reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 3. General Provisions -- Apis Bees › 80-6-303. Penalty

80-6-303. Penalty.
(1) (a) Except as provided in subsection (2), a person violating or aiding in the violation of parts 1 through 3 of this chapter or rules adopted under parts 1 through 3 is subject to an administrative civil penalty of not more than $1,000 for each offense. Assessment of a penalty under this subsection (1) may be made in conjunction with any other warning, order, or administrative action that is issued by the department under this part. The proceeds of an administrative civil penalty must be deposited in the state special revenue account provided for in 80-6-315.
(b) A person who is assessed a penalty for violating parts 1 through 3 of this chapter is also subject to payment of costs incurred by the department for inspections or investigations related to the violation.
(2) (a) A person violating or aiding in the violation of the provisions of 80-6-202 is subject to an administrative civil penalty of not more than $10,000 for each offense. Assessment of a penalty under this subsection (2)(a) may be made in conjunction with any other warning, order, or administrative action that is issued by the department under this part. The proceeds of an administrative civil penalty must be deposited in the state special revenue account provided for in 80-6-315.
(b) A person who is assessed a penalty for violating 80-6-315 is also subject to payment of costs incurred by the department for inspections or investigations related to the violation.
(3) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts of penalties for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under subsection (1). The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.
(4) This part may not be construed as requiring the department or its representatives to report violations of this part when it is believed that the public interest will be best served by a suitable notice of warning.
History: En. Sec. 8, Ch. 79, L. 1947; Sec. 82-812, R.C.M. 1947; amd. and redes. 3-3110 by Sec. 137, Ch. 218, L. 1974; R.C.M. 1947, 3-3110; amd. Sec. 3, Ch. 491, L. 1993; amd. Sec. 5, Ch. 11, L. 2003; amd. Sec. 13, Ch. 468, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 3. General Provisions -- Apis Bees › 80-6-311. Bee laboratory authorized

80-6-311. Bee laboratory authorized.
The department or a party designated by the department may develop and maintain a laboratory to provide disease and pest analytical services required to carry out the provisions of this part. The laboratory may be authorized by the department to provide services to persons possessing any bees or equipment on a fee basis pursuant to 80-6-201(3).
History: En. Sec. 9, Ch. 198, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 3. General Provisions -- Apis Bees › 80-6-315. State special revenue account -- source of funds

80-6-315. State special revenue account -- source of funds.
(1) There is an apiary account in the state special revenue fund established in 17-2-102. All funds received by the department under parts 1 through 3 must be deposited in the apiary account.
(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 interest and income from the investments must be credited to the account provided for in subsection (1).
History: En. Sec. 1, Ch. 11, L. 2003.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1101. Short title

80-6-1101. Short title.
This part may be cited as the "Alfalfa Leaf-Cutting Bee Management Act".
History: En. Sec. 1, Ch. 331, L. 1981; amd. Sec. 1, Ch. 310, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1102. Definitions

80-6-1102. Definitions.
As used in this part, the following definitions apply:
(1) "Bee" means any stage in the life cycle of a bee of the species Megachile rotundata (F), commonly known as the alfalfa leaf-cutting bee.
(2) "Certification" means the process of analyzing bees and equipment by the committee to determine whether they meet required standards.
(3) "Chalkbrood" means a fungal disease that attacks larvae of the alfalfa leaf-cutting bee.
(4) "Committee" means the Montana alfalfa seed committee established in 2-15-3004.
(5) "Department" means the department of agriculture established in 2-15-3001.
(6) "Equipment" means shelters, trays, incubators, cell removers, tumblers, and other apparatus, except nesting materials, used in rearing bees.
(7) "Nest destroyer" means any organism that competes with the bee larvae for nest provisions.
(8) "Nesting materials" means laminates, drilled boards, and other apparatus used in nesting bees.
(9) "Parasite" means an organism living in or on any stage of the alfalfa leaf-cutting bee obtaining nutriment from the body of the bee.
(10) "Pathogen" means an organism that causes disease in the alfalfa leaf-cutting bee.
(11) "Person" means an individual, association, partnership, or corporation.
(12) "Predator" means any organism or insect that preys on, devours, or destroys bees or nests.
(13) "Wild trap" means to intentionally trap bees on property not owned or leased by the trapper.
History: En. Sec. 2, Ch. 331, L. 1981; amd. Sec. 1, Ch. 97, L. 1983; amd. Sec. 2, Ch. 310, L. 1987; amd. Sec. 2, Ch. 167, L. 1989; amd. Sec. 1, Ch. 57, L. 1995; amd. Sec. 2, Ch. 4, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1103. Committee responsibilities -- adoption of rules

