reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-224. Determination of amount and allocation of assessment

80-11-224. Determination of amount and allocation of assessment.
(1) The committee shall set the amount of the assessment each year in accordance with 80-11-206.
(2) Money deposited in the wheat and barley account pursuant to 80-11-210 is available for appropriation to the committee for purposes of carrying out research and marketing under this part.
(3) The committee may be assessed costs by the department for the services it provides upon request or pursuant to 2-15-121. However, the costs charged must have a substantial relationship to the cost of services supplied.
History: En. Sec. 1, Ch. 615, L. 1981; amd. Sec. 6, Ch. 48, L. 1987; amd. Sec. 16, Ch. 10, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 2. Wheat and Barley Research and Marketing › 80-11-225. Committee procurement -- rulemaking

80-11-225. Committee procurement -- rulemaking.
(1) The wheat and barley committee is not subject to procurement procedures under Title 18, chapter 4.
(2) The committee shall adopt rules for procurement of goods and services necessary to the duties outlined in this part.
History: En. Sec. 1, Ch. 732, L. 2023.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-302. Findings -- purpose

80-11-302. Findings -- purpose.
(1) The legislature finds that:
(a) it is in the best interest of all the people of Montana that the abundant natural resources of the state be protected, fully developed, and uniformly distributed;
(b) economic waste threatens the alfalfa seed industry in Montana because of lack of proper advertising and dissemination of information necessary for the development and promotion of alfalfa seed grown in the state and because of lack of facilities and funds for research to:
(i) develop and improve control measures for diseases and pests which attack alfalfa seed pollinators;
(ii) improve alfalfa seed growing culture; and
(iii) disseminate information to the growers; and
(c) it is in the interest of the people and general welfare of the state that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting, and marketing of alfalfa seed.
(2) The purpose of this part is to promote the general welfare of the people of the state by improving the culture and production of and expanding the market for alfalfa seed grown in the state.
History: En. Sec. 3, Ch. 405, L. 1981.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-303. Definitions

80-11-303. Definitions.
As used in this part the following definitions apply:
(1) "Committee" means the Montana alfalfa seed committee established in 2-15-3004.
(2) "Dealer" means any person, partnership, association, corporation, cooperative, or other business unit or device that first handles, packs, ships, buys, and sells alfalfa seed or that acts as sales or purchasing agent, broker, or factor of alfalfa seed.
(3) "Grower" means any landowner personally engaged in growing alfalfa seed, a tenant personally engaged in growing alfalfa seed, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices, and arrangements that grow alfalfa seed or are engaged in the pollination of alfalfa seed.
(4) "Handled in the primary channels of trade" means the time when any alfalfa seed is delivered under a sales contract, sold, or delivered for shipment and sale.
History: En. Sec. 4, Ch. 405, L. 1981.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-304. Powers of the committee

80-11-304. Powers of the committee.
The committee may:
(1) provide, through the department of agriculture, for the administration and enforcement of this part;
(2) enter into contracts in the name of the committee;
(3) authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations required to carry out the provisions of this part;
(4) become a member of and purchase membership in trade organizations and subscribe to and purchase trade bulletins, journals, and other trade publications;
(5) plan and conduct a research program to improve the quality of alfalfa seed, develop and improve control measures for disease and pests that attack alfalfa and alfalfa seed pollinators, improve alfalfa growing culture, disseminate information among the growers and dealers of the state, financially support the alfalfa leaf-cutting bee program provided for in Title 80, chapter 6, part 11, and enter into research contracts and other agreements as necessary;
(6) plan and conduct a publicity and sales promotion campaign to increase the sale and use of Montana alfalfa seed and enter into publicity and sales promotion contracts and other agreements as necessary;
(7) in cooperation with the director of the department of agriculture, establish and maintain the executive offices of the committee at any location in the state. The location may be changed at the discretion of the director and the committee.
(8) recommend rules and orders to be adopted for the exercise of its power and the performance of its duties, in accordance with the Montana Administrative Procedure Act;
(9) cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or the United States government, engaged in work or activities similar to the work and activities of the committee and enter into contracts or agreements with the organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity, and reciprocal enforcement of these objectives; and
(10) accept grants, donations, and gifts from any source for expenditure for any purpose consistent with Title 80, chapter 6, part 11, or this part, including a purpose specified as a condition of a grant, donation, or gift.
History: En. Sec. 5, Ch. 405, L. 1981; amd. Sec. 3, Ch. 102, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-305. Compensation -- per diem

