VIOLATIONS AND PENALTIES

Violation Schedule | 1st Offense | Subsequent Offense Selling, distributing, propagating, rearing, planting, releasing, moving, or transporting a regulated article without a permit or compliance agreement. | $2,500 | $5,000 Knowingly bringing plants, plant matter, propagative plant parts, plant products, or any associated material into the state that is diseased, infected, or infested whether it is quarantined or not. | $2,500 | $5,000 Bringing a quarantined regulated article into the state without a required permit. | $2,500 | $5,000 Failure to obtain a permit. | $1,000 | $5,000 Failure to have a required permit or other required document with a quarantined item. | $1,000 | $5,000 Failure to provide required notification. | $1,000 | $5,000 Failure to follow any required safeguard not resulting in harm. | $1,000 | $5,000 Failure to follow any required safeguard that resulted in harm. | $2,500 | $5,000 Failure to keep required records. | $1,000 | $5,000 Failure to release or allow access to records pertaining to a quarantine, order, permit, or compliance agreement. | $2,500 | $5,000 Falsifying any record or document related to a quarantine, order, permit, or compliance agreement, including, but not limited to all sales, handling, shipping, transporting, importing, and exporting and any invoice, bill of lading, permit, seal, or certificate. | $2,500 | $5,000 Interfering with or preventing an inspection or investigation. | $2,500 | $5,000 Failure to be in compliance with a quarantine requirement. | $2,500 | $5,000 Noncompliance with any state or federal quarantine, order, permit condition or requirement, or compliance agreement that did not cause harm. | $2,500 | $5,000 Noncompliance with any state or federal quarantine, order, permit condition or requirement, or compliance agreement that caused harm. | $5,000 | $5,000 Any other violation of the Quarantine Act or these rules that did not cause harm. | $2,500 | $5,000 Any other violation of the Quarantine Act or these rules that caused harm. | $5,000 | $5,000 (2) Violation of a quarantine permit, import permit, or compliance agreement may result in suspension of a permit or compliance agreement or denial of a future request for a permit or compliance agreement. (3) Anyone who violates these rules is acting negligently, if not intentionally, and is liable for all harm they cause and may be liable for all costs associated with, but not limited to, trapping, monitoring, surveying, analysis, testing, containment, eradication, control, management, disposition, destruction, restoration, and other measures deemed necessary by the department. (4) At the department's discretion, each continued day of violation can be a separate offense. Authorizing statute(s): 80-7-402 , MCA Implementing statute(s): 80-7-402 , MCA History: NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2012 MAR p. 498, Eff. 3/9/12.