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