80-11-305. Compensation -- per diem.
Each committee member is entitled to compensation as provided in 2-15-122 for each day that the member is engaged in the transaction of official business and must be reimbursed for travel expenses as provided in 2-18-501 through 2-18-503.
History: En. Sec. 6, Ch. 405, L. 1981; amd. Sec. 2612, Ch. 56, L. 2009; amd. Sec. 4, Ch. 30, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-307. Assessment on alfalfa seed

80-11-307. Assessment on alfalfa seed.
(1) There is hereby levied upon all alfalfa seed grown in this state and sold through commercial channels an assessment of 1/2 of 1% of the grower's price received at the point of first sale.
(2) If it appears from an investigation that the revenue from the assessment levied under subsection (1) is inadequate to accomplish the purposes of this part, the committee shall file with the director of agriculture a report showing the necessity of the industry, extent of public convenience, interest, and necessity, and probable revenue from the additional assessment desired to be levied. The director of agriculture may thereupon increase the assessment to a sum not to exceed 1% of the grower's price received at the point of first sale. No increase may be made prior to filing of the report and recommendation by the committee.
History: En. Sec. 8, Ch. 405, L. 1981.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-308. Payment of assessment

80-11-308. Payment of assessment.
All assessments levied and imposed under 80-11-307 must be paid to the department of agriculture by the person, either grower or dealer, by whom the alfalfa seed is first handled in the primary channels of trade and must be paid at times that the department may by rule prescribe but not later than 60 days from the date on which the grower received payment for the alfalfa seed. If the party first handling the alfalfa seed in the primary channels of trade is a person other than the grower, that party may charge against or recover from the grower of the alfalfa seed the full amount of any assessment levied and imposed under 80-11-307.
History: En. Sec. 9, Ch. 405, L. 1981; amd. Sec. 2613, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-309. Refund of assessment

80-11-309. Refund of assessment.
Any person who has paid assessments to the department may request the department to refund all or any portion of the assessment levied under the rules of the department and paid by the producer. All such requests must be in writing, filed not later than August 1 of each calendar year for the preceding crop year, and must be on forms to be available without cost to all producers who pay assessments.
History: En. Sec. 10, Ch. 405, L. 1981.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-310. Deposit and disbursement of funds -- investment

80-11-310. Deposit and disbursement of funds -- investment.
(1) As soon as possible after receipt, all money received by the department from the assessment levied under 80-11-307 and all other money received must be deposited in the alfalfa seed account in the state special revenue fund.
(2) (a) All money referred to in subsection (1) may be appropriated to the committee and may be used only for the payment of expenses incurred in carrying out the provisions of Title 80, chapter 6, part 11, and this part.
(b) The committee may transfer money from the account to the alfalfa leaf-cutting bee account provided for in 80-6-1109.
(c) The committee may be assessed costs by the department for the services it provides upon request or pursuant to 2-15-121. The costs charged must have a substantial relationship to the cost of services supplied.
(3) Money received under 80-11-312, 80-11-313, and this section that is not immediately required for the purposes of Title 80, chapter 6, part 11, and this part must be invested under provisions of the unified investment program established in Title 17, chapter 6, part 2. The income from the investment must be deposited in the alfalfa seed account in the state special revenue fund.
(4) Money received under 80-11-312, 80-11-313, and this section may be appropriated to the committee for the purposes of Title 80, chapter 6, part 11, and this part.
History: En. Sec. 11, Ch. 405, L. 1981; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 12, Ch. 700, L. 1989; amd. Sec. 2, Ch. 575, L. 1991; amd. Sec. 8, Ch. 220, L. 1995; amd. Sec. 71, Ch. 509, L. 1995; amd. Sec. 4, Ch. 102, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-311. Records required