80-6-1103. Committee responsibilities -- adoption of rules.
(1) The committee is responsible for the administration of this part.
(2) The committee shall by rule adopt minimum standards for the presence of pathogens and parasites.
(3) The committee may adopt rules establishing minimum standards for the presence of predators and nest destroyers in bees to be certified, imported, quarantined, and possessed or controlled in the state of Montana.
(4) The committee may provide information and services relating to the rearing of alfalfa leaf-cutting bees and alfalfa seed production.
(5) The committee may enter into agreements with other governmental agencies or private associations in carrying out the provisions of this part.
(6) In performing its duties under this part, the committee may:
(a) enter upon any public or private premises to inspect equipment and sample bees;
(b) by rule establish quarantines to regulate the entry of bees, equipment, and nesting material into areas of Montana specified in the quarantines;
(c) quarantine any bees, equipment, or nesting material found to be infected or contaminated at levels exceeding importation or quarantine standards;
(d) order the disinfection, destruction, or removal of any bees, equipment, or nesting material that does not meet importation or quarantine standards.
(7) Upon receiving notification of nesting material or bees that appear to be abandoned, the committee shall contact the owner as soon as possible to correct the problem. If the owner cannot be found, the nesting material or bees must be considered abandoned and the procedures for disposition of abandoned property set out in Title 70, chapter 9, must be followed.
(8) (a) Whenever the committee has reasonable cause to believe a person is in possession of any bees or equipment in violation of this part or rules adopted under it, the committee may order a quarantine of the suspected bees or equipment and may require any person in possession of the bees or equipment to hold them under specified conditions until notified otherwise in writing by the committee.
(b) The committee shall release any quarantine upon finding that the bees and equipment are in compliance with this part.
History: En. Sec. 3, Ch. 331, L. 1981; amd. Sec. 2, Ch. 97, L. 1983; amd. Sec. 3, Ch. 310, L. 1987; amd. Sec. 3, Ch. 167, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1104. Advisory duty of committee

80-6-1104. Advisory duty of committee.
The committee shall advise the department with respect to any contemplated rulemaking. The committee shall meet periodically to review the minimum standards adopted under this part.
History: En. Sec. 5, Ch. 331, L. 1981; amd. Sec. 4, Ch. 310, L. 1987; amd. Sec. 4, Ch. 167, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1105. Alfalfa leaf-cutting bees -- certification

80-6-1105. Alfalfa leaf-cutting bees -- certification.
(1) A person possessing or controlling alfalfa leaf-cutting bees in the state of Montana may annually certify all or part of the person's bees as provided in this section.
(2) To certify bees, a person shall file a completed application form provided by the department, together with a fee set by rule. The applicant shall provide the following:
(a) name and place of residence;
(b) the general location and number of bees to be certified; and
(c) other relevant information as may be required by committee rule.
(3) After receipt of an application for certification, a sample of the total population of bees to be certified must be selected by the committee or its agent in a manner prescribed by the committee. The sample must be analyzed for pathogens, parasites, predators, nest destroyers, and live larvae count. If certification standards are met, the sample must be certified.
(4) All bees to be certified may be stored in containers that can be officially sealed after sampling to maintain their certification identity.
(5) When the committee has in its possession a completed application form, an appropriate fee, and a report that the sample meets certification standards, it may issue a certificate for the bees.
(6) The committee shall by rule specify the date by which any applicant shall apply for recertification the following year.
History: En. Sec. 6, Ch. 331, L. 1981; amd. Sec. 3, Ch. 97, L. 1983; amd. Sec. 6, Ch. 310, L. 1987; amd. Sec. 5, Ch. 167, L. 1989; amd. Sec. 2594, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1106. Bee laboratory authorized

80-6-1106. Bee laboratory authorized.
The committee or its agent may develop and maintain a laboratory for the purpose of providing analytical services required to carry out the provisions of this part. The laboratory may be authorized by the committee to provide services to persons possessing any bees or equipment on a fee-for-service basis.
History: En. Sec. 7, Ch. 331, L. 1981; amd. Sec. 1, Ch. 51, L. 1985; amd. Sec. 7, Ch. 310, L. 1987; amd. Sec. 6, Ch. 167, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1107. Restrictions on importing bees

80-6-1107. Restrictions on importing bees.
Bees may not be imported except in loose cells or as adults. Bees may not be imported in a drilled board, soda straw, or other equipment that prevents adequate sampling of the bees.
History: En. Sec. 8, Ch. 331, L. 1981; amd. Sec. 4, Ch. 97, L. 1983; amd. Sec. 8, Ch. 310, L. 1987; amd. Sec. 7, Ch. 167, L. 1989; amd. Sec. 2, Ch. 57, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1108. Restrictions on rearing, moving, and trapping of bees and movement of equipment

80-6-1108. Restrictions on rearing, moving, and trapping of bees and movement of equipment.
(1) A person may not wild trap within 1 mile of registered bees without the written permission of the registrant.
(2) A person may not move any quarantined bee or equipment except by special permit issued by the committee.
(3) A person may not wild trap or attempt to wild trap bees unless that person has been issued a permit for that activity in accordance with rules adopted by the committee. The committee shall by rule establish the permit fee.
History: En. Sec. 9, Ch. 331, L. 1981; amd. Sec. 5, Ch. 97, L. 1983; amd. Sec. 9, Ch. 310, L. 1987; amd. Sec. 8, Ch. 167, L. 1989; amd. Sec. 3, Ch. 57, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1109. Fees to be set by rule -- account established

