BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.12.1427, 4.12.1428, and 4.12.1429, relating to produce

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NOTICE OF AMENDMENT

 

            TO: All Concerned Persons

 

            1. On October 29, 2009, the Montana Department of Agriculture published MAR Notice No. 4-14-190 relating to the public hearing on the proposed amendment of the above-stated rules at page 1829 of the 2009 Montana Administrative Register, Issue Number 20.

 

            2. On November 23, 2009, the Montana Department of Agriculture held a public hearing on the proposed amendment of the above-stated rules.

 

3. The department has thoroughly considered the comments received. A summary of the comments received and the department's responses follow. All comments came from the Montana Potato Improvement Association (representing their industry):

 

COMMENT #1: They support the fee increase.

 

RESPONSE #1: No response necessary.

 

COMMENT #2: They think a more reasonable trigger for actual cost recovery is 400cwt/hour instead of 500 cwt/hour as the higher number is too tough on smaller producers.

 

RESPONSE #2: The department agrees and amended the final rule to reflect the 400 cwt/hour trigger.

 

COMMENT #3: They requested a change to the freeze tolerance from 1% back to 3%. The 1% is not a realistic measure for seed potatoes.

 

RESPONSE #3: The department agrees, but it is outside the scope of this rule and will be addressed with a rule change in the near future.

 

4. The department has amended ARM 4.12.1428 and 4.12.1429 exactly as proposed.

 

5. The department has amended ARM 4.12.1427 as proposed based on comment #2, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            4.12.1427 INSPECTION FEES (1) through (2)(a) remain as proposed.

(i) shipping point inspections of seed potatoes when the volume of work is less than 400 500 cwt per hour;

            (ii) through (5) remain as proposed.

 

DEPARTMENT OF AGRICULTURE

 

 

 

 

/s/ Ron de Yong                                                  /s/ Cort Jensen                                       

Ron de Yong, Director                                        Cort Jensen, Rule Reviewer

 

Certified to the Secretary of State, November 30, 2009.