on official samples of commercial fertilizers and soil amendments sold in this state.
History: En. Sec. 11, Ch. 41, L. 1957; amd. Sec. 92, Ch. 218, L. 1974; amd. Sec. 9, Ch. 279, L. 1975; R.C.M. 1947, 3-1722; amd. Sec. 14, Ch. 395, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-210. Licensee reports -- confidentiality -- inspection -- failure to file

80-10-210. Licensee reports -- confidentiality -- inspection -- failure to file.
(1) Information contained in the reports required by 80-10-207(3) shall be held confidential by the department. Summary data published by the department shall be in a form that will not disclose details of any operation or business.
(2) The department may inspect and audit, during normal business hours, each licensee's records for the purpose of verifying tonnage reports.
(3) Failure to file an accurate report constitutes a violation of this chapter and may be punished by fine, revocation of license, or both.
History: En. 3-1721.1 by Sec. 8, Ch. 279, L. 1975; R.C.M. 1947, 3-1721.1; amd. Sec. 13, Ch. 20, L. 1979.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-211. Cancellation or refusal of registration or licenses

80-10-211. Cancellation or refusal of registration or licenses.
(1) The department may cancel the registration of any commercial fertilizer or soil amendment and may refuse to register any commercial fertilizer or soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter or any rules adopted under it. However, a registration may not be revoked or refused until the registrant is given the opportunity to amend the application or correct other practices.
(2) The department may cancel any license or refuse to license any person when it has satisfactory evidence that the person has used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter or any rules adopted under it. However, a license may not be revoked or refused until the person involved is given the opportunity to appear for a hearing by the department.
History: En. Sec. 13, Ch. 41, L. 1957; amd. Sec. 6, Ch. 43, L. 1963; amd. Sec. 94, Ch. 218, L. 1974; amd. Sec. 11, Ch. 279, L. 1975; R.C.M. 1947, 3-1724; amd. Sec. 2608, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 2. Licensing and Registration › 80-10-212. Exchanges between manufacturers

80-10-212. Exchanges between manufacturers.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil amendment to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil amendment to manufacturers or manipulators who have registered their brands and grades or licensed their facilities as required by the provisions of this chapter.
History: En. Sec. 17, Ch. 41, L. 1957; amd. Sec. 15, Ch. 279, L. 1975; R.C.M. 1947, 3-1728.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 3. Enforcement › 80-10-301. Rules -- adoption by department

80-10-301. Rules -- adoption by department.
(1) The department may adopt those rules for commercial fertilizer and soil amendment which are specifically authorized in this chapter and those other reasonable rules necessary for the efficient enforcement of this chapter.
(2) In adopting rules the department shall follow procedures prescribed in the Montana Administrative Procedure Act.
History: En. 3-1723.1 by Sec. 10, Ch. 279, L. 1975; R.C.M. 1947, 3-1723.1.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 3. Enforcement › 80-10-302. Enforcement -- embargo order -- condemnation

80-10-302. Enforcement -- embargo order -- condemnation.
(1) When the department has reasonable cause to believe any lot of commercial fertilizer or soil amendment is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written or printed embargo order requiring the person holding the commercial fertilizer or soil amendment not to dispose of it in any manner until written permission is granted by the department or the court. The department shall release the product when this chapter and the rules of the department have been complied with. If compliance is not obtained within 30 days, the department may begin or, upon the request of the registrant or the person holding the product, shall begin proceedings for condemnation.
(2) Commercial fertilizer or soil amendment not in compliance with this chapter or the rules of the department may be seized on complaint of the department to a district court in the area in which the product is located. If the court finds the product in violation of this chapter and orders its condemnation, the fertilizer or amendment shall be disposed of in any manner consistent with the quality of the product and state law. The disposition of the product may not be ordered by the court without first giving the owner or person from whom the product was seized an opportunity to apply to the court for release of the product or for permission to process or relabel the product to bring it into compliance with this chapter.
History: En. 3-1725.1 by Sec. 12, Ch. 279, L. 1975; R.C.M. 1947, 3-1725.1.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 5. Anhydrous Ammonia Facilities › 80-10-501. Short title

80-10-501. Short title.
This part shall be known and may be cited as the "Anhydrous Ammonia Facilities Safety Act".
History: En. Sec. 1, Ch. 310, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 5. Anhydrous Ammonia Facilities › 80-10-502. Definitions

