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.