House Bill No. 105
Introduced By barnett, hargrove, swysgood
By Request of the Department of Agriculture
A Bill for an Act entitled: "An Act clarifying the authority and responsibility of the department of agriculture for the control and prevention of the spread of contagious disease in seed potato stock; EXTENDING TO ALL COUNTIES CERTAIN RESTRICTIONS REGARDING THE PLANTING OR PROPAGATION OF NONCERTIFIED SEED POTATOES; defining "commercial purpose"; revising certification record compilation and publication requirements; and amending sections 80-5-402, 80-5-403, 80-5-404, and 80-5-405, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 80-5-402, MCA, is amended to read:
"80-5-402. Definitions. As used in this part, the following definitions apply:
(1) "Certified seed potatoes" means potato seed stock that has passed limited field and storage inspections and that has been grown in accordance with the certification rules and regulations of an official seed potato certifying agency of the state or country of origin and certified as such.
(2) "Commercial purpose" means planting or propagating potatoes for the purpose of selling, trading, or otherwise exchanging for profit.
(3) "Department" means the department of agriculture provided for in 2-15-3001.
(3)(4) "Person" means an individual, firm, partnership, corporation, company, association, or separate business or legal
entity. (4)(5) "Seed potatoes" or "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."
Section 2. Section 80-5-403, MCA, is amended to read:
"80-5-403. Imported seed potatoes -- restrictions -- exceptions
-- quarantine. (1) To control and prevent the spread of
contagious diseases among seed potato stock :, (a) seed potatoes may not be imported into this state for any commercial or agricultural purpose unless the seed potatoes
are: (i)(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; (ii)(b) inspected subject to inspection at the Montana receiving point by a federal or state-federal standard grade inspector; (iii)(c) shipped in a clean, disinfected container or transportation carrier; and (iv)(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 ; and (b) seed or commercial potatoes, equipment, machinery, bags, or containers known to be diseased or contaminated with
bacterial ring rot, nematode, or tuber moth may not be brought into this state.
(2) The provisions of
this section 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.
The department shall quarantine seed potatoes imported into the state in violation of this section. The department shall
adopt rules governing quarantines and regulating the use or disposition of quarantined seed potatoes. 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."
Section 3. Section 80-5-404, MCA, is amended to read:
"80-5-404. Planting noncertified seed potatoes prohibited
in certain counties -- restrictions -- exceptions. (1) To
control and prevent the spread of contagious diseases and viruses among seed potato stock, it shall be is unlawful after
January 1, 1990, for any person to plant or produce potatoes, either seed or commercial, from any seed potato stock unless
the seed potatoes are:
(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;
inspected subject to inspection at the receiving point by a federal or state-federal standard grade inspector if from a
source outside the county;
(c) shipped in a clean, disinfected container or transportation carrier; and
(d) for each individual lot of seed potatoes, accompanied by a United States department of agriculture or state of origin certificate 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.
The provisions of this section apply only to counties where Montana certified Montana-certified seed potatoes are
produced and certified by Montana state university-Bozeman during the preceding crop year as provided for in 80-5-301
through 80-5-305. On or before November 15 January 1 of each year, the department shall compile from official
certification records at Montana state university-Bozeman a list of counties affected by this section and shall publish the
provisions of this section throughout those counties. (3) The provisions of this section do not apply to:
(a) potatoes grown in home gardens;
(b) potatoes grown by any unit of the Montana university system for research or educational purposes."
Section 4. Section 80-5-405, MCA, is amended to read:
"80-5-405. Enforcement -- penalty. (1) The department shall administer and enforce the provisions of this part.
(2) When potatoes are found to be in violation of this part, the department may issue orders:
(a) restricting transportation of the potatoes;
(b) requiring treatment or destruction of the potatoes; or
(c) requiring other disease prevention or suppression measures.
(3) The department may adopt rules governing quarantines to prevent the intrastate or interstate movement of diseases of potatoes from infested areas and adjacent areas. Quarantines may restrict or prohibit the transportation of plants, seed potatoes, machinery, equipment, soil, or other material capable of transporting the disease in any stage of development.
Any A person violating any provision of this part is guilty of a misdemeanor and upon conviction shall be punished as
provided in 46-18-212."