Terms Used In Montana Code > Title 80 > Chapter 5 > Part 4 - Seed Potato Disease Control Act

• 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

• Commercial purpose: means planting or propagating potatoes for the purpose of selling, trading, or otherwise exchanging for profit. See Montana Code 80-5-402
• 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.
• Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 80-5-402
• Lot: means a definite quantity of seed identified by a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Montana Code 80-5-120
• 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 an individual, firm, partnership, corporation, company, association, or separate business or legal entity. See Montana Code 80-5-402
• 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
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Variety: means a subdivision of a kind that is:

  (a)distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;

  (b)uniform, in the sense that the variations in essential and distinctive characteristics are describable; and

  (c)stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See Montana Code 80-5-120