80-11-504. Powers of department -- rulemaking. (1) In consultation with respective commodity advisory committees, the department may:

(a) adopt commodity research and market development programs pursuant to 80-11-512;

(b) adopt rules necessary for the implementation and administration of this part and commodity research and market development programs;

(c) hire employees or enter into contracts or agreements for the administration of commodity research and market development programs;

(d) enter into reciprocal agreements with analogous agricultural commodity research and market development programs outside of Montana for the collection and transfer of assessments on commodities sold across state borders;

(e) conduct audits of first purchaser commodity businesses to ensure collection and payment of commodity assessments in accordance with 80-11-516;

(f) place stop purchase or sale orders on commodities and apply for and obtain injunctions against first purchaser commodity businesses when it is determined that the first purchaser has not been collecting and paying required commodity assessments in accordance with 80-11-516;

(g) provide for the enforcement of this part;

(h) provide for the conduct of marketing and research into the production and uses of agricultural commodities;

(i) enter into contracts or agreements with units of the Montana university system and other university systems and other organizations, public or private, for purposes of:

(i) improving commodity quality;

(ii) increasing the efficiency of production;

(iii) developing marketing knowledge and markets;

(iv) determining new uses for commodities;

(v) developing alternative and rotation crops; and

(vi) carrying out all research and market development contemplated by this part.

(2) In administering the provisions of this part, the department may adopt rules establishing guidelines for:

(a) the petition and hearing process regarding adoption or elimination of commodity research and market development programs as set out in 80-11-512 and 80-11-513;

(b) the creation of commodity advisory committees as set out in 80-11-510;

(c) the adoption, collection, and enforcement of commodity assessments as set out in 80-11-515 and 80-11-516;

(d) policies and procedures for administration of commodity research and market development programs suggested by commodity advisory committees pursuant to 80-11-511; and

(e) conducting or contracting for commodity research and market development projects and guidelines for procedures for entering into reciprocal agreements with analogous commodity research and market development programs outside of Montana, as contemplated in this section.

History: En. Sec. 4, Ch. 83, L. 1999.