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Montana Administrative Register Notice 4-14-206 No. 12   06/21/2012    
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BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through V relating to the State Sampling Program

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NOTICE OF ADOPTION

 

TO:  All Concerned Persons

 

            1.  On May 10, 2012, the Department of Agriculture published MAR Notice No. 4-14-206 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 935 of the 2012 Montana Administrative Register, Issue Number 9.

 

2.  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:  That every sampling request include a statement that it meets the minimum standards of claimant.

 

RESPONSE #1:  This is a redundant statement and creates unneeded paperwork as all requests must be made following a protocol approved by the department and the claimant.

 

COMMENT #2:  A rule stating a claimant or their agent must be allowed to sample if the department cannot for any reason do the sample.

 

RESPONSE #2:  This is outside the scope of the law and cannot be set in rule.

 

COMMENT #3:  That a claimant has to agree to all changes to a protocol not just a requester.

 

RESPONSE #3:  This is not necessary as the department ties each protocol to its creator.  In the rare event that the requester and the claimant are not the same as to a protocol or in the event of a different party wanting to use a modified established protocol, the department would view these as different protocols and if necessary double sample to two different protocols.

 

            3.  The department has adopted the following rules as proposed:  New Rule I (4.12.1808), II (4.12.1809), III (4.12.1810), IV (4.12.1811), V (4.12.1812).

 

DEPARTMENT OF AGRICULTURE

 

/s/  Ron de Yong                                                 /s/  Cort Jensen                                      

Ron de Yong, Director                                        Cort Jensen, Rule Reviewer

 

Certified to the Secretary of State, June 11, 2012.

 

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