BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULES I through VI pertaining to hemp definitions and license applications

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NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

1. On January 20, 2017, the Department of Agriculture published MAR Notice No. 4-17-237 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 114 of the 2017 Montana Administrative Register, Issue Number 2.

 

2. The department has adopted the following rules as proposed: New Rule I (4.19.101), New Rule II (4.19.102), New Rule III (4.19.103), New Rule IV (4.19.104), and New Rule VI (4.19.106).

 

3. The department has adopted the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

          NEW RULE V (4.19.105) LAB TESTING FEES  (1)  The department will charge any licensee or law enforcement agency $100 250 per test for THC levels of a plant.

(2)  The department may approve third party testing providers.

 

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: The fee for hemp testing is too low given the methodology the department plans to use.

 

RESPONSE #1: The fee was adjusted in New Rule V (4.19.105) to reflect the actual cost.

 

COMMENT #2: Who pays for testing–the grower or the requester of the test?

 

RESPONSE #2: The party who requested the test must pay for it, so the grower only pays if they are the requester of the test.

 

COMMENT #3: If the federal government changes its rules/laws, will the department change its fee structures?

 

RESPONSE #3: Yes, if the change would result in the fee not reflecting the regulatory cost, the department would propose new fees by rule.

 

COMMENT #4: What if I wish to grow hemp, but not be in the pilot program?

 

RESPONSE #4: You would still need the state license. If you are not in the pilot program and you are growing hemp, you may be in violation of federal law.

 

COMMENT #5: (by multiple people) I support the program and encourage the department to implement and promote it.

 

RESPONSE #5:  No response is necessary.

 

 

/s/ Cort Jensen                          /s/ Libbi Lovshin              

Cort Jensen                                Libbi Lovshin

Rule Reviewer                            Administrator

                                                   Agriculture

         

Certified to the Secretary of State February 27, 2017.