Current through Register Vol. 18, September 20, 2024
(1) Effective Date:
The effective date of this rule is January 1, 2024.
(2) General Provisions: These General
provisions applying to all sections of this rule are as follows:
(a) Service Hours: Normal office hours are
8:00 a.m. to 5:00 p.m. Monday through Friday. All other hours and holidays will
be considered overtime.
(b)
Sampling Hours: Sampling hours are 8:00 a.m. to 5:00 p.m. Monday through
Friday. An applicant must place service requests with the inspection office by
10:00 a.m. during regular hours for same day inspection/sampling services. All
requests for sampling services to be performed outside of normal business hours
must be received by 2:00 p.m. of the preceding business day. Sampling services
requested to be performed outside of normal office hours, including holidays,
will be charged overtime.
(c)
Regular Hourly Rate: The regular hourly rate for travel time and stand-by fee
is $60 per hour per individual assessed in half-hour intervals with a minimum
of two hours charged.
(d) Overtime
and Holiday Hourly Rate: Overtime and holiday hourly rate is $90 per hour per
individual assessed in half-hour intervals. A minimum four-hour charge will be
assessed except when before or for a continuation of a regular work day, then
actual overtime hours will be charged.
(e) Holidays: Holidays are as adopted in
1-1-216, MCA. (e.g., New Year's
Day, Martin Luther King Jr. Day, President's Day, Independence Day, Labor Day,
Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.)
(f) Mileage and Travel Fees: Mileage, travel
time, and travel expenses are as follows:
(i)
Mileage Fee: Mileage charges shall be assessed per
2-18-501, MCA for State employees
which is equal to the United State Internal Revenue Service (IRS) mileage
allotment. Any change to the mileage rate is effective when the IRS changes
their standard mileage rate. The mileage charges will be prorated where
possible.
(ii) Hourly and Overtime
Rate: For each trip requested, the applicant will be charged at the regular
hourly rate, except when work is conducted while in overtime status or on
holidays. Work conducted while in overtime status or on holidays will be
charged at the overtime rate, prorated where possible.
(iii) Travel Expenses: Travel expenses (as
defined by Montana Operations Manual Travel Policy with Rates) including but
not limited to per diem, lodging, and mileage will be assessed to the applicant
in addition to other fees and charges.
(iv) Staffing: Montana State Grain Laboratory
will determine the number of personnel to properly provide the service
requested. To assure personal safety, Montana State Grain Lab may suspend
sampling services due to inclement weather conditions as well as sampling rail
cars at night with insufficient lighting, or other potentially hazardous
conditions.
(v) Observation: In
order to provide official services, Montana State Grain Lab must be physically
able to observe elevator personnel sampling and/or sealing a railcar.
(3) Miscellaneous Fees:
(a) In case of a data entry or typographical
error, a corrected certificate will be issued without a fee.
(b) Postage: Actual postage or delivery
service charges will be added to sampling and other fees.
(c) Special Requests: Requests for services
not covered by this rule will be performed at the applicable hourly rate stated
herein plus mileage and travel time if applicable.
(4) Sanitation Inspection: A base fee of $100
will be charged per inspection in addition to the applicable hourly rate stated
herein plus mileage and travel charges.
(5) Diverter Inspection: A base fee of $120
will be charged per inspection in addition to the applicable hourly rate stated
herein plus mileage and travel charges.
(a)
Base fee is $600 for certification of new diverters.
(6) Payment of Fees and Charges: All
department fees and charges for services rendered are due within thirty days of
the statement date. Finance charges of $30 per month shall accrue on any
balance owed after thirty days of the statement date. If the department does
not receive payment within thirty days, services may be withheld until the
delinquent account is paid; or cash payment for the subsequent services may be
required.
(7) Retests/Reinspections
based on a File Sample and/or New Sample: will cost the same as the original
test/inspection.
(8) Export
Documentation Request: Processing and handling fee for sample preparation and
export documentation............$9.00 per request
(9) FGIS Administrative Tonnage Fees: In
addition to all other applicable fees, FGIS administrative tonnage fees for
export grain shipments inspected and/or weighed, excluding land carrier
shipments to Canada and Mexico, will be assessed at the current per metric ton
rate identified by FGIS Directive 9180.74 Service Fees and Billing Codes,
Attachment 1. Invoices will identify assessed administrative tonnage fees as
separate line items per applicable carrier/unit type.
(10) FGIS Supervision Fees: In addition to
all other applicable fees, FGIS supervision fees for domestic U.S. grain
shipments inspected and/or weighed, including land carrier shipments to Canada
and Mexico, will be assessed at the current per metric ton rate identified by
FGIS Directive 9180.74 Service Fees and Billing Codes, Attachment 2. Invoices
will identify assessed supervision fees as separate line items per applicable
carrier/unit type.
