reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.102 - APIARY, LOCATED BY PERMISSION

Current through Register Vol. 13, July 5, 2024
(1) Persons
				registering a new location for the first time must have the approval signature
				of the landowner or manager indicating that the beekeeper has obtained the
				permission to place an apiary on the landowner's property. When a registered
				site is transferred to another beekeeper, landowner or manager signature must
				be obtained and filed with the department.
(2) Upon notice from a landowner or land
				manager that a beekeeper is no longer allowed access to their property or
				allowed to maintain bees on the property, the department will cancel the
				registration and notify the beekeeper.
(3) Once a site registration has been
				cancelled, any placement of new bees on the site must first be registered with
				the department. A new site registration will only be granted if the site
				registration does not conflict with an existing registered site within a three
				mile radius.
80-6-102,
					 MCA; IMP,
					 80-6-102,
					 80-6-103,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.103 - NEW LOCATIONS OF APIARIES

Current through Register Vol. 13, July 5, 2024
(1) All registered
				apiaries likely to be affected by a proposed new location includes only those
				apiaries which have registered locations within a three (3) mile radius of the
				proposed new location, unless deemed otherwise by the department of
				agriculture.
Sec.
					 80-6-301
					 MCA; IMP, Sec.
					 80-6-103
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.104 - LIMITATIONS OF COLONIES

Current through Register Vol. 13, July 5, 2024
(1) All registered
				bee locations must consist of no less than ten (10) colonies of bees during a
				minimum of ten (10) days during any part of normal buildup or honey producing
				period of the year. This regulation shall not apply to beekeepers who own a
				total of less than ten (10) colonies of bees registered in only one
				apiary.
Sec.
					 80-6-301
					 MCA; IMP,
					 80-6-104
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.105 - DELINEATING HONEY PRODUCING SEASONS AND REGISTRATION PERIODS

Current through Register Vol. 13, July 5, 2024
(1) The normal buildup or honey producing
				season shall consist of the months of April through September.
(2) The regular registration time shall
				consist of the months of February through April.
(3) The procedure to void the registration of
				an apiary because of non-use shall be as follows:
(a) A written request to void the
				registration of an apiary because of non-use, and related evidence, must be
				submitted to the department between October 1 and January 31, during the same
				registration year that the apiary was not in use.
(b) The evidence must include, but is not
				limited to signed statements from the landowner indicating that there were no
				bee hives in the apiary during the last buildup or honey producing season.
				Landowners are as defined in
				80-6-101(12)
				MCA. However, the department may consider other evidence based upon its own
				investigation.
(c) The department
				shall follow contested case provisions of the Montana Administrative Procedure
				Act when determining if an apiary registration is to be voided because of
				non-use.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.106 - INSPECTION OF APIARY EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) All used
				beekeeping equipment to be shipped out of state, including frames of honey in
				the comb, must be inspected before a clean bill of health can be issued.
(2) No permits for interstate
				movement of health certificates will be issued without inspection.
(3) Inspection must be made while the
				equipment is still "on the bees", and while brood is present within the
				hive.
(4) The Department of
				Agriculture must have at least two weeks' notice and preferably more, during
				the rush season of spring and early fall for the need of an inspection.
(5) Beekeepers requesting
				inspection will accompany inspector during inspection, and will pull and
				replace one comb from each broodnest.
(6) Intention to bring into Montana used
				beekeeping equipment, including nucs, feed honey, and refuse for rendering must
				be registered with the Agricultural Sciences Division, Department of
				Agriculture at least ten days prior to the time of movement. A permit to enter
				will then be issued by the Department of Agriculture. This permit, along with a
				copy of the clean bill of health from the state of origin, must accompany the
				load of bees or equipment entering Montana. Each load of used equipment, honey,
				or nucs is automatically quarantined until said quarantine is lifted by the
				Montana state inspector.
AUTH:
					 80-6-102,
					 80-6-202,
					 MCA; IMP:
					 80-6-102,
					 80-6-202,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.107 - INSPECTION OF PESTICIDES DAMAGES

Current through Register Vol. 13, July 5, 2024
(1) The
				department of agriculture may charge the actual costs of inspection of hives to
				determine the degree of pesticide damage.
Sec.
					 80-6-301
					 MCA; IMP, Sec.
					 80-6-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.108 - HOURLY INSPECTION FEE

