reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 11. Montana Hemp › 80-11-1101. Hemp certification program -- plan -- department authority -- rulemaking

80-11-1101. Hemp certification program -- plan -- department authority -- rulemaking.
(1) (a) The department may develop a state hemp certification program plan.
(b) If developed, the plan must conform with applicable federal standards and industry best practices.
(c) If a hemp commodity advisory committee is formed in accordance with 80-11-510, the department shall request the committee's input in developing the plan.
(2) The department may implement a state hemp certification program in accordance with chapter 18, this section, and rules adopted by the department in accordance with subsection (5) of this section.
(3) (a) A state hemp certification program must ensure that a product sold or labeled as Montana hemp:
(i) is grown under a valid state license and in accordance with chapter 18; and
(ii) undergoes laboratory testing protocols to meet applicable state and federal food safety and product labeling laws.
(b) A state hemp certification program may contain requirements that are more stringent than those contained in federal law or regulation.
(4) After establishment of a state hemp certification program, the department shall include the promotion of Montana-certified hemp in its agricultural product marketing programs.
(5) If the department establishes a state hemp certification program, the department shall adopt rules necessary to implement the program. The rules may include but are not limited to:
(a) provisions for the operation of a state hemp certification program by the department;
(b) fees to be paid by applicable entities commensurate to the costs of operating a state hemp certification program;
(c) penalties and enforcement provisions for a state hemp certification program; and
(d) additional requirements necessary for administering a state hemp certification program.
History: En. Sec. 1, Ch. 288, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 1. General › 80-12-102. Definitions

80-12-102. Definitions.
(1) As used in this chapter, the following definitions apply:
(a) "Agricultural land" means land actively devoted to agricultural use as defined in 15-7-202.
(b) "Authority" means the department of agriculture provided for in 2-15-3001.
(c) "Bonds" means bonds or bond anticipation notes issued by the authority under the provisions of this chapter.
(2) References to the authority's property, revenues, or assets apply only to property, revenues, and assets generated by the Montana agricultural loan authority program, not those owned or generated by any other program or property over which the authority exercises general authority, direction, and control.
History: En. Sec. 3, Ch. 580, L. 1983; amd. Sec. 4, Ch. 168, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 1. General › 80-12-103. Agricultural loan authority -- general powers

80-12-103. Agricultural loan authority -- general powers.
The authority may:
(1) retain professional consultants and advisers;
(2) adopt rules governing its procedures;
(3) purchase agricultural loans made by financial institutions;
(4) issue bonds, in accordance with 80-12-301, necessary to provide funds for implementing this chapter;
(5) invest any funds generated by sale of bonds in the permissible investments outlined in 17-6-211 until such time as the funds are needed for any of the authority's other functions;
(6) procure insurance or guaranties in amounts and in the form the authority considers desirable or necessary, from any party, including a governmental agency, against any loss in connection with its loan agreements; and
(7) use the assistance and services of the farmers home administration, the production credit association, the federal land bank, or private lenders in approving loans for issuance of bonds.
History: En. Sec. 4, Ch. 580, L. 1983; amd. Sec. 1, Ch. 448, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 1. General › 80-12-104. Powers to be interpreted broadly

80-12-104. Powers to be interpreted broadly.
The powers enumerated in this chapter must be interpreted broadly to effectuate the purposes of the authority and may not be construed as a limitation of powers.
History: En. Sec. 27, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 2. Loans › 80-12-201. Loan agreements -- general provisions

80-12-201. Loan agreements -- general provisions.
(1) Each loan approved by the authority for issuance of a bond must include a loan agreement providing a payment schedule that may not exceed 30 years.
(2) The agreement must specify a reasonable rate of interest, which rate may be a variable rate provided the method of determination is contained in the loan agreement.
(3) Loans approved by the authority for issuance of a bond may be secured by any liens or collateral the financial institution considers necessary.
(4) The money received under a loan agreement may be used for:
(a) acquisition of farm or ranch land;
(b) a downpayment on the acquisition of farm or ranch land;
(c) acquisition or construction of depreciable property used in the operation of a farm or ranch; or
(d) production of energy using an alternative renewable energy source as defined in 15-6-225.
History: En. Sec. 5, Ch. 580, L. 1983; amd. Sec. 23, Ch. 591, L. 2001; amd. Sec. 11, Ch. 405, L. 2003.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 2. Loans › 80-12-202. Immediate repayment

