80-3-321. Produce dealer license -- exception -- renewal. (1) A produce dealer license is required for any person who:
     (a) wholesales produce in this state;
     (b) transports produce from out of state into this state for retail sale; or
     (c) retails produce grown by the produce dealer in this state when gross retail sales exceed $25,000 annually.
     (2) A produce dealer license is not required for a person who complies with the requirements of this part and:
     (a) retails produce grown by that person in this state if annual gross produce sales do not exceed $25,000. However, the person shall, upon request of the department, furnish a sworn statement providing that the produce was grown by that person, stating the location where the produce was grown, and stating the amount of gross sales.
     (b) is a nonprofit organization that is recognized by the director and that retails only produce purchased from licensed produce dealers or from Montana produce dealers who are in compliance with this part.
     (3) An applicant for a produce dealer license shall provide any information that the department finds necessary to carry out the provisions of this part. Produce dealer licenses expire on December 31 of the year of issuance. A produce dealer shall pay a nonrefundable license fee of $50. A separate license is required for each place of business, including vehicles. The license fee must be credited toward the produce assessment fee prescribed in 80-3-314.
     (4) A produce dealer license, if required, must be carried at any time produce is sold, and the license is subject to inspection by any person.
     (5) A license issued under this section may not be sold or transferred from one vehicle or location to another without the written consent of the department.

     History: En. Sec. 12, Ch. 553, L. 1993; amd. Sec. 2, Ch. 191, L. 2009.