80-6-1109. Fees to be set by rule -- account established.
(1) Fees authorized to be charged by this part must be set by committee rule. The fees must be designed, when combined with other revenue sources available to the committee, to reimburse the committee for costs incurred in providing services and carrying out its duties under this part.
(2) There is an account in the state special revenue fund known as the leaf-cutting bee account for use by the committee. The account is made up of:
(a) fees collected under this part;
(b) money collected as part of the alfalfa seed assessment provided for in 80-11-307 and allocated to the account by the committee; and
(c) any grants, donations, or gifts made to the committee and designated by the committee for the purposes of this part.
(3) The committee may direct the board of investments to invest money from the account pursuant to the provisions of the unified investment program. The income from investments must be credited to the leaf-cutting bee account.
History: En. Sec. 10, Ch. 331, L. 1981; amd. Sec. 42, Ch. 281, L. 1983; amd. Sec. 10, Ch. 310, L. 1987; amd. Sec. 9, Ch. 167, L. 1989; amd. Sec. 23, Ch. 486, L. 2009; amd. Sec. 1, Ch. 102, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1110. Violation -- penalty

80-6-1110. Violation -- penalty.
A person who imports, possesses, controls, moves, or wild traps or attempts to import, possess, control, move, or wild trap any bee or equipment in violation of this part or who interferes with or attempts to interfere with the efforts of the committee or its agent to perform its duty under this part is guilty of a misdemeanor and upon conviction shall be fined not less than $300 or more than $500 for the first conviction and not less than $300 or more than $1,000 for each subsequent conviction.
History: En. Sec. 11, Ch. 331, L. 1981; amd. Sec. 10, Ch. 167, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1111. Alfalfa leaf-cutting bees -- registration

80-6-1111. Alfalfa leaf-cutting bees -- registration.
(1) A person may not possess or control alfalfa leaf-cutting bees in this state unless the bees are registered as provided in this section.
(2) To register bees, a person shall file a completed application form provided by the department, together with the registration fee set by rule. The applicant shall provide the following:
(a) the name and place of residence;
(b) the general location of bees to be registered; and
(c) other relevant information as may be required by committee rule.
(3) A registration is continuous until the registrant notifies the committee of cancellation.
History: En. Sec. 5, Ch. 310, L. 1987; amd. Sec. 11, Ch. 167, L. 1989; amd. Sec. 4, Ch. 57, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1112. Funding limitation

80-6-1112. Funding limitation.
(1) The committee shall expend only those funds deposited in the special revenue account provided for in 80-6-1109. In the event that funds are insufficient to finance the costs of services under this part, the committee may reduce services accordingly.
(2) The committee may contract lab services with a qualified person and charge growers at cost on a per-sample basis.
(3) The committee may levy a fee set by committee rule not to exceed 30 cents for each 3,000 holes of nesting material deeper than 3 1/2 inches for the purpose of administering this part and for the sampling and testing of bees. For nesting material 3 1/2 inches deep or less, the fee may not exceed 16 cents per 2,000 holes of nesting material.
(4) Fees must be based on all nesting materials that are in field use on July 15 of each year. Fees are due on November 1 of each year.
(5) The amount of fees paid must be credited against a grower's cost of sampling and certification.
(6) Certification fees for drilled boards or loose cells may not exceed committee cost.
History: En. Sec. 11, Ch. 310, L. 1987; amd. Sec. 12, Ch. 167, L. 1989; amd. Sec. 2, Ch. 102, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1113. Repealed

80-6-1113. Repealed.
Sec. 5, Ch. 57, L. 1995.
History: En. Sec. 13, Ch. 167, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1114. Repealed

80-6-1114. Repealed.
Sec. 5, Ch. 57, L. 1995.
History: En. Sec. 14, Ch. 167, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 11. Alfalfa Leaf-Cutting Bees › 80-6-1115. Repealed

80-6-1115. Repealed.
Sec. 5, Ch. 57, L. 1995.
History: En. Sec. 15, Ch. 167, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-101. Repealed

80-7-101. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. 3-1201.1 by Sec. 53, Ch. 218, L. 1974; amd. Sec. 1, Ch. 155, L. 1975; R.C.M. 1947, 3-1201.1.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-102. Repealed

80-7-102. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 1, Ch. 220, L. 1943; amd. Sec. 1, Ch. 121, L. 1963; amd. Sec. 63, Ch. 218, L. 1974; amd. Sec. 1, Ch. 151, L. 1975; R.C.M. 1947, 3-1212; amd. Sec. 3, Ch. 300, L. 1979; amd. Sec. 6, Ch. 620, L. 1987; amd. Sec. 1, Ch. 151, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-103. Repealed