80-12-202. Immediate repayment.
If an applicant who has obtained the approval of the authority for the issuance of a bond to fund the applicant's loan for the acquisition of farm or ranch land sells the land for which the loan was made to any person, firm, or corporation other than the applicant's spouse, children, or corporation wholly owned by them, the loan must be repaid in full.
History: En. Sec. 6, Ch. 580, L. 1983; amd. Sec. 2618, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 2. Loans › 80-12-203. Qualifications of applicants

80-12-203. Qualifications of applicants.
(1) To be eligible for a loan approved by the authority for issuance of a bond, an applicant:
(a) shall declare the intention to maintain the applicant's residence in Montana during the length of the loan;
(b) must have been approved by a financial institution; and
(c) must have a net worth not to exceed $450,000.
(2) Applications for loans to be approved by the authority for issuance of bonds may be submitted by individuals, partnerships, associations, or joint ventures. All persons involved in the application must meet the requirements of subsection (1). Corporations may not apply.
History: En. Sec. 7, Ch. 580, L. 1983; amd. Sec. 1, Ch. 542, L. 1985; amd. Sec. 214, Ch. 368, L. 1991; amd. Sec. 1, Ch. 18, L. 2009; amd. Sec. 2619, Ch. 56, L. 2009; amd. Sec. 267, Ch. 271, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 2. Loans › 80-12-204. Evaluation of applicants

80-12-204. Evaluation of applicants.
(1) The authority shall by rule establish:
(a) procedures and standards for evaluating applications for loans to be approved by the authority for issuance of bonds; and
(b) a system for evaluating the applicants, considering the following criteria:
(i) the applicant's net worth;
(ii) the applicant's access to livestock and machinery;
(iii) the applicant's training and experience in agriculture;
(iv) the applicant's prospects for succeeding in an agricultural operation on the land proposed for purchase; and
(v) any other factors it may prescribe.
(2) The authority shall select the best qualified and most deserving applicants from among those applying for approval of loans for issuance of bonds.
(3) The authority may seek the advice of such lenders as the farmers home administration, the production credit association, the federal land bank, private lenders, or similar organizations in Montana and coordinate its program through these organizations.
History: En. Sec. 8, Ch. 580, L. 1983; amd. Sec. 2, Ch. 542, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 2. Loans › 80-12-205. Purchase of loans

80-12-205. Purchase of loans.
The authority may purchase loans and make advance commitments to purchase loans from a financial institution at prices and upon terms and conditions established pursuant to 80-12-201 through 80-12-204 and rules promulgated by the authority.
History: En. Sec. 9, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 2. Loans › 80-12-211. Income tax deduction for land sale to beginning farmers

80-12-211. Income tax deduction for land sale to beginning farmers.
A landowner who sells land consisting of 80 acres or more to a beginning farmer at 9% or less interest on a long-term contract is entitled to a reduction in the landowner's taxable income in an amount equal to 100% of any income or capital gain, or both, realized and otherwise subject to state income taxes from the sale, up to a maximum of $50,000, if the transaction is approved by the authority for this purpose.
History: En. Sec. 23, Ch. 580, L. 1983; amd. Sec. 4, Ch. 542, L. 1985; amd. Sec. 2620, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 2. Loans › 80-12-216. Agricultural loan guaranty fund

80-12-216. Agricultural loan guaranty fund.
(1) The authority shall create an agricultural loan guaranty fund. The fund must be held by a trustee or other fiduciary designated by the authority. There must be deposited into the fund amounts, insurance fees, premiums, and such other revenues and assets as the authority considers necessary to comply with any contract or agreement entered into by the authority under this chapter. The authority may borrow from and deposit in the agricultural loan guaranty fund up to $20,000,000 from any available state fund, including funds of the Montana board of housing.
(2) The amounts in the fund must be used to satisfy any claim resulting from a defaulted loan or other credit agreement. The amounts in the fund may also be used for any other purpose prescribed by the authority in accordance with guaranty contracts with financial institutions entered into pursuant to this chapter, including without limitation the protection of the interest of the authority in loans during periods of delinquency or upon default.
(3) The minimum reserve requirement for the agricultural loan guaranty fund must be such amount as may be provided in an agreement, resolution, or indenture with the holders of bonds issued under this chapter, but not in excess of the aggregate annual payments due under the loans or other credit agreements guaranteed by the authority. No loan or other credit agreement may be guaranteed by the authority if the amount of money available in the agricultural loan guaranty fund would be less than the minimum reserve requirement.
(4) In order to assure the maintenance of the agricultural loan guaranty fund, the authority shall, on or before September 1 in each year preceding the convening of the legislature, deliver to the governor a certificate stating the sum, if any, required to restore the agricultural loan guaranty fund to the minimum reserve requirement. The governor shall include in the executive budget submitted to the legislature the sum required to restore the agricultural loan guaranty fund to the minimum reserve requirement. Nothing contained herein shall obligate the legislature to make an appropriation for this purpose.
(5) All amounts remitted to the authority under this section constitute loans to the authority and must be repaid to the state treasury without interest from available operating revenues of the authority in excess of amounts required for the guarantee of loans.
History: En. Sec. 3, Ch. 448, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-301. Issuance of bonds -- credit of the state not pledged

