Current through the 2023 Regular Session
Section 80-11-1101 - Hemp certification program - plan - department authority - rulemaking(1)(a) The department may develop a state hemp certification program plan.(b) If developed, the plan must conform with applicable federal standards and industry best practices.(c) If a hemp commodity advisory committee is formed in accordance with 80-11-510, the department shall request the committee's input in developing the plan.(2) The department may implement a state hemp certification program in accordance with chapter 18, this section, and rules adopted by the department in accordance with subsection (5) of this section.(3)(a) A state hemp certification program must ensure that a product sold or labeled as Montana hemp: (i) is grown under a valid state license and in accordance with chapter 18; and(ii) undergoes laboratory testing protocols to meet applicable state and federal food safety and product labeling laws.(b) A state hemp certification program may contain requirements that are more stringent than those contained in federal law or regulation.(4) After establishment of a state hemp certification program, the department shall include the promotion of Montana-certified hemp in its agricultural product marketing programs.(5) If the department establishes a state hemp certification program, the department shall adopt rules necessary to implement the program. The rules may include but are not limited to: (a) provisions for the operation of a state hemp certification program by the department;(b) fees to be paid by applicable entities commensurate to the costs of operating a state hemp certification program;(c) penalties and enforcement provisions for a state hemp certification program; and(d) additional requirements necessary for administering a state hemp certification program.Added by Laws 2019, Ch. 288,Sec. 1, eff. 5/3/2019.