Current through Register Vol. 13, July 5, 2024
(1) The hourly
				inspection fee authorized in
				80-6-202,
				MCA shall be $42 per hour for actual inspection time. The fee shall be charged
				from the time the inspection begins on site until the inspection is completed
				at the final site. Travel time shall not be included except for that between
				apiary sites.
(2) The hourly
				inspection fee for interstate inspections authorized in
				80-6-202(4)(b)(iii),
				MCA shall be $50 per hour for actual inspection time. Actual inspection time
				includes travel to, between, and return from the inspection site.
80-6-202,
					 MCA; IMP,
					 80-6-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.109 - CIVIL PENALTIES - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) Whenever
				the department has reason to believe that a violation of Title 80, chapter 6,
				parts 1 through 3, MCA, or any adopted rule thereunder has occurred and the
				department finds it in the public interest to assess a civil penalty, it may
				initiate a civil penalty action pursuant to the Administrative Procedure
				Act.
(2) Each violation is
				considered a separate offense and is subject to a separate penalty not to
				exceed $10,000. A repeat violation is considered a first violation if it
				occurred two or more years after the previous violation.
(3) The penalty matrixes set forth in this
				rule establish the basic penalty value for each offense. Factors dealing with
				the violation may cause the matrix penalty to increase or decrease. Examples of
				such factors would be the firm's history of compliance or non-compliance, or
				the extent of the harm to agriculture or environment.
AUTH:
					 80-6-201,
					 MCA; IMP:
					 80-6-303,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.110 - CIVIL PENALTIES - MATRIX

Current through Register Vol. 13, July 5, 2024
Type of Violation
1st
Offense
2nd
Offense
Subsequent
Offense
Failure to register an apiary after notification of
							 requirement. Each unregistered apiary may be considered a separate
							 offense.
$500
$800
$1,000
Falsifying or misrepresenting information submitted
							 with apiary registration application.
$500
$800
$1,000
Failure to move an illegally placed apiary to a
							 registered or registrable site after notice. Each apiary may be considered a
							 separate offense.
$800
$1,000
$1,000
Failure to abate bee diseases or pests pursuant to
							 80-6-201,
							 MCA after notice.
$800
$1,000
$1,000
Failure to meet bee hive importation requirements
							 specified in
							 80-6-202,
							 MCA.
$5,000
$7,500
$10,000
80-6-201,
					 80-6-303, MCA;
					 IMP,
					 80-6-303,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.111 - REGULATED BEE DISEASES

Current through Register Vol. 13, July 5, 2024
(1) Bee diseases
				and pests regulated under Title 80, chapter 6, parts 1 through 3, MCA, are as
				follows:
(a) American Foulbrood (Bacillus
				larvae );
(b) Africanized bees
				(Apis mellifera scutellata );
(c)
				Cape bees (Apis mellifera capensis );
(d) Tropilaelaps mites (Tropilaelaps clareae,
				T. koenigerum, T. thaii, and T. mercedesae ); and
(e) Small-hive beetle (Aethina tumida
				).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.112 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Beekeeper without a valid Montana
				Certificate of Health" means any beekeeper that has not been inspected within
				the last four years by either a Montana Department of Agriculture inspector or
				by appropriate authorities in another state that is recognized as able to issue
				a certificate of health by the Montana Department of Agriculture.
(2) "Interstate Inspection" means the
				inspection of an operation that does not have a valid Montana certificate of
				health or proof of inspection from an originating state.
(3) "Landowner Notice to Change Apiarist"
				means the cancellation of a registered site upon notice to the department by a
				landowner that an apiarist is no longer allowed access to their property or to
				have bees on their property.
(4)
				"Montana Department of Agriculture Inspection" means a health inspection of a
				business that includes counting hives, checking for proof of ownership, and
				opening hives. Minimally, an inspection will include examination of at least
				one frame of brood for regulated diseases and pests as specified in ARM
				4.12.111.
(5) "Registered Beekeeper" means a beekeeper
				who has paid and maintained registration of at least one apiary site with the
				Montana Department of Agriculture.
(6) "Registered Site" means a site that has
				been registered with the Montana Department of Agriculture. A registered site
				is not a property interest in the land and does not in and of itself allow an
				apiarist to have bees at a location. A separate agreement from the landowner or
				an easement is still required to use and access the location.
(7) "Site Registration" means the legal
				ability, as defined by the department, to have and maintain bees on a
				site.
(8) "Unregistered Beekeeper"
				means any beekeeper not registered with the Montana Department of Agriculture,
				including hobbyist beekeepers, landowners, or general beekeepers.
(9) "Valid Certificate of Health" means proof
				of an inspection by either the Montana Department of Agriculture or an apiary
				inspection or proof of an inspection by an official inspector in another state
				with an inspection program recognized by the Montana Department of
				Agriculture.
80-6-101,
					 MCA; IMP,
					 80-6-101,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.113 - REGISTRATION AND CERTIFICATION FEES-APIARY FEES

