reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.4 - Agricultural Marketing Development Program › Rule 4.16.405 - APPLICATION FOR A RESEARCH AND DEVELOPMENT PROJECT LOAN - COUNCIL ACTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-9-203,
					 MCA; IMP,
					 90-9-202,
					 90-9-203,
					 90-9-301,
					 90-9-311,
					 90-9-314,
					 90-9-315,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.4 - Agricultural Marketing Development Program › Rule 4.16.406 - RESEARCH AND DEVELOPMENT PROJECT LOANS - MONITORING REPORTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 90-9-311,
					 90-9-314,
					 90-9-315,
					 90-9-316,
					 90-9-318,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.501 - FAILURE TO COMMERCIALIZE OR PRODUCE IN MONTANA - ALL LOAN PROGRAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-9-203,
					 MCA; IMP,
					 90-9-202,
					 90-9-203,
					 90-9-311,
					 90-9-312,
					 90-9-313,
					 90-9-314,
					 90-9-315,
					 90-9-316,
					 90-9-317,
					 90-9-318,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.502 - RIGHTS TO INTELLECTUAL PROPERTY- CONFIDENTIALITY - ALL LOAN PROGRAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-9-203,
					 2-3-103,
					 MCA; IMP,
					 90-9-202,
					 90-9-203,
					 90-9-311,
					 90-9-312,
					 90-9-313,
					 90-9-314,
					 90-9-315,
					 90-9-316,
					 90-9-317,
					 90-9-318,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.503 - APPLICATION FOR GRANTS AND LOANS

Current through Register Vol. 13, July 5, 2024
(1) In order to
				apply for a grant or loan, an applicant must:
(a) Complete the application form. If seeking
				a grant, complete the grant eligibility portion of the application.
(b) Provide a credit report for all parties
				seeking the loan or grant. If a credit report is not available, an exception to
				this requirement must be sought.
(c) Provide a current cash flow statement and
				projected cash flow statements for the business for the next three years at a
				minimum. Any assumptions used to create this cash flow statement must be
				included.
(d) Provide a current and
				projected balance sheet for the business. Any assumptions used to create this
				balance sheet statement must be included.
(e) Have on file with the Secretary of State
				all paperwork (if any) required to do business in Montana under the name
				seeking the grant or loan.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.504 - TARGETED AREAS

Current through Register Vol. 13, July 5, 2024
(1) The Council can
				declare up to two kinds or areas of projects to be targeted areas. These areas
				must be reviewed at least annually and announced at least 60 days before they
				become effective.
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.505 - HIGH INTEREST RATE

Current through Register Vol. 13, July 5, 2024
(1) The high
				interest rate will be reviewed and set by the Council at least
				annually.
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.506 - LOW INTEREST RATE

Current through Register Vol. 13, July 5, 2024
(1) The low
				interest rate will be reviewed and set by the Council at least
				annually.
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.507 - LOW INTEREST ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) The Council may
				allow the low interest rate for projects that fall within a targeted
				area.
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.508 - RECONSIDERATION OF APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The Council
				may meet to reconsider all projects that have not received funding or not
				received the maximum requested funding if funds permit within the last 120 days
				of the fiscal year.
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.509 - APPLICATION LIMIT

Current through Register Vol. 13, July 5, 2024
(1) A rejected or
				partially funded proposal cannot come before the Council a second time within
				12 months of its last presentation unless the Council votes to allow it to do
				so. The Department will screen applications to decide if a proposal is
				duplicative.
(2) A company may not
				receive more than $100,000 in grant funding in any 18-month period.
AUTH:
					 90-9-203,
					 MCA; IMP:
					 90-9-203,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.510 - REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) Only costs incurred within 12 months
				prior to the approval of the loan or grant can be reimbursed and only if
				specifically allowed by the Council.
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.511 - FUNDING FOR SALARIES OR OVERHEAD

Current through Register Vol. 13, July 5, 2024
(1) In
				order to fund a project with salaries or overhead included in the expenses to
				be paid by the loan or grant, the Council must vote a majority plus
				one.
90-9-203,
					 MCA; IMP,
					 90-9-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.512 - POST-DISBURSEMENT MONITORING OF LOANS AND GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Each recipient
				of a loan or grant must provide the council with the following reports:
(a) semiannual reports due on July 31 and
				January 31 of each year in which a loan or grant is active; and
(b) a final report due within 30 days of
				completion of the project.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.5 - Loan Programs › Rule 4.16.513 - FAILURE TO MEET CONDITIONS OF LOAN OR GRANT