80-12-301. Issuance of bonds -- credit of the state not pledged.
(1) The authority may issue bonds of the state of Montana in a principal amount it determines necessary to provide sufficient funds for achieving any of the purposes of the Montana agricultural loan authority program, including the payment of interest on bonds, establishment of reserves to secure the bonds, and all other expenditures of the authority incident to the program.
(2) Each issue of its bonds is an obligation of the authority, payable out of any revenues, assets, or money generated by the Montana agricultural loan authority program. The authority shall manage its loans so that the bonds are repaid by the revenue generated by the program. The full faith and credit and taxing powers of the state are not pledged for the payment of bonds issued by the authority under the provisions of this chapter.
(3) The bonds must be authorized by resolution of the authority, bear a date, and mature at times the authority determines. A bond may not mature more than 60 years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The bonds of the authority may be sold at public or private sale, at prices determined by the authority.
(4) The resolution shall specify:
(a) the rate of interest of the bonds;
(b) the denomination of the bonds;
(c) whether the bonds shall be in coupon or registered form and registration privileges, if any;
(d) the manner and place of execution;
(e) the manner, place, and medium of payment; and
(f) the terms of redemption.
(5) The total amount of bonds outstanding at any one time may not exceed $40 million.
History: En. Sec. 10, Ch. 580, L. 1983; amd. Sec. 3, Ch. 542, L. 1985.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-302. Provisions of bond resolutions or trust indentures

80-12-302. Provisions of bond resolutions or trust indentures.
A resolution or trust indenture authorizing any bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:
(1) pledging all or any part of the revenues or the property of the authority to secure the payment of the bonds or any issue thereof, subject to existing agreements with bondholders;
(2) pledging all or any part of the assets of the authority, including mortgages and obligations securing them, to secure the payment of the bonds;
(3) specifying the use and disposition of the gross income from mortgages owned by the authority and payment of principal of mortgages owned by the authority;
(4) the setting aside of reserves or sinking funds in the hands of trustees, paying agents, or other depositories and the regulation and disposition of the reserves;
(5) limiting the purpose to which the proceeds of the sale of the bonds may be applied and the pledge of the proceeds to secure the payment of the bonds or of any issue thereof;
(6) limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds;
(7) specifying the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;
(8) limiting the amount of money to be expended by the authority for its operating expenses;
(9) vesting in a trustee, as the authority determines, property, rights, powers, and duties in trust;
(10) defining the acts or failures to act that will constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies, consistent with the laws of the state and the provisions of this chapter, of the bondholders if a default occurs, including as a matter of right the appointment of a receiver; and
(11) specifying any other matters that in any way affect the security or protection of the bondholders.
History: En. Sec. 11, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-303. Trust indenture

80-12-303. Trust indenture.
In the discretion of the authority, the bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be a trust company or bank having the power of a trust company within or without the state.
History: En. Sec. 15, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-304. Negotiability of bonds

80-12-304. Negotiability of bonds.
Bonds issued by the authority are negotiable instruments under the Uniform Commercial Code, subject only to the provisions for registration of bonds.
History: En. Sec. 16, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-305. Tax exemption of bonds

80-12-305. Tax exemption of bonds.
Bonds issued by the authority under this chapter and their transfer and income, including any profits made on their sale, are exempt from taxation by the state or any political subdivision or other instrumentality of the state, except for estate taxes. The authority is not required to pay recording or transfer fees or taxes on instruments recorded by it.
History: En. Sec. 22, Ch. 580, L. 1983; amd. Sec. 33, Ch. 9, Sp. L. May 2000.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-306. Purchase of bonds -- cancellation