80-11-311. Records required.
Each dealer shall maintain accurate records of all alfalfa seed handled, packed, shipped, or processed by the dealer. The records must be in the form and contain the information that the department may by rule prescribe, must be preserved for a period of 2 years, and are subject to inspection at any time upon request of the department or its agents.
History: En. Sec. 12, Ch. 405, L. 1981; amd. Sec. 2614, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-312. Penalty for nonpayment

80-11-312. Penalty for nonpayment.
Any grower or dealer who fails to make collection or pay any assessment within the time required pursuant to this part is subject to a penalty of 5% of the amount of the assessment determined to be due, as provided in this part, plus 1% of such amount for each month of delay or fraction thereof after the expiration of the month after such assessment became due. The penalty must be paid to the department and disposed of as provided in 80-11-310.
History: En. Sec. 13, Ch. 405, L. 1981.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 3. Alfalfa Seed Industry › 80-11-313. Penalty

80-11-313. Penalty.
In addition to the penalty specified in 80-11-312, any person who violates or aids in a violation of any of the provisions of this part or any of the rules or orders of the department adopted under this part, upon conviction thereof, is punishable by a fine not to exceed $500. All fines collected, except fines collected by a justice's court, shall be deposited as provided in 80-11-310.
History: En. Sec. 14, Ch. 405, L. 1981; amd. Sec. 52, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-402. Repealed

80-11-402. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 3, Ch. 182, L. 1989; amd. Sec. 1, Ch. 46, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-403. Repealed

80-11-403. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 4, Ch. 182, L. 1989; amd. Sec. 1, Ch. 62, L. 1993; amd. Sec. 1, Ch. 22, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-404. Repealed

80-11-404. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 5, Ch. 182, L. 1989; amd. Sec. 2615, Ch. 56, L. 2009; amd. Sec. 5, Ch. 30, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-405. Repealed

80-11-405. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 6, Ch. 182, L. 1989; amd. Sec. 2, Ch. 15, L. 2009; amd. Sec. 2616, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-412. Repealed

80-11-412. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 8, Ch. 182, L. 1989; amd. Sec. 2, Ch. 62, L. 1993; amd. Sec. 2, Ch. 46, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-413. Repealed

80-11-413. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 9, Ch. 182, L. 1989; amd. Sec. 3, Ch. 46, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-414. Repealed

80-11-414. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 10, Ch. 182, L. 1989; amd. Sec. 4, Ch. 46, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-416. Repealed

80-11-416. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 12, Ch. 182, L. 1989; amd. Sec. 2617, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 4. Mint and Mint Oil Production (Repealed) › 80-11-417. Repealed

80-11-417. Repealed.
Sec. 1, Ch. 47, L. 2015.
History: En. Sec. 13, Ch. 182, L. 1989; amd. Sec. 5, Ch. 46, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-502. Findings -- purpose

80-11-502. Findings -- purpose.
(1) The legislature finds that:
(a) agriculture is the leading industry in Montana, based on cash receipts, and that agricultural commodities are resources of the first magnitude in the economy of Montana residents;
(b) agricultural commodities are prime factors in the production of wealth and in the development and stabilization of property values and of activities and enterprises that form the bases and sources of important contributions by taxation to the public revenue; and
(c) Montana agricultural commodities enter a world market that is highly competitive in character.
(2) In order to protect and foster the health, prosperity, and general welfare of the people of Montana, it is declared to be the public policy of this state to encourage and promote intensive, scientific, and practical research into all phases of agricultural commodity culture, production, marketing, and use and into the development of markets for commodities grown or produced in Montana.
History: En. Sec. 2, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-503. Definitions

