(1) When the department has reasonable cause to believe any lot of certified material is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written order requiring the person holding the material not to sell, use, or remove it in any manner until written permission is given by the department.  The department will release the order when the provisions of the act and rules are met.  If compliance is not obtained within 30 days, the department may begin proceedings for condemnation or revoke the material certification. The disposition of the material may not be ordered by the department without first giving the owner or person from whom the material was seized an opportunity to apply to the department for release of the material or for permission to process or bring it into compliance with this chapter, and an opportunity to contest any such order under the provisions of 80-7-910(2), MCA.  

(2)  Materials with revoked certifications may be sold to any customer or area that does not require the use of certified weed free materials.


History: 80-7-902, MCA; IMP, 80-7-902, MCA; NEW, 2021 MAR p. 1048, Eff. 8/28/21.