AGRICULTURAL
SCIENCES DIVISION
80-3-301.
Short title. This part may be cited as the "Montana Produce Act".
80-3-311. Standard grades for produce.
(1) Unless a Montana grade standard has
been established, the
standard grades for produce:
(a) are limited to the U.S. grades governing the produce;
(b) must conform in all respects and be identical with the
most recent standards
established by the U.S.
department of agriculture for the produce; and
(c) when conforming, must be accepted as the legal standards for this state.
(2) The department may by rule establish state grades for
produce grown in Montana
when the amount grown
reaches a volume rendering it of market importance or when
requested by the industry.
State produce grades must be established in consultation with
representatives of the various components of the produce industry, including
growers, sellers, buyers,
traders, wholesalers, retailers, and consumers.
(3) The grade "Montana unclassified" must contain at least 50% of produce that would
grade U.S. No. 2 or better.
(4) Produce not conforming to established grades may be sold if it is marked in the same
manner as graded produce, except that in place of specifying the grade, the word
"ungraded" or "unclassified"
must be used.
80-3-315. Shipping point inspection -- fees. Produce graded and
prepared for shipment is subject to a shipping point inspection by the
department upon request; however, Montana-grown seed potatoes that are entered
in the Montana seed certification program and prepared for shipment off the
farm for planting purposes are subject to a shipping point inspection by the
department. Inspection fees must be set by rule and must be commensurate with the
cost of providing the inspection.
4.12.3501 GENERAL REQUIREMENTS
(1) The Department of Agriculture, pursuant to Sections 80-3-311 and 80-3-315, MCA, adopts
grade standards and inspection procedures to enforce those grades as further set out in
these rules. For the purposes of grading certified seed potatoes, the department hereby
adopts by reference the United States Standards for Grades of Potatoes as specified in 7
CFR Part 51 sections 1540 through 1566 of the January 1, 1998 edition with the exceptions
specified in ARM 4.12.3501 through 4.12.3504.
(2) All seed potatoes shall be shipped under tags that represent all grade and classes to which
there were sorted and
certified.
(a) All Montana certified seed potatoes sold in bulk or offered for sale in bags shall be
inspected by a Federal or Federal-State Inspector. The final inspection shall be made
before potatoes are moved from the loading point. If the potatoes do not meet the final
grade requirements, the grade certificate shall not be issued unless the potatoes are
regarded to meet the requirements. Standard method of loading shall be used when loading
trucks and/or
railroad cars, or bulk shipments.
(b) Federal and Federal-State grade inspectors are granted authority at any or all times to call in
a potato specialist from the Montana State University (MSU) Extension Potato Certification
Program if they suspect grower(s) are not handling certified seed potatoes in accordance
with guidelines set forth by the MSU Extension Potato Certification Program, or if they
suspect potatoes inspected do not conform in other respects with the requirements of MSU
Extension Potato Certification Program. However, under no circumstances shall the
department be held responsible for enforcing MSU Extension Potato Certification Program
guidelines and procedures, and any failure to review for such compliance shall not be
construed as approving for MSU Extension Potato Certification Program guidelines.
(4) Issuance of an Official Grade Certificate by the department shall mean approval for department
grading standards only.
(5) Official tags shall be issued by MSU Extension Potato Certification Program officials to the
applicant or a designated agent. No mutilation of official tags by writing or marking over, or
otherwise altering original information printed thereon, shall be permitted unless requested in
writing by the grower and approved by the Department of Agriculture.
(6) The grower, to whom the official tags were issued, shall be responsible for completion of the
tags.
(7) Each lot of certified seed potatoes shall be inspected by either Federal or Federal-State
inspectors at the time of
shipment.
(8) Ungraded potatoes shall not be inspected.
(9) Washing of certified seed potatoes to be tagged with an official tag shall not be permissible
unless requested by the buyer. Presence of soil on tubers shall not constitute reason for
throwing them out of the grade. Grower should allow for weight of soil when packaging
potatoes
for sale.
(10) It shall be permissible to use official tags on potatoes containing an excess of oversize,
undersize and/or sprouts providing that the official grade certificate indicates that the potatoes
exceed the tolerance. It shall be the responsibility of the grower to submit written evidence that
the purchaser is
willing to accept such a grade.
4.12.3502 SEED CLASS DESIGNATION
(1) At the time the tags are ordered by the grower, it shall be the responsibility of the MSU Extension
Potato Certification Program to print clearly across the face of the appropriate grade tag the
following: the proper class designation, growers name, address, and any other pertinent
information necessary for shipment of the potato crop.
4.12.3503 BLUE TAGS
(1) The official blue tag shall be used to designate seed lots that are the equivalent of the U.S. No. 1
grade with the following exceptions:
(a) Size—the minimum size shall be 1-1/2 ounces and the maximum size shall be 12
ounces.