80-11-503. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Advisory committee" means a committee created by the department under authority of 80-11-510 for the purpose of advising the department on the implementation and administration of a commodity research and market development program established in 80-11-512.
(2) "Commercial channels" means the sale of agricultural commodities for any use when sold to:
(a) a commercial buyer, dealer, processor, or cooperative;
(b) a person, public or private, who resells any agricultural commodity or product produced from crops grown in Montana; or
(c) a first purchaser in Montana.
(3) "Commodity" means any agricultural crop, forage used by livestock, livestock, bird, fish, or value-added agricultural product that is grown or produced in or imported into Montana.
(4) "First purchaser" means a person, public or private, corporation, association, or partnership that buys, accepts for shipment, or otherwise acquires the property in or to agricultural commodities from a grower or producer. The term includes a mortgagee, pledgee, lienor, or other person, public or private, that has a claim against a grower or producer, when the actual or constructive possession of a commodity is taken as part payment or in satisfaction of a mortgage, pledge, lien, or claim.
(5) "Grower" or "producer" means a person or landowner who is personally engaged in growing or producing agricultural commodities, a tenant of the landowner who is personally engaged in growing or producing commodities, or both the landowner and the tenant jointly. The term includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and all other business units, devices, and arrangements.
(6) "Person" means a natural person, individual, firm, partnership, association, corporation, company, or organized group of persons and any trustee, receiver, assignee, or similar representative.
(7) "Sale" includes any mortgage or pledge of agricultural commodities to a person, public or private.
History: En. Sec. 3, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-504. Powers of department -- rulemaking

80-11-504. Powers of department -- rulemaking.
(1) In consultation with respective commodity advisory committees, the department may:
(a) adopt commodity research and market development programs pursuant to 80-11-512;
(b) adopt rules necessary for the implementation and administration of this part and commodity research and market development programs;
(c) hire employees or enter into contracts or agreements for the administration of commodity research and market development programs;
(d) enter into reciprocal agreements with analogous agricultural commodity research and market development programs outside of Montana for the collection and transfer of assessments on commodities sold across state borders;
(e) conduct audits of first purchaser commodity businesses to ensure collection and payment of commodity assessments in accordance with 80-11-516;
(f) place stop purchase or sale orders on commodities and apply for and obtain injunctions against first purchaser commodity businesses when it is determined that the first purchaser has not been collecting and paying required commodity assessments in accordance with 80-11-516;
(g) provide for the enforcement of this part;
(h) provide for the conduct of marketing and research into the production and uses of agricultural commodities;
(i) enter into contracts or agreements with units of the Montana university system and other university systems and other organizations, public or private, for purposes of:
(i) improving commodity quality;
(ii) increasing the efficiency of production;
(iii) developing marketing knowledge and markets;
(iv) determining new uses for commodities;
(v) developing alternative and rotation crops; and
(vi) carrying out all research and market development contemplated by this part.
(2) In administering the provisions of this part, the department may adopt rules establishing guidelines for:
(a) the petition and hearing process regarding adoption or elimination of commodity research and market development programs as set out in 80-11-512 and 80-11-513;
(b) the creation of commodity advisory committees as set out in 80-11-510;
(c) the adoption, collection, and enforcement of commodity assessments as set out in 80-11-515 and 80-11-516;
(d) policies and procedures for administration of commodity research and market development programs suggested by commodity advisory committees pursuant to 80-11-511; and
(e) conducting or contracting for commodity research and market development projects and guidelines for procedures for entering into reciprocal agreements with analogous commodity research and market development programs outside of Montana, as contemplated in this section.
History: En. Sec. 4, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-510. Creation of commodity advisory committees

