50-49-202. Definitions. For the purposes of this part, the following definitions apply:
 (1) "Deliver" means to transfer a product as a result of a transaction between a producer and an informed end consumer. The action may be performed by the producer or the producer's designated agent at a farm, ranch, home, office, traditional community social event, or another location agreed to between the producer or agent and the informed end consumer. 
 (2) "Home consumption" means: 
 (a) the consumption of food or a food product in a private home; or 
 (b) the consumption of food or a food product from a private home. 
 (3) "Homemade" means food or a food product that is prepared in a private home and that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations. 
 (4) "Informed end consumer" means a person who is the last person to purchase a product, does not resell the product, and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations. 
 (5) (a) "Producer" means a person who harvests, produces, or prepares a product that may be consumed as homemade food or a homemade food product. The term includes a person operating a small dairy. 
 (b) The term does not include the entities listed in 50-49-203(1)(c). 
 (6) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk. 
 (7) "Traditional community social event" means an event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a: 
 (a) wedding; 
 (b) funeral; 
 (c) church or religious social; 
 (d) school event; 
 (e) farmer's market; 
 (f) potluck; 
 (g) neighborhood gathering; 
 (h) club meeting or social; or 
 (i) youth or adult outdoor club or sporting event. 
 (8) "Transaction" means an exchange of buying and selling, including the transfer of a product by delivery. 
 History: En. Sec. 2, Ch. 320, L. 2021.
Structure Montana Code Annotated