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Rule Title: FEES
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Department: AGRICULTURE
Chapter: NOXIOUS WEED MANAGEMENT
Subchapter: Noxious Weed Seed Free Forage
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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4.5.313    FEES

(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. State mileage and per diem rates may also be assessed by the department or its agents.

(2) Fees charged are payable to the department or its agent:

(a) at the time of inspection; or

(b) by special arrangement made for payment through a written agreement with the department or its agent.

(c) If additional inspections are required because of weather operation delays or other related problems, the discretion of whether to charge an additional inspection fee will be left to the department or its agent.

(3) Agents must submit a copy of the department completed inspection form and submit $2.25 per acre or $22.50 minimum inspection fee, whichever is greater, by September 15 of each year to ensure that the persons producing certified forage will be included on the NWSFF producer list.

(4) If the fee is not paid or a person improperly pays any fee or assessment under the provisions of 80-7-921, MCA, the department or its agent will not provide further services.

(5) An inspection fee of $44.00 per hour or an $88.00 minimum charge per facility per inspection will be charged to manufacturers of certified processed pellets using noncertified forage in the process and certified grain concentrates harvested from noncertified fields that are mechanically cleaned of noxious weed seed. State mileage, per diem, and lodging may also be assessed by the department or its agents when conducting in-state facility inspections. Actual costs associated with out-of-state facility inspections will be assessed by the department or its agents. Costs may include, but are not limited to, airfare, vehicle rental, state mileage, per diem, and lodging. The manufacturer shall document the tons of grain concentrate or pellets processed and submit the document to the department on or before January 30 for the previous year's production.

(6) A record of grain concentrates or the pellets produced from noncertified forage shall be retained for two years.

(7) The cost for grain concentrate analysis shall be paid by the manufacturer. The product marker (label) will be provided by the department.

(8) Only product markers provided by the department or its agents may be used. Fees for markers are as follows:

(a) Twine will be $50/unit;

(b) Tags will be $0.50/tag;

(c) Labels for grain concentrates, pellets, and cubes will be $0.40/label;

(d) Labels for in-state grain concentrates, pellets, and cubes made from certified noxious weed seed free materials that have already been assessed field inspection fees specified in ARM 4.5.313(1), will be:

(i) $0.15/adhesive label; or

(ii) $0.25/weather and tear resistant sewn-in label;

(e) Labels for in-state bulk grain concentrates, pellets, and cubes will be $0.20/50 pounds; and

(f) Ties will be provided by the department at no cost.

History: 80-7-907, MCA; IMP, 80-7-905, 80-7-907, 80-7-908, MCA; NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2006 MAR p. 1246, Eff. 5/19/06; AMD, 2013 MAR p. 2071, Eff. 11/15/13; AMD, 2014 MAR p. 499, Eff. 3/14/14; AMD, 2015 MAR p. 1479, Eff. 9/25/15.


 

 
MAR Notices Effective From Effective To History Notes
4-14-227 9/25/2015 Current History: 80-7-907, MCA; IMP, 80-7-905, 80-7-907, 80-7-908, MCA; NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2006 MAR p. 1246, Eff. 5/19/06; AMD, 2013 MAR p. 2071, Eff. 11/15/13; AMD, 2014 MAR p. 499, Eff. 3/14/14; AMD, 2015 MAR p. 1479, Eff. 9/25/15.
4-14-216 3/14/2014 9/25/2015 History: 80-7-907, MCA; IMP, 80-7-905, 80-7-907, 80-7-908, MCA; NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2006 MAR p. 1246, Eff. 5/19/06; AMD, 2013 MAR p. 2071, Eff. 11/15/13; AMD, 2014 MAR p. 499, Eff. 3/14/14.
4-14-213 11/15/2013 3/14/2014 History: 80-7-907, MCA; IMP, 80-7-905, 80-7-907, 80-7-908, MCA; NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2006 MAR p. 1246, Eff. 5/19/06; AMD, 2013 MAR p. 2071, Eff. 11/15/13
5/19/2006 11/15/2013 History: 80-7-907, MCA; IMP, 80-7-905, 80-7-907, 80-7-908, MCA; NEW, 1996 MAR p. 1361, Eff. 5/24/96; AMD, 2004 MAR p. 311, Eff. 2/13/04; AMD, 2006 MAR p. 1246, Eff. 5/19/06.
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