Current through Register Vol. 13, July 5, 2024
(1) If a recipient
				of a loan or grant fails to meet a condition of the loan or grant, the
				department shall notify the recipient in writing.
(2) The council shall consider the reported
				default at a regularly scheduled quarterly meeting and consider whether to:
(a) grant requests for forgiveness made
				pursuant to ARM 4.16.512;
(b)
				forgive performance of a grant obligation;
(c) defer performance obligations;
(d) modify the loan or grant
				agreement;
(e) convert a grant to a
				loan;
(f) convert a loan or grant
				to the default interest rate; or
(g) take other action not inconsistent with
				statute or rule.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.6 - Agricultural Business Incubator Program › Rule 4.16.601 - AGRICULTURAL BUSINESS INCUBATOR PROGRAM-PURPOSE-INVESTMENTS-CRITERIA AND LIMITATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-9-203
					 MCA; IMP, Sec.
					 90-9-302
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.7 - Agricultural Marketing Development Program › Rule 4.16.701 - AGRICULTURAL MARKETING AND BUSINESS DEVELOPMENT PROGRAM; PURPOSE, GOALS, AND CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the purposes of the "Montana Growth Through Agriculture Act" as set forth in
				90-9-102, MCA,
				the purpose of the marketing and business development program is to find new or
				expanded markets for the products, processes, and technologies of Montana
				agricultural businesses.
(2) The
				Agricultural Marketing and Business Development Program will coordinate with
				existing department marketing programs and the market development activities of
				the Department of Agriculture.
(3)
				The marketing development program shall support both domestic marketing and
				international trade efforts.
(4)
				The goals of the marketing development program are to:
(a) increase sales of the products,
				processes, and technologies of Montana agricultural businesses on a state,
				national, and international level;
(b) open or expand markets for new or
				specialty products;
(c) monitor new
				and changing markets and market conditions, and provide Montana producers with
				such information;
(d) improve,
				expand, or create new relationships between buyers and sellers of the products,
				processes, and technologies of Montana agricultural businesses;
(e) encourage the expansion of value-added
				production, processes, and technologies in Montana.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.7 - Agricultural Marketing Development Program › Rule 4.16.702 - APPLICATION PROCEDURES FOR AN AGRICULTURAL MARKETING AND BUSINESS DEVELOPMENT INVESTMENT - SUBMISSION AND USE OF INVESTMENT PROPOSAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-9-203,
					 MCA; IMP,
					 90-9-202,
					 90-9-203,
					 90-9-303,
					 90-9-311,
					 90-9-401,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.16 - MONTANA AGRICULTURE DEVELOPMENT COUNCIL › Subchapter 4.16.8 - Confidentiality › Rule 4.16.801 - RIGHTS TO INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION - CONFIDENTIALITY - AGRICULTURE MARKETING AND BUSINESS DEVELOPMENT ASSISTANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-15-112,
					 MCA; IMP,
					 80-1-102,
					 80-11-103,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
These definitions apply to all rules adopted under authority
				  of Title 80, chapter 11, part 6, MCA.
(1) "Department" means the Montana Department
				of Agriculture.
(2) "Director"
				means the director of the Montana Department of Agriculture or a
				designee.
(3) "Handling operation"
				means any operation or portion of an operation (except final retailers of
				agricultural products that do not process agricultural products) that receives
				or otherwise acquires agricultural products and processes, packages, or stores
				such products.
(4) "Mediation"
				means a voluntary, informal process to assist the department and another party
				to arrive at a mutually acceptable settlement. No formal record is
				made.
(5) "Mixed operation" means
				organic and nonorganic production on the same production operation.
(6) "Packaging" means changing the size,
				shape, type, or method of a product's containment without any change in the
				product itself.
(7) "Production
				operation" means a farm, ranch, or other business that grows, gathers, or
				raises crops, wild crops or livestock.
80-11-601,
					 MCA; IMP,
					 80-11-601,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.102 - ADOPTION OF ORGANIC PROGRAM REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The department adopts and incorporates by reference the following parts of the
				United States Department of Agriculture (USDA) National Organic Program (NOP)
				final rule, Title 7, Part 205, Code of Federal Regulations (CFR) adopted
				December 21, 2000. Future editions will be specifically adopted as they become
				applicable.
(a) Subpart A - Definitions, all
				sections;
(b) Subpart B -
				Applicability, all sections;
(c)
				Subpart C - Organic Production and Handling Requirements, all
				sections;
(d) Subpart D - Labels,
				Labeling, and Market Information, all sections;
(e) Subpart E - Certification, all sections;
				and
(f) Subpart G - Administrative:
(i) Sections 205.600 through
				205.607;
(ii) Sections 205.640
				through 205.642;
(iii) Sections
				205.660 through 205.663;
(iv)
				Sections 205.670 through 205.672; and
(v) Sections 205.680 through
				205.681.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.103 - APPOINTMENT AND COMPENSATION OF ORGANIC COMMODITY ADVISORY COUNCIL