80-10-502. Definitions.
As used in this part, the following definitions apply:
(1) "Anhydrous ammonia" means a compound formed by a combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume, which compound is in either gaseous or liquid form and is used primarily as fertilizer.
(2) "Anhydrous ammonia facility" or "facility" means any building, tank, or system of equipment used for processing, storing, or distributing anhydrous ammonia and includes all appurtenances to such building, tank, or system.
History: En. Sec. 2, Ch. 310, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 5. Anhydrous Ammonia Facilities › 80-10-503. Rulemaking authority and requirements

80-10-503. Rulemaking authority and requirements.
(1) The department shall adopt rules for the design, construction, repair, alteration, location, installation, and operation of anhydrous ammonia facilities. The rules must be in substantial conformity with nationally recognized safety standards for the storage and handling of anhydrous ammonia. The rules must require the owner to place the owner's name and phone number on the owner's anhydrous ammonia tank or tanks. The department may adopt additional rules necessary for the protection and safety of persons employed in anhydrous ammonia facilities, persons using anhydrous ammonia, and the public.
(2) The rules must include a provision under which new or existing facilities may apply for a temporary or permanent variance from any requirement of the rules. The rules must provide criteria for granting or denying a variance request and must provide for written notice and public hearing on any variance request.
(3) The department shall coordinate its rulemaking activities with other executive branch agencies and departments by providing them with timely information on the adoption of the rules, inviting and encouraging their participation, giving due weight and consideration to their comments and testimony, and coordinating interdepartmental meetings on matters pertaining to the adoption of the rules.
History: En. Sec. 3, Ch. 310, L. 1985; amd. Sec. 1, Ch. 334, L. 2005; amd. Sec. 2610, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 5. Anhydrous Ammonia Facilities › 80-10-506. Preexisting facilities

80-10-506. Preexisting facilities.
Any facility in operation prior to the adoption of rules under 80-10-503 that is not in compliance with the rules must be allowed to continue in operation unless the department, after inspection and written notice to the owner or operator, makes a determination that the facility presents a safety hazard to employees, other persons using the facility, or the public.
History: En. Sec. 4, Ch. 310, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 5. Anhydrous Ammonia Facilities › 80-10-507. Variance

80-10-507. Variance.
A person who owns or controls a facility may request in writing from the department a variance, which is an exemption or partial exemption from any rule governing the design, construction, repair, alteration, location, installation, or operation of a facility.
History: En. Sec. 5, Ch. 310, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 10. Commercial Fertilizers › Part 5. Anhydrous Ammonia Facilities › 80-10-509. Funding

80-10-509. Funding.
Administration and enforcement of the provisions of this part and the rules adopted under 80-10-503 must be funded through expenditures of the anhydrous ammonia account established under 80-10-207(5).
History: En. Sec. 7, Ch. 310, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 1. Agricultural Marketing and Transportation › 80-11-101. Definitions

80-11-101. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Agricultural products" means crops, livestock, and livestock products.
(2) "Marketing" means all activities involved in getting agricultural products from the producer to the consumer and includes transportation, processing, and distribution.
History: En. Sec. 2, Ch. 330, L. 1969; Sec. 3-117, R.C.M. 1947; amd. and redes. 3-3002 by Sec. 6, Ch. 218, L. 1974; R.C.M. 1947, 3-3002.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 1. Agricultural Marketing and Transportation › 80-11-102. Intent of legislature

80-11-102. Intent of legislature.
It is the intent of the legislature that the department of agriculture coordinate marketing from the initial producer to the consumer and reduce marketing cost by assisting both producer and industry to find ways to more efficiently market their products. The department shall also endeavor to develop new and improved systems of marketing which will result in the stabilization and improvement of returns for industry and the producer. It shall work with farm leaders, farmer cooperatives, processors, wholesalers, retailers, representatives of the transportation industry, consumer groups, and others as a means of correcting marketing inefficiencies or eliminating restrictions.
History: En. Sec. 1, Ch. 330, L. 1969; Sec. 3-116, R.C.M. 1947; amd. and redes. 3-3001 by Sec. 5, Ch. 218, L. 1974; R.C.M. 1947, 3-3001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 1. Agricultural Marketing and Transportation › 80-11-103. Department's marketing duties

