BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.12.218, 4.12.219, 4.12.402, and 4.12.406 pertaining to feed and pet food regulations

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On February 22, 2018, at 10:00 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:

 

4.12.218 INSPECTION FEE (1)  The manufacturer or registrant of a commercial feed, except pet foods and specialty pet foods, shall pay to the department an inspection fee of 15 cents per ton on all commercial feeds, including custom mixed feeds, except pet foods and specialty pet foods distributed in this state. 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

 

REASON: This section in rule is simply being updated to be consistent with statute.

 

4.12.219 ADOPTION OF MODEL FEED AND PET FOOD REGULATIONS  (1)  The Montana department of agriculture hereby adopts and incorporates by reference the model feed regulations and model pet food as published in the 2000 official publication of the association of American feed control officials (AAFCO). The model feed regulations are found on pages 85 through 101 and the model pet food regulations are found on pages 113 through 122 of the official AAFCO publication.   A copy of the AAFCO model rules 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. 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

 

REASON: The department’s last reference and adoption of AAFCO regulations occurred in the year 2000 and did not include the terms and definitions. This rule amendment updates the reference and includes the terms and definitions.

 

4.12.402 PENALTIES (1) and (2) remain the same.

(a)  This section will be applied effective July 1, 2002.

 

AUTH: 80-9-103, 80-9-303, MCA

IMP: 80-9-303, MCA

 

REASON: The effective date is in the past and is no longer necessary.

 

4.12.406 ANALYTICAL ACTION LEVELS (1) through (4) remain the same.

(5)  Action levels 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	3025	40%	*
Vitamin A	30	45%	*

 

x = % guarantee

* no action level established

** applies only to rabbit feeds

 

(6)  This rule will be effective July 1, 2002.

 

AUTH: 80-9-103, 80-9-204, MCA

IMP: 80-9-303, MCA

 

REASON: The analytical variances (AV) for these analytes did not exist when AVs and Action Levels (AL) were adopted in 2002. The addition of these AVs allows the department to establish ALs for these analytes and adds more clarity for enforcement. The AV for copper is being updated to match AAFCO. The effective date is in the past and no longer necessary.

 

            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.