80-7-913. Creation of certification programs — other materials. (1) The department may by rule establish certification programs for materials other than forage. Certification may include but is not limited to:

Terms Used In Montana Code 80-7-913

  • Certification: means the state-approved and documented process of determining within a standard range of variances or tolerances that forage production fields are free of the seeds of noxious weeds, as defined in 7-22-2101, which process allows a person to sell the forage as noxious weed seed free and to attach approved certification identification. See Montana Code 80-7-903
  • Forage: means any crop, including alfalfa, grass, small grains, straw, and similar crops and commodities, that is grown, harvested, and sold for livestock forage, bedding material, or mulch or related uses and the byproducts of those crops or commodities that have been processed into pellets, cubes, or related products. See Montana Code 80-7-903
  • Person: means a natural person, individual, firm, partnership, association, corporation, company, joint-stock association, body politic, or organized group of persons, whether incorporated or not, and any trustee, receiver, assignee, or similar representative. See Montana Code 80-7-903
  • 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

(a)noxious weed free;

(b)noxious weed and seed free; or

(c)invasive organism free.

(2)Programs established in accordance with subsection (1) must be paid for using fees or donations and may not be mandated by the department.

(3)All fees, materials, and standards for programs established in accordance with this section must be included in rules established in accordance with subsection (1).

(4)A person who falsely claims a certification created under this section is subject to penalties under 80-7-922.

(5)To assist in implementation of a program, the department may enter into agreements with counties, the Montana state university extension service, other states, federal agencies, or other parties.