Current through Register Vol. 13, July 5, 2024
(1) The director of the Department of
				Agriculture, who by statute is a member of the Organic Commodity Advisory
				Council, will appoint seven other members as follows:
(a) one consumer from the public at
				large;
(b) four certified organic
				producers;
(c) one certified
				organic handler representative, who must be an owner or employee of a certified
				organic handler; and
(d) one
				certified organic producer or handler representative appointed at large at the
				discretion of the director of the department.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.104 - STATE SEAL

Current through Register Vol. 13, July 5, 2024
(1) Producers and
				handlers certified by the department may use a seal that identifies the
				department as the certifying agent, provided that such seal is used in
				compliance with 7 CFR 205 subpart D. The use of such a seal is
				voluntary.
(2) The department's
				organic seal may be reproduced in black and white and must replicate the form
				and design of the example in figure 1.
(3) The department's organic seal may be
				reproduced in color and must replicate the form and design of the example in
				figure 1.
(a) If reproduced in color, the
				seal must be colored according to specifications approved by the
				department.
(b) A representation of
				the colored organic seal is available for viewing and download from the
				department web site.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.105 - APPLICATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The department
				will certify production and handling operations that submit an application to
				the department and comply with the requirements set forth in these rules.
(2) The department may certify
				contract production or handling of organic products for producers or handlers
				certified by the department:
(a) The contract
				production or handling must be described in the production or handling system
				plan of an operation certified by the department or applying for certification
				by the department;
(b) Contract
				producers or handlers will not be certified themselves, but will be included as
				part of the contracting producer or handler's certification;
(c) The department may review contracts for
				production or handling to assure that the certified operation or the operation
				applying for certification has sufficient control over the contracted
				production or handling to effect change in cases of noncompliance;
				and
(d) Any notices of
				noncompliance, denial of certification, or suspension or revocation of
				certification involving contract production or handling will be issued to the
				certified operation or operation applying for certification. No separate
				proceeding will occur with the contractor.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.106 - APPLICATION FEES AND FEES FOR SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Application
				fees for producers are as follows:
(a) a new
				applicant will receive a $100 credit to be applied to the first-year
				fees;
(b) the application fee for
				an operation with gross annual organic sales from $0 to $20,000.99 is
				$600;
(c) the application fee for
				an operation with gross annual organic sales from $20,001 to $40,000.99 is
				$700;
(d) the application fee for
				an operation with gross annual organic sales from $40,001 to $100,000.99 is
				$800;
(e) the application fee for
				an operation with gross annual organic sales from $100,001 to $250,000.99 is
				$900;
(f) the application fee for
				an operation with gross annual organic sales from $250,001 to $500,000.99 is
				$1,000;
(g) the application fee for
				an operation with gross annual organic sales from $500,001 to $1,000,000.99 is
				$1,250;
(h) the application fee for
				an operation with gross annual organic sales at or above $1,000,001 is $1,500;
				and
(i) an additional fee is $100
				for combined livestock and crop operations.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.107 - ANNUAL REPORT AND ASSESSMENT FEES