80-11-103. Department's marketing duties.
The department shall:
(1) keep abreast of research results in the subject matter area of marketing;
(2) coordinate work with local, state, and national planning groups and other interested parties in helping them identify major problem areas and needs in marketing;
(3) develop and carry out appropriate action programs that will result in significant improvements being made by those people concerned with problems of marketing;
(4) coordinate efforts with representatives of other agencies or organizations or persons who are concerned with related programs;
(5) investigate the costs of marketing;
(6) gather and disseminate information concerning supply, demand, favorable marketing information, prevailing prices, and changes in marketing movements, practices, and rates, including common and cold storage of food products;
(7) promote, assist, and encourage the organization and operation of cooperative and other associations and organizations for improving the relations and services among producers, distributors, and consumers of food products;
(8) investigate the practice and methods concerning the marketing of agricultural products;
(9) act as mediator or arbitrator, when invited, in a controversy or issue that may arise between producers and distributors;
(10) assist producers and distributors in the economical and efficient distribution of agricultural products at fair prices;
(11) appear and be heard at any hearing involving agricultural marketing affecting Montana; and
(12) award and distribute grants from the agricultural transportation enhancement account pursuant to 80-11-105 to enhance the transportation of agricultural goods and to meet the purposes of Title 7, chapter 14, part 11.
History: En. Sec. 4, Ch. 330, L. 1969; Sec. 3-119, R.C.M. 1947; amd. and redes. 3-3003 by Sec. 7, Ch. 218, L. 1974; R.C.M. 1947, 3-3003; amd. Sec. 3, Ch. 564, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 1. Agricultural Marketing and Transportation › 80-11-104. Cooperation of state agencies

80-11-104. Cooperation of state agencies.
All agencies of the state which participate in marketing shall cooperate with and assist the department.
History: En. Sec. 8, Ch. 330, L. 1969; Sec. 3-123, R.C.M. 1947; amd. and redes. 3-3004 by Sec. 8, Ch. 218, L. 1974; R.C.M. 1947, 3-3004.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 1. Agricultural Marketing and Transportation › 80-11-105. Agricultural transportation enhancement account

80-11-105. Agricultural transportation enhancement account.
(1) There is an agricultural transportation enhancement account in the state special revenue fund established in 17-2-102.
(2) Any state funds distributed by the department of agriculture must be matched at a rate of 1 to 1, with $1 in state funds to $1 in local funds.
History: En. Sec. 1, Ch. 564, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-201. Definitions

80-11-201. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Commercial channels" means the sale of wheat or barley for any use when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or barley or product produced from wheat or barley.
(2) "Committee" means the Montana wheat and barley committee provided for in 2-15-3002.
(3) "First purchaser" means any person, public or private corporation, association, or partnership buying, accepting for shipment, or otherwise acquiring the property in or to wheat or barley from a grower and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, where the actual or constructive possession of such wheat or barley is taken as part payment or in satisfaction of such mortgage, pledge, lien, or claim.
(4) "Grower" means any landowner personally engaged in growing wheat or barley, a tenant of the landowner personally engaged in growing wheat or barley, or both the owner and the tenant jointly; and includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and any and all other business units, devices, and arrangements.
(5) "Sale" includes any pledge or mortgage of wheat or barley after harvest to any person, public or private.
History: En. Sec. 4, Ch. 314, L. 1967; amd. Sec. 109, Ch. 218, L. 1974; amd. Sec. 2, Ch. 71, L. 1975; R.C.M. 1947, 3-2904; amd. Sec. 1, Ch. 630, L. 1983; amd. Sec. 2, Ch. 48, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-202. Declaration of policy

80-11-202. Declaration of policy.
In the presence of the facts that wheat and barley are the principal grain crops produced in Montana and as such are agricultural resources of the first magnitude in the economy of the inhabitants of Montana, prime factors in the production of wealth and the development and stabilization of property values and of activities and enterprises that are bases and sources of important contributions by taxation to the public revenues, and that Montana wheat and barley are commodities that enter a world market highly competitive in character, it is hereby declared to be the public policy of the state of Montana to protect and foster the health, prosperity, and general welfare of its people by encouraging and promoting intensive, scientific, and practical research into all phases of wheat and barley culture and production, marketing, and use and into the development of markets for wheat and barley grown in Montana by the department.
History: En. Sec. 2, Ch. 314, L. 1967; amd. Sec. 108, Ch. 218, L. 1974; amd. Sec. 1, Ch. 71, L. 1975; R.C.M. 1947, 3-2902; amd. Sec. 3, Ch. 507, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-203. Compensation -- per diem

80-11-203. Compensation -- per diem.
Members of the committee may not receive a salary but are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business and must be reimbursed for travel expenses, as provided in 2-18-501 through 2-18-503, incurred while on official business.
History: En. Sec. 6, Ch. 314, L. 1967; amd. Sec. 110, Ch. 218, L. 1974; amd. Sec. 3, Ch. 71, L. 1975; amd. Sec. 5, Ch. 439, L. 1975; R.C.M. 1947, 3-2906; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 3, Ch. 48, L. 1987; amd. Sec. 9, Ch. 700, L. 1989; amd. Sec. 3, Ch. 30, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-204. Election of presiding officer -- time of meetings