(b) Combined total length of growth cracks may extend two-thirds length of tuber and/or the
depth of one-fourth the diameter of the tuber.
(c) Cuts and bruises shall be scored when removal causes loss of more than 10% of the total
weight of a tuber.
(d)
Air cracks
shall be scored only if the depth exceeds ˝ inch.
(e) Sunburn (greening), hollow heart, hollow heart with discoloration, light brown discoloration
or brown center shall be permissible.
(f) Stem-end discoloration – serious discoloration extending beyond a depth of ˝ inch shall
be scored unless verified by a department-approved pathologist as not being a disease
symptom.
(g) Immaturity, as indicated by feathering of skin, shall not disqualify provided there is no
undue loss of weight from wilting or shriveling of tubers.
(h) Sprouts – not more than 10% if the lot may have sprouts more than ľ inch in length.
Individual sprouts or clusters shall not be scored on appearance or length if within the 10%
tolerance.
(i) Oversized, undersized, and sprouts, shall be permissible provided the excess tolerance
is indicated on the
official grade certificate.
(j) Freezing injury other than the condition of being frozen or affected by soft rot or wet
breakdown shall be scored when removal of the affected area causes a loss of more than
10% of the total weight of the tuber.
(k) The tolerance shall be not more than 1% for potatoes that are affected by late blight tuber
rot.
4.12.3504 RED TAGS
(1) The official red tag shall be used to designate seed lots that are the equivalent of U.S. No. 2 grade with
the following
exceptions:
(a) Size –
the minimum size shall be 1-1/2 ounces and the maximum shall be 12 ounces.
(b) Growth
cracks shall not be scored.
(c) Surface
and russet scab shall not be scored.
(d) Cuts
and bruises shall be scored when removal causes loss of more than 15% of the
total weight of a tuber.
(e) Second
growth shall not be deliberately removed.
(f) The
following blue tag exceptions shall also apply to red tags: air cracks, sunburn (greening), stem-end
discoloration, immaturity, sprouts, oversize, undersize, hollow heart, hollow
heart with discoloration, light brown discoloration, brown center, freezing
injury, and the tolerance for late blight tuber rot.
4.12.3505 BULK SHIPMENTS
(1) Potatoes shipped in bulk shall meet all official grade and MSU Extension Potato Certification
Program requirements. All carriers shall be tagged in an
appropriate manner.
(2) Official tags carrying information described in this section shall be used and, in addition, the following
information must be filled out on the official bulk
tag.
(a) Inspection
certification number.
(b) Date
inspected.
(c) Buyer’s
name.
(d) Date
and time loaded.
(e) Trucking
firm’s name and driver’s initials.
(f)
Carrier
license or car number.
(g) Approximate weight (100 lbs. Occupies about 2.4 cubic feet, or .42 x cu. Ft. = number of
CWT’s).
Certification
80-5-140. Application of sections.
A person, firm, association, or corporation that
issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead,
marking, circular, or written or printed representation or description pertaining to seeds
or plant parts intended for propagation or sale or sold or offered for sale in which the
words "Montana state certified", "state certified", "Montana certified", or "one year off
certified" or similar words or phrases are used or employed is subject to 80-5-140
through 80-5-144.
80-5-141. Rules by Montana state university-Bozeman -- certification agencies.
Every person, firm, association, or corporation subject to the provisions of 80-5-140
through 80-5-144 shall observe, perform, or comply with all rules and standards for seed
certification established or specified by Montana state university-Bozeman, hereafter
referred to as the university, as to what crops grown or to be grown in Montana shall be
eligible for certification hereunder, as to the conduct of such certification, either by said
university directly or by agents or agencies authorized by it for the purpose, and as to
standards, requirements, and forms of and for certification hereunder; provided, however,
that not more than one such agent or agency for certification shall be designated for any
one specified crop. No certification within the provisions of 80-5-140 through 80-5-144
shall be made or authorized except by or through said university.
80-5-142. Certification work on self-supporting basis.
Certification work, whether conducted by said university or by an agency designated by
it, shall be on a self-supporting basis and not
for financial profit.
80-5-143. Withholding certification.
The said university or its designated agency or agencies may withhold certification from
any grower of seeds or plant parts who is engaged in or attempting to engage in any
dishonest practices for the purpose of evading the provisions of 80-5-140 through
80-5-144, including standards and rules laid down by the said university or its
designated agency
or agencies to cover certification.
80-5-144. Unlawful use of certification -- penalty.
A person, firm, association, or corporation may not issue, make, use, or circulate any
document purporting to be or represented as a seed or plant part certification certificate,
represent seeds or plant parts as certified, or use the term "Montana state certified",
"state certified", "Montana certified", or "one year off certified" or similar words or
phrases, without the authority and approval of the university. A person, firm, association,
or corporation who violates 80-5-140 through 80-5-144 is guilty of a misdemeanor and
shall be fined not
less than $100 or more than $500 for each offense.