BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.12.607, 4.12.608, and 4.12.609 pertaining to Fertilizer Regulations

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On February 22, 2018, at 10:30 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at 302 N. Roberts, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Agriculture no later than 5:00 p.m. on February 20, 2018, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail agr@mt.gov.

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

4.12.607 INVESTIGATIONAL ALLOWANCES AND OVERALL INDEX VALUE (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	0.7065
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) through (2) remain the same.

 

AUTH: 80-10-301, MCA

IMP: 80-10-206, MCA

 

Reason: The edit in ARM 4.12.607 is simply housekeeping.

 

4.12.608 QUARTERLY REPORTS BI-ANNUAL INSPECTION FEE STATEMENT AND FEE ASSESSMENTS (1) The Each in-state manufacturer, the registrant, or the 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 quarterly bi-annual statement on or before the 30th calendar day after the end of each quarter reporting period. The quarterly statement must specify the number of tons of each commercial fertilizer and/or soil amendment distributed in this state during the past quarter each 6-month period, and to whom it was distributed. A quarterly bi-annual statement is required even if no sales or distributions occurred in a particular quarter period. Specialty fertilizers, soil amendments not for agricultural use, and unmanipulated manures are exempt from the quarterly assessment fee and a quarterly bi-annual report is not required by persons distributing only these products.

            (2) through (2)(b) remain the same.

            (c) inspection fee of 10 cents per ton for agricultural soil amendments distributed when 50 tons or more are distributed during the quarter 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.

            (3) In the event the responsible party fails to file the quarterly bi-annual report within 60 days after the end of the filing period, the department may initiate proceedings to revoke registration of the responsible party's registered fertilizer(s). The failure to file a quarterly the bi-annual report shall be evidence of fraudulent or deceptive practice in the evasion of these rules.

            (4) remains the same.

 

AUTH: 80-10-207, MCA

IMP: 80-10-103, MCA

 

REASON: The reporting period updates in ARM 4.12.608 are to align rule with statutory amendments related to HB 131 during the 2017 legislative session. The changes related to "soil amendments for agriculture use" are to clarify current department practices.

 

4.12.609 SEMIANNUAL REPORTS TONNAGE STATEMENT (1) Each person who distributes commercial fertilizers and/or soil amendments (except specialty fertilizers and unmanipulated manures) 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 (except specialty fertilizers and unmanipulated manures), received during the six-month period and the amount of the ending inventory. 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) remains the same.

 

AUTH: 80-10-301, MCA

IMP: 80-10-207, 80-10-211, MCA

 

REASON: These changes are to clarify current department practices.

 

            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail agr@mt.gov, and must be received no later than 5:00 p.m., March 2, 2018.

 

5. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.

 

6 The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

7. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on January 16, 2018.

 

8. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Cort Jensen                                            /s/ Ben Thomas                              

Cort Jensen                                                 Ben Thomas

Rule Reviewer                                             Director

                                                                     Agriculture

           

Certified to the Secretary of State January 16, 2018.