80-11-204. Election of presiding officer -- time of meetings.
At the first meeting of the administrative committee, it shall elect a presiding officer from among its members. The committee shall meet at least once every 3 months and at other times as called by the presiding officer or by any three members of the committee.
History: En. Sec. 8, Ch. 314, L. 1967; R.C.M. 1947, 3-2908; amd. Sec. 2611, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-205. Powers of the committee

80-11-205. Powers of the committee.
(1) The committee may:
(a) adopt rules necessary for the administration of this part;
(b) provide, through the department, for the enforcement of this part;
(c) provide for the conduct of research into the production, marketing, and uses of wheat and barley;
(d) enter into contracts or agreements with units of the Montana university system and other local, state, or national organizations, public or private, for the purposes of improving wheat or barley quality, increasing the efficiency of production, developing marketing knowledge, developing markets, determining new uses for wheat or barley, developing alternative crops for wheat or barley, and carrying out all research and marketing contemplated by this part. The committee may not establish research units or agencies of its own.
(2) Researchers or professional or scientific personnel may not be employed to carry out this part except as provided in subsection (1)(d) of this section.
(3) None of the powers or duties provided for in this part permit participation in state or federal political action by the committee.
History: En. Sec. 9, Ch. 314, L. 1967; amd. Sec. 111, Ch. 218, L. 1974; amd. Sec. 4, Ch. 71, L. 1975; R.C.M. 1947, 3-2909; amd. Sec. 2, Ch. 630, L. 1983; amd. Sec. 4, Ch. 507, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-206. Maximum annual assessment on wheat and barley grown, delivered, or stored

80-11-206. Maximum annual assessment on wheat and barley grown, delivered, or stored.
(1) There is an annual assessment of not more than 40 mills per bushel on all wheat and not more than 60 mills per hundredweight on all barley grown, delivered, or stored in the state of Montana and sold through commercial channels.
(2) The assessment is levied and imposed:
(a) in the case of a sale of wheat or barley, at the time of first sale of any wheat or barley by a seller, and must be collected by the first purchaser of the wheat or barley from the seller at the time of each settlement for wheat or barley purchased;
(b) in the case of a pledge or mortgage of wheat or barley as security for a loan under any federal price support program other than the commodity credit corporation and must be collected by deducting the amount of the assessment from the proceeds of the loan at the time the loan is made by the agency or person making the loan; or
(c) in the case of wheat or barley pledged under the federal commodity credit corporation, and the assessment must be collected at the time of purchase, not at the time a lease or loan is made under the program.
(3) The assessment levied under the provisions of this part must be deducted and collected as provided by this part, whether the wheat or barley is stored in this or any other state. The assessment attaches to each transaction, but a seller is not subject to assessment more than once irrespective of the number of times the wheat or barley is the subject of a sale, pledge, mortgage, or other transaction. The assessment is imposed and attaches on the initial sale, pledge, mortgage, or other transaction in which the wheat or barley seller parts with title to the wheat or barley or creates some interest in the wheat or barley in a pledgee, mortgagee, or other person.
History: En. Sec. 11, Ch. 314, L. 1967; amd. Sec. 1, Ch. 201, L. 1971; amd. Sec. 5, Ch. 71, L. 1975; R.C.M. 1947, 3-2911; amd. Sec. 1, Ch. 530, L. 1979; amd. Sec. 1, Ch. 31, L. 1983; amd. Sec. 1, Ch. 51, L. 1993; amd. Sec. 1, Ch. 576, L. 1993; amd. Sec. 1, Ch. 270, L. 2003; amd. Sec. 1, Ch. 84, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-207. Delivery of invoice -- form -- filing of sworn statement -- payment of assessment -- refund

