BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 4.18.101 through 4.18.106 and 4.18.112 pertaining to the Certified Natural Beef Cattle Marketing Program

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NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On July 26, 2019, the Department of Agriculture proposes to repeal 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 the Department of Agriculture no later than 5:00 p.m. on July 5, 2019, to advise us of the nature of the accommodation that you need. Please contact Chelsi Bay, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3156; fax (406) 444-5409; or e-mail agr@mt.gov.

 

3. The department proposes to repeal the following rules:

 

4.18.101 DEFINITIONS

 

AUTH: 80-11-801, MCA

IMP: 80-11-801, MCA

 

REASON: House Bill 51, sponsored by Representative Jacob Bachmeier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, repealed the Montana certified natural beef cattle marketing program. The program had a very low utilization rate since it was founded by the Legislature in 2007 and did not provide for any certification measures.

 

            4.18.102 APPLICATION AND PROGRAM AGREEMENT

 

AUTH: 80-11-801, MCA

IMP: 80-11-801, MCA

 

REASON: House Bill 51, sponsored by Representative Jacob Bachmeier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, repealed the Montana certified natural beef cattle marketing program. The program had a very low utilization rate since it was founded by the Legislature in 2007 and did not provide for any certification measures.

 

            4.18.103 PROGRAM REQUIREMENTS

 

AUTH: 80-11-801, MCA

IMP: 80-11-801, MCA

 

REASON: House Bill 51, sponsored by Representative Jacob Bachmeier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, repealed the Montana certified natural beef cattle marketing program. The program had a very low utilization rate since it was founded by the Legislature in 2007 and did not provide for any certification measures.

 

            4.18.104 RECORD KEEPING

 

AUTH: 80-11-801, MCA

IMP: 80-11-801, MCA

 

REASON: House Bill 51, sponsored by Representative Jacob Bachmeier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, repealed the Montana certified natural beef cattle marketing program. The program had a very low utilization rate since it was founded by the Legislature in 2007 and did not provide for any certification measures.

 

            4.18.105 INSPECTIONS AND AUDITS

 

AUTH: 80-11-801, MCA

IMP: 80-11-801, MCA

 

REASON: House Bill 51, sponsored by Representative Jacob Bachmeier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, repealed the Montana certified natural beef cattle marketing program. The program had a very low utilization rate since it was founded by the Legislature in 2007 and did not provide for any certification measures.

 

            4.18.106 FEES AND COSTS

 

AUTH: 80-11-801, MCA

IMP: 80-1-103, 80-11-801, MCA

 

REASON: House Bill 51, sponsored by Representative Jacob Bachmeier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, repealed the Montana certified natural beef cattle marketing program. The program had a very low utilization rate since it was founded by the Legislature in 2007 and did not provide for any certification measures.

 

            4.18.112 ENFORCEMENT

 

AUTH: 80-11-801, MCA

IMP: 80-11-801, MCA

 

REASON: House Bill 51, sponsored by Representative Jacob Bachmeier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, repealed the Montana certified natural beef cattle marketing program. The program had a very low utilization rate since it was founded by the Legislature in 2007 and did not provide for any certification measures.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing 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., July 5, 2019.

 

5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Cort Jensen at the above address no later than 5:00 p.m., July 5, 2019.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 1 person based on the Certified Natural Beef Cattle Marketing Program having 13 producers enrolled as of January 2019.

 

7. 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.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on May 22, 2019.

    

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal 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 May 28, 2019.