Current through Register Vol. 18, September 20, 2024
(1) A person
desiring to certify processed feed products as noxious weed seed free must make
an annual application on the department's application form. The application
shall be valid from the date of issuance through December 31 of that calendar
year.
(a) Applications for certification of
mechanically cleaned grain concentrates must describe the method of cleaning to
remove noxious weed seed. The method must be approved by the
department.
(2) Persons
desiring to certify processed pellets must meet the following criteria:
(a) Equipment is cleaned of any noxious weed
seeds prior to processing forage for certification. Cleaning the entire feed
manufacturing system through the bagging operation or bulk bins is required to
prevent contamination of pellets for certification. A minimum of 500 pounds of
the feed to be certified must pass through the system including the pelleter to
purge the system. The feed used to purge the system will not be
certified.
(b) The forage must be
pelleted following the standard pelleting process.
(c) All screens must be maintained in a good
operating condition.
(d) The forage
pellets must be reground with a number six (6/64 inch) screen or
smaller.
(e) The forage material
from (2) (d) must be repelleted using steam and temperature in the process. The
temperature of the pellets extruded from the die shall be greater than 140°
F.
(3) Equivalent
pelleting procedures: Any person may apply for department approval of an
alternative procedure for pelleting certified forage. The application shall
include:
(a) A complete narrative description
of the procedure.
(b) Independent
laboratory study that demonstrates that the process is as effective as the
process in this rule.
(c)
Documentation that the laboratory methods used are scientifically acceptable
and results are statistically valid.
(d) The department may deny or grant approval
of the request based upon the information received from the applicant and from
data and information from other sources. The department may also withdraw its
approval should investigations or future studies reveal the procedure is not
equivalent to accepted procedures.
(4) A person desiring to certify cubes or
other forage products must ensure that:
(a)
All constituents be processed from certified forage meeting Montana
certification standards.
(b)
Equipment is cleaned of any noxious weed seeds prior to processing forage for
certification. A minimum of 500 pounds of certified forage must be purged and
cleaned through the entire system (from cubing to bagging or bulk storage)
prior to processing cubes or other forage products. The 500 pounds of forage
used to eliminate any noxious weed seeds will not be certified.
(5) A person desiring to certify
grain concentrates coming from noncertified fields must meet the following
requirements:
(a) an annual production plant
inspection must be performed by an agent;
(b) samples will be taken by an agent and
sent to the Montana state seed laboratory or an alternate facility designated
by the department to determine if the product meets NWSFF standards of zero
tolerance. The sampling procedure will follow the procedure and the minimum
amount required for seed testing as prescribed by the Association of Official
Seed Analysis, "2003 Rules For Testing Seeds" which is adopted and incorporated
by reference, and can be obtained from the Montana Department of Agriculture,
P.O. Box 200201, Helena, MT 59620-0201; and
(c) at the conclusion of the
inspection/sampling/analysis process, those lots of grain concentrate meeting
criteria for certification will be certified. The department will provide:
(i) an invoice for the inspection
fees;
(ii) appropriate markers;
and
(iii) transportation
certificates.
(6) To enforce this chapter, the department
upon presenting appropriate credentials may enter, at reasonable times or under
emergency conditions, any factory, warehouse, or establishment within the state
in which grain concentrates, pellets, cubes and other forage products are
manufactured, processed, packed, distributed, or held, or enter any vehicle
being used to transport or hold such products. The department may inspect,
obtain samples and examine records at reasonable times and within reasonable
limits and in reasonable manner any factory, warehouse, establishment, or
vehicle and all pertinent equipment, finished and unfinished materials,
containers, and labeling found in them.
(7) Grain concentrates, cubes and pellets
shipped into the state as noxious weed seed free must meet all of Montana's
NWSFF certification requirements.
(8) Any person may request Montana
certification of their grain concentrate, pellets, cubes or other forage
produced out-of-state from the department. The department may enter into
agreements with other state departments of agriculture or appropriate state
agencies or provincial governments to verify that the grain concentrate,
pellets, cubes or other forage meet Montana NWSFF certification standards. The
agreements may specify the types of identification markers and/or
transportation certificates that are acceptable.
80-7-909, MCA;
IMP,
80-7-905,
80-7-906,
MCA;