80-11-207. Delivery of invoice -- form -- filing of sworn statement -- payment of assessment -- refund.
(1) The purchaser of the wheat or barley at the time of sale or the pledgee, mortgagee, or other lender at the time of the loan or advance shall give separate invoices for each purchase, delivery, or storage charge to the seller or person delivering the wheat or barley or entering it into storage. The invoices must be on forms approved by the department and must show:
(a) the name and address of the seller or of the person delivering the wheat or barley or entering it into storage;
(b) the name and address of the purchaser or the lender;
(c) the number of bushels of wheat or hundredweights of barley sold, mortgaged, pledged, delivered, or stored;
(d) the date of the purchase, mortgage, pledge, delivery, or storage and the amount of assessment collected and remitted to the department.
(2) The purchaser, mortgagee, or pledgee shall file with the department, on forms prescribed by the department, within 20 days after the end of a month in which a purchaser purchases wheat or barley or in which a lender makes a loan or advance on wheat or barley, a sworn statement of the number of bushels of wheat or hundredweights of barley purchased in Montana, the number of bushels of wheat or hundredweights of barley mortgaged or pledged or otherwise transferred or liened as security for a loan during the preceding calendar month, or the number of bushels of wheat or hundredweights of barley delivered or stored. At the time the sworn statement is filed, the purchaser or lender shall pay to the department the assessment provided for in 80-11-206 for deposit in the wheat and barley account in the state special revenue fund.
(3) The statement referred to in subsections (1) and (2) must be legibly written and entirely free of any corrections or erasures. A person may not alter any part of a statement.
(4) After 30 days and before 90 days following the deduction of the assessment by the first purchaser or the first lender under 80-11-206(2), the seller may, upon the submission of a written, verified request to the department, obtain a refund of the assessment. The request must be accompanied by the original invoices received by the seller at the time of settlement. The department shall keep complete records of all refunds made under the provisions of this section. Records of refunds may be destroyed 2 years after the refund is made. All original invoices must be returned to the seller with the refund payment.
History: En. Sec. 13, Ch. 314, L. 1967; amd. Sec. 2, Ch. 201, L. 1971; amd. Sec. 112, Ch. 218, L. 1974; amd. Sec. 6, Ch. 71, L. 1975; R.C.M. 1947, 3-2913; amd. Sec. 43, Ch. 281, L. 1983; amd. Sec. 4, Ch. 48, L. 1987; amd. Sec. 10, Ch. 700, L. 1989; amd. Sec. 2, Ch. 576, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-208. Receipt of gifts, grants, or donations for research purposes

80-11-208. Receipt of gifts, grants, or donations for research purposes.
The department may receive any gifts, grants, or donations for any research of scientific inquiries conducted under this part and may spend them in compliance with the conditions of the grants, gifts, and donations.
History: En. Sec. 15, Ch. 314, L. 1967; amd. Sec. 113, Ch. 218, L. 1974; R.C.M. 1947, 3-2915.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-209. Official bonds of employees

80-11-209. Official bonds of employees.
Employees of the department participating in the handling of assessment receipts or other receipts shall be bonded for the faithful and safe handling and accounting for the receipts while in their hands and for faithful compliance with this part.
History: En. Sec. 16, Ch. 314, L. 1967; amd. Sec. 114, Ch. 218, L. 1974; R.C.M. 1947, 3-2916.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-210. Wheat and barley account -- sources -- use -- expenditures

80-11-210. Wheat and barley account -- sources -- use -- expenditures.
(1) There shall be an account in the state special revenue fund known as the wheat and barley account. The following shall be placed in the account:
(a) the proceeds of all millage levies collected under this part; and
(b) the proceeds from all gifts, grants, or donations to the department for research authorized under this part.
(2) The account shall be maintained for the purposes of this part and shall be separate from all other accounts of the department.
(3) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. The income from such investments shall be credited to the wheat and barley account.
History: En. Sec. 17, Ch. 314, L. 1967; amd. Sec. 2, Ch. 70, L. 1973; amd. Sec. 115, Ch. 218, L. 1974; amd. Sec. 2, Ch. 16, L. 1977; R.C.M. 1947, 3-2917; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 5, Ch. 48, L. 1987; amd. Sec. 11, Ch. 700, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-211. Violation -- penalty

80-11-211. Violation -- penalty.
(1) Any person violating any of the provisions of this part is subject to an administrative civil penalty of not more than $5,000 for each monthly report not filed but required by administrative rule.
(2) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under this section. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6. The department shall adopt the rules within 3 months of July 1, 2019. The department may not enforce the penalties provided for in this section until the rules are adopted.
(3) Funds received in the form of civil penalties must be deposited in the general fund.
History: En. Sec. 19, Ch. 314, L. 1967; R.C.M. 1947, 3-2919; amd. Sec. 1, Ch. 64, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-222. Repealed

80-11-222. Repealed.
Sec. 2, Ch. 31, L. 1983.
History: En. Sec. 3, Ch. 530, L. 1979; amd. Sec. 2, Ch. 615, L. 1981.