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montana department of agriculture

(4) All baled forage sold by a producer to a second party (such as a retail outlet) for resale must be accompanied by the original transportation certificate. (2) Forage identification markers and transportation certificates will be sold and distributed by the department or its agents. $1,000. (a) Violate any lawful order, stop sale, use or removal order; or condemnation action; (b) to certify or sell or advertise as certified, as noxious weed seed free any forage as free from noxious weed seed within the state, unless forage is identified under a department approved process of certification; (c) to transport into, offer for sale, sell or use forage as noxious weed seed free, from another state, province, or country, unless the forage meets state certification standards or is allowed by an agreement between the department and another government agency; (d) for a public utility or a local, county, state or federal agency to use forage products that have not been certified which may include but are not limited to: mulches, bedding materials and erosion control barriers; (e) for public utilities, local, county, state or federal agencies to use seed for reclamation purposes that is not free of noxious weed seeds and certified according to Title 80, chapter 5, MCA; (f) to improperly pay any application or certification fee or refuse to pay for any inspection fees or department approved identification markers; (g) for an agent to falsify a certificate of inspection; (h) for an agent to improperly deposit, collect or use any certificate or inspection fees or fail to document and submit any required records to the department; (i) to transport certified forage in a restricted area without a transportation certificate or identification markers; (j) to falsify or alter a transportation certificate; (k) for an agent to violate any provisions of a contract with the department.

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 7, part 9, MCA, or any adopted rule thereunder has occurred, it may initiate a civil penalty action pursuant to the Montana Administrative Procedure Act.

; Renewals: Producers: Submit application, sales reports and updates and all fees by March 15. 80-7-910. (5) Field inspection must be made within seven days prior to harvest. If compliance is not obtained within 30 days, the department may begin proceedings for condemnation. (1) A person shall make an annual application to the department for certifying forage. (1) A field inspection fee of $4.50 per acre or a $45 minimum charge per field for forage inspection will be charged to the person for whom the forage was inspected. (e) The forage material from (2) (d) must be repelleted using steam and temperature in the process. The application shall be valid from the date of issuance through December 31 of that calendar year. Except as provided in, , the council is subject to the provisions of, (1) There is a state noxious weed forage account in the state special revenue account. http://leg.mt.gov/BILLS/MCA_toc/index.htm, (1) "Advisory council" means the Montana noxious weed seed free forage advisory council. (2) The regional forage certification program includes additional noxious weeds that have been so designated by other states and provinces. (2) The agent is responsible for completing the top of the inspection form (or the agent may allow the producer to complete) with the following applicant information: (b) producer name and address, including zip code; (c) producer telephone and, if available, their fax number; (i) the producer identification number shall include the following, in the order stated, state, county, producer number and year forage harvested; (f) general description of the field and/or legal description. (1) provide for administration and enforcement of this part; (3) authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations that are required for administering the provisions of this part; (4) become a member of and purchase membership in trade organizations and subscribe to and purchase trade bulletins, journals, and other trade publications; (5) plan and conduct publicity and promotional campaigns to increase the incentives to use Montana forage that is free of noxious weed seed and to make publicity and promotional contracts and other agreements as necessary; (6) establish certification standards and processes for forage and byproducts of forage and determine if processed forage byproducts are noxious weed seed free, based upon field of origin or verification that the production process has destroyed the viability of noxious weed seeds; (7) establish fee assessments and accept other funds to make the certification program financially self- supporting; (8) establish a standard range of variances or tolerances for noxious weed seeds in different forage subject to certification as noxious weed seed free, based upon scientific and operational considerations; (9) administer rules and orders to be adopted for the exercise of its power and the performance of its duties, in accordance with Title 2, chapter 4; (10) cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or the United States government, and enter into contracts or agreements with organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity, reciprocity, and enforcement of this part; (11) hire employees and designate authorized agents to conduct certification inspections, investigations, and sampling and to collect evidence of possible violations of this part; and.

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