1. (1)

   1. (a) The department may develop a state hemp certification program plan.
   2. (b) If developed, the plan must conform with applicable federal standards and industry best practices.
   3. (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. (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. (3)

   1. (a) A state hemp certification program must ensure that a product sold or labeled as Montana hemp:

      1. (i) is grown under a valid state license and in accordance with chapter 18; and
      2. (ii) undergoes laboratory testing protocols to meet applicable state and federal food safety and product labeling laws.
   2. (b) A state hemp certification program may contain requirements that are more stringent than those contained in federal law or regulation.
4. (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. (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:

   1. (a) provisions for the operation of a state hemp certification program by the department;
   2. (b) fees to be paid by applicable entities commensurate to the costs of operating a state hemp certification program;
   3. (c) penalties and enforcement provisions for a state hemp certification program; and
   4. (d) additional requirements necessary for administering a state hemp certification program.

History: En. Sec. 1, Ch. 288, L. 2019.