80-11-501. Short title

80-11-501. Short title. This part may be cited as the “Agricultural Commodity Research and Market Development Enabling Act”. History: En. Sec. 1, Ch. 83, L. 1999.

80-11-502. Findings — purpose

80-11-502. Findings — purpose. (1) The legislature finds that: (a) agriculture is the leading industry in Montana, based on cash receipts, and that agricultural commodities are resources of the first magnitude in the economy of Montana residents; (b) agricultural commodities are prime factors in the production of wealth and in the development and stabilization of property values and […]

80-11-503. Definitions

80-11-503. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply: (1) ”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. (2) ”Commercial channels” means the […]

80-11-504. Powers of department — rulemaking

80-11-504. Powers of department — rulemaking. (1) In consultation with respective commodity advisory committees, the department may: (a) adopt commodity research and market development programs pursuant to 80-11-512; (b) adopt rules necessary for the implementation and administration of this part and commodity research and market development programs; (c) hire employees or enter into contracts or agreements for the administration […]

80-11-505. through 80-11-509 reserved

80-11-505 through 80-11-509 reserved.

80-11-510. Creation of commodity advisory committees

80-11-510. Creation of commodity advisory committees. (1) The department may create commodity advisory committees subject to the following: (a) Twenty-five or more producers of a commodity shall petition the department to create a commodity advisory committee. The format, information required, and criteria of valid petitions must be established by department rule. (b) Within 60 days of receipt and […]

80-11-511. Duties of commodity advisory committees

80-11-511. Duties of commodity advisory committees. (1) Each commodity advisory committee created in 80-11-510 shall advise the department regarding: (a) policies and procedures to be followed by the department when administering a commodity research and market development program associated with each respective advisory committee; (b) adoption of rules implementing and administering respective commodity research and market development programs; […]

80-11-512. Adoption of commodity research and market development program — referendum — hearing

80-11-512. Adoption of commodity research and market development program — referendum — hearing. (1) A commodity advisory committee formed pursuant to 80-11-510 shall hold at least one public hearing to receive relevant input from affected growers and producers on a proposed referendum, including the amount of the proposed assessment and the method of collection. The department […]

80-11-513. Elimination of commodity research and market development program — petition — hearing

80-11-513. Elimination of commodity research and market development program — petition — hearing. The department shall eliminate a commodity research and market development program subject to the following: (1) After 2 years from the date on which a commodity research and market development program is adopted, the department may, upon its own accord or upon receipt of […]

80-11-514. reserved

80-11-514 reserved.

80-11-515. Annual commodity assessment — collection

80-11-515. Annual commodity assessment — collection. (1) The department, in consultation with each commodity advisory committee, shall, for each commodity associated with a research and marketing program, adopt by rule an annual assessment on program commodities grown, delivered, or stored in Montana and sold through commercial channels. (2) The assessments are levied and imposed: (a) at the time […]

80-11-516. Delivery of invoice — form — filing of sworn statement — payment of assessment — refund

80-11-516. Delivery of invoice — form — filing of sworn statement — payment of assessment — refund. (1) The first purchaser of a commodity at the time of sale or the mortgagee, pledgee, or other lender at the time of the loan or advance shall give separate invoices for each purchase, delivery, or storage charge to […]

80-11-517. Receipt of gifts, grants, and donations for research and marketing purposes

80-11-517. Receipt of gifts, grants, and donations for research and marketing purposes. The department may receive gifts, grants, and donations for any commodity research and market development conducted pursuant to this part. History: En. Sec. 11, Ch. 83, L. 1999.

80-11-518. Account established — sources — use — expenditures

80-11-518. Account established — sources — use — expenditures. (1) There is an account in the state special revenue fund into which must be placed: (a) the proceeds of all commodity assessments and penalties collected under this part; and (b) the proceeds from all gifts, grants, and donations to the department for commodity research and market development received […]

80-11-519. Penalty for violation

80-11-519. Penalty for violation. A person who violates any provision of this part is guilty of a misdemeanor and upon conviction shall be fined an amount not less than $25 or more than $1,000. All fines collected must be deposited as provided in 80-11-518. History: En. Sec. 13, Ch. 83, L. 1999.