80-12-306. Purchase of bonds -- cancellation.
The authority, subject to existing agreements with bondholders, may from any funds available for that purpose purchase bonds of the authority, which shall thereupon be canceled, at a price not exceeding:
(1) the current redemption price plus accrued interest to the next interest payment thereon, if the bonds are then redeemable; or
(2) the redemption price applicable on the first date after purchase upon which the bonds become subject to redemption plus accrued interest to that date, if the bonds are not then redeemable.
History: En. Sec. 14, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-307. Pledge against impairment of contracts

80-12-307. Pledge against impairment of contracts.
In accordance with the constitutions of the United States and the state of Montana, the state pledges that it will in no way impair the obligations of any agreement between the authority and the holders of notes and bonds issued by the authority.
History: En. Sec. 24, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-308. Validity of pledge

80-12-308. Validity of pledge.
A pledge made by the authority is valid and binding from the time the pledge is made. The revenues or property pledged and thereafter received by the authority is immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. The resolution, trust indenture, or any other instrument by which a pledge is created need not be recorded.
History: En. Sec. 12, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-310. Continuing validity of authority members' signatures

80-12-310. Continuing validity of authority members' signatures.
If an authority member whose signature appears on bonds or coupons ceases to be a member before the delivery of the bonds, the signature continues to be valid and sufficient for all purposes.
History: En. Sec. 17, Ch. 580, L. 1983; amd. Sec. 2621, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-311. Accounts of the authority

80-12-311. Accounts of the authority.
There is an agricultural loan authority enterprise fund in the enterprise fund type provided for in 17-2-102. All funds from the proceeds of bonds issued under this chapter, fees and other money received by the authority, money appropriated by the legislature for the use of the authority in administering this chapter, and money made available from any other source for the use of the authority must be deposited in the agricultural loan authority enterprise fund except as otherwise provided by law. All funds deposited in the agricultural loan authority enterprise fund are continuously appropriated to and may be expended by the authority for the purposes authorized in this chapter.
History: En. Sec. 18, Ch. 580, L. 1983; amd. Sec. 48, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-312. Reserve funds and appropriations

80-12-312. Reserve funds and appropriations.
(1) The authority shall pay into one or more capital reserve accounts any:
(a) money appropriated and made available by the state for the purpose of the fund;
(b) proceeds of sale of bonds to the extent provided in the resolutions of the authority authorizing their issuance or in any trust indenture securing their repayment; and
(c) other money that may be available to the authority for the purpose of such a fund from any other source.
(2) All amounts held in a capital reserve account must be used solely for the payment of principal, interest, and a redemption premium with respect to bonds secured in whole or in part by the account. Funds in an account may not be withdrawn at any time in an amount that reduces the amount of the account to less than the minimum capital reserve requirement established for the account except for the purpose, with respect to bonds secured in whole or in part by the account, of making payment, when due, of principal, interest, or redemption premiums for the payment of which other money pledged is not available.
History: En. Sec. 19, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-313. Refunding obligations -- sale

80-12-313. Refunding obligations -- sale.
Refunding obligations issued as provided in 90-6-121 may be sold or exchanged for outstanding obligations issued under this chapter. The proceeds may be applied to the purchase, redemption, or payment of outstanding obligations. Pending the application of the proceeds to the payment of outstanding obligations, the proceeds may be invested as provided in Title 17, chapter 6, if permitted in the resolution authorizing the issuance of the refunding obligations or in the trust agreement securing them.
History: En. Sec. 20, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 3. Bonds › 80-12-314. Refunding obligations -- issuance

80-12-314. Refunding obligations -- issuance.
The authority may provide for the issuance of refunding obligations to refund any obligations then outstanding that have been issued under this chapter, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the obligations. The issuance of obligations, the maturities and other details, the rights of the holders, and the rights, duties, and obligations of the authority are governed by the appropriate provisions of this chapter that relate to the issuance of obligations.
History: En. Sec. 21, Ch. 580, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 12. Montana Agricultural Loan Authority Act › Part 4. Oversight (Repealed) › 80-12-402. Repealed

80-12-402. Repealed.
Sec. 56, Ch. 349, L. 1993.
History: En. Sec. 26, Ch. 580, L. 1983; amd. Sec. 55, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 1. General Provisions (Repealed) › 80-13-101. Repealed