Current through Register Vol. 13, July 5, 2024
(1) The application fee for owners or
				applicants not currently registered in the department's apiary database is $10.
				The new application fee is due at the time the owner or applicant submits a
				registration for an apiary site. The application fee is in addition to all
				apiary site registration fees due annually. Site registration will not be
				issued until the new application and site registration fees are paid.
(2) The registration or reregistration fee
				for commercial and pollination apiary sites is $35 per site.
(3) The registration or reregistration fee
				for hobbyist and landowner apiary sites is $10 per site.
(4) The fee for issuance of a certificate of
				health (certificate of inspection) is $125. The fee for a certificate of health
				must be paid at the time of the request for a certificate of health.
AUTH:
					 80-6-102,
					 80-6-106,
					 80-6-202,
					 MCA; IMP:
					 80-6-102,
					 80-6-106,
					 80-6-202,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.201 - DEFINITIONS AND TERMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-101
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.202 - LABEL FORMAT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.203 - BRAND AND PRODUCT NAMES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-203
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.204 - EXPRESSIONS OF GUARANTEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.205 - INGREDIENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.206 - DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.207 - NON-PROTEIN NITROGEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.208 - DRUG AND FEED ADDITIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.209 - ADULTERANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-204
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.210 - GOOD MANUFACTURING PRACTICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-204
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.211 - DEFINITIONS AND TERMS FOR PET FOODS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103
					 MCA; IMP, Sec.
					 80-9-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.212 - LABEL FORMAT AND LABELING FOR PET FOODS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103,
					 MCA; IMP, Sec.
					 80-9-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.213 - BRAND AND PRODUCT NAMES FOR PET FOODS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103,
					 MCA; IMP, Sec.
					 80-9-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.214 - EXPRESSION OF GUARANTEES FOR PET FOODS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103,
					 MCA; IMP, Sec.
					 80-9-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.215 - INGREDIENTS FOR PET FOODS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103,
					 MCA; IMP, Sec.
					 80-9-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.216 - DIRECTIONS FOR USE FOR PET FOODS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103,
					 MCA; IMP, Sec.
					 80-9-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.217 - DRUGS AND PET FOOD ADDITIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-9-103,
					 MCA; IMP, Sec.
					 80-9-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.218 - INSPECTION FEE

Current through Register Vol. 13, July 5, 2024
(1) The supplier,
				manufacturer, or guarantor of a commercial feed, except pet foods and specialty
				pet foods, shall pay to the department an inspection fee of 18 cents per ton on
				all commercial feeds, including custom mixed feeds, except pet foods and
				specialty pet foods distributed in this state.
AUTH:
					 80-9-206,
					 MCA; IMP:
					 80-9-206,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.219 - ADOPTION OF MODEL FEED AND PET FOOD REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1) The Montana Department of Agriculture
				adopts and incorporates by reference the model regulations and the model pet
				food and specialty pet food regulations under the model bill, as well as the
				feed terms and ingredient definitions as published in the 2018 official
				publication of the Association of American Feed Control Officials (AAFCO). A
				copy of the AAFCO model regulations or terms and ingredients may be obtained
				from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT
				59620-0201 or the entire official publication may be obtained through AAFCO.
				The director of the Montana Department of Agriculture or designee shall be the
				official recognized throughout the model regulations.
AUTH:
					 80-9-103,
					 80-9-204, MCA;
					 IMP:
					 80-9-101,
					 80-9-202,
					 80-9-203,
					 80-9-204,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.221 - ADULTERATED FEED