Current through Register Vol. 13, July 5, 2024
(1) Producers and
				handlers certified by the department, and new applicants for certification,
				must submit an annual report of their total gross sales and handling charges
				for all certified organic production and handling. Certified producers and new
				applicants for producer certification shall pay an annual assessment fee to the
				department as a percentage of gross sales of organically produced products.
				Certified handlers and new applicants for handler certification shall pay an
				annual assessment fee as a percentage of gross sales and handling charges for
				all products and services included in their Organic Handling System Plans
				(OHSP):
(a) the annual report and assessment
				for producers and handlers of all gross sales and handling charges shall be for
				the previous calendar year;
(b) the
				report and fees for producers are due on March 15 annually. The report and fees
				for handlers are due on September 15 annually. The department may assess a 10%
				penalty or a minimum fee of $25, whichever is greater, for any assessment
				reports received after the deadline. The department may require past due
				payment of fees prior to providing certification services.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.108 - CERTIFICATION OF EXEMPT AND EXCLUDED OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department may certify operations
				that are exempted or excluded from certification pursuant to
				7 CFR
				205.101. Such certification is
				voluntary.
(2) Application
				procedures, fees, and certification standards will be as provided for nonexempt
				and nonexcluded operations.
80-11-601,
					 MCA; IMP,
					 80-11-601,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.109 - CONVERSION PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Producers and
				handlers converting to organic production that do not qualify for certification
				may apply for an application review or full review including an inspection.
				These reviews allow potential applicants to experience procedures and
				requirements of the certification program and to identify areas of potential
				noncompliance.
(2) Applicants for
				conversion period application review must prepay one-half of the applicable
				application fee and submit appropriate application forms. The department will
				review the application and no inspection will be conducted. The department will
				notify the applicant of any deficiencies in the application or the organic
				system plan.
(3) Applicants for
				conversion period full review must prepay the full amount of the applicable
				application fee and submit the appropriate application forms. An inspection
				will be scheduled and conducted. The department will notify the applicant of
				any deficiencies in the application or the organic system plan and any
				deficiencies determined as a result of the inspection.
(4) A conversion period full review including
				an inspection in the year prior to certification exempts the operation from
				payment of a new application fee in the first year of certification.
(5) The new application fee does not apply to
				conversion period reviews.
(6)
				Persons who participate in the conversion program shall not imply in any manner
				that they are organically certified, and must not sell, label, or represent
				products as "100 percent organic," "organic," or "made with organic
				ingredients."
80-11-601,
					 MCA; IMP,
					 80-11-601,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.110 - TRANSACTION DOCUMENTATION FORMS

Current through Register Vol. 13, July 5, 2024
(1)
				Transaction documentation forms (TDF) may be used in transactions of certified
				organic products to identify products that were produced or handled in
				accordance with rules adopted under this chapter. TDF provided by the
				department can be used only by operations certified by the department and only
				for products covered by department certification. Use of TDF is voluntary and
				two types are available:
(a) transaction
				documentation forms may be issued as sequentially numbered forms with the
				producer's or handler's identification and expiration date beyond which use is
				not valid. Users shall enter shipment information that must include product
				name, production date, quantity sold, lot number (if applicable), sale price,
				and date of sale; and
(b) the
				department shall issue a completed TDF to a producer and/or handler upon
				written request. Requests must include payment, must be submitted on forms
				approved by the department and must contain all information requested on the
				request form including product name, production date, quantity sold, lot number
				(if applicable), sale price, date of sale, and name and address of
				buyer.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.111 - RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Certified operations must maintain
				records and make such records available to the department as set forth in
				7 CFR
				205.103. Records shall be sufficient to
				facilitate an audit trail to track the identity and movement of certified
				organic products. Such records must be adapted to the particular business that
				the certified operation is conducting.
(2) Certified operations must have records of
				all nonorganic production and handling. Such records must be sufficient to
				clearly document that there is no commingling of organic and nonorganic
				products, that there is no contamination of organic products with prohibited
				materials used in production or handling of nonorganic products, and that no
				nonorganic products are sold or represented as organic.
(3) Certified organic producers, except
				producers of livestock, shall keep the following records for each crop
				produced:
(a) location where grown;
(b) storage location;
(c) materials applied to plants, soil, water,
				and products. These records shall include date applied, application rate, and
				name of material including brand name for brand name products;
(d) if custom processed, handling and
				processing description, date, and location. Location shall include the name and
				address of the handler or processor;
(e) sales records of organic crops by dollar
				and product volume, name and address of purchaser where possible, and
				transaction documentation form number when used; and
(f) identifying lot number that facilitates
				tracking the product from field to sale or release of physical control, if
				appropriate to the type of operation.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.112 - SAMPLING