80-13-101. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 1, Ch. 9, Sp. L. March 1986; amd. Sec. 1, Ch. 605, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 1. General Provisions (Repealed) › 80-13-102. Repealed

80-13-102. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 2, Ch. 9, Sp. L. March 1986; amd. Sec. 1, Ch. 481, L. 1987; amd. Sec. 2, Ch. 605, L. 1987; amd. Sec. 1, Ch. 269, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 1. General Provisions (Repealed) › 80-13-103. Repealed

80-13-103. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 3, Ch. 9, Sp. L. March 1986; amd. Sec. 3, Ch. 605, L. 1987; amd. Sec. 2, Ch. 269, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 1. General Provisions (Repealed) › 80-13-104. Repealed

80-13-104. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 4, Ch. 9, Sp. L. March 1986; amd. Sec. 4, Ch. 605, L. 1987; (4)En. Sec. 6, Ch. 605, L. 1987; amd. Sec. 3, Ch. 269, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 1. General Provisions (Repealed) › 80-13-111. Repealed

80-13-111. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 5, Ch. 9, Sp. L. March 1986; amd. Sec. 5, Ch. 605, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-201. Repealed

80-13-201. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 6, Ch. 9, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-202. Repealed

80-13-202. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 7, Ch. 9, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-203. Repealed

80-13-203. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 8, Ch. 9, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-204. Repealed

80-13-204. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 9, Ch. 9, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-211. Repealed

80-13-211. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 10, Ch. 9, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-212. Repealed

80-13-212. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 11, Ch. 9, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-213. Repealed

80-13-213. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 12, Ch. 9, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 13. Agricultural Assistance and Counseling Program (Repealed) › Part 2. Mediation of Farmer's Indebtedness (Repealed) › 80-13-214. Repealed

80-13-214. Repealed.
Secs. 5, 8, Ch. 269, L. 1989; sec. 1, Ch. 190, L. 1991.
History: En. Sec. 2, Ch. 481, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 1. General Provisions (Terminated) › 80-14-101. Terminated

80-14-101. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 1, Ch. 5, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 1. General Provisions (Terminated) › 80-14-102. Terminated

80-14-102. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 2, Ch. 5, Sp. L. March 1986; amd. Sec. 1, Ch. 57, L. 1987; amd. Sec. 14, Ch. 581, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 1. General Provisions (Terminated) › 80-14-103. Terminated

80-14-103. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 3, Ch. 5, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 2. Loans (Terminated) › 80-14-201. Terminated

80-14-201. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 4, Ch. 5, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 2. Loans (Terminated) › 80-14-202. Terminated

80-14-202. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 5, Ch. 5, Sp. L. March 1986; amd. Sec. 2, Ch. 57, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 2. Loans (Terminated) › 80-14-203. Terminated

80-14-203. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 6, Ch. 5, Sp. L. March 1986; amd. Sec. 3, Ch. 57, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 2. Loans (Terminated) › 80-14-204. Terminated

80-14-204. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 7, Ch. 5, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 14. Production Loan Linked Deposit Program (Terminated) › Part 2. Loans (Terminated) › 80-14-205. Terminated

80-14-205. Terminated.
Sec. 5, Ch. 57, L. 1987.
History: En. Sec. 8, Ch. 5, Sp. L. March 1986.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 1. General Provisions › 80-15-103. Policy

80-15-103. Policy.
It is the public policy of this state to:
(1) protect ground water and the environment from impairment or degradation due to the use of agricultural chemicals;
(2) allow for the proper and correct use of agricultural chemicals;
(3) provide for the management of agricultural chemicals to prevent, minimize, and mitigate their presence in ground water; and
(4) provide for education and training of agricultural chemical applicators and the general public on ground water protection, agricultural chemical use, and the use of alternative agricultural methods.
History: En. Sec. 3, Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 1. General Provisions › 80-15-104. Administration