Current through Register Vol. 13, July 5, 2024
(1) This rule
				clarifies references to the Federal Food, Drug, and Cosmetic Act that are
				included in
				80-9-204, MCA to
				establish standards for adulterated feed. The referenced sections of the
				Federal Food, Drug, and Cosmetic Act are codified in the United States Codes
				(USC) as follows:
(a) sections 402(a) (1) and
				(a) (2) are codified in
				21 USC
				342;
(b) section 406 is codified in
				21
				USC 346;
(c) section 408(a) is codified in
				21
				USC 346 a;
(d) section 409 is codified in
				21 USC
				348;
(e) section 512 is codified in
				21 USC
				360 b; and
(f) section 721 is codified in
				21 USC
				379 e.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.222 - STANDARDS FOR VIABLE WEED SEEDS

Current through Register Vol. 13, July 5, 2024
(1) The use
				of commercial feeds containing viable weed seeds can cause weed infestations
				with adverse economic and environmental impacts. The risk of weed infestations
				from commercial feeds may eventually justify the adoption of standards to
				define acceptable levels of viable weeds in commercial feeds. However, current
				scientific data on this matter are insufficient to allow the department to
				establish standards for weed seeds as authorized by
				80-9-103,
				MCA. As an interim measure, and in recognition of the significance of this
				issue, the department is adopting this interim rule while literature research
				and scientific studies are being completed.
(2) Persons who manufacture animals feeds in
				Montana should utilize processes and ingredients that minimize, in the finished
				product, the presence of viable seeds of plant species designated as noxious
				weeds under
				7-22-2101(7) (a)
				(i), MCA. Distributors should distribute,
				where feasible and practical, feeds that do not contain viable seeds of plant
				species designated as noxious weeds under
				7-22-2101(7) (a)
				(i), MCA.
(3) Claims made on labels and labeling
				regarding freedom from viable noxious weed seeds shall be accurate and
				truthful. Claims such as "free from noxious weed seeds," "noxious weed seeds
				destroyed," and similar phrases, or claims regarding the amount of noxious weed
				seeds may be made when:
(a) the feed contains
				no viable noxious weed seeds; or
(b) the feed has been tested for viable
				noxious weeds and the results of testing are accurately stated on the label or
				labeling.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.2 - Feed Regulations and Pet Food Regulations › Rule 4.12.223 - DEFINITION OF COMMERCIAL FEED

Current through Register Vol. 13, July 5, 2024
(1) The
				following definitions are for the purpose of clarifying the term "commercial
				feed" pursuant to
				80-9-101,
				MCA:
(a) "chemically changed" means change in
				elemental composition, atomic structure, or mass which may be caused by
				application of heat, pressure, reactants, solvents or catalysts;
(b) "cube" means a feed product that has
				fibers with a typical length of about one inch, ground to a lesser degree than
				a pellet, and is compressed and passed through an opening of one inch or
				larger;
(c) "entire" means
				substantially complete or whole and identifiable to seed species; and
(d) "physically altered" means changes in
				physical characteristics such as density, shape, and color. Examples of
				physical alterations include grinding, removal of hulls, dry rolling,
				compaction, crimping, and flaking.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.4 - Commercial Feed Enforcement and Penalties › Rule 4.12.401 - COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) A person with knowledge of a violation of
				Title 80, chapter 9, MCA, may file a complaint with the department.
(2) Complaints should be in writing and
				signed and should provide details about the violation.
(3) The department, upon receipt of a
				complaint, may proceed with an investigation; however, the lack of a signed and
				written complaint shall not preclude the department from investigating.
Sec.
					 80-9-103,
					 MCA; IMP, Sec.
					 80-9-301,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.4 - Commercial Feed Enforcement and Penalties › Rule 4.12.402 - PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) The department will select an appropriate
				response for each violation of the act and rules promulgated thereunder.
				Nothing in this rule obligates the department to assess a civil penalty or
				other penalty for a violation. Each violation will be considered and a response
				issued based on the gravity and significance of the violation, the degree of
				care exercised, actual or potential adverse affects from the violation, and
				other factors considered appropriate by the department. The response for minor
				violations may include written notice or written warnings.
(2) In determining if a feed is in violation
				when the analytical result of a nutrient exceeds the action level, the
				department will consider whether the feed is intended or represented as a
				principle source of nutrition for that nutrient.
(a) This section will be applied effective
				July 1, 2002
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.4 - Commercial Feed Enforcement and Penalties › Rule 4.12.404 - SIGNIFICANCE OR GRAVITY OF A VIOLATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department in determining the amount of a civil penalty will consider the
				significance and gravity of a violation as required by
				80-9-303,
				MCA. Examples of significance and gravity factors that may increase or decrease
				a penalty follow; they are neither inclusive or necessarily additive in
				substance, order presented, or number:
(a) a
				history of inspections with no violations may decrease a penalty. No inspection
				history and no record of violations may have a neutral effect on the penalty
				amount. A history of violations or failure to correct past violations may
				increase the penalty;
(b) a penalty
				may be decreased when a person agrees to correct a violation and follows
				through on an agreed upon schedule;
(c) the presence of multiple violations at an
				inspection may increase a penalty;
(d) a person's cooperation during an
				inspection or investigation may decrease a penalty. Otherwise, this factor will
				have a neutral effect on penalty determination;
(e) widespread scope of a violation may
				increase a penalty. Examples of considerations in determining scope include
				geographic distribution of the violation, number of persons or animals
				affected, the number of products involved, and the amount or number of lots
				involved;
(f) a person's timely and
				voluntary settlement of damages may decrease a penalty. This factor will be
				considered when written documentation of settlement is received in the
				department from the charged person and the person suffering damage;
(g) a penalty may be increased upon
				demonstration that a person benefited economically from the
				violation;
(h) violations that
				result in harm to animals may be cause for increasing a penalty;
(i) violations that result in or have the
				potential to result in illegal residues in food, commodities or food-producing
				animals may increase the penalty amount;
(j) label violations that result in the
				actual or potential failure of a commercial feed to perform according to claims
				may increase a penalty. Examples of such label violations include deficiency in
				any ingredient or composition of ingredients represented by the label,
				misleading, incomplete or incorrect label directions, or misbranding;
(k) a violation that results in condemnation
				or destruction due to adulteration or other inability to utilize a feed for its
				intended purpose may be cause for increasing a penalty; and
(l) the amount of deviation as a result of
				official analytical results from an official sample beyond the action level as
				compared to the guaranteed claim may increase or decrease the penalty,
				respective to the amount of the deviation.
(i) This subsection will be applied effective
				July 1, 2002.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.4 - Commercial Feed Enforcement and Penalties › Rule 4.12.405 - DEGREE OF CARE