80-11-510. Creation of commodity advisory committees.
(1) The department may create commodity advisory committees subject to the following:
(a) Twenty-five or more producers of a commodity shall petition the department to create a commodity advisory committee. The format, information required, and criteria of valid petitions must be established by department rule.
(b) Within 60 days of receipt and verification of a qualified petition, the department shall hold a hearing to receive relevant input from growers, producers, and first purchasers regarding the proposed commodity advisory committee. The department shall advertise the hearing in areas where it is known the commodity is grown and in any applicable trade publication.
(2) Each advisory committee created under this section must be known as the "... advisory committee".
(3) The department shall prescribe the composition and advisory functions of each advisory committee created and appoint advisory committee members, who serve at the pleasure of the director. The majority of members on a crop or livestock commodity advisory committee must be producers of the commodity.
(4) Unless the advisory committee member is a full-time salaried officer or employee of this state or of any political subdivision of this state, each member is entitled to be paid an amount to be determined by the department, not to exceed the daily amount established in 2-15-122(5) for each day in which the member is actually and necessarily engaged in the performance of advisory committee duties. Each member is also entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred while in the performance of advisory committee duties. Members who are full-time salaried officers or employees of this state or of any political subdivision of this state are not entitled to be compensated for their service as members, but are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503.
(5) Unless otherwise specified by the department, at its first meeting each year, each advisory committee shall elect a presiding officer and other officers whom it considers necessary.
(6) Unless otherwise specified by the department, each advisory committee shall meet at least annually. An advisory committee shall also meet on the call of the department and may meet at other times on the call of the presiding officer or a majority of its members.
(7) A majority of the membership of an advisory committee constitutes a quorum to do business.
(8) In order for the creation of an advisory committee to be effective, the governor shall file in the governor's office and in the office of the secretary of state a record of the advisory committee created showing the advisory committee's:
(a) name, in accordance with subsection (2);
(b) composition;
(c) names and addresses of the appointed members; and
(d) purpose.
History: En. Sec. 5, Ch. 83, L. 1999; amd. Sec. 1, Ch. 151, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-511. Duties of commodity advisory committees

80-11-511. Duties of commodity advisory committees.
(1) Each commodity advisory committee created in 80-11-510 shall advise the department regarding:
(a) policies and procedures to be followed by the department when administering a commodity research and market development program associated with each respective advisory committee;
(b) adoption of rules implementing and administering respective commodity research and market development programs;
(c) annual assessments on agricultural commodities associated with a respective research and market development program;
(d) assessment collection and enforcement procedures to be followed with each respective research and market development program; and
(e) the awarding of research and marketing contracts.
(2) None of the powers or duties provided for in this part permit participation in state or federal political action by an advisory committee.
History: En. Sec. 6, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-512. Adoption of commodity research and market development program -- referendum -- hearing

80-11-512. Adoption of commodity research and market development program -- referendum -- hearing.
(1) A commodity advisory committee formed pursuant to 80-11-510 shall hold at least one public hearing to receive relevant input from affected growers and producers on a proposed referendum, including the amount of the proposed assessment and the method of collection. The department shall advertise the hearing in areas where it is known the commodity is grown and in any applicable trade publication.
(2) (a) After considering the facts and information received at the hearing, the commodity advisory committee shall vote on whether to hold a referendum of affected growers and producers.
(b) The referendum must include, among other informational items, the amount of the assessment and the method of collection.
(c) The referendum must be by paper ballot mailed to the last-known address of known growers and producers of the relevant commodity, obtained from lists provided by the petitioner and other sources known to the department.
(d) Each grower or producer, as defined in 80-11-503, is entitled to one vote.
(e) If the commodity advisory committee votes against holding a referendum, the committee shall vote whether to dissolve the committee. If the commodity advisory committee votes against dissolution, the committee may continue to advise the department for 1 year from the date of the vote. If a referendum is not held or is defeated within 1 year of the vote, the commodity advisory committee is dissolved.
(3) If the referendum passes, the advisory committee shall propose a commodity research and market development program to the department for adoption.
History: En. Sec. 7, Ch. 83, L. 1999; amd. Sec. 2, Ch. 151, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-513. Elimination of commodity research and market development program -- petition -- hearing

80-11-513. Elimination of commodity research and market development program -- petition -- hearing.
The department shall eliminate a commodity research and market development program subject to the following:
(1) After 2 years from the date on which a commodity research and market development program is adopted, the department may, upon its own accord or upon receipt of a verified petition from 15% or more of the growers or producers of a commodity requesting elimination of a research and market development program, call a hearing to determine if the program should be eliminated. The format, information required, and criteria of valid petitions must be established by department rule.
(2) After considering the facts and information received at the hearing, the department may, within 60 days of the hearing, hold a referendum of affected growers and producers. The referendum must be by paper ballot mailed to the last-known address of known growers and producers of the relevant commodity, obtained from lists provided by the petitioner and other sources known to the department. To be eligible to vote on a referendum, an individual must be a producer who is 18 years of age or older and a Montana resident.
(3) Based on a majority referendum vote in favor of elimination, the department shall repeal all rules and administrative procedures and policies associated with the relevant commodity research and market development program and dissolve the associated advisory committee.
(4) All funds of a former commodity research and market development program remaining in the account established in 80-11-518 revert to the general fund.
History: En. Sec. 8, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-515. Annual commodity assessment -- collection

