BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.6.601 and 4.12.1031 and the repeal of 4.19.201 pertaining to hemp

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On July 14, 2022, at 11:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at 302 N. Roberts in Helena, Montana, to consider the proposed amendment and repeal 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 July 19, 2022, 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; TDD/Montana Relay Service (406) 444-3144; or e-mail [email protected].

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            4.6.601 MONTANA HEMP ADVISORY COMMITTEE (1)  The committee shall be an consists of at least five and no more than eight member committee consisting of six voting members involved in the production of hemp within the prior three years, one non-voting processing industry representative, and one non-voting representative from the Montana State University System.

            (2)  A majority of the committee members must be hemp "producers" per 80-11-510(3), MCA.  Producer is defined in 80-11-503(5), MCA.

            (3)  Appointment terms shall be made at the director's discretion and reviewed annually.

 

AUTH: 80-11-504, MCA

IMP: 80-11-510, MCA

 

REASON: Reducing the minimum number of committee members will yield cost savings while allowing for flexibilities should the total amount of checkoff dollars collected warrant a full-size committee. Currently, the hemp checkoff funds do not constitute a sum large enough to justify the costs of an eight-member committee meeting.  With three fewer members, the Hemp Advisory Committee is projected to save $200 per meeting.

 

4.12.1031 OTHER COMMODITIES (1) In addition to those specified commodities in 80-4-402, MCA, the following crops are commodities for all purposes:

(a) pulse crops including but not limited to peas, dried peas, chickpeas, and lentils; and

(b)  beans; and

(c) hemp.

(i) Hemp is an oil crop seed commodity covered under the provisions of 80-4-402, MCA, and ARM Title 4, chapter 19, subchapter 1. 

 

AUTH: 80-4-402, MCA

IMP: 80-4-402, 80-4-501, 80-4-601, 80-4-704, 80-18-103, MCA

 

REASON: The hemp marketplace has not matured to a point where businesses can reasonably comply with the commodity dealer law.  Due to ARM 4.19.202 pertaining to hemp processing for a commodity dealer having been in effect for the past three years, no changes to costs in business are expected.  Hemp may be added to the list of other regulated commodities again in the future if need be.

 

4. The department proposes to repeal the following rule:

 

4.19.201 HEMP PROCESSING LICENSE AND FEE

 

AUTH: 80-18-107, MCA

IMP: 80-18-102, 80-18-103, 80-18-107, MCA

 

REASON: This rule has expired.  As written, the ARM 4.19.201 applied in 2019 and 2020 only.  There is no cost associated with this repeal.

 

            5. 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) 444-5402; fax (406) 444-5409; or e-mail [email protected], and must be received no later than 5:00 p.m., July 22, 2022.

 

6. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.

 

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 6 above or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Cort Jensen                                           /s/ Christy Clark                              

Cort Jensen                                                Christy Clark

Rule Reviewer                                            Director

                                                                    Agriculture

           

Certified to the Secretary of State June 14, 2022.