Current through Register Vol. 13, July 5, 2024
(1) The department or contract inspectors
				will collect samples of soil, products, or agricultural inputs from randomly or
				systematically selected operations certified by the department. The department
				will collect samples when there is reason to believe, based on observation or
				information received, that land, an input, or product came into contact with a
				prohibited substance or that excluded methods were used. Inspectors may collect
				samples as part of the routine annual organic inspection or recommend sampling
				by the department.
(2) All
				certified operations are subject to
				7
				CFR 205.670, which specifies that the
				department or the Agricultural Marketing Service (AMS) administrator may
				require preharvest or postharvest testing of any agricultural input used or
				agricultural product to be sold, labeled, or represented as organic.
(3) The department will analyze samples for
				prohibited substances or for evidence of use of excluded methods. Pesticide and
				fertilizer analyses will be conducted whenever possible by the Montana
				Department of Agriculture Analytical Laboratory.
(4) Sampling and analyses will be at the
				expense of the department provided that revenues from application fees and
				assessments may be used to fund the sampling program. Inspectors will not be
				charged for samples taken as part of an organic inspection or
				investigation.
(5) All results of
				analyses will be provided to the administrator, AMS, United States Department
				of Agriculture; the certified operation or applicant; and the public on
				request. The department may publish a yearly summary of sample
				results.
(6) Applicants for
				certification and certified operations will be provided with a receipt for any
				samples collected by the department or contract inspectors.
80-11-601,
					 MCA; IMP,
					 80-11-601,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.113 - COMPLAINTS AND INVESTIGATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any person
				with knowledge of a violation of this chapter may file a complaint with the
				department. Complaints should be in writing and signed and should provide the
				details known to the person filing the complaint. The lack of a written or
				signed complaint will not preclude the department from investigating.
(2) The department will evaluate each
				complaint and will investigate complaints involving operations certified by the
				department. Complaints involving operations not certified by the department
				will be referred to the manager of the National Organic Program.
(3) The department may investigate certified
				or noncertified organic operations, whether certified by the department or not,
				upon determining that a need exists to protect public health and safety or
				preserve evidence that would justify an immediate investigation.
80-11-601,
					 MCA; IMP,
					 80-11-601,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.114 - COMPLIANCE ENFORCEMENT AND PENALTIES

