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Rule Title: ORGANIZATION AND FUNCTIONS
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Department: AGRICULTURE, DEPARTMENT OF
Chapter: ORGANIZATIONAL RULE
Subchapter: N/A
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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4.1.101    ORGANIZATION AND FUNCTIONS

(1) Organization of the department:

(a) The Department of Agriculture, as directed by the 1889 and 1972 Montana Constitutions, was implemented under the authority of the Executive Reorganization Act of 1971 by executive order of the Governor on December 9, 1971.

(b) The department has three divisions, each headed by an administrator, and consists of the following:

(i) Central Services Division;

(ii) Agricultural Development Division; and

(iii) Agricultural Sciences Division.

(c) The Director of Agriculture is appointed by the Governor subject to Senate confirmation, and is responsible for the administration of the department and its divisions.

(d) The board, committees, and councils attached to the department, for administrative purposes only, are the following:

(i) The Agriculture Development Council consists of seven members, including the directors of the departments of Agriculture and Commerce and is appointed by the Governor.

(ii) The Alfalfa Seed Committee consists of eight members including the Director of Agriculture and is appointed by the Governor.

(iii) The Montana Mint Committee consists of six members including the Director of Agriculture and is appointed by the Governor.

(iv) The Montana Wheat and Barley Committee consists of seven members and three designated ex officio nonvoting members, which includes the Director of Agriculture and is appointed by the Governor.

(v) The Board of Hail Insurance consists of five members which include the State Auditor and Director of Agriculture, who also serves as the secretary of the board and is appointed by the Governor.

(vi) The Montana Noxious Weed Summit Advisory Council consists of 12 members and is appointed by the Governor.

(e) The following committees and councils are created to advise the Department of Agriculture with respect to their respected subject matter:

(i) The Cherry Advisory Committee consists of five members and is appointed by the Director of Agriculture.

(ii) The Cooperative Agricultural Pest Survey Advisory Council is appointed by the Director of Agriculture.

(iii) The Noxious Weed Seed Free Forage Advisory Council consists of ten members and is appointed by the Director of Agriculture.

(iv) The Noxious Weed Management Advisory Council consists of 11 members and is appointed by the Director of Agriculture.

(v) The Organic Commodity Advisory Council consists of eight members including the director and is appointed by the Director of Agriculture.

(vi) The Pesticide Advisory Council consists of not more than 12 members and is appointed by the Director of Agriculture. This council is currently not active.

(vii) The Potato Advisory Committee consists of seven members and is appointed by the Director of Agriculture.

(viii) The Vertebrate Pest Management Advisory Council consists of eight members and is appointed by the Director of Agriculture. This council is currently not active.

(ix) The Pulse Advisory Committee consists of six members and is appointed by the Director of Agriculture.

(2) The functions of the department divisions are as follows:

(a) The Central Services Division performs the fiscal management, human resource, information systems, and administrative support functions for the department. Responsibilities include accounting, budgeting, payroll, personnel, purchasing, property control, data processing, systems analysis and computer programming, and equal opportunity administration. Included in this division is the director's office, which provides overall policy development for the department and provides legal support to all programs within the department.

(b) The Agricultural Development Division encourages and promotes agriculture market development and research including domestic and foreign market development. The division promotes and enhances Montana's agricultural economy and the economy of the state through investments in innovations in agricultural production, processing and marketing, and providing information and assistance to develop new and existing agribusinesses, and markets for agricultural products. The Montana Wheat and Barley Committee, Montana Agriculture Development Council, Board of Hail Insurance, Montana Alfalfa Seed Committee, Montana Potato Advisory Committee, Montana Cherry Advisory Council, and Montana Pulse Advisory Committee, the cooperative agreement with the United States Department of Agriculture Federal Grain Inspection Service, and the Agricultural Statistics Federal-State Cooperative Agreement are supported by the division.