(11) United
States Grain Standards Act (USGSA) Fees for official services under the United
States Grain Standards Act (USGSA) as amended.
(a) Effective Date: The effective date of
this rule is January 1, 2024.
(b)
General Provisions: General provisions applying to all sections of this rule
are as follows:
(c) Official Lot
Inspection: Official lot inspection sampling with grade, on bulk, boxcar,
hopper car, or truck/trailer, per request, sampling and grade only:
(i) Level One: Level one official sampling
service when the State Grain Laboratory furnishes the sampling
crew..............$25.00 per unit
(ii) Level Two: Level two official sampling
service when the State Grain Laboratory furnishes a licensed sampler to write
identification tickets, supervise elevator employees while sampling and seal
samples for delivery to the State Grain
Laboratory..........................$18.00 per unit
(iii) Sampling Only: Sampling only (does not
include grade) on bulk, boxcar, hopper car or truck/trailer, per request, (all
grains)..........$15.00 per unit
(A)
Additional Probes (in addition to original sampling
charges)..........................$15.00 per unit
(iv) Stowage Examination: Stowage
examination...............$8.00 per unit
(v) Sealing Railcars: (Metal Seals) DT or
Probe Railcars per Seal, Additional Labor and hourly charges may
apply.................$2.50 per seal
Supervise Elevator Personnel applying seals (recording seals
on certificate)............................$4.00 per unit
(vi) The Montana State Grain Laboratory is
not responsible for the seals after Montana State Grain Laboratory personnel
leave the applicant's property. It is the applicant's responsibility to confirm
that all seals have been applied by Montana State Grain Laboratory personnel to
their satisfaction. In excess of one hour, the hourly rate applies.
(d) Submitted Sample Inspection:
inspection includes DKT (damaged kernels total) identified, FM (foreign
material) identified, SHBN (shrunken and broken kernels), and DEF (total
defects).
(i) Submitted Canola Samples
.............$16.00 per sample
(ii)
Submitted Spring Wheat (includes DHV testing)....$13.00 per sample
(iii) Submitted (other USGSA sample)
.........$10.00 per sample
(e) Laboratory Analyses Fee:
(i) Protein Test: Near Infrared Transmittance
(NIRT) on wheat, barley, and corn.............................$7.50 per
sample
(ii) Single Factor
Determination: Factor only determination ......$7.00
(iii) Additional: Additional statements,
factors, or results as requested by the applicant including the absence of
particular allergens in visible form .......$5.00 each
(iv) Malting Barley Analysis: Malting barley
analysis includes actual percent of plump barley, skinned and broken kernels,
and thin barley, per request ...............................$5.00 per
sample
(v) Mycotoxin: per
quantitative analysis test.............$50.00 per sample
(vi) Composite Sample Preparation (per
sample, in composite)...........................$1.25 per sample
(vii) Composite Sample Preparation (per
sample, if requested after grade).............................$2.75 per
sample
(viii) Return shipping and
handling post grading (not to exceed $30/month)..........................$3.00
per sample
(f) Official
Commercial Services performed under the USGSA:
(i) Official commercial inspection services
and fees may be negotiated on a case-by-case basis.
(12) Pulse and Processed Commodity
Fee Schedule under the Agricultural Marketing Act (AMA):
(a) Effective Date: The effective date of
this rule is January 1, 2024.
(b)
General Provisions: General provisions applying to all sections of this rule
are as follows, including hourly rate, overtime and holiday rates.
(c) Fees for official services provided under
the Agricultural Marketing Act of 1946 (AMA) as amended:
(d) Sampling Fees: Sampling fees for grade or
phytosanitary certification:
(i) Bulk Samples:
Bulk samples from boxcars, hopper cars,
truck/trailers.........................$17.40 per unit
(A) Additional probes (in addition to
original sampling
charges)................................................................................................$17.40
per unit
(ii) Sealing:
Metal Seals
DT or Probe per Seal; Additional Labor and hourly charges may
apply..............................$2.90 per seal
Supervise elevator personnel applying seals (recording seals
on certificate)............................$4.64 per unit
The Montana State Grain Laboratory is not responsible for the
seals after Montana State Grain Laboratory personnel leave the applicant's
property. It is the applicant's responsibility to confirm that all seals have
been applied by Montana State Grain Laboratory personnel to their
satisfaction.
