80-3-302. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Aquaculture" means the commercial production of aquatic organisms under controlled conditions throughout part or all of their life cycle.

(2) "Aquaculture products" means articles used for human consumption produced by aquaculture. The term includes but is not limited to fish, shellfish, and aquatic plants.

(3) "Container" means any package, sack, box, crate, carton, basket, or other object used for the shipping of produce.

(4) (a) "Controlled conditions" means the management of water quality, feed, stocking density, and environmental parameters within an aquatic system to optimize the growth and health of farmed aquatic organisms. Controlled conditions include the conditions required by a controlled species permit or a prohibited species permit issued pursuant to Title 87, chapter 5, part 7.

(b) The term does not include a pond, lake, reservoir, river, ocean, or stream.

(5) "Director" means the director of agriculture appointed pursuant to 2-15-3001.

(6) "Person" means an individual, firm, association, corporation, partnership, or any other form of business enterprise.

(7) (a) "Produce" means any fruit, vegetable, aquaculture product, or other natural product designated by department rule.

(b) The term does not include livestock and its byproducts, poultry and its byproducts, apiary products, dairy products, or grain.

(8) "Produce dealer" means a person who engages in a business involving or who as part of a business participates in purchasing, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of produce in this state, except vegetative seed potato products intended or used for planting purposes.

(9) "Produce unit" means the standard size container for a given type of produce. A produce unit may be established by department rule.

(10) "Retail" means sale of produce to the ultimate consumer.

(11) "Shipping point inspection" means an inspection of produce at the location from which it was shipped.

(12) "Stop sale order" means a written notice to hold produce from sale or movement until a violation has been resolved and the produce is released by the department.

(13) (a) "Wholesale" means the sale of produce intended for resale.

(b) The term does not include the sale of Montana-grown produce when sold by the Montana grower for purposes of resale or vegetative seed potato products intended or used for planting purposes.