Current through Register Vol. 13, July 5, 2024
(1)
				The department may initiate a compliance action against an applicant for
				certification or a producer or handler certified by the department that is not
				in compliance with these rules:
(a) the
				department and applicants for certification will follow procedures established
				in 7 CFR 205, subpart (e) in addressing noncompliance issues under National
				Organic Program standards;
(b) the
				department and certified operations will follow procedures established in 7 CFR
				205, subpart (g) in addressing noncompliance issues under National_Organic
				Program standards;
(c) the
				department's procedure for denying certification under National_Organic Program
				standards will adhere to that established in 7 CFR 205, subpart (e);
				and
(d) any notice of denial of
				certification or proposed suspension or revocation of certification will state
				the person's right to mediation. The department's mediation procedures will be
				consistent with that established in
				7 CFR
				205.663 and the department may incorporate
				procedures for mediation established by state statutes.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.17 - ORGANIC PROGRAM › Subchapter 4.17.1 - Organic Certification › Rule 4.17.115 - MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) Any dispute with respect to denial of
				certification or proposed suspension or revocation of certification may be
				mediated at the request of the applicant for certification or certified
				operation as provided by
				7 CFR
				205.663. Procedures and time frames for
				mediation will be consistent with those established in
				7 CFR
				205.663 and standards for mediation
				established in
				26-1-813,
				MCA.
(2) Mediators must be
				impartial and knowledgeable about organic certification standards. A mediator
				shall be chosen by mutual consent. If a mediator cannot be chosen by mutual
				consent, the department shall select a mediator.
(3) Matters raised in mediation are
				privileged, private, and confidential, except that a mediated agreement may be
				disclosed to the secretary of the United States Department of
				Agriculture.
(4) Persons can
				represent themselves or be represented by an attorney. It is understood that
				any person appearing on behalf of the person that requested mediation will have
				full settlement authority for the person they are representing. The mediator
				has discretion in establishing formal or informal mediation procedures. Where
				persons choose not to be represented by counsel, the mediator may choose to use
				informal procedures. However, mediators have the option to provide structure to
				the mediation and to apply rules of evidence and civil procedure.
(5) If mediation produces a settlement
				agreement, a written agreement will be prepared with the assistance of the
				mediator, if necessary. The person who requested mediation, the department's
				representative, and the mediator shall sign the settlement and provide it to
				the director. The director shall determine if the settlement is accepted by the
				department.
(6) The parties shall
				share equally the cost for the services of a mediator.
80-11-601,
					 MCA; IMP,
					 80-11-601,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.18 - CERTIFIED NATURAL BEEF CATTLE MARKETING PROGRAM › Subchapter 4.18.1 - Certified Natural Beef Cattle Certification › Rule 4.18.101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-11-801,
					 MCA; IMP:
					 80-11-801,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.18 - CERTIFIED NATURAL BEEF CATTLE MARKETING PROGRAM › Subchapter 4.18.1 - Certified Natural Beef Cattle Certification › Rule 4.18.102 - APPLICATION AND PROGRAM AGREEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-11-801,
					 MCA; IMP:
					 80-11-801,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.18 - CERTIFIED NATURAL BEEF CATTLE MARKETING PROGRAM › Subchapter 4.18.1 - Certified Natural Beef Cattle Certification › Rule 4.18.103 - PROGRAM REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-11-801,
					 MCA; IMP:
					 80-11-801,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.18 - CERTIFIED NATURAL BEEF CATTLE MARKETING PROGRAM › Subchapter 4.18.1 - Certified Natural Beef Cattle Certification › Rule 4.18.104 - RECORD KEEPING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-11-801,
					 MCA; IMP:
					 80-11-801,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.18 - CERTIFIED NATURAL BEEF CATTLE MARKETING PROGRAM › Subchapter 4.18.1 - Certified Natural Beef Cattle Certification › Rule 4.18.105 - INSPECTIONS AND AUDITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-11-801,
					 MCA; IMP:
					 80-11-801,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.18 - CERTIFIED NATURAL BEEF CATTLE MARKETING PROGRAM › Subchapter 4.18.1 - Certified Natural Beef Cattle Certification › Rule 4.18.106 - FEES AND COSTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-11-801,
					 MCA; IMP:
					 80-1-103,
					 80-11-801,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.18 - CERTIFIED NATURAL BEEF CATTLE MARKETING PROGRAM › Subchapter 4.18.1 - Certified Natural Beef Cattle Certification › Rule 4.18.112 - ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-11-801,
					 MCA; IMP:
					 80-11-801,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Clone" means an organism developed
				asexually from another and genetically identical to it, such as a group of
				genetically identical plants produced by vegetative propagation, including but
				not limited to cutting, grafting, or division.
(2) "Hemp" means the plant species Cannabis
				sativa L. and any part of that plant, including the seeds thereof and all
				derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
				isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol
				concentration of not more than 0.3 percent on a dry weight basis.
(3) "Hemp plant extract" means a processed
				product from hemp plant or floral material including but not limited to oil,
				powder, cake, pellet, etc.
(4)
				"Hemp root extract" means a processed product that includes exclusively hemp
				root material including but not limited to oil, powder, cake, pellet,
				etc.
(5) "Hemp seed oil" means oil
				extracted exclusively from hemp seeds.
(6) "Location" means a single location as
				determined by the Director.
(7)
				"Manufacturing" means further processing hemp plants that have already been
				processed from a raw, unaltered state.
(8) "Montana State Hemp Program" means a
				program to grow hemp under the regulation of the Montana Department of
				Agriculture for the purposes of complying with federal law.
(9) "Processing" means heating, mixing,
				grinding, separating, extracting, cutting, freezing, or otherwise physically or
				chemically altering hemp plants or plant parts from a raw, unaltered state or
				changing the physical characteristics of hemp plants or plant parts from a raw,
				unaltered state.
(10) "Research"
				means growing hemp in a manner which the resulting hemp may not conform to the
				USDA guidelines in some manner. This includes but is not limited to the use of
				a pesticide not approved for hemp, efforts to lower a cultivar's THC level
				through hybridization, or development of new cultivars which are not from
				certified seed. Research must be conducted with the intent of improving or
				expanding upon the genetics and/or cultivation practices of hemp.
(11) "State hemp license" means a license to
				grow hemp that shows the holder is in compliance with Montana state hemp laws.
				The holder is also responsible for obeying all applicable federal and tribal
				regulations.
(12) "Testing" means
				a testing for the amount of THC, pesticides, or other tests for legal
				compliance of departmental or federal regulations.
AUTH:
					 80-18-107,
					 MCA; IMP:
					 80-18-101,
					 80-18-102,
					 80-18-103,
					 80-18-106,
					 80-18-107,
					 80-18-110,
					 80-18-111,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.102 - APPLICATION FOR MONTANA STATE HEMP PROGRAM LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An applicant must:
(a) provide the information required by state
				law for a hemp license on the form provided by the department;
(b) apply to the department for participation
				in the program by May 30 for outdoor grows; application for greenhouse and
				indoor grows is open all year;
(c)
				pay all fees as established by rule; and
(d) consent to entrance of their property by
				the department to inspect their hemp fields.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.103 - MONTANA STATE HEMP PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) An applicant to
				the Montana State Hemp Program must:
(a) not
				be forbidden from participating by a federal agency and agree to a criminal
				background check;
(b) meet any
				additional requirements that the USDA or FDA places on the department for the
				continuation of the program;
(c)
				not grow Category D varieties listed in ARM
				4.19.108;
(d) apply to the department for participation
				in the program; and
(e) keep all
				records related to the planting, growing, harvesting, storage, destruction,
				distribution, sale and/or processing of hemp, and make those records available
				for inspection for a minimum of three years.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.104 - PROGRAM FEES