80-15-104. Administration.
(1) The department and the department of environmental quality shall administer this chapter.
(2) The department of environmental quality is responsible for the establishment and enforcement of agricultural chemical ground water standards and interim numerical standards as authorized by 80-15-201, ground water monitoring as authorized by 80-15-202 and 80-15-203, providing comments to the department during the development of agricultural chemical ground water management plans, promoting research as set forth in 80-15-107, and related responsibilities set forth in Title 75, chapter 5.
(3) The department is responsible for the preparation, implementation, and enforcement of agricultural chemical ground water management plans as authorized by 80-15-211 through 80-15-218, 80-15-401 through 80-15-405, and 80-15-411 through 80-15-414, public education as authorized by 80-15-106, ground water monitoring as authorized by 80-15-202 and 80-15-203, other duties related to promoting research as set forth in 80-15-107, and related responsibilities set forth in Title 80, chapters 8 and 10.
(4) This chapter does not limit the department's responsibility to enforce agricultural chemical label directions and prohibitions.
(5) The administration of this chapter, including rulemaking and hearing functions authorized by this chapter, must be conducted in accordance with the Montana Administrative Procedure Act, Title 2, chapter 4.
History: En. Sec. 4, Ch. 668, L. 1989; amd. Sec. 332, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 1. General Provisions › 80-15-105. Rulemaking

80-15-105. Rulemaking.
(1) The department of environmental quality, subject to the provisions of 80-15-110, shall adopt rules for the administration of this chapter for which the department of environmental quality has responsibility. These rules must include but are not limited to:
(a) standards and interim numerical standards for agricultural chemicals in ground water as authorized by 80-15-201;
(b) procedures for ground water monitoring as authorized by 80-15-202 and 80-15-203;
(c) field and laboratory operational quality assurance, quality control, and confirmatory procedures that are authorized by 80-15-107, 80-15-202, and 80-15-203 and that may include, through adoption by reference, procedures that have been established or approved by EPA for quality assurance and quality control;
(d) standards for maintaining the confidentiality of data and information declared confidential by EPA and the confidentiality of chemical registrant data and information protected from disclosure by federal or state law as required by 80-15-108; and
(e) administrative civil penalties as authorized by 80-15-412.
(2) The department shall adopt rules necessary to carry out its responsibilities under this chapter. These rules must include but are not limited to:
(a) procedures for ground water monitoring as authorized by 80-15-202 and 80-15-203;
(b) the content and procedures for development of agricultural chemical ground water management plans, including the content of best management practices and best management plans, procedures for obtaining comments from the department of environmental quality on the plans, and the adoption of completed plans and plan modifications as authorized by 80-15-211 through 80-15-218;
(c) standards for maintaining the confidentiality of data and information declared confidential by EPA and of chemical registrant data and information protected from disclosure by federal or state law as required by 80-15-108;
(d) field and laboratory operational quality assurance, quality control, and confirmatory procedures that are authorized by 80-15-107, 80-15-202, and 80-15-203 and that may include, through adoption by reference, procedures that have been established or approved by EPA for quality assurance and quality control;
(e) emergency procedures as authorized by 80-15-405;
(f) procedures for issuance of compliance orders as authorized by 80-15-403; and
(g) procedures for the assessment of administrative civil penalties as authorized by 80-15-412.
History: En. Sec. 5, Ch. 668, L. 1989; amd. Sec. 333, Ch. 418, L. 1995; amd. Sec. 20, Ch. 471, L. 1995; amd. Sec. 79, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 1. General Provisions › 80-15-106. Educational programs

80-15-106. Educational programs.
(1) The department, in cooperation with the Montana state university-Bozeman extension service, shall develop and conduct appropriate educational programs to promote the policy specified in 80-15-103. The department and the Montana state university-Bozeman extension service may charge a fee for the educational programs, commensurate with the costs of program development and administration.
(2) All fees collected by the department pursuant to this section must be deposited in the state special revenue fund. The department may spend the funds for the purposes set forth in this section.
(3) All fees collected by the Montana state university-Bozeman extension service must be deposited in a special account identified for this purpose. The extension service may spend the funds for the purposes set forth in this section.
History: En. Sec. 6, Ch. 668, L. 1989; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 1. General Provisions › 80-15-107. Research

80-15-107. Research.
The department or the department of environmental quality shall promote, for the purposes described in 80-15-103, cooperative ground water research programs with units of the university system and associated agricultural experiment stations, the bureau of mines and geology, and other appropriate agencies, organizations, and individuals.
History: En. Sec. 7, Ch. 668, L. 1989; amd. Sec. 334, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 1. General Provisions › 80-15-108. Confidentiality