80-7-103. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 2, Ch. 220, L. 1943; amd. Sec. 64, Ch. 218, L. 1974; R.C.M. 1947, 3-1213.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-105. Definitions

80-7-105. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Firm" means an individual, company, partnership, association, or corporation.
(2) "Landscape service" means a firm that buys, sells, or resells nursery stock.
(3) "Nursery" means the business or location where nursery stock is grown, offered for sale, or distributed.
(4) "Nursery stock" means botanically classified plants or parts of plants, including but not limited to tropical potted plants, aquatic plants, and turf or sod grass. Certain plants and plant materials intended for human or animal consumption and not intended for planting may not be considered nursery stock, including the following:
(a) commodity plants and their seeds;
(b) pasture grasses;
(c) cut plants not for propagation;
(d) fruits or vegetables for human or animal consumption;
(e) cut trees and products that are going to be processed to a point that they no longer represent a pest risk; and
(f) plant debris for disposal or processing.
(5) "Plant dealer" means a firm that buys plants or plant products from a producer for the purpose of offering the plants or plant products for sale or resale or as part of a landscape service.
(6) "Plant inspection certificate" means a document issued by the department or the plant pest regulatory agency of another state that declares that the nursery stock, plants, or plant material grown by the firm named on the certificate is apparently free of injurious plant pests.
(7) "Plant pest" means an insect, weed, fungus, virus, bacteria, or other organism that can directly or indirectly injure or cause damage in a plant or a product of a plant and that meets the criteria as a pest established by department rule. For purposes of this chapter, noxious weeds, as defined in 7-22-2101, or other exotic weeds are defined as plant pests.
History: En. Sec. 1, Ch. 551, L. 1993; amd. Sec. 20, Ch. 407, L. 2001; amd. Sec. 1, Ch. 384, L. 2007; amd. Sec. 2, Ch. 393, L. 2009; amd. Sec. 1, Ch. 389, L. 2017; amd. Sec. 6, Ch. 92, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-106. License required -- application and payment of license fee -- exemption

80-7-106. License required -- application and payment of license fee -- exemption.
(1) (a) Except as provided in subsection (1)(b), a firm, nursery, plant dealer, or landscape service engaging in the business of selling or distributing nursery stock in this state shall obtain a license from the department for each location.
(b) A firm, nursery, plant dealer, or landscape service is not required to obtain a license in Montana if the firm, nursery, plant dealer, or landscape service is licensed as a nursery in another state and the state in which the firm, nursery, plant dealer, or landscape service is licensed grants nonresident licenses to residents of this state on the same basis.
(2) The license must be in the name of the firm, nursery, plant dealer, or landscape service seeking the license and expires on the anniversary date established by rule by the board of review established in 30-16-302. The applicant shall provide information that the department finds necessary to carry out the provisions and purposes of this chapter and in the form determined by rule by the board of review established in 30-16-302.
(3) (a) The license fees for each location for a firm, nursery, or plant dealer are as follows:
Gross annual sales of nursery stock:
Fee range:
not more than $5,000
$25 to $35
$5,001 to $75,000
$135 to $185
$75,001 to $150,000
$200 to $250
$150,001 to $250,000
$300 to $350
Over $250,000
$400 to $450
(b) A landscape service shall pay a license fee of not less than $150 or more than $200. A landscape service that sells nursery stock shall pay a license fee for either a landscape service or a nursery, whichever is greater.
(c) A sod farmer shall pay a license fee of not less than $220 or more than $270.
(d) The department may adjust by rule a license fee within the fee range described in this subsection (3) to maintain funding for this part. When calculating a license fee, the department shall adjust gross sales down to the nearest dollar.
(4) A new applicant or a firm, nursery, plant dealer, or landscape service failing to renew a license for any location on or before the annual anniversary date provided for in subsection (2) shall pay an additional nonrefundable late fee of $25 for the license for the location.
(5) The fees required by this section may be paid by credit card.
History: En. Sec. 2, Ch. 551, L. 1993; amd. Sec. 1, Ch. 147, L. 1995; amd. Sec. 17, Ch. 366, L. 1997; amd. Sec. 7, Ch. 54, L. 1999; amd. Sec. 2, Ch. 384, L. 2007; amd. Sec. 2, Ch. 384, L. 2009; amd. Sec. 1, Ch. 393, L. 2009; amd. Sec. 1, Ch. 341, L. 2011; amd. Sec. 2, Ch. 389, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-107. Grounds for refusal or revocation of license

80-7-107. Grounds for refusal or revocation of license.
The department, in accordance with Title 2, chapter 4, may refuse to issue a license or it may revoke a license under this part when:
(1) the firm has been adjudged bankrupt, insolvent, or guilty of fraud or deceit by a court of competent jurisdiction; or
(2) a verified complaint is made to the department that a licensee has failed to comply with this part.
History: En. Sec. 3, Ch. 220, L. 1943; amd. Sec. 65, Ch. 218, L. 1974; R.C.M. 1947, 3-1214; amd. Sec. 9, Ch. 551, L. 1993; Sec. 80-7-104, MCA 1991; redes. 80-7-107 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-108. Nursery stock inspections

