BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.12.3104 and the adoption of NEW RULE I pertaining to Seed Rules

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND ADOPTION

 

TO: All Concerned Persons

 

           1. On December 8, 2023, at 10:30 a.m., the Department of Agriculture will hold a public hearing in Room 225 of Scott Hart Building, at Helena, Montana, to consider the proposed amendment and adoption 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 the Department of Agriculture no later than December 4, 2023 to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 302 N. Roberts St., Helena, Montana, 59620-0201; telephone (406) 444-5402; fax (406) 444-5409; TDD/Montana Relay Service (406) 444-3144; or e-mail agr@mt.gov.

 

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

 

4.12.3104 LABELING FOR SEED KIND AND VARIETY (1) Agricultural seeds must be labeled with kind and variety information as stated in this rule:

(a) The following agricultural seeds must be labeled to show kind and variety:

(i) barley;

(ii) bean, field;

(iii) beet, field;

(iv) canola;

(v) chickpeas (garbanzo beans);

(v) (vi)  corn, field;

(vi) (vii)  hemp;

(viii) lentils;

(vii) (ix)  oats;

(viii) (x)  peas, field;

(ix) (xi)  safflower;

(x) (xii)  soybean;

(xi) sunflower; and

(xiii) triticale; and

(xii) (xiv)  wheat.

(b) The following agricultural seeds shall be labeled to show the kind and variety name or the kind and the words "variety not stated" (VNS):

(i) alfalfa;

(ii) brome, smooth;

(iii) clover, crimson;

(iv) clover, red;

(v) clover, white;

(vi) corn, pop;

(vii) fescue, tall;

(viii) flax;

(ix) millet, foxtail;

(x) pea, forage;

(xi) rye;

(xii) sorghum;

(xiii) sorghum-sudan, hybrid;

(xiv) sudan grass; and

(xv) trefoil, birdsfoot.

(c) (b)  Any kind of agricultural seed not listed in (1)(a) or (b) above may be stated as labeled by just kind only or as by kind and variety.

(2) If the name of the variety is given, the name may be associated with the name of the kind with or without the words "kind and variety." The percentage in this case may be shown as "pure seed" and shall apply only to seed of the variety named. If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term "hybrid" shall be clearly associated with the respective percentages. When two or more varieties are present in excess of 5% and are named on the label, the name of each variety shall be accompanied by the percentage of each.

(2)  The words "kind" and "variety" are not needed so long as the actual variety name and kind are on the label.  If only one variety is present the term "pure seed" may be used.

(3)  When two or more varieties are present in excess of 5% and are listed on the label, the name of each variety must be accompanied by the percentage of each in the seed mix.

(4)  If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term "hybrid" must be clearly associated with the respective percentages.

 

AUTH: 80-5-139, MCA 

IMP: 80-5-123, MCA

 

Reason: At the request of the seed trade industry this list was modernized to include proper labeling options for the current crops of Montana consistent with what varietal information is needed to comply with intellectual property laws and concerns. ARM 4.12.3104(1)(b) was deemed redundant. ARM 4.12.3104(2) was written unclearly and reworded.

 

Economic Impact: The vast majority of the seed trade will have no direct financial impact from these changes. Some will have small amounts of savings or cost as they rework labels to comply with the added crops in (1)(a). The department will work with them to mitigate these costs.

 

4. The department proposes to adopt the following rule:

 

NEW RULE I GENUINE GROWER DECLARATION FORM (1) What is a genuine grower declaration form? A document required by state law when seeds are cleaned or conditioned that creates a written record to help comply with intellectual property laws.

(2) What is required in a genuine grower declaration form? The grower declaration must contain:

(a) a statement that the grower either grew the seeds or from whom they received them;

(b) the kind and variety of seed if known; and

(c) a signature by the person requesting seed cleaning.

(3) When is a genuine grower declaration form needed? Before any seed is cleaned or conditioned on equipment not owned by the farmer.

(4) Who keeps a copy of the genuine grower declaration form? Both the farmer and the business providing cleaning or conditioning services or rental equipment.

(5) Can the genuine grower declaration form be electronic? Yes.

(6) Must we use the genuine grower declaration form on the department's website? No. It is only an example. Each business can create a different form so long as it contains the requirements of this rule.

 

AUTH: 80-5-139, MCA

IMP: 80-5-134, MCA

 

Reason: House Bill 487 (2023) required the department to adopt a genuine grower declaration form at the request of the seed trade industry. We used the existing standard fields from the form that the industry had adopted from North Dakota with the expansion of allowing for seeds not grown by the farmer after the comments by the Senate Agricultural Committee.

 

Economic Impact: The costs of compliance with this law are anticipated to be close to zero as most in the trade use some version of this form all ready.

 

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, 302 N. Roberts St, Helena, Montana, 59620-0201; telephone (406) 444-5402; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., December 15, 2023.

 

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 paragraph 5 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, apply and the sponsor has been contacted.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and adoption 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

                                                                    Department of Agriculture

           

Certified to the Secretary of State November 7, 2023.