Current through Register Vol. 13, July 5, 2024
(1) The department
				will consider degree of care exercised by the charged person for purposes of
				decreasing or increasing civil penalty amounts:
(a) violations that occur through little or
				no negligence may decrease the penalty;
(b) violations that occur through negligence
				may have a neutral effect in either decreasing or increasing the penalty;
				and
(c) violations that occur as a
				result of gross negligence may increase the penalty.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.4 - Commercial Feed Enforcement and Penalties › Rule 4.12.406 - ANALYTICAL ACTION LEVELS

Current through Register Vol. 13, July 5, 2024
(1) This rule
				establishes the action levels as stated in (5) .
(2) These action levels, as compared to the
				guaranteed claim, will be used to determine when a feed or nutrient is
				considered to be adulterated as defined by
				80-9-204(13),
				MCA.
(3) These action levels will
				be used by the department when assessing the appropriate enforcement
				action/civil penalty for an adulterated feed.
(4) Violations may occur solely by one
				nutrient within an official feed sample exceeding the action level and not
				meeting the guaranteed claim of that feed nutrient.
(5) Action levsels are as follows:
Determination
Analytical Variances (AV%)
Deviation allowed below a minimum guaranteed
								claim
Deviation allowed above a maximum guaranteed
								claim
Moisture
12
*
1 AV's
Ash
45/x + 3
*
2 AV's
Crude protein
20/x + 2
2 AV's
*
Lysine
20
40%
*
Methionine
40%
*
NPN equiv
80/x + 3
*
2 AV's
Crude fat
10
2 AV's
*
Crude fiber
30/x + 6
2 AV's**
2 AV's
Calcium
10
2 AV's
2 AV's
Phosphorus
3/x + 8
2 AV's
*
Salt
15/x + 9
2 AV'S
2 AV's
Magnesium
20
35%
*
Manganese
30
45%
*
Potassium
15
25%
*
Sodium
20
30%
30%
Selenium
25
40%
*
Zinc
20
35%
*
Iron
25
40%
Iodine
40
45%
*
Copper
25
40%
*
Vitamin A
30
45%
*
x = % guarantee
* no action level established
** applies only to rabbit feeds
AUTH:
					 80-9-103,
					 80-9-204, MCA;
					 IMP:
					 80-9-303,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.601 - PLANT NUTRIENTS IN ADDITION TO NITROGEN, PHOSPHATE, AND POTASH