80-7-108. Nursery stock inspections.
The department:
(1) may enter the premises of a licensed firm, nursery, plant dealer, or landscape service during regular business hours for the purpose of inspecting nursery stock or other materials for possible plant pests or for determining licensure compliance; and
(2) shall, pursuant to rules promulgated by the department, determine the schedule, the need for inspections based on complaints received and the department's assessment of risk to the state from potential plant pests, and the expected amount of time for the inspections.
History: En. Sec. 3, Ch. 551, L. 1993; amd. Sec. 3, Ch. 384, L. 2007; amd. Sec. 3, Ch. 384, L. 2009; amd. Sec. 2, Ch. 341, L. 2011; amd. Sec. 3, Ch. 389, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-109. Duty to notify department of infestation

80-7-109. Duty to notify department of infestation.
A firm, nursery, plant dealer, or landscape service with nursery stock or other materials that are infected or infested with plant pests shall notify the department. The firm, nursery, plant dealer, or landscape service shall comply with the instructions of the department for the control of the plant pests.
History: En. Sec. 4, Ch. 551, L. 1993; amd. Sec. 4, Ch. 384, L. 2007; amd. Sec. 4, Ch. 384, L. 2009; amd. Sec. 4, Ch. 389, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-110. Removal of nursery stock -- assessment of costs

80-7-110. Removal of nursery stock -- assessment of costs.
If a firm, nursery, plant dealer, or landscape service that owns nursery stock or other materials infected or infested with any injurious plant pest fails to comply with the instructions of the department for the destruction or control of the injurious plant pest or the destruction of the infested or infected nursery stock or other material within the time specified by the department, the department may condemn, remove, or destroy the nursery stock or other material or treat it with a proper remedy at the expense of the owner.
History: En. Sec. 45, Ch. 216, L. 1921; re-en. Sec. 3617, R.C.M. 1921; re-en. Sec. 3617, R.C.M. 1935; amd. Sec. 1, Ch. 86, L. 1939; amd. Sec. 56, Ch. 218, L. 1974; R.C.M. 1947, 3-1204; amd. Sec. 22, Ch. 526, L. 1983 amd. Sec. 10, Ch. 551, L. 1993; Sec. 80-7-114, MCA 1991; redes. 80-7-110 by Code Commissioner, 1993; amd. Sec. 5, Ch. 384, L. 2007; amd. Sec. 5, Ch. 384, L. 2009; amd. Sec. 5, Ch. 389, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-111. Repealed

80-7-111. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 43, Ch. 216, L. 1921; re-en. Sec. 3614, R.C.M. 1921; re-en. Sec. 3614, R.C.M. 1935; amd. Sec. 1, Ch. 112, L. 1939; amd. Sec. 1, Ch. 89, L. 1945; amd. Sec. 52, Ch. 218, L. 1974; R.C.M. 1947, 3-1201.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-112. Repealed

80-7-112. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. 3-1201.2 by Sec. 1, Ch. 150, L. 1975; R.C.M. 1947, 3-1201.2.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-113. Repealed

80-7-113. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 1926, Rev. C. 1907 by Sec. 1, Ch. 121, L. 1911; re-en. Sec. 3616, R.C.M. 1921; re-en. Sec. 3616, R.C.M. 1935; amd. Sec. 55, Ch. 218, L. 1974; R.C.M. 1947, 3-1203.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-115. Repealed

80-7-115. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 46, Ch. 216, L. 1921; re-en. Sec. 3618, R.C.M. 1921; re-en. Sec. 3618, R.C.M. 1935; amd. Sec. 57, Ch. 218, L. 1974; R.C.M. 1947, 3-1205.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-116. Repealed

80-7-116. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 48, Ch. 215, L. 1921; re-en. Sec. 3620, R.C.M. 1921; re-en. Sec. 3620, R.C.M. 1935; Sec. 58, Ch. 218, L. 1974; R.C.M. 1947, 3-1206.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-117. Repealed

80-7-117. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 49, Ch. 216, L. 1921; re-en. Sec. 3621, R.C.M. 1921; re-en. Sec. 3621, R.C.M. 1935; amd. Sec. 59, Ch. 218, L. 1974; R.C.M. 1947, 3-1207.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-118. Repealed

80-7-118. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 1929, Rev. C. 1907 by Sec. 1, Ch. 121, L. 1911; re-en. Sec. 3623, R.C.M. 1921; re-en. Sec. 3623, R.C.M. 1935; amd. Sec. 60, Ch. 218, L. 1974; amd. Sec. 2, Ch. 155, L. 1975; R.C.M. 1947, 3-1209.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-119. Repealed

