BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.12.3103 pertaining to Seed Labeling Rules and Viability Information

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On September 8, 2017, the Department of Agriculture published MAR Notice No. 4-17-241 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1445 of the 2017 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:

 

4.12.3103 VIABILITY INFORMATION (1) remains as proposed.

      (2) Seed sold or offered for sale must have current viability information as required by 80-5-134(1)(d), MCA. Seed shall not be sold more than 15 12 months after the calendar month and year in which the test for the viability information for that seed was completed except grass seed sold for lawn, landscaping, or ornamental purposes may be up to 15 months.

      (3) remains as proposed.

      (4) A seed dealer may use the label of the seed labeler without changing the name for a period of 15 12 months (15 months for grass seed) following the month in which the viability test was completed, provided that label complies with the Montana labeling requirements and that it is attached to the original container. After this period, viability information must be updated.

      (5) remains as proposed.

 

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: The request to change the viability information and time frame should only be for a "lawn" grass seed and not field crops. The financial risk for field crops does not justify the longer viability window.

 

RESPONSE #1: The department agrees and corrected ARM 4.12.3103 to reflect that the new 15-month viability time frame is only for lawn, landscaping, or ornamental grass. The change does not represent a significant change to those affected by the rule.

 

 

/s/ Cort Jensen                                            /s/ Ben Thomas                                          

Cort Jensen                                                 Ben Thomas

Rule Reviewer                                             Director

                                                                    Agriculture

           

Certified to the Secretary of State November 13, 2017.