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.
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