80-7-119. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 50, Ch. 216, L. 1921; re-en. Sec. 3624, R.C.M. 1921; re-en. Sec. 3624, R.C.M. 1935; amd. Sec. 61, Ch. 218, L. 1974; R.C.M. 1947, 3-1210.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-120. Repealed

80-7-120. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 5, Ch. 220, L. 1943; amd. Sec. 66, Ch. 218, L. 1974; R.C.M. 1947, 3-1216.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-121. Repealed

80-7-121. Repealed.
Sec. 7, Ch. 7, L. 1997.
History: En. Sec. 6, Ch. 551, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-122. Repealed

80-7-122. Repealed.
Sec. 10, Ch. 389, L. 2017.
History: En. Sec. 7, Ch. 551, L. 1993; amd. Sec. 6, Ch. 384, L. 2007; amd. Sec. 6, Ch. 384, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-123. Nursery account -- investment of funds

80-7-123. Nursery account -- investment of funds.
(1) There is an account in the state special revenue fund. All fee revenue and reimbursements for costs authorized under 80-7-106, 80-7-110, 80-7-135, and this section must be deposited in this account. Revenue in the account must be used for the purposes and provisions of this part.
(2) Revenue received under 80-7-106, 80-7-110, 80-7-135, and this section not immediately required for the purposes of 80-7-106, 80-7-110, 80-7-135, and this section must be invested in accordance with the unified investment program established in Title 17, chapter 6, part 2. Income from the investments must be deposited in the account.
History: En. Sec. 8, Ch. 551, L. 1993; amd. Sec. 5, Ch. 7, L. 1997; amd. Sec. 289, Ch. 42, L. 1997; amd. Sec. 7, Ch. 384, L. 2007; amd. Sec. 6, Ch. 389, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-131. Repealed

80-7-131. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 44, Ch. 216, L. 1921; re-en. Sec. 3615, R.C.M. 1921; re-en. Sec. 3615, R.C.M. 1935; amd. Sec. 54, Ch. 218, L. 1974; R.C.M. 1947, 3-1202.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-132. Cooperation -- agreements with other governmental agencies

80-7-132. Cooperation -- agreements with other governmental agencies.
The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose and provisions of this part.
History: En. 3-1219 by Sec. 1, Ch. 149, L. 1975; R.C.M. 1947, 3-1219.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-133. Acts made unlawful -- penalty

80-7-133. Acts made unlawful -- penalty.
(1) It is unlawful for a firm, nursery, plant dealer, or landscape service to:
(a) fail to properly identify nursery stock offered for sale. Identification must include but is not limited to the scientific name, common name, and variety, except with regard to mixed annual plantings. Each nursery plant offered for sale as a separate plant must be identified. A single means of identification is allowed on each bundle of bare root seedlings, liners, or hedging grade nursery stock.
(b) falsely represent or misrepresent the name, age, variety, or class of any nursery stock sold or offered for sale;
(c) falsely represent or state that any nursery stock offered for sale, sold, or delivered was grown in a certain location, when in fact the nursery stock was grown in another location;
(d) deceive or defraud any firm in the sale of any nursery stock by substituting inferior or different varieties or ages from those ordered;
(e) bring into this state, offer for sale or distribution within this state, or ship, sell, or deliver upon any sale any nursery stock that is infected or infested with a plant pest dangerous to the agricultural or horticultural interests of the state or that violates any federal or state quarantine; or
(f) sell or distribute nursery stock, cut decorative plants, or aquatic plants declared to be noxious weeds as defined in 7-22-2101.
(2) In case of misrepresentation, false representation, deceit, fraud, substitution, or sale and distribution of noxious weeds, the firm, nursery, plant dealer, or landscape service is subject to punishment as provided in 80-7-135 and is liable to a party damaged or injured to the extent of all damages sustained, which may be recovered in a civil action in any court of competent jurisdiction.
History: En. Sec. 4, Ch. 220, L. 1943; amd. Sec. 15, Ch. 13, L. 1977; R.C.M. 1947, 3-1215; amd. Sec. 11, Ch. 551, L. 1993; amd. Sec. 21, Ch. 407, L. 2001; amd. Sec. 8, Ch. 384, L. 2007; amd. Sec. 7, Ch. 384, L. 2009; amd. Sec. 7, Ch. 389, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-134. Repealed

80-7-134. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 51, Ch. 216, L. 1911; re-en. Sec. 3625, R.C.M. 1921; re-en. Sec. 3625, R.C.M. 1935; Sec. 3-1211, R.C.M. 1947; amd. and redes. 3-1218 by Sec. 62, Ch. 218, L. 1974; R.C.M. 1947, 3-1218.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 1. Control of Diseases and Insects in Nurseries › 80-7-135. Penalty for violation