80-11-515. Annual commodity assessment -- collection.
(1) The department, in consultation with each commodity advisory committee, shall, for each commodity associated with a research and marketing program, adopt by rule an annual assessment on program commodities grown, delivered, or stored in Montana and sold through commercial channels.
(2) The assessments are levied and imposed:
(a) at the time of first sale of any commodity by a seller and must be collected by the first purchaser of the commodity from the seller at the time of each settlement for the commodity purchased;
(b) in the case of a mortgage or pledge of a commodity as security for a loan under any federal price support program, other than the commodity credit corporation, at the time that the loan is made and must be collected by the agency or person making the loan by deducting the amount of the assessment from the proceeds of the loan;
(c) in the case of a commodity pledged under the federal commodity credit corporation, at the time of purchase and must be collected at the time of purchase, not at the time that a lease or loan is made under the program; or
(d) as otherwise provided by department rule for the specific research or market development program.
(3) The assessments levied under the provisions of this section must be deducted and collected as provided by this part, whether the commodity is stored in Montana or any other state. The assessment attaches to each transaction, but a seller is not subject to assessment more than once regardless of the number of times that the commodity is the subject of a sale, mortgage, pledge, or other transaction. The assessment is imposed and attaches on the initial sale, mortgage, pledge, or other transaction in which the commodity seller parts with title to the commodity or creates some interest in the commodity in a mortgagee, pledgee, or other person.
(4) If the first purchaser is a foreign entity, the producer shall make a good faith effort to ensure that the assessment is collected as provided in this section and paid to the department as provided in 80-11-516.
History: En. Sec. 9, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-517. Receipt of gifts, grants, and donations for research and marketing purposes

80-11-517. Receipt of gifts, grants, and donations for research and marketing purposes.
The department may receive gifts, grants, and donations for any commodity research and market development conducted pursuant to this part.
History: En. Sec. 11, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-518. Account established -- sources -- use -- expenditures

80-11-518. Account established -- sources -- use -- expenditures.
(1) There is an account in the state special revenue fund into which must be placed:
(a) the proceeds of all commodity assessments and penalties collected under this part; and
(b) the proceeds from all gifts, grants, and donations to the department for commodity research and market development received under 80-11-517.
(2) Funds deposited in the account for a specific commodity research and market development program may be expended only for the purposes of that program.
(3) Money deposited in the account is statutorily appropriated, as provided in 17-7-502, to the department for purposes of this part.
(4) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. Income from the investments must be credited to the account.
(5) The department may assess costs for the services that it provides to each commodity research and market development program. However, the costs assessed must be commensurate to the cost of the services provided.
History: En. Sec. 12, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 5. Agricultural Commodity Research and Market Development › 80-11-519. Penalty for violation

80-11-519. Penalty for violation.
A person who violates any provision of this part is guilty of a misdemeanor and upon conviction shall be fined an amount not less than $25 or more than $1,000. All fines collected must be deposited as provided in 80-11-518.
History: En. Sec. 13, Ch. 83, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 6. Organic Certification › 80-11-602. Account established -- sources -- use -- expenditures

80-11-602. Account established -- sources -- use -- expenditures.
(1) There is an account in the state special revenue fund. The following must be placed in the account:
(a) the proceeds from all gifts, grants, or donations to the department for development and administration of the state organic certification plan and program authorized under 80-11-601;
(b) proceeds of assessments, penalties, and other money collected pursuant to a state organic certification program when implemented pursuant to 80-11-601.
(2) The account must be maintained for the purposes of 80-11-601 and must be separate from all other accounts of the department.
(3) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. The income from those investments must be credited to the account established in this section.
History: En. Sec. 2, Ch. 172, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 8. Montana-Certified Natural Beef Cattle Marketing Program (Repealed) › 80-11-801. Repealed