(iii) Bagged
Lots: bagged lots or totes............Hourly Rate
(e) Inspection Fee:
(i) Grade Only: grade only per lot or
submitted sample: field run.............................$27.84 per
sample
(ii) Grade Only: grade only
per lot or submitted sample: other than field
run...................................................................................................$23.20
per sample
(iii) Single Factor
Determination: one factor only determination.........$8.12
(iv) Additional: additional statements,
factors, or results as requested by the
applicant...........................$5.80 per factor
(f) Composite Sample Preparation (per sample
in composite)...........................$1.45 per sample
(i) Composite Sample Preparation (per sample,
if requested after grade).............................$3.19 per
sample
(ii) Seed Count per
Ounce................$5.80 per ounce
(iii) Return shipping and handling post
grading (not to exceed $30/month)..........................$3.48 per
sample
(g) Laboratory
Analysis Fee:
(i) Falling Number
Determinations: falling number determination for
wheat...........................$20.88 per sample
(h) Commodity Cooperative Service Agreement
Fees. In addition to all other applicable fees, commodity cooperative service
agreement fees for commodity inspection services (pulses, hops, and
miscellaneous processed commodities), excluding rice, will be assessed at the
current percentage rate identified in FGIS Directive 9180.74 (Service Fees and
Billing Codes, Attachment 4.) The assessed fees must exclude travel, mailing
expenses, and state and local taxes. Invoices will identify assessed commodity
cooperative service agreement fees as separate line items.
(13) Fees for laboratory services not
performed under the USGSA or AMA: Commodities inspected under Montana Standards
(a) General Provisions: general provisions
applying to all sections of this rule are as follows:
(b) Lot Inspection: Lot inspection sampling
with grade for bulk, boxcar, hopper car or truck-trailer, per request, sampling
and grade only:
(i) Level One: Sampling
service fee when the Montana State Grain Laboratory furnishes the sampling
crew.............$30.00 per sample
(ii) Level Two: Sampling service fee when the
Montana State Grain Laboratory furnishes a licensed sampler to write
identification tickets, supervise elevator employees while sampling, and seal
samples for delivery to the Montana State Grain
Laboratory...................$21.60 per sample
(iii) Lot reinspection based on file
sample.....all regular fees assessed
(iv) Sampling Only: sampling only (does not
include grade)-bulk, boxcar, hopper car or truck/trailer, per request (all
grains)........$18.00 per sample
(A)
Additional Probes (in addition to original sampling
charges).............................$18.00 per unit
(B) Sealing: Metal Seals:
DT or Prober per Seal; Additional Labor and Hourly Charges
may apply............................$3.00 per sample
Supervise Elevator Personnel applying seals (recording seals
on certificate)............................$4.80 per unit
The Montana State Grain Laboratory is not responsible for the
seals after the Montana State Grain Laboratory personnel leave the applicant's
property. It is the applicant's responsibility to confirm that all seals have
been applied by Montana State Grain Laboratory personnel to their
satisfaction.
(v) Stowage Examination: Stowage
examination........$9.60 per unit
(vi) After First Hour..................Hourly
rate applies
(c)
Submitted Sample Inspection: Submitted sample inspection includes DKT (damaged
kernels total) identified, FM (foreign matter) identified, SHBN (shrunken and
broken kernels), and DEF (total defects).
(i)
Submitted Sample: Submitted Montana specialty crop grades (unless specifically
listed) per sample................$12.00 per sample
(ii) Non Official Single Factor
Determination...............$8.40 per factor
(iii) Additional: Additional statements,
factors, or results as requested..........................$6.00 per
factor
(d) Submitted
Buckwheat Grades:
(i) Processed Buckwheat
Sample...........$16.80 per sample
(ii) Field Run Buckwheat
Sample............$18.00 per sample
(e) Hulless or Hulless Waxy Barley:
(i) Submitted hulless or hulless waxy
barley........$16.80 per sample
(f) Laboratory Analysis Fee:
(i) Protein Test: non-official NIRT (e.g.,
Khorasan)....$9.00 per sample
(ii)
Malting Barley Germination: Malting barley: germination 72-hour
blotter.......................$12.00 per determination
(iii) Non-Official Falling Number: Falling
number determination on commodities other than wheat (e.g.
Khorasan)......$21.60 per determination
(iv) Mycotoxin: per quantitative analysis
test $60.00 per sample
(v)
Composite Sample Preparation (per sample in
composite).........................$1.50 per sample
(vi) Composite Sample Preparation (per
sample, if requested after grade)...........................$3.30 per
sample
(vii) Return shipping and
handling post grading (not to exceed $30/month)........................$3.60
per sample
AUTH:
80-4-403,
80-4-721, MCA; IMP:
80-4-721,
MCA