80-7-135. Penalty for violation.
(1) A firm, nursery, plant dealer, or landscape service that violates or aids in the violation of a provision of this part or of the rules, orders, or quarantines of the department adopted under Title 2, chapter 4, and this part commits a civil offense and is subject to a civil penalty of not more than $1,000 for each violation.
(2) Assessment of a civil penalty may be made in conjunction with another warning, order, or administrative action authorized by this chapter. A civil penalty collected under this section must be deposited in the nursery account established in 80-7-123 for response activities of the department, education, training, research, and development for the nursery industry pursuant to rules established by the department.
(3) The department shall establish by rule:
(a) a penalty schedule that establishes the types of penalties and the amounts, not to exceed $1,000, for initial and subsequent offenses; and
(b) other matters necessary for the administration of civil penalties.
(4) Sections 80-7-105, 80-7-106, 80-7-108, 80-7-109, 80-7-123, and this section may not be construed as requiring the department or its agents to report violations of this part when the department believes that the public interest will be best served by a suitable notice of warning.
History: En. Sec. 5, Ch. 551, L. 1993; amd. Sec. 6, Ch. 7, L. 1997; amd. Sec. 9, Ch. 384, L. 2007; amd. Sec. 8, Ch. 384, L. 2009; amd. Sec. 8, Ch. 389, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-201. Repealed

80-7-201. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 39, Ch. 216, L. 1921; re-en. Sec. 3610, R.C.M. 1921; re-en. Sec. 3610, R.C.M. 1935; amd. Sec. 1, Ch. 29, L. 1963; amd. Sec. 49, Ch. 218, L. 1974; R.C.M. 1947, 3-1103.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-202. Repealed

80-7-202. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 40, Ch. 216, L. 1921; re-en. Sec. 3611, R.C.M. 1921; re-en. Sec. 3611, R.C.M. 1935; amd. Sec. 50, Ch. 218, L. 1974; R.C.M. 1947, 3-1104.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-203. Repealed

80-7-203. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 42, Ch. 216, L. 1921; re-en. Sec. 3613, R.C.M. 1921; re-en. Sec. 3613, R.C.M. 1935; amd. Sec. 51, Ch. 218, L. 1974; R.C.M. 1947, 3-1106.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-204. Repealed

80-7-204. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 1935, Rev. C. 1907 by Sec. 1, Ch. 121, L. 1911; amd. Sec. 1, Ch. 99, L. 1915; re-en. Sec. 3626, R.C.M. 1921; re-en. Sec. 3626, R.C.M. 1935; amd. Sec. 1, Ch. 90, L. 1939; amd. Sec. 67, Ch. 218, L. 1974; R.C.M. 1947, 3-1301.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-205. Repealed

80-7-205. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 52, Ch. 216, L. 1921; re-en. Sec. 3627, R.C.M. 1921; re-en. Sec. 3627, R.C.M. 1935; amd. Sec. 68, Ch. 218, L. 1974; R.C.M. 1947, 3-1302.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-206. Repealed

80-7-206. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: (1) thru (3)En. Sec. 53, Ch. 216, L. 1921; re-en. Sec. 3628, R.C.M. 1921; re-en. Sec. 3628, R.C.M. 1935; amd. Sec. 69, Ch. 218, L. 1974; Sec. 3-1303, R.C.M. 1947; (4)En. Sec. 54, Ch. 216, L. 1921; re-en. Sec. 3629, R.C.M. 1921; re-en. Sec. 3629, R.C.M. 1935; Sec. 3-1304, R.C.M. 1947; R.C.M. 1947, 3-1303, 3-1304; amd. Sec. 23, Ch. 526, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-207. Repealed

80-7-207. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 1, Ch. 61, L. 1913; re-en. Sec. 3631, R.C.M. 1921; re-en. Sec. 3631, R.C.M. 1935; amd. Sec. 71, Ch. 218, L. 1974; R.C.M. 1947, 3-1306.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-208. Repealed

80-7-208. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 2, Ch. 61, L. 1913; amd. Sec. 1, Ch. 89, L. 1921; re-en. Sec. 3632, R.C.M. 1921; re-en. Sec. 3632, R.C.M. 1935; R.C.M. 1947, 3-1307.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-209. Repealed

80-7-209. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 3, Ch. 61, L. 1913; re-en. Sec. 3633, R.C.M. 1921; re-en. Sec. 3633, R.C.M. 1935; amd. Sec. 72, Ch. 218, L. 1974; R.C.M. 1947, 3-1308.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 2. Fruit and Vegetable Pest and Disease Control (Repealed) › 80-7-210. Repealed

80-7-210. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. 3-1309 by Sec. 73, Ch. 218, L. 1974; R.C.M. 1947, 3-1309; amd. Sec. 188, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 3. Barberry Control (Repealed) › 80-7-301. Repealed