(i) The Agricultural Development Division consists of the following four bureaus:

(A) The Rural Development Bureau is responsible for several rural development programs. The Agricultural Finance program provides financial assistance to lower income rural producers and youth in the form of loans, grants, and assistance for agricultural development and production from the assets of the former Montana Rural Rehabilitation Corporation. The Commodity Research and Market Development program enables producer voluntary check off program formation by referendum to encourage and promote scientific and practical research into all phases of agricultural commodity culture, production, and development of markets for commodities grown or produced in Montana. The Hail Insurance program offers insurance protection to crop producers against crop loss due to hail damage. The Beginning Farmer/Rancher Loan program is a tax-exempt bond program designed to assist beginning farmers and ranchers in the state of Montana to acquire agricultural property at lower interest rates. The Montana Agricultural Statistics program provides county, state, and various special agricultural statistics and corresponding reports are developed through a Federal-State Cooperative Agreement.

(B) The State Grain Laboratory Bureau, self funded through fees for services provided, provides official grain, commodity, and specialty crop inspection services as provided for in Title 80, chapter 4, part 7, MCA under a cooperative agreement with the United States Department of Agriculture Federal Grain Inspection Service.

(C) The Wheat and Barley Bureau, self funded by grain producers through a voluntary check off program, is responsible for promoting and encouraging intensive, scientific, and practical research into all phases of wheat and barley culture, production, and marketing under the guidelines and policies developed by the Montana Wheat and Barley Committee.

(D) The Agriculture Marketing and Business Development Bureau provides agribusiness and market development assistance, as well as coordinates the Montana Growth Through Agriculture program. The primary function is to promote and enhance Montana's agricultural economy and the economy of the state through agricultural development investments, agribusiness development, domestic and foreign trade activities, and assistance with agriculture product marketing.

(c) The Agricultural Sciences Division provides agricultural, public, and environmental services and protection through administration of the Montana laws and rules in the areas of pesticides, agricultural chemical ground water, noxious weeds, feeds, fertilizers, seed, grain commodity dealers, public warehousemen, nurseries, produce, mint, apiculture, alfalfa leaf-cutting bees, pest management survey, quarantines, and organic certification. Cooperative agreements with the U.S. Department of Agriculture (USDA), Food and Drug Administration (FDA), and Environmental Protection Agency (EPA) provide services and jurisdiction in the areas of interstate and international movement of plant materials and produce, monitoring of firms for animal drug use, certification of organic commodities and regulation of pesticide sales, use, and production in Montana.

(i) The Agricultural Sciences Division consists of the following four bureaus:

(A) The Commodity Services Bureau provides technical assistance, conducts field activities and ensures compliance with agricultural commodity related laws and regulations for the following agricultural entities: grain dealers and public warehousemen; animal feed, fertilizer, and anhydrous ammonia dealers; produce and seed businesses; and organic producers and handlers. Bureau services include education and training; inspection, sampling and analyses; biological laboratory analysis and identification; auditing and assessments; certifications; and compliance assistance and enforcement.

(B) The Laboratory Bureau is part of a jointly operated analytical laboratory which is managed as a single unit based upon the Cooperative Agreement between the Montana Department of Agriculture (MDA) and the Montana State University Agriculture Experiment Station (MSUAES). The functions of MDA Lab Bureau and the MSUAES laboratory are similar; however, their primary analytical purpose is different. The MDA portion of the laboratory is primarily regulatory to assist in the enforcement of Montana Feed, Fertilizer, Pesticide, and Agricultural Chemical Ground Water Protection Acts analyzing formulation, residue, and product samples. The MSUAES portion provides analytical services to farmers, ranchers, researchers, and other state and federal agencies on a fee basis.

(C) The Technical Services Bureau is given broad responsibility for providing pesticide and groundwater management services to the general public, agricultural producers, and industry groups. Bureau personnel plan, develop, and manage services which include licensing and registration of services and products, training, groundwater, agri-chemicals, threatened and endangered species, vertebrate pest, and compliance assistance and enforcement of laws and regulations.