Current through Register Vol. 13, July 5, 2024
(1) Other plant nutrients when mentioned in
				the labeling shall be registered and guaranteed. Guarantees shall be made on
				the elemental basis. Sources of the elements guaranteed and proof of
				availability shall be provided to the department upon request. Except those
				guarantees for those water soluble nutrients labeled for ready-to-use foliar
				fertilizers, ready-to-use specialty liquid fertilizers, hydroponic or
				continuous liquid feed programs and guarantees for potting soil, the minimum
				percentages which will be accepted for registration are as follows:
Element
Minimum Concentration %
Calcium (Ca)
1.00
Magnesium (Mg)
0.50
Sulfur (S)
1.00
Boron (B)
0.02
Chlorine (Cl)
0.10
Cobalt (Co)
0.0005
Copper (Cu)
0.05
Iron (Fe)
0.10
Manganese (Mn)
0.05
Molybdenum (Mo)
0.0005
Nickel (Ni)
0.001
Sodium (Na)
0.10
Zinc (Zn)
0.05
Guarantees or claims for the above listed plant nutrients are
				  the only ones which will be accepted. Proposed labels and directions for use of
				  the fertilizer shall be furnished with the application for registration upon
				  request. Any of the above listed elements which are guaranteed shall appear in
				  the order listed immediately following guarantees for the primary nutrients of
				  nitrogen, phosphate, and potash. When directions for use render the product
				  ineffective (as a fertilizer) the department will not register the
				  product.
(a) A warning or caution
				statement may be required on the label for any product which contains
				micronutrients in water soluble form when there is evidence that a
				micronutrient may be harmful to certain crops or where there are unusual
				environmental conditions.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.602 - GUARANTEES FOR SOIL AMENDMENTS

Current through Register Vol. 13, July 5, 2024
(1) Lime
				products shall guarantee:
(a) The minimum
				percent calcium carbonate equivalent.
(b) The minimum percentage passing through
				#10 and #100 U.S. Standard sieves.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.603 - LICENSING EXEMPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-10-301,
					 MCA; IMP,
					 80-10-212,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.605 - INSPECTION, SAMPLING AND ANALYSIS (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-10-301,
					 MCA; IMP,
					 80-10-206,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.606 - DEFINITIONS FOR COMMERCIAL FERTILIZERS

Current through Register Vol. 13, July 5, 2024
(1) As
				authorized, the department recognizes the official terms and definitions for
				commercial fertilizersand soil amendments adopted by the Association of
				American Plant Food Control Officials.
80-10-205,
					 MCA; IMP,
					 80-10-205,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.607 - INVESTIGATIONAL ALLOWANCES AND OVERALL INDEX VALUE

