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Tne Montana Local Food Choice Act is on the governor’s desk. It passed on the third and final readings in the House, 70-20, and the Senate, 32 to 18. Republican Gov. Greg Gianforte will likely sign it, and it will immediately become law with his signature.
Sponsored by state Sen. Greg Hertz, R-Flathead Lake, the Food Choice Act was amended after its introduction Feb. 8 to avoid pitfalls that might have prevented its passage.
The state’s federally sanctioned meat inspection program is not touched. It means food produced under the “Choice Act” cannot include meat. Nor will the Act impact Montana’s general fund, except for some negligible new expenses for the state’s Livestock Department.
Montana’s adoption of the new food choice statute is the most thorough “Food Freedom” law passed by any state since Wyoming’s gained approval in 2015. Direct sales to consumers are economic development strategies for both states.
Here are some o the additional provisions being added to Montana law:
NEW SECTION.
Section 1. Short title — purpose.
(1) This chapter may be cited as the “Montana Local Food Choice Act”.
(2) The purpose of this act is to allow for the sale and consumption of homemade food and food products and to encourage the expansion of agricultural sales by ranches, farms, and home-based producers and the accessibility of homemade food and food products to informed end consumers by:
NEW SECTION.
Section 2. Definitions. For purposes of this chapter, the following definitions apply:
(1) “Deliver” means to transfer a product as a result of a transaction between a producer and an informed end consumer. The action may be performed by the producer or the producer’s designated agent at a farm, ranch, home, office, traditional community social event, or another location agreed to between the producer or agent and the informed end consumer.
(2) “Home consumption” means:
“Traditional community social event” means an event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a:
“Transaction” means an exchange of buying and selling, including the transfer of a product by delivery.
NEW SECTION.
Section 3. Exemptions from regulations — transactions — information required — exceptions.
(1) (a) A state agency or an agency of a political subdivision of the state may not require licensure, permitting, certification, packaging, labeling, or inspection that pertains to the preparation, serving, use, consumption, delivery, or storage of homemade food or a homemade food product under this chapter.
This chapter does not preclude an agency from providing assistance, consultation, or inspection requested by a producer.
A producer is not subject to labeling, licensure, inspection, sanitation, or other requirements or standards of 30-12-301; Title 50, chapter 31; or Title 81, chapters 2, 9, 21, or 22, or 23. Transactions pursuant to this chapter:
Meat or meat products sold pursuant to [sections 1 through 3] must be processed at a state-licensed or federally approved meat establishment that may not be used in the preparation of homemade food.
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