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 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;
     (b) inspected 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.
     (2) The provisions of this section apply only to counties where Montana certified seed potatoes are produced and certified by Montana state university during the preceding crop year as provided for in 80-5-301 through 80-5-305. On or before November 15 of each year, the department shall compile from official certification records at Montana state university 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.

     History: En. Sec. 4, Ch. 610, L. 1989.