80-7-301. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: (1)En. Sec. 3, Ch. 40, L. 1919; re-en. Sec. 3605, R.C.M. 1921; re-en. Sec. 3605, R.C.M. 1935; Sec. 3-1003, R.C.M. 1947; (2)En. Sec. 4, Ch. 40, L. 1919; re-en. Sec. 3606, R.C.M. 1921; re-en. Sec. 3606, R.C.M. 1935; amd. Sec. 48, Ch. 218, L. 1974; Sec. 3-1004, R.C.M. 1947; R.C.M. 1947, 3-1003, 3-1004.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 3. Barberry Control (Repealed) › 80-7-302. Repealed

80-7-302. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 1, Ch. 40, L. 1919; re-en. Sec. 3603, R.C.M. 1921; re-en. Sec. 3603, R.C.M. 1935; R.C.M. 1947, 3-1001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 3. Barberry Control (Repealed) › 80-7-303. Repealed

80-7-303. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 2, Ch. 40, L. 1919; re-en. Sec. 3604, R.C.M. 1921; re-en. Sec. 3604, R.C.M. 1935; amd. Sec. 47, Ch. 218, L. 1974; R.C.M. 1947, 3-1002.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 3. Barberry Control (Repealed) › 80-7-304. Repealed

80-7-304. Repealed.
Sec. 12, Ch. 551, L. 1993.
History: En. Sec. 5, Ch. 40, L. 1919; re-en. Sec. 3607, R.C.M. 1921; re-en. Sec. 3607, R.C.M. 1935; R.C.M. 1947, 3-1005.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 4. Quarantine and Pest Management › 80-7-401. Short title

80-7-401. Short title.
This part may be cited as the "Montana Quarantine and Pest Management Act".
History: En. Sec. 1, Ch. 7, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 4. Quarantine and Pest Management › 80-7-402. Quarantines and pest management procedures -- department rules

80-7-402. Quarantines and pest management procedures -- department rules.
The department may adopt rules concerning:
(1) intrastate and interstate quarantines;
(2) procedures to investigate and enforce quarantines to prevent the introduction or spread of plant pests, plants capable of spreading plant pests, plants defined as noxious weeds in 7-22-2101, and other exotic plants defined by department rule as plant pests;
(3) pest management standards and procedures for surveying and controlling plant pests;
(4) procedures for the introduction of plant pests and biological control agents into the state; and
(5) procedures for the recovery of expenses and imposition of penalties.
History: En. Sec. 2, Ch. 7, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 4. Quarantine and Pest Management › 80-7-403. Receipt and deposit of gifts, grants, and other funds

80-7-403. Receipt and deposit of gifts, grants, and other funds.
(1) To fund the provisions of 80-7-402, the department may receive funds from any source as gifts, grants, contracts, cost-share funds, and other funds, including civil penalties and recovered expenses.
(2) Except for funds received in the form of civil penalties, funds received pursuant to this section must be deposited in the produce account established in 80-3-304. Funds received in the form of civil penalties must be deposited in the general fund.
History: En. Sec. 3, Ch. 7, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 4. Quarantine and Pest Management › 80-7-404. Penalty

80-7-404. Penalty.
(1) A person who violates the quarantines, procedures, or rules of the department adopted under 80-7-402 commits a civil offense and is subject to a civil penalty of not more than $5,000 for each violation.
(2) Assessment of a civil penalty may be made in conjunction with another warning, order, or administrative action authorized by this part. A civil penalty collected under this section must be deposited in the general fund.
(3) The department shall establish by rule:
(a) a penalty schedule that establishes the types of penalties and the amounts, not to exceed $5,000, for initial and subsequent offenses; and
(b) other matters necessary for the enforcement of civil penalties.
(4) This section may not be construed as requiring the department or its agents to report violations of 80-7-402 when the department believes that the public interest will be best served by a suitable notice of warning.
History: En. Sec. 4, Ch. 7, L. 1997; amd. Sec. 1, Ch. 303, L. 2011.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 5. Crop Insect Detection and Management › 80-7-501. Definitions

80-7-501. Definitions.
As used in this part, the following definitions apply:
(1) "Alternative control program" means a system of controlling insect pest populations through biological or other means not involving toxic chemicals.
(2) "Cropland" means land used for the production of food and forage, including the headlands, ditches, and rights-of-way adjacent to such land.
(3) "Cropland spraying program" means the application of chemical or other substances to croplands for the purpose of preventing or destroying insect pests.
(4) "Emergency" means a serious insect pest infestation that meets the conditions of 10-3-311.
(5) "Infestation" means that a pest exists in such numbers, under certain conditions, and at certain times as to destroy or substantially damage or threaten to destroy livestock or other agricultural crops.
(6) "Insect pest" includes the grasshopper, cutworm, pale western cutworm, armyworm, chinch bug, and any other insect or arthropod generally recognized as a destroyer of grain, hay, range, and horticulture crops.
History: En. 3-3501 by Sec. 1, Ch. 433, L. 1975; amd. Sec. 27, Ch. 13, L. 1977; amd. Sec. 1, Ch. 362, L. 1977; R.C.M. 1947, 3-3501(1) thru (4), (6), (7).