Current through Register Vol. 13, July 5, 2024
(1) The fee for a
				Montana State Hemp License is $1,100.
(2) The department may assess a processing
				fee of $100 for any late (postmarked or sent electronically) or incomplete
				documentation associated with the licensing process.
(3) The department may assess a change fee of
				$50 for a request for each new cultivar or location associated with a
				previously processed license application.
(4) The fee to license a research program
				under an existing license is $500 annually.
(5) The director may waive all or part of any
				of these fees, if there is sufficient money to perform the regulations of the
				hemp act without them. This waiver may be individual, institutional, or by
				category of hemp seed. The waiver must have a time limit in it when
				granted.
AUTH:
					 80-1-102,
					 80-18-107,
					 MCA; IMP:
					 80-18-102,
					 80-18-103,
					 80-18-106,
					 80-18-110,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.105 - LAB TESTING FEES

Current through Register Vol. 13, July 5, 2024
(1) The department
				will charge any licensee or law enforcement agency $250 per test for THC levels
				of a plant.
(2) Any lab approved by
				DPHHS for THC testing for medical marijuana may be used by hemp growers for THC
				testing.
(3) The department may
				approve third party testing providers.
AUTH:
					 80-18-107,
					 MCA; IMP:
					 80-18-102,
					 80-18-103,
					 80-18-106,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.106 - PENALTIES OR REVOCATIONS

Current through Register Vol. 13, July 5, 2024
(1) After notice to
				the licensee, the department may suspend a license and start an administrative
				hearing under MAPA for permanent revocation.
(2) The department may suspend or terminate
				the hemp license for any violation of county, state, or federal law. This will
				be done in a manner consistent with Section 297 of The Agricultural Marketing
				Act of 1946 as amended (2018).
(3)
				The department may reinstate the license if good cause is shown and a
				reinstatement fee is paid. The reinstatement fee is $450 for the Montana State
				Hemp Program license.
AUTH:
					 80-18-107,
					 MCA; IMP:
					 80-18-101,
					 80-18-103,
					 80-18-106,
					 80-18-107,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.107 - HEMP VARIETY