Current through Register Vol. 13, July 5, 2024
(1) A commercial fertilizer shall be deemed
				deficient if the analysis of nutrient is below the guarantee by an amount
				exceeding the values in the following schedule, or if the overall index value
				of the fertilizer is below 98%.
Guarantee Percent
Nitrogen (N)
Available Phosphate
								(P2O5)
Soluble Potash (K2O)
Investigational Allowance, percent
4 or less
0.49
0.67
0.41
5
0.51
0.67
0.43
6
0.52
0.67
0.47
7
0.54
0.68
0.53
8
0.55
0.68
0.60
9
0.57
0.68
0.65
10
0.58
0.69
0.70
12
0.61
0.69
0.79
14
0.63
0.70
0.87
16
0.67
0.70
0.94
18
0.70
0.71
1.01
20
0.73
0.72
1.08
22
0.75
0.72
1.15
24
0.78
0.73
1.21
26
0.81
0.73
1.27
28
0.83
0.74
1.33
30
0.86
0.75
1.39
32 or more
0.88
0.76
1.44
(a) For DAP and
				MAP the investigational allowance for available phosphate shall be
				0.70.
(b) For TSP the
				investigational allowance shall be 1.53.
(c) For guarantees not listed, calculate the
				appropriate value by interpolation.
(d) The overall index value is calculated by
				comparing the commercial value guaranteed with the commercial value found.
Example of calculation for a 10-10-10 grade found to contain
				  10.1% Total Nitrogen (N), 9.4% Available Phosphate
				  (P205), and 10.1% Soluble Potash
				  (K20). Nutrient unit values are assumed to be $3 per
				  unit N, $2 per unit P205, and $1
				  per unit K20.
10.0 units N
x 3 = 30.0
10.0 units
							 P205
x 2 = 20.0
10.0 units K20
x 1 = 10.0
Commercial Value Guaranteed
60.0
10.1 units N
x 3 = 30.3
9.4 units
							 P205
x 2 = 18.8
10.1 units K20
x 1 = 10.1
Commercial Value Found
59.2
Overall Index Value - (59.2/60.0) x 100 = 98.6%
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.608 - BI-ANNUAL INSPECTION FEE STATEMENT AND FEE ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each in-state manufacturer and
				out-of-state supplier is responsible for paying the assessment fees for all
				commercial fertilizers and/or soil amendments distributed for agricultural use
				in this state. The party responsible for supplying the product into the state
				shall pay the assessment fees and file a bi-annual statement on or before the
				30th calendar day after the end of each reporting period. The statement must
				specify the number of tons of each commercial fertilizer and/or soil amendment
				distributed in this state during each 6-month period, and to whom it was
				distributed. A bi-annual statement is required even if no sales or
				distributions occurred in a particular period. Specialty fertilizers, soil
				amendments not for agricultural use, and unmanipulated manures are exempt from
				the assessment fee and a bi-annual report is not required by persons
				distributing only these products.
(2) Based upon the filed reports, the person
				responsible for paying the assessment fee on commercial fertilizers and/or soil
				amendments shall pay the following:
(a)
				inspection fee of 25 cents per ton for fertilizer distributed other than
				anhydrous ammonia or soil amendments;
(b) inspection fee of 95 cents per ton for
				anhydrous ammonia fertilizer distributed;
(c) inspection fee of 10 cents per ton for
				agricultural soil amendments distributed when 50 tons or more are distributed
				during the reporting period; and
(d) educational assessment of 75 cents per
				ton for all fertilizers, excluding specialty fertilizers and soil amendments,
				in addition to the inspection fees.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.609 - SEMIANNUAL TONNAGE STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) Each
				person who distributes commercial fertilizers and/or soil amendments to
				nonlicensed end users shall file semiannual statements for the periods ending
				June 30 and December 31, setting forth the number of net tons of each
				commercial fertilizer and/or soil amendment received during the six-month
				period. Specialty fertilizers, soil amendments not for agricultural use, and
				unmanipulated manures are exempt from the semiannual report and the report is
				not required by persons distributing only these products. The reports shall be
				filed with the department, on forms approved by the department, on or before
				the 30th calendar day of the month following the close of each six-month
				period. A separate semiannual statement is required for each licensed location.
				A semiannual statement is required even if no sales or distributions occurred
				within a six-month period.
(2)
				Failure to file the disclosure may constitute grounds for revoking a
				license.
AUTH:
					 80-10-301,
					 MCA; IMP:
					 80-10-207,
					 80-10-211,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.620 - ADULTERATION OF FERTILIZERS AND SOIL AMENDMENTS BY TRACE METALS

