(1) An applicant to the Montana State Hemp Program must:
(a) not be forbidden from participating by a federal agency and agree to a criminal background check;
(b) meet any additional requirements that the USDA or FDA places on the department for the continuation of the program;
(c) not grow Category D varieties listed in ARM 4.19.108;
(d) apply to the department for participation in the program; and
(e) keep all records related to the planting, growing, harvesting, storage, destruction, distribution, sale and/or processing of hemp, and make those records available for inspection for a minimum of three years.
(2) Live hemp plants or propagatable hemp plant parts may only be sold to persons licensed to grow hemp. Viable hemp seed intended for propagation may only be sold to persons licensed to grow hemp or persons licensed to process, condition, or sell seed for propagation. Hemp grain intended for use as an approved food ingredient or oil, may only be sold to persons licensed to purchase, handle, or process hemp grain or another commodity.