80-11-801. Repealed.
Sec. 1, Ch. 39, L. 2019.
History: En. Sec. 1, Ch. 300, L. 2007; amd. Sec. 1, Ch. 70, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 9. Food and Agricultural Development Program › 80-11-901. Montana food and agricultural development program -- definition

80-11-901. Montana food and agricultural development program -- definition.
(1) There is a program administered by the agriculture development council provided for in Title 90, chapter 9, to promote Montana food and agricultural development. The program must provide grant funding for Montana food and agricultural development centers that are charged with:
(a) developing Montana's capacity to produce food and value-added agricultural products, including farm-derived renewable energy, commodity processing infrastructure, and emerging technologies intended to diversify, add value, or enhance economic growth opportunities for Montana's agricultural economy; and
(b) providing technical assistance and other services to community-based food, agriculture, technology, and farm-derived renewable energy entrepreneurs.
(2) Technical assistance includes but is not limited to business assistance, product development, marketing, nutritional analysis and labeling, education, assistance with food safety regulation compliance, training to educate business professionals and entrepreneurs on industry dynamics and technology of specific bioproduct industries, and evaluating existing and developing technologies.
(3) Each center must be a nonprofit organization and shall coordinate with other state-funded programs in order to not duplicate state assistance.
(4) As used in this section, "farm-derived renewable energy" means renewable energy produced from products developed by farmers and ranchers, as well as entrepreneurs, using Montana farm and ranch products.
History: En. Sec. 1, Ch. 386, L. 2009; amd. Sec. 7, Ch. 343, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1001. Definitions

80-11-1001. Definitions.
As used in this part, the following definitions apply:
(1) "Committee" means the Montana pulse crop committee provided for in 2-15-3007.
(2) "Department" means the department of agriculture provided for in 2-15-3001.
(3) "Net receipts" means the net weight multiplied by the price paid to the producer.
(4) "Producer" means a person or landowner who is personally engaged in growing or producing pulse crops, a tenant of the landowner who is personally engaged in growing or producing pulse crops, or both the landowner and the tenant jointly. The term includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and all other business units, devices, and arrangements.
(5) "Pulse crops" means dry peas, lentils, chickpeas, and fava beans.
History: En. Sec. 2, Ch. 312, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1002. Pulse crop committee -- officers -- meetings -- reimbursement

80-11-1002. Pulse crop committee -- officers -- meetings -- reimbursement.
(1) The members of the committee shall elect a presiding officer from among the committee members. The presiding officer serves a 1-year term.
(2) The committee shall meet at least once a year and at other times as called by the presiding officer or by any three voting members of the committee.
(3) Committee members may not receive a salary but are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business. Members must be reimbursed as provided in 2-18-501 through 2-18-503 for travel expenses incurred while on official business.
History: En. Sec. 3, Ch. 312, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1003. Powers of committee -- administrative costs

80-11-1003. Powers of committee -- administrative costs.
(1) The committee:
(a) may plan and conduct a research program to improve the quality of pulse crops, develop and improve control measures for disease and pests that attack pulse crops, and disseminate information among the growers and dealers of the state;
(b) may plan and conduct a publicity and sales promotion campaign to increase the sale and use of Montana pulse crops;
(c) may cooperate with a local, state, or national organization or agency, whether voluntary or created by the law of a state or the United States government, engaged in similar work or activities to carry out a joint campaign of research, education, product protection, publicity, and reciprocal enforcement of the objectives of this part;
(d) may enter into contracts and other agreements to carry out the purposes of this section;
(e) shall have final authority on the use and distribution of money from the pulse crop special revenue account provided for in 80-11-1006;
(f) may provide, through the department, for the administration and enforcement of this part;
(g) may recommend rules and orders to be adopted for the exercise of its powers and the performance of its duties, in accordance with the Montana Administrative Procedure Act;
(h) may authorize the purchase of office equipment or supplies and incur all other reasonable and necessary expenses and obligations required to carry out the provisions of this part;
(i) may become a member of and purchase membership in trade organizations and subscribe to and purchase trade bulletins, journals, and other trade publications; and
(j) may, in cooperation with the director of the department, establish and maintain the executive offices of the committee at any location in the state. The location may be changed at the discretion of the director and the committee.
(2) Funds used by the department for administering the program, including but not limited to personal service costs, operating costs, office and office equipment costs, and other administrative costs attributable to the program, may not exceed 8% of the total amount of grants and contracts awarded from the pulse crop account provided for in 80-11-1006 in the previous fiscal year.
History: En. Sec. 4, Ch. 312, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1004. Pulse crop commodity assessment -- collection

