Montana Code 80-5-403. Imported seed potatoes — restrictions — exceptions
80-5-403. Imported seed potatoes — restrictions — exceptions. (1) To control and prevent the spread of contagious diseases among seed potato stock, seed potatoes may not be imported into this state for any commercial purpose unless the seed potatoes are:
Terms Used In Montana Code 80-5-403
- Commercial purpose: means planting or propagating potatoes for the purpose of selling, trading, or otherwise exchanging for profit. See Montana Code 80-5-402
- Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 80-5-402
- potato seed: means all varieties of potato tubers, stems, and other plant parts of the herb plant known as Solanum tuberosum that are intended or used for seed purposes, planting, propagation, or reproduction. See Montana Code 80-5-402
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Variety: means a subdivision of a kind that is:
(a)distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;
(b)uniform, in the sense that the variations in essential and distinctive characteristics are describable; and
(c)stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See Montana Code 80-5-120
(a)from seed stock produced as a part of a certified seed potato crop in the state or country of origin and certified as being from that stock;
(b)subject to inspection at the Montana receiving point by a federal or state-federal standard grade inspector;
(c)shipped in a clean, disinfected container or transportation carrier; and
(d)accompanied by a United States department of agriculture or state of origin certification of inspection describing the seed variety, seed class, standard grade, quality or condition, and seed source and have affixed to each inspection certificate an official state of origin seed potato certification tag or label.
(2)The provisions of subsection (1) do not apply to any unit of the Montana university system when it is importing into this state potato seed for research or educational purposes.
(3)Seed or commercial potatoes, equipment, machinery, bags, or containers known to be diseased or contaminated with bacterial ring rot, golden nematode, or other diseases designated by department rule may not be brought into this state.