80-11-1101. Hemp certification program — plan — department authority — rulemaking. (1) (a) The department may develop a state hemp certification program plan.

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(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.