80-5-402. Definitions. As used in this part, the following definitions apply:

Terms Used In Montana Code 80-5-402

  • Certifying agency: means :

    (a)an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and that has standards and procedures to ensure the genetic purity and identity of the seed certified; or

    (b)an agency of a foreign country determined by the department to adhere to procedures and standards for seed certification that are comparable to those adhered to generally by the seed certifying agencies described in subsection (5)(a). See Montana Code 80-5-120

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 80-5-402
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • potato seed: means all varieties of potato tubers, stems, and other plant parts of the herb plant known as Solanum tuberosum that are intended or used for seed purposes, planting, propagation, or reproduction. See Montana Code 80-5-402
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)”Certified seed potatoes” means potato seed stock that has passed limited field and storage inspections and that has been grown in accordance with the certification rules and regulations of an official seed potato certifying agency of the state or country of origin and certified as such.

(2)”Commercial purpose” means planting or propagating potatoes for the purpose of selling, trading, or otherwise exchanging for profit.

(3)”Department” means the department of agriculture provided for in 2-15-3001.

(4)”Person” means an individual, firm, partnership, corporation, company, association, or separate business or legal entity.

(5)”Seed potatoes” or “potato seed” means all varieties of potato tubers, stems, and other plant parts of the herb plant known as Solanum tuberosum that are intended or used for seed purposes, planting, propagation, or reproduction.