Current through Register Vol. 13, July 5, 2024
(1) No person shall distribute an adulterated
				fertilizer or soil amendment. Fertilizers and soil amendments distributed in
				the state and required to be registered by the department are adulterated when
				they contain metals in amounts that exceed the levels provided within this
				rule.
(2) This rule establishes
				metal standards for fertilizers and soil amendments that do and do not contain
				waste or sewage sludge. Fertilizers and soil amendments that contain waste are
				termed "waste-derived." "Waste-derived" is defined as any fertilizer or soil
				amendment produced from or containing recyclable materials classified as a
				waste under Code of Federal Regulations, Title 40, Parts 261.2 and 261.3 (
				40 CFR
				261.2 and
				261.3
				).
(3) Fertilizers and soil
				amendments, whether waste-derived or not, that contain guaranteed amounts of
				phosphates or micronutrients, except as exempted within this section, are
				adulterated when they exceed the levels of metals established by the following
				table:
Metals
ppm per 1% of
							 P2O5
ppm per 1% of Micronutrients
Arsenic (As)
13
112
Cadmium (Cd)
10
83
Cobalt (Co)
136
2,228*
Lead (Pb)
61
463
Mercury (Hg)
1
6
Molybdenum (Mo)
42
300*
Nickel (Ni)
250
1900*
Selenium (Se)
26
180
Zinc (Zn)
420
2900*
Footnote: * Only applies when not guaranteed.
(a) Fertilizers and soil amendments such as
				compost, manures and manipulated manures or other organic matter, separately or
				in combination with sewage sludge, even those products making nutrient claims,
				are exempt from the table above, but are adulterated when the levels of metals
				exceed the levels permitted in 40 CFR 503.
(b) These standards are not to be used to
				evaluate growing media claiming nutrients, but may be applied to the sources of
				the nutrients added to the media.
(c) Micronutrients can include iron,
				manganese, zinc, copper, molybdenum, boron, cobalt, chlorine, nickel, and
				sodium.
(d) To use the table:
(i) multiply the percent guaranteed
				P205 or sum of the guaranteed
				percentages of all micronutrients in each product by the value in the
				appropriate column in the table to obtain the maximum allowable concentration
				(ppm) of these metals;
(ii) the
				minimum value for P205, utilized
				as a multiplier shall be 6.0;
(iii)
				the minimum value for micronutrients utilized as a multiplier shall be 1.0;
				and
(iv) if a product contains both
				P205 and micronutrients, multiply
				the guaranteed percent P205 by
				the value in the appropriate column and multiply the sum of the guaranteed
				percentages of the micronutrients by the value in the appropriate column.
				Utilize the higher of the two resulting values as the maximum allowable
				concentrations.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.6 - Fertilizer Regulations › Rule 4.12.621 - REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) Any fertilizer or soil amendment that
				contains a waste or sewage sludge distributed as a single ingredient product or
				blended with other ingredients must be identified as such by the registrant in
				the application for registration.
(2) The registrant of a fertilizer or soil
				amendment containing waste as defined in ARM
				4.12.620(4)(a) and
				(b) shall state in the application for
				registration the source of the waste and the level of metals in the end product
				including, but not limited to, arsenic, cadmium, and lead for sewage sludge and
				cadmium for solid waste. Upon request by the department, the registrant shall
				provide analytical data necessary to determine compliance with 40 CFR 257 or
				503. This information can be provided by the registrant from documentation
				collected and compiled by the waste generator.
(3) The registrant of a hazardous
				waste-derived fertilizer or soil amendment as defined in ARM
				4.12.620(4)(c) 
				shall state in the application for registration the source of the waste and the
				level of metals within the source, including, but not limited to, arsenic,
				cadmium, and lead. Upon request by the department, the registrant shall provide
				analytical data necessary to determine compliance with 40 CFR 261, 266 and 268.
				This information can be provided from documentation collected and compiled by
				the waste generator.
(4) The
				methods used to comply with (2) and (3) shall be consistent with and comply
				with the standards as stated below:
(a)
				Recyclable materials used in the manufacture of hazardous waste-derived
				fertilizers and soil amendments shall comply with the treatment standards
				specified in
				40 CFR
				268.40 and
				268.48,
				using the Toxicity Characteristic Leaching Procedure, Test Method 1311, EPA
				Publication SW-846; and
(b)
				Recyclable materials that are not hazardous waste, but used in the manufacture
				of fertilizers and soil amendments shall comply with the treatment standards
				specified in 40 CFR 257 or 503, using testing methods for total metal content
				found in EPA Publication SW-846.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.7 - Anhydrous Ammonia Rules › Rule 4.12.701 - SCOPE

Current through Register Vol. 13, July 5, 2024
(1) These rules ARM
				4.12.702 through
				4.12.743 specifically are
				applicable to the design, construction, location, installation, and operation
				of anhydrous ammonia systems, including refrigerated ammonia storage systems
				from which the product is used for agricultural ammonia.
(2) These rules do not apply to:
(a) anhydrous ammonia manufacturing
				plants,
(b) air conditioning
				systems and refrigeration plants where anhydrous ammonia is used solely as a
				refrigerant. Such systems are covered in American National Standards Safety
				Code for Mechanical Refrigeration, B-9.1; and
(c) anhydrous ammonia transportation
				pipelines.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.7 - Anhydrous Ammonia Rules › Rule 4.12.703 - DISPOSAL

Current through Register Vol. 13, July 5, 2024
(1) To dispose of anhydrous ammonia, it shall
				be injected into sufficient water as near as the bottom of the vessel as
				practical. Sufficient water shall be at least ten parts of water per one part
				anhydrous ammonia.
Sec.
					 80-10-503,
					 MCA; IMP, Sec.
					 80-10-503,
					 MCA;