BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.13.1001B pertaining to State Grain Lab Fee Schedule

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

            1. On September 8, 2023, the Department of Agriculture published MAR Notice No. 4-23-280 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 927 of the 2023 Montana Administrative Register, Issue Number 17.

 

2. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

4.13.1001B GRAIN FEE SCHEDULE (1) through (11) remain as proposed.

(12)  Pulse and Processed Commodity Fee Schedule under the Agricultural Marketing Act (AMA):

(a)  Effective Date: The effective date of this rule is January 1, 2024.

(b)  General Provisions:  General provisions applying to all sections of this rule are as follows, including hourly rate, overtime and holiday rates.

(c)  Fees for official services provided under the Agricultural Marketing Act of 1946 (AMA) as amended:

(d)  Sampling Fees: Sampling fees for grade or phytosanitary certification:

(i)  Bulk Samples: Bulk samples from boxcars, hopper cars, truck/trailers…………………………………………………………………$18.00 17.40 per unit

(A)  Additional probes (in addition to original sampling charges)................................................................................................$ 18.00 17.40 per unit

(ii)  Sealing: Metal Seals

DT or Probe per Seal; Additional Labor and hourly charges may apply…………………………………………………………………………..$3.00 2.90 per seal

Supervise elevator personnel applying seals (recording seals on certificate)……………………………………………………………………..$4.80 $4.64 per unit

The Montana State Grain Laboratory is not responsible for the seals after Montana State Grain Laboratory personnel leave the applicant's property.  It is the applicant's responsibility to confirm that all seals have been applied by Montana State Grain Laboratory personnel to their satisfaction.

(iii)  Bagged Lots: bagged lots or totes………………………………Hourly Rate

(e)  Inspection Fee:

(i)  Grade Only:  grade only per lot or submitted sample: field run………………………………………………………………………..$28.80 $27.84 per sample

(ii)  Grade Only:  grade only per lot or submitted sample: other than field run...................................................................................................$24.00 $23.20 per sample

(iii)  Single Factor Determination:  one factor only determination…….......$8.40 $8.12

(iv)  Additional:  additional statements, factors, or results as requested by the applicant…………………………………………………………………….$6.00 $5.80 per factor

(f)  Composite Sample Preparation (per sample in composite)………………………………………………………………...$1.50  $1.45 per sample

(i)  Composite Sample Preparation (per sample, if requested after grade)………………………………………………………………..…….$3.30 $3.19 per sample

(ii)  Seed Count per Ounce……………………………………….$6.00 $5.80 per ounce

(iii)  Return shipping and handling post grading (not to exceed $30/month)………………………………………………………………..$3.60 $3.48 per sample

(g)  Laboratory Analysis Fee:

(i)  Falling Number Determinations:  falling number determination for wheat…………………………………………………………………….$21.60 $20.88 per sample

(h) Commodity Cooperative Service Agreement Fees. In addition to all other applicable fees, commodity cooperative service agreement fees for commodity inspection services (pulses, hops, and miscellaneous processed commodities), excluding rice, will be assessed at the current percentage rate identified in FGIS Directive 9180.74 (Service Fees and Billing Codes, Attachment 4.) The assessed fees must exclude travel, mailing expenses, and state and local taxes. Invoices will identify assessed commodity cooperative service agreement fees as separate line items.

(13) remains as proposed.

 

AUTH: 80-4-403, 80-4-721, MCA

IMP:     80-4-721, MCA

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT 1: FGIS commented that they now require the federal portion of fees to not be listed in the total fees and our rules should reflect that.

 

RESPONSE 1: As that is the way the federal agency needs to be and as it will have no financial impact on those who pay the fees, the department is amending and adopting the rule to align with the federal regulatory agency's requirements.

 

 

/s/ Cort Jensen                                           /s/ Christy Clark                              

Cort Jensen                                                Christy Clark

Rule Reviewer                                             Director

                                                                    Department of Agriculture

           

Certified to the Secretary of State November 7, 2023.