Terms Used In Montana Code > Title 80 > Chapter 11 - Marketing

• 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. See Montana Code 80-11-503
• Agricultural products: means crops, livestock, and livestock products. See Montana Code 80-11-101
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Commercial channels: means the sale of wheat or barley for any use when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or barley or product produced from wheat or barley. See Montana Code 80-11-201
• 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. See Montana Code 80-11-503

• Committee: means the Montana wheat and barley committee provided for in 2-15-3002. See Montana Code 80-11-201
• Committee: means the Montana alfalfa seed committee established in 2-15-3004. See Montana Code 80-11-303
• Committee: means the Montana pulse crop committee provided for in 2-15-3007. See Montana Code 80-11-1001
• 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. See Montana Code 80-11-503
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• 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. See Montana Code 80-11-303
• Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 80-11-1001
• First purchaser: means any person, public or private corporation, association, or partnership buying, accepting for shipment, or otherwise acquiring the property in or to wheat or barley from a grower and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, where the actual or constructive possession of such wheat or barley is taken as part payment or in satisfaction of such mortgage, pledge, lien, or claim. See Montana Code 80-11-201
• 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. See Montana Code 80-11-503
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grower: means any landowner personally engaged in growing wheat or barley, a tenant of the landowner personally engaged in growing wheat or barley, or both the owner and the tenant jointly; and includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and any and all other business units, devices, and arrangements. See Montana Code 80-11-201
• 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. See Montana Code 80-11-303
• 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. See Montana Code 80-11-303
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Marketing: means all activities involved in getting agricultural products from the producer to the consumer and includes transportation, processing, and distribution. See Montana Code 80-11-101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Net receipts: means the net weight multiplied by the price paid to the producer. See Montana Code 80-11-1001
• 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.
• Person: means a natural person, individual, firm, partnership, association, corporation, company, or organized group of persons and any trustee, receiver, assignee, or similar representative. See Montana Code 80-11-503
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• 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. See Montana Code 80-11-503
• 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. See Montana Code 80-11-1001
• Property: means real and personal property. See Montana Code 1-1-205
• Pulse crops: means dry peas, lentils, chickpeas, and fava beans. See Montana Code 80-11-1001
• Quorum: The number of legislators that must be present to do business.
• Sale: includes any pledge or mortgage of wheat or barley after harvest to any person, public or private. See Montana Code 80-11-201
• Sale: includes any mortgage or pledge of agricultural commodities to a person, public or private. See Montana Code 80-11-503
• 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
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203