80-11-1004. Pulse crop commodity assessment -- collection.
(1) There is an assessment on pulse crops grown, delivered, and stored as established by the committee by rule in accordance with this section.
(2) The assessment must be at least 1% and no more than 2% of the net receipts of pulse crops grown, delivered, and stored in Montana.
(3) The assessment shall occur at the time of first sale by a producer and must be collected by the first purchaser of the commodity from the producer. The amount must be assessed at the time of each settlement for the commodity purchased or by invoice form provided by the department.
(4) The department shall collect the assessment and deposit the revenue in the pulse crop special revenue account provided for in 80-11-1006.
History: En. Sec. 5, Ch. 312, L. 2017; amd. Sec. 2, Ch. 64, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1005. Refund of assessment

80-11-1005. Refund of assessment.
(1) A producer who has paid assessments to the department may request that the department refund all or a portion of the assessment levied under the rules of the committee and paid by the producer. A refund request must be submitted in writing on an application form that is available without cost to all producers who pay assessments.
(2) The producer shall complete the refund application and return the application to the department, together with a record of the assessment collected, within 90 days after the date of the assessment or final settlement.
(3) If a refund request is not submitted to the department within the prescribed time period, the producer is presumed to have agreed to the assessment.
(4) A producer is not entitled to a refund under this section unless the refundable amount is $5 or more.
History: En. Sec. 6, Ch. 312, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1006. Pulse crop account -- sources -- use -- expenditures

80-11-1006. Pulse crop account -- sources -- use -- expenditures.
(1) There is a pulse crop account in the state special revenue fund to the credit of the department for use as provided in this section.
(2) The account consists of:
(a) proceeds from assessments collected pursuant to 80-11-1004; and
(b) gifts, grants, and donations to the department for research authorized under this part.
(3) Money in the account must be used for the purposes of this part and is separate from all other accounts of the department.
(4) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department of agriculture for use by the Montana pulse crop committee for the purposes of this part. Expenditures for administrative costs allowed under 80-11-1003(2) must be made from temporary appropriations, as described in 17-7-501(1) or (2), made for that purpose.
(5) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. The income from the investments must be credited to the pulse crop account.
History: En. Sec. 7, Ch. 312, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1007. Department activities -- bonding of employees -- assessment of costs

80-11-1007. Department activities -- bonding of employees -- assessment of costs.
(1) Department employees who handle assessments or other receipts must be bonded for the faithful and safe handling of and accounting for the receipts while in their hands and for faithful compliance with this part.
(2) The committee may be assessed costs by the department for the services it provides on request or pursuant to 2-15-121. The costs charged must have a substantial relationship to the costs of services provided.
History: En. Sec. 8, Ch. 312, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 11. Marketing › Part 10. Pulse Crop Research and Marketing › 80-11-1008. Violation -- penalty

80-11-1008. Violation -- penalty.
(1) A person violating a provision of this part is subject to an administrative civil penalty of not more than $5,000 for each monthly statement not filed but required by administrative rule.
(2) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under this section. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6. The department shall adopt the rules within 3 months of July 1, 2019. The department may not enforce the penalties provided for in this section until the rules are adopted.
(3) Funds received in the form of civil penalties must be deposited in the general fund.
History: En. Sec. 9, Ch. 312, L. 2017; amd. Sec. 3, Ch. 64, L. 2019.