80-15-108. Confidentiality.
(1) The department and the department of environmental quality shall maintain the confidentiality of data declared confidential by EPA and chemical registrant data and information protected from disclosure by federal or state law.
(2) The department of environmental quality shall comply with the requirements of 75-5-105 and the department shall comply with the requirements of 80-8-107 and 80-10-210, except as otherwise provided by this section.
History: En. Sec. 8, Ch. 668, L. 1989; amd. Sec. 335, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 1. General Provisions › 80-15-110. State regulations no more stringent than federal regulations or guidelines

80-15-110. State regulations no more stringent than federal regulations or guidelines.
(1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department of environmental quality may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department of environmental quality may incorporate by reference comparable federal regulations or guidelines.
(2) The department of environmental quality may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if it makes a written finding after a public hearing and public comment and based on evidence in the record that:
(a) the proposed state standard or requirement protects public health or the environment of the state; and
(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.
(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.
(4) (a) A person affected by a rule of the board adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the board to review the rule. If the board determines that the rule is more stringent than comparable federal regulations or guidelines, the department of environmental quality shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The board may charge a petition filing fee in an amount not to exceed $250.
(b) A person may also petition the board for a rule review under subsection (4)(a) if the board adopted a rule after January 1, 1990, and before July 1, 2021, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted board rule.
(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).
History: En. Sec. 1, Ch. 471, L. 1995; amd. Sec. 80, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-202. Monitoring programs

80-15-202. Monitoring programs.
(1) The department or the department of environmental quality shall conduct monitoring programs to determine:
(a) whether residues of agricultural chemicals are present in ground water; and
(b) the likelihood of an agricultural chemical to enter ground water, if either department determines that sufficient valid scientific data is available to reasonably predict the behavior of a particular agricultural chemical in the soil.
(2) The department and the department of environmental quality shall evaluate all information relating to this section that is received from any person, based upon standard procedures, protocols, and confirmatory procedures established by rule. Information found to be insufficient based on the adopted procedures and protocols, including analytical results, may be used only for informational purposes.
History: En. Sec. 10, Ch. 668, L. 1989; amd. Sec. 5, Ch. 189, L. 1995; amd. Sec. 337, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-203. Evaluation and use of monitoring results

80-15-203. Evaluation and use of monitoring results.
(1) When providing preliminary monitoring results or confirmed monitoring results to ground water users or the public, the department and the department of environmental quality shall also provide any applicable standard or interim numerical standard.
(2) When monitoring results reveal the presence of an agricultural chemical in ground water:
(a) the department of environmental quality is the lead department for determining health risks; and
(b) the department is the lead department for determining compliance with agricultural chemical ground water management plans authorized by 80-15-211 through 80-15-218 and with agricultural chemical registration, use, and labeling requirements and conditions pursuant to Title 80, chapters 8 and 10.
(3) The department and the department of environmental quality shall cooperatively evaluate the results of monitoring programs authorized by 80-15-202.
(4) Based on the results of monitoring, the department and the department of environmental quality shall implement appropriate actions specified in this chapter to mitigate any existing impacts of an agricultural chemical found in ground water and to prevent future impacts of an agricultural chemical that may be found in ground water, in relation to human health, agriculture, and the environment.
(5) The department may not undertake compliance and enforcement actions authorized by this chapter and the department of environmental quality may not undertake compliance and enforcement actions authorized by Title 75, chapter 5, unless there is sufficient evidence collected through:
(a) monitoring at a point of standards application that reveals that a person using an agricultural chemical or introducing or discharging the chemical into ground water has violated a provision of 80-15-402 or Title 75, chapter 5;
(b) other investigations that reveal that a person using an agricultural chemical or introducing or discharging the chemical into ground water has violated a provision of 80-15-402 or Title 75, chapter 5; or
(c) monitoring that reveals a significant probability for an agricultural chemical to enter ground water.
History: En. Sec. 11, Ch. 668, L. 1989; amd. Sec. 338, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-211. General agricultural chemical ground water management plan

80-15-211. General agricultural chemical ground water management plan.
The department shall develop and implement a general state agricultural chemical ground water management plan to achieve the policies of 80-15-103. This plan must include general program elements set forth in this chapter and best management plans and best management practices. Prior to publication of the plan, the department shall provide a 30-day period for the department of environmental quality to prepare and submit comments on the plan.
History: En. Sec. 12(1), Ch. 668, L. 1989; amd. Sec. 339, Ch. 418, L. 1995.