Lawmakers advance bill to repeal law requiring disclosure of huckleberry patches
Huckleberries on a bush
UM Legislative News Service -University of Montana School of Journalism
A bill tromping through the Montana Legislature would repeal a 2007 law that sought to protect the authenticity of the almighty Montana huckleberry by requiring that anyone labeling something as "huckleberry" register their berry patch with the state Department of Agriculture.
"Not a single person ever told the government where their huckleberries were. Because, I believe the first rule of huckleberry club is: 'Do not tell anybody where your huckleberries are,'" Cort Jensen, the department's chief attorney told the Senate Agriculture, Livestock and Irrigation Committee on Tuesday, Jan. 31.
Huckleberries are a staple to the Montana economy and carry a mysterious lure that attracts tourists from all over the world. These berries are also rare and only grow in particular climates. They require high altitude and acid-rich soil, which makes the Rocky Mountains a perfect habitat for the berries. Their rarity combined with their novelty makes them heavily sought after by companies and berry pickers. Montana huckleberries can go for over $60 a gallon on websites such as craigslist.
Jensen said the 2007 law, which was supposed to levy criminal penalties and fines against people who mislabel huckleberry products or do not register their berry patches, was probably introduced and passed in good faith, but that there was never any money allocated to enforcing the program. So, when Gov. Greg Gianforte asked for agencies to look for ways to clean up Montana Code as part of his "Red-Tape Initiative," the huckleberry law was part of the code that could just go away.
Rep. Paul Green, R-Hardin, is sponsoring House Bill 94 on behalf of the Department of Agriculture, which would strike the 2007 law.
"Since the passage of this law, the huckleberry prohibition bootleggers have never once registered a patch. The huckleberry mafia has been so influential that there has never been a citation for illegal huckleberry activity," Green said. "I believe it's time we repealed the huckleberry law and allow huckleberry picking to come out of the dark and become productive citizens of our great state."
HB 94 passed through the House of Representatives 96-2 on Jan. 20 and moved to the senate committee, where it passed on a 7-4 vote Wednesday, Feb. 1, and will now be debated by the full Senate, which can then send it to the governor's desk.
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