80-11-701. Content criteria for Montana huckleberry products. (1) The label for a product that contains the terms "Montana" and "huckleberry" must meet the following criteria:

(a) The huckleberries must have been picked in the wild from a designated area in Montana that the producer has placed on file with the department. The department shall maintain the designated area information as confidential information but may respond generally to inquiries about whether a producer has listed a designated area for its huckleberry products.

(b) A product that lists only huckleberries as the berry used in the product must meet the criteria listed in subsection (1)(a).

(c) A product that lists huckleberries mixed with other berries must state the proportions and must distinguish the proportion of Montana huckleberries, as designated under subsection (1)(a), from huckleberries grown elsewhere or other types of berries.

(2) A huckleberry product that meets the criteria in subsection (1)(a) and the requirements of 7 CFR 205.207 and the labeling requirements of 7 CFR 205.300, et seq., may be labeled organic.

(3) (a) For the purposes of this section, "huckleberry" means a berry referring to various wild species of the Vaccinium genus, commonly referred to in this state as a huckleberry or Montana huckleberry. The berries usually are less than 5 millimeters in diameter. Among these species are Vaccinium membranaceum and Vaccinium globulare.

(b) The term does not include berries of the species Vaccinium myrtilloides, the Vaccinium angustifolium, Vaccinium ashei, or Vaccinium corymbosum.