(1) Categories will be as follows: Category A are certified varieties formally approved by the department, Category B are certified varieties approved by other states or countries at a level equivalent to the department, Category C are all other hemp cultivars that an applicant reasonably believes will not produce a plant with over 0.3 percent total THC at any time prior to harvest and are not in Category D, and Category D includes all cultivars forbidden by any federal law or regulation or added by rule by the department because of its inability to consistently produce hemp.

(2) A list of approved Category A and Category B varieties can be found on the department's website at https://agr.mt.gov/Industrial-Hemp. The list will be updated annually.