Montana Code 76-10-105. Requirements of buyer
76-10-105. Requirements of buyer. (1) A buyer of wildcrafted plant material shall keep records of purchases or acquisitions of wildcrafted plant material for a period of 3 years from the date of purchase or acquisition.
Terms Used In Montana Code 76-10-105
- Buyer: means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale. See Montana Code 76-10-102
- Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property. See Montana Code 76-10-102
- Person: includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization. See Montana Code 76-10-102
- Property: means land, roads, water, watercourses, and private ways. See Montana Code 76-10-102
- Seller: means a person who sells wildcrafted plant material. See Montana Code 76-10-102
- Wildcrafted plant material: means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana. See Montana Code 76-10-102
(2)Copies of the records must be made available to a law enforcement officer upon request.
(3)The records must include:
(a)the date of purchase or acquisition;
(b)the common name or scientific name of the wildcrafted plant material;
(c)the number of the permit, if a number exists, or a copy of the permit or the written permission authorizing the wildcrafting, unless the material came from property owned by the seller;
(d)the name, address, telephone number, and signature of the person from whom the wildcrafted plant material was obtained;
(e)the license plate number of the vehicle that was used to deliver the wildcrafted plant material to the buyer;
(f)the quantity and plant part of wildcrafted plant material purchased or acquired; and
(g)the name, address, and telephone number of the landowner from whose land the wildcrafted plant material was harvested.