80-7-105. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
     (1) "Firm" means an individual, company, partnership, association, or corporation.
     (2) "Landscape service" means a firm that buys, sells, or resells nursery stock.
     (3) "Nursery" means the business or location where nursery stock is grown or offered for sale or resale or as part of a landscape service.
     (4) "Nursery stock" means botanically classified plants or parts of plants, including but not limited to tropical potted plants, aquatic plants, cut trees and their products, and turf or sod grass. The following plants and plant materials may not be considered nursery stock:
     (a) field crop plants and seeds;
     (b) pasture grasses;
     (c) cut plants not for propagation;
     (d) fruits or vegetables for human or animal consumption;
     (e) cut trees and products that are going to be processed to a point that they no longer represent a pest risk; and
     (f) plant debris for disposal or processing.
     (5) "Nursery stock certification" means the process by which the nursery stock or other plants have been inspected and found to meet certification standards established by department rule.
     (6) "Plant dealer" means a firm that buys plants or plant products from a producer for the purpose of offering the plants or plant products for sale or resale or as part of a landscape service.
     (7) "Plant inspection certificate" means a document issued by the department or the plant pest regulatory agency of another state that declares that the nursery stock, plants, or plant material grown by the firm named on the certificate is apparently free of injurious plant pests.
     (8) "Plant pest" means an insect, weed, fungus, virus, bacteria, or other organism that can directly or indirectly injure or cause damage in a plant or a product of a plant and that meets the criteria as a pest established by department rule. For purposes of this chapter, noxious weeds, as defined in 7-22-2101(8)(a)(i), or other exotic weeds are defined as plant pests.
     (9) "Small plant vendor" means a Montana firm that is engaged in the business of selling or distributing nursery stock, including coniferous Christmas decorations, and that:
     (a) grows in Montana the nursery stock offered for sale or distribution; and
     (b) has gross annual sales of less than $1,000 in a calendar year.

     History: En. Sec. 1, Ch. 551, L. 1993; amd. Sec. 20, Ch. 407, L. 2001; amd. Sec. 1, Ch. 384, L. 2007; amd. Sec. 2, Ch. 393, L. 2009.