4.12.1427    INSPECTION FEES

(1) Regular shipping point inspection fees are as follows:

(a) All produce - 9.5 cents per unit.

(b) Inspection tags - 20 cents per tag.

(2) Cost Recovery: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the services and administration of the inspection program. Cost recovery charges may be necessary when the regular inspection fee is not applicable or adequate to cover the cost of the service provided.

(a) Cost Recovery charges may apply to all inspections involving:

(i) shipping point inspections of seed potatoes when the volume of work is less than 400 cwt per hour;

(ii) shipping point inspections of cherries, apples, and all other produce;

(iii) receiving inspections of any produce.

(b) Cost Recovery fees will include the produce inspection fee of 9.5 cents per unit and may include the hourly charge of the time required to conduct the inspection, the time required to prepare for the inspection, the time to complete any reports related to the inspection, and any time required for travel to and from the inspection.

(i) The hourly rate will be set by the department on an annual basis to ensure that all anticipated costs are recovered. In establishing the hourly rate, the department will consider the hourly wage of inspector(s) and program staff, benefits, administrative costs, and costs related to the department's cooperative agreement with USDA.

(c) Cost Recovery fees will include per diem and mileage per ARM Title 2, chapter 4.

(3) USDA Good Agricultural Practices (GAP) and Good Handling Practices (GHP) Audit Fee: GAP and GHP Audits will be on a first come, first served basis as auditing staff is available. GAP and GHP Audit fees will be applied when an applicant requests a mock audit or an audit review of practices based on the voluntary FDA Standards for Minimizing Microbial Contamination to Fresh Fruits and Vegetables or other audit-based standards as requested by the industry. The cost of such services will include:

(a) an hourly charge of the time required to conduct the inspection, the time required to prepare for the inspection, the time to complete any reports related to the inspection, and any time required for travel to and from the inspection.

(i) the hourly rate will be set by the department on an annual basis to ensure that all anticipated costs are recovered. In establishing the hourly rate, the department will consider the hourly wage of inspector(s) and program staff, benefits, administrative costs, and costs related to the department's cooperative agreement with USDA.

(b) per diem and mileage per ARM Title 2, chapter 4.

(4) Minimum fee per inspection - $50.00.

(5) All fees for services are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require payment of fees prior to providing inspection services.

History: 80-3-303, 80-3-315, MCA; IMP, 80-3-315, MCA; NEW, 1993 MAR p. 1636, Eff. 7/30/93; AMD, 2001 MAR p. 341, Eff. 2/23/01; AMD, 2004 MAR p. 312, Eff. 2/13/04; AMD, 2009 MAR p. 2365, Eff. 12/11/09; AMD, 2012 MAR p. 496, Eff. 3/9/12.