(D) The Pest Management Bureau provides regulatory and public services pertaining to noxious weed control; apiculture; pest detection and quarantine; nursery stock production, sales and shipping; and certification for agricultural commodities. The bureau manages the Noxious Weed Trust Fund Grant Program and the Noxious Weed Seed Free Forage Program and assists in noxious weed management coordination statewide. Bureau services include pest identification, sampling and analysis, photosanitary certificates, compliance assistance and enforcement of laws and regulations.

(3) General inquiries regarding the department may be addressed to the director. Specific inquiries regarding the functions of each division or committee may be addressed to the administrator of the division. All requests for hearings, declaratory rulings, and for the participation in rulemaking may be addressed to the director unless the notice in the Montana Administrative Register makes specific provision for submission or requests.

(4) The addresses of the director and each division administrator are as follows:

 

Department of Agriculture

Ron de Yong, Director

Agriculture/Livestock Building

303 N. Roberts Street

P.O. Box 200201

Helena, Montana 59620-0201

 

Department of Agriculture

Agricultural Development Division

Joel A. Clairmont, Deputy Director/Administrator

Agriculture/Livestock Building

303 N. Roberts Street

P.O. Box 200201

Helena, Montana 59620-0201

 

Department of Agriculture

Central Services Division

Kathy Seacat, Administrator

Agriculture/Livestock Building

303 N. Roberts Street

P.O. Box 200201

Helena, Montana 59620-0201

 

Department of Agriculture

Agricultural Sciences Division

Gregory H. Ames, Administrator

Agriculture/Livestock Building

303 N. Roberts Street

P.O. Box 200201

Helena, Montana 59620-0201

 

(5) Descriptive charts of the Department of Agriculture are attached on the following four pages of this rule and by this reference are herein incorporated.

 

 

Department of Agriculture Producers, Consumers & Agricultural Industry Organizational Rule, March 2008
 

Department of Agriculture Central Services Division Functional Chart, March 2008

 

 

   

Department of Agriculture Agricultural Development Division Functional Chart, March 2008

 

Functional Organization Chart

MT Department of Agriculture
March 28

 

 

 

 

 

 

 

Department of Agriculture Agricultural Sciences Division Functional Chart, March 2008

 

 

History: 2-4-201, 2-15-112, 2-15-121, MCA; Eff. 12/31/72; AMD, Eff. 2/4/74; AMD, Eff. 11/3/75; AMD, Eff. 3/7/76; AMD, Eff. 8/4/76; AMD, Eff. 8/3/77; AMD, Eff. 6/30/79; AMD, Eff. 7/1/81; AMD, Eff. 6/30/84; AMD, Eff. 3/31/88; AMD, Eff. 12/31/89; AMD, Eff. 9/30/90; AMD, Eff. 7/1/91; AMD, Eff. 4/1/94; AMD, Eff. 5/2/95; AMD, Eff. 6/12/95; AMD, Eff. 6/30/98; AMD, Eff. 9/30/99; AMD, Eff. 12/31/01; AMD, Eff. 9/30/04; AMD, Eff. 12/31/04; AMD, Eff. 6/30/05; AMD, Eff. 3/31/08.


 

 
MAR Notices Effective From Effective To History Notes
6/30/2005 Current History: 2-4-201, 2-15-112, 2-15-121, MCA; Eff. 12/31/72; AMD, Eff. 2/4/74; AMD, Eff. 11/3/75; AMD, Eff. 3/7/76; AMD, Eff. 8/4/76; AMD, Eff. 8/3/77; AMD, Eff. 6/30/79; AMD, Eff. 7/1/81; AMD, Eff. 6/30/84; AMD, Eff. 3/31/88; AMD, Eff. 12/31/89; AMD, Eff. 9/30/90; AMD, Eff. 7/1/91; AMD, Eff. 4/1/94; AMD, Eff. 5/2/95; AMD, Eff. 6/12/95; AMD, Eff. 6/30/98; AMD, Eff. 9/30/99; AMD, Eff. 12/31/01; AMD, Eff. 9/30/04; AMD, Eff. 12/31/04; AMD, Eff. 6/30/05; AMD, Eff. 3/31/08.
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