Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.13 - Quarantines and Pest Management Standards › Rule 4.12.1307 - VIOLATIONS AND PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) Violation Schedule
1st Offense
Subsequent Offense
(a) Selling, distributing, propagating, rearing,
							 planting, releasing, moving, or transporting a regulated article without a
							 permit or compliance agreement.
$2,500
$5,000
(b) Knowingly bringing plants, plant matter,
							 propagative plant parts, plant products, or any associated material into the
							 state that is diseased, infected, or infested whether it is quarantined or
							 not.
$2,500
$5,000
(c) Bringing a quarantined regulated article into the
							 state without a required permit.
$2,500
$5,000
(d) Failure to obtain a permit.
$1,000
$5,000
(e) Failure to have a required permit or other
							 required document with a quarantined item.
$1,000
$5,000
(f) Failure to provide required notification.
$1,000
$5,000
(g) Failure to follow any required safeguard not
							 resulting in harm.
$1,000
$5,000
(h) Failure to follow any required safeguard that
							 resulted in harm.
$2,500
$5,000
(i) Failure to keep required records.
$1,000
$5,000
(j) Failure to release or allow access to records
							 pertaining to a quarantine, order, permit, or compliance agreement.
$2,500
$5,000
(k) Falsifying any record or document related to a
							 quarantine, order, permit, or compliance agreement, including, but not limited
							 to all sales, handling, shipping, transporting, importing, and exporting and
							 any invoice, bill of lading, permit, seal, or certificate.
$2,500
$5,000
(l) Interfering with or preventing an inspection or
							 investigation.
$2,500
$5,000
(m) Failure to be in compliance with a quarantine
							 requirement.
$2,500
$5,000
(n) Noncompliance with any state or federal
							 quarantine, order, permit condition or requirement, or compliance agreement
							 that did not cause harm.
$2,500
$5,000
(o) Noncompliance with any state or federal quarantine,
							 order, permit condition or requirement, or compliance agreement that caused
							 harm.
$5,000
$5,000
(p) Any other violation of the Quarantine Act or these
							 rules that did not cause harm.
$2,500
$5,000
(q) Any other violation of the Quarantine Act or these
							 rules that caused harm.
$5,000
$5,000
(2) Violation
				of a quarantine permit, import permit, or compliance agreement may result in
				suspension of a permit or compliance agreement or denial of a future request
				for a permit or compliance agreement.
(3) Anyone who violates these rules is acting
				negligently, if not intentionally, and is liable for all harm they cause and
				may be liable for all costs associated with, but not limited to, trapping,
				monitoring, surveying, analysis, testing, containment, eradication, control,
				management, disposition, destruction, restoration, and other measures deemed
				necessary by the department.
(4) At
				the department's discretion, each continued day of violation can be a separate
				offense.
80-7-402,
					 MCA; IMP,
					 80-7-402,
					 MCA;