(1) Any producer desiring to participate in the program shall submit an application on a form provided by the department, which shall include the appropriate application fee and a Montana Natural Beef Program agreement, which must be signed by the applicant. The applicant shall also participate in an in-person evaluation as a part of the certification process.

(2) The department shall establish the terms and conditions included in the agreement consistent with Title 80, chapter 11, part 8, MCA, and this chapter. An agreement shall include, but is not limited to, the following requirements:

(a) the certificate holder shall not use any proprietary rights of the program except as allowed by law or pursuant to the terms of the agreement and this chapter;

(b) the certificate holder shall follow all applicable program procedures and keep detailed records showing full compliance with requirements of the program;

(c) the certificate holder shall pay all fees and costs;

(d) the certificate holder shall submit to all inspections and audits, and to allow or provide for access by the department, Department of Livestock or its designees, to the facility, enrolled cattle, and records during regular business hours for such purposes;

(e) the certificate holder shall represent that the applicable requirements set forth in this chapter for the animal at each applicable stage of production will be met;

(f) the certificate holder shall comply with all applicable state, federal, and local laws, rules, and ordinances;

(g) the certificate holder agrees that the certificate may be suspended or revoked by the department as provided in this chapter.

(3) If an application is approved, the department shall issue a certificate verifying the holder has met the Montana Natural Beef Program requirements.

(4) The department may deny an application if it determines that issuing the certificate will put the integrity of the program at risk. When making this determination, the department may consider the following information relating to the applicant:

(a) ability to comply with the program requirements;

(b) willingness to comply with the program requirements;

(c) history, as provided by the department or Department of Livestock, of noncompliance with livestock or agriculture rules that has lead to fines;

(d) whether applicant will be subject to the jurisdiction of the program;

(e) whether livestock to be enrolled will be subject to the jurisdiction of the program;

(f) whether applicant has, in the past, failed to meet any requirements of the program;

(g) whether applicant has done anything to jeopardize the integrity of the program.

(5) Each certificate shall be renewed annually upon receipt of a renewal application unless the certificate is otherwise terminated by the department.