BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to Pesticides

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

TO: All Concerned Persons

 

            1. On September 7, 2017, at 11:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts, Helena, Montana, to consider the proposed adoption of the above-stated rule.

 

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 September 4, 2017, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, PO Box 200201, Helena, Montana, 59620; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected].

 

3. The rule as proposed to be adopted provides as follows:

 

NEW RULE I ANNUAL PESTICIDE REGISTRATION FEE/SPECIAL NEEDS FEE (1)  The annual pesticide registration fee is $130.

(2)  The pesticide registration special needs fee is $8.

 

AUTH: 80-8-201, MCA

IMP: 80-8-201, MCA

 

REASON: The proposed rulemaking implements the new fee structure proposed by the legislature at the lowest range in hopes of creating adequate funding for the program. It is anticipated that it will generate $1.6 million a year which represents an increase of just under $600,000 revenue.  The number of active companies with pesticide products registered in Montana who will be affected by the proposed rulemaking is 1,900. There are 5,833 private applicators, 1,076 commercial applicators, and 789 government applicators.

 

            4. 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; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected], and must be received no later than 5:00 p.m., September 15, 2017.

 

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

 

6. 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 4 above or may be made by completing a request form at any rules hearing held by the department.

 

7. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on August 1, 2017.

 

8. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rule will significantly and directly impact small businesses. 

 

 

/s/ Cort Jensen                                            /s/ Ben Thomas      

Cort Jensen                                                  Ben Thomas

Rule Reviewer                                              Director

                                                                      Agriculture

           

Certified to the Secretary of State August 7, 2017.