80-3-302. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Container" means any package, sack, box, crate, carton, basket, or other object used for the shipping of produce.
(2) "Director" means the director of agriculture appointed pursuant to 2-15-3001.
(3) "Person" means an individual, firm, association, corporation, partnership, or any other form of business enterprise.
(4) "Produce" means any fruit, vegetable, or other natural product designated by department rule. The term does not include livestock and its byproducts, poultry and its byproducts, apiary products, dairy products, or grain.
(5) "Produce dealer" means a person who engages in a business involving or who as part of a business participates in purchasing, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of produce in this state, except vegetative seed potato products intended or used for planting purposes.
(6) "Produce unit" means the standard size container for a given type of produce. A produce unit may be established by department rule.
(7) "Retail" means sale of produce to the ultimate consumer.
(8) "Shipping point inspection" means an inspection of produce at the location from which it was shipped.
(9) "Stop sale order" means a written notice to hold produce from sale or movement until a violation has been resolved and the produce is released by the department.
(10) "Wholesale" means the sale of produce intended for resale. The term does not include the sale of Montana-grown produce when sold by the Montana grower for purposes of resale or vegetative seed potato products intended or used for planting purposes.
History: En. Sec. 2, Ch. 553, L. 1993.
Structure Montana Code Annotated
80-3-303. Powers and duties of department
80-3-304. Disposition of funds -- produce account
80-3-305. Enforcement -- stop sale order -- injunction
80-3-307. through 80-3-310 reserved
80-3-311. Standard grades for produce
80-3-312. Markings -- exceptions
80-3-313. Advertisements -- grade stated
80-3-314. Reporting requirements -- assessment fees -- exceptions
80-3-315. Shipping point inspection -- fees
80-3-316. through 80-3-320 reserved
80-3-321. Produce dealer license -- exception -- renewal