4.17.112    SAMPLING

(1) The department or contract inspectors will collect samples of soil, products, or agricultural inputs from randomly or systematically selected operations certified by the department. The department will collect samples when there is reason to believe, based on observation or information received, that land, an input, or product came into contact with a prohibited substance or that excluded methods were used. Inspectors may collect samples as part of the routine annual organic inspection or recommend sampling by the department.

(2) All certified operations are subject to 7 CFR 205.670, which specifies that the department or the Agricultural Marketing Service (AMS) administrator may require preharvest or postharvest testing of any agricultural input used or agricultural product to be sold, labeled, or represented as organic.

(3) The department will analyze samples for prohibited substances or for evidence of use of excluded methods. Pesticide and fertilizer analyses will be conducted whenever possible by the Montana Department of Agriculture Analytical Laboratory.

(4) Sampling and analyses will be at the expense of the department provided that revenues from application fees and assessments may be used to fund the sampling program. Inspectors will not be charged for samples taken as part of an organic inspection or investigation.

(5) All results of analyses will be provided to the administrator, AMS, United States Department of Agriculture; the certified operation or applicant; and the public on request. The department may publish a yearly summary of sample results.

(6) Applicants for certification and certified operations will be provided with a receipt for any samples collected by the department or contract inspectors.

History: 80-11-601, MCA; IMP, 80-11-601, MCA; NEW, 2003 MAR p. 2848, Eff. 12/25/03.