Montana Code 80-7-105. Definitions
80-7-105. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
Terms Used In Montana Code 80-7-105
- 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.
- 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.
- 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)”Firm” means an individual, company, partnership, association, or corporation.
(2)”Landscape service” means a firm that buys, sells, or resells nursery stock.
(3)”Nursery” means the business or location where nursery stock is grown, offered for sale, or distributed.
(4)”Nursery stock” means botanically classified plants or parts of plants, including but not limited to tropical potted plants, aquatic plants, and turf or sod grass. Certain plants and plant materials intended for human or animal consumption and not intended for planting may not be considered nursery stock, including the following:
(a)commodity plants and their seeds;
(b)pasture grasses;
(c)cut plants not for propagation;
(d)fruits or vegetables for human or animal consumption;
(e)cut trees and products that are going to be processed to a point that they no longer represent a pest risk; and
(f)plant debris for disposal or processing.
(5)”Plant dealer” means a firm that buys plants or plant products from a producer for the purpose of offering the plants or plant products for sale or resale or as part of a landscape service.
(6)”Plant inspection certificate” means a document issued by the department or the plant pest regulatory agency of another state that declares that the nursery stock, plants, or plant material grown by the firm named on the certificate is apparently free of injurious plant pests.
(7)”Plant pest” means an insect, weed, fungus, virus, bacteria, or other organism that can directly or indirectly injure or cause damage in a plant or a product of a plant and that meets the criteria as a pest established by department rule. For purposes of this chapter, noxious weeds, as defined in 7-22-2101, or other exotic weeds are defined as plant pests.