Current through Register Vol. 13, July 5, 2024
(1) Applicants must
				inform the department of varieties planted and the location of each variety by
				sending the information to the department.
(2) The department will send the full Montana
				State Hemp License for the year after receiving the required information from
				the applicant.
(3) The department
				recognizes a four-category system, found in ARM
				4.19.108, to illustrate the
				relative risk of hemp cultivars concerning THC levels.
(4) Persons distributing hemp seeds for
				planting must comply with the Montana Agricultural Seed and Patented Plant
				Material Act.
(a) A person whose name and
				address appear on the label of hemp seed sold in Montana, as required by
				80-5-123,
				MCA, shall obtain a seed labeler's license from the department before doing
				business in Montana;
(b) all
				facilities located in the state that condition hemp seed shall obtain a license
				from the department for each facility; and
(c) a person who sells hemp seed in Montana,
				whether from in-state or out-of-state shall obtain a seed dealer's license from
				the department for each place where seed is located or sold.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.108 - HEMP VARIETY CATEGORIES

Current through Register Vol. 13, July 5, 2024
(1) Categories will
				be as follows: Category A are certified varieties formally approved by the
				department, Category B are certified varieties approved by other states or
				countries at a level equivalent to the department, Category C are all other
				hemp cultivars that an applicant reasonably believes will not produce a plant
				with over 0.3 percent total THC at any time prior to harvest and are not in
				Category D, and Category D includes all cultivars forbidden by any federal law
				or regulation or added by rule by the department because of its inability to
				consistently produce hemp.
(2) A
				list of approved Category A and Category B varieties can be found on the
				department's website at
https://agr.mt.gov/Industrial-Hemp
.
				The list will be updated annually.
AUTH:
					 80-18-107,
					 MCA; IMP:
					 80-18-102,
					 80-18-103,
					 80-18-106,
					 MCA.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.109 - PROHIBITION ON GROWING BOTH HEMP AND MEDICAL MARIJUANA

Current through Register Vol. 13, July 5, 2024
(1) A licensed hemp grower in Montana may not
				grow both hemp and medical marijuana at the same location unless one is grown
				indoors and the other is grown outdoors or both are grown in separate buildings
				at the same location.
AUTH:
					 80-18-107,
					 MCA; IMP:
					 80-18-102,
					 80-18-103,
					 80-18-106,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.110 - HEMP SAMPLING

Current through Register Vol. 13, July 5, 2024
(1) The department
				is authorized to inspect and sample all lots of hemp to determine compliance
				with this Act.
(2) Properly
				licensed growers may self-sample to determine THC levels and to indicate trends
				in THC levels, but these samples will not be considered official
				samples.
AUTH:
					 80-18-107,
					 MCA; IMP:
					 80-18-102,
					 80-18-103,
					 80-18-106,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.111 - RESEARCH PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) A grower must
				apply for and receive a hemp research license, in addition to the standard hemp
				grower license, before being allowed to conduct research and cultivate hemp
				plants (excluding research already exempted in
				80-18-103(3),
				MCA) not intended for commercial use.
(2) The department may recognize certain lots
				or plants of hemp as research by a licensed grower provided the plants and
				plant parts:
(a) do not enter
				commerce;
(b) are not used for
				personal use or gain;
(c) are only
				grown indoors unless granted an exception from the department;
(d) are grown with the goal of establishing
				improved hemp genetics or other legitimate purposes approved by the
				department;
(e) are tracked and
				reported to the department beginning with the license application and
				throughout the licensing year; and
(f) shall be destroyed, other than seed for
				propagation used for further research and potential future genetics.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.112 - VOLUNTEER HEMP

Current through Register Vol. 13, July 5, 2024
(1) A grower must
				take reasonable steps to prevent or destroy volunteer hemp plants that arise
				and may be responsible for the costs to control plants that spread into nearby
				properties.
AUTH:
					 80-1-102,
					 80-18-107,
					 MCA; IMP:
					 80-18-103,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.1 - Hemp Definitions and License Applications › Rule 4.19.113 - INSPECTION AND LABORATORY FEES

Current through Register Vol. 13, July 5, 2024
(1) An
				additional laboratory testing fee of $250 will be charged for each additional
				sample tested.
(2) An additional
				inspection fee of $250 will be charged for each inspection conducted after the
				initial inspection.
AUTH:
					 80-1-102,
					 80-18-107,
					 MCA; IMP:
					 80-18-110,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.2 - Hemp Processing Definitions and License Applications › Rule 4.19.201 - HEMP PROCESSING LICENSE AND FEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-18-107,
					 MCA IMP:
					 80-18-102,
					 80-18-103,
					 80-18-107,
					 MCA