Mont. Code Ann. § 80-15-414 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-414
80-15-414 Criminal penalties
Status: in_force

80-15-414 . Criminal penalties. (1) A person who intentionally commits a violation as specified in 80-15-402 is guilty of an offense and subject to a fine not to exceed $25,000 for each day the violation continues or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, a subsequent conviction subjects a person to a fine of not more than $50,000 for each day the violation continues or imprisonment for not more than 2 years, or both.

(2) Except as otherwise provided in this chapter, a person convicted of violating any of the provisions of this chapter or rules issued under this chapter or who misrepresents, impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the department from performance of its duties in connection with the provisions of this chapter is guilty of a misdemeanor and shall be fined not less than $100 but not more than $1,500.

(3) A person who knowingly makes any false statement, representation, or certification in any record, report, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall, upon conviction, be punished by a fine of not more than $5,000 or by imprisonment for not more than 6 months, or both.

(4) A person who with intent to defraud uses or reveals confidential information and data provided under this chapter or rules issued under this chapter shall, upon conviction, be fined not more than $5,000 or imprisoned for not more than 1 year, or both.
Mont. Code Ann. § 80-3-301 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-301
80-3-301 Short title
Status: in_force

80-3-301 . Short title. This part may be cited as the "Montana Produce Act".
Mont. Code Ann. § 80-10-208 — MT Code / Title 80 / Chapter 10 / Part 2 / Section 80-10-208
80-10-208 Penalties
Status: in_force

80-10-208 . Penalties. (1) A penalty of two times the commercial value of the deficiency, as determined by the retail price based on a semiannual state survey, may be assessed:

(a) if the analysis shows that a commercial fertilizer is deficient in one or more of its guaranteed primary nutrients beyond the investigational allowance as established by regulation; or

(b) if the overall index value of the fertilizer is below the level established by regulation.

(2) When a commercial fertilizer is subject to a penalty under both subsections (1)(a) and (1)(b), the larger penalty applies.

(3) Deficiencies beyond the investigational allowances as established by regulation in any other constituent covered under 80-10-102 (1)(b), (1)(c), and (1)(d) that the registrant is required to or may guarantee may be evaluated, and penalties may be assessed at two times the commercial value of the deficiency as determined by the retail price based on a semiannual state survey.

(4) Nothing contained in this section prevents any person from appealing the department's decision to a court of competent jurisdiction.

(5) All penalties assessed under this section must be paid to the consumer of the lot, not to exceed 100 tons, of commercial fertilizer represented by the sample analyzed within 3 months after the date of notice from the department to the responsible party. If at the end of the 3-month period the consumer cannot be found, receipts must be taken and promptly forwarded to the department for deposit in the state special revenue fund as provided in 80-10-207 .

(6) If the department cannot reasonably determine the lot size, then the lot size is considered to be 2 tons for the purposes of calculating the commercial value of the deficiency.

(7) A deficiency in an official sample of mixed fertilizer that results from nonuniformity is not distinguishable from a deficiency to actual plant nutrient shortage and is subject to official action.
Mont. Code Ann. § 80-10-502 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-502
80-10-502 Definitions
Status: in_force

80-10-502 . Definitions. As used in this part, the following definitions apply:

(1) "Anhydrous ammonia" means a compound formed by a combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume, which compound is in either gaseous or liquid form and is used primarily as fertilizer.

(2) "Anhydrous ammonia facility" or "facility" means any building, tank, or system of equipment used for processing, storing, or distributing anhydrous ammonia and includes all appurtenances to such building, tank, or system.
Mont. Code Ann. § 80-4-427 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-427
80-4-427 Injunction
Status: in_force

80-4-427 . Injunction. If a person without a license is found to have engaged in any business for which a license is required under parts 5 and 6 of this chapter, the court shall enjoin that person from further business until the person has been licensed. It is not necessary that the department show that an individual has been injured by the actions complained of in order to issue the injunction. The procedure for injunctive relief is the same as any other action for an injunction under Title 27. The department may, in its discretion, file the action in the first judicial district court. The injunction provided by this section is an additional remedy to the criminal or civil penalties provided for in 80-4-428 .
Mont. Code Ann. § 80-4-539 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-539
80-4-539 Inspection by department
Status: in_force

80-4-539 . Inspection by department. (1) The department may investigate any warehouse operator who has applied for or who had previously been issued a license and may inspect the operator's warehouse for purposes of determining compliance with this part and rules of the department.

(2) The department may investigate any warehouse operator or inspect any warehouse that it has reasonable cause to believe is operating in violation of this part and rules of the department.
Mont. Code Ann. § 80-4-704 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-704
80-4-704 Establishment of standard agricultural commodity grades
Status: in_force

80-4-704 . Establishment of standard agricultural commodity grades. (1) The department may by rule establish standard grades to apply to all agricultural commodities for which a United States department of agriculture grade has not been established and that are bought by commodity dealers and stored or handled by warehouses in this state. The department shall adopt as state grade and dockage standards all grades for agricultural commodities established by the United States department of agriculture. For purposes of this chapter, any reference to a grade also includes a reference to a protein analysis or any other factor provided by department rule if the analysis affects the purchase price.

(2) Agricultural commodity standards adopted by the department do not apply to agricultural commodities contracted for before the effective date of the adoption of the standards.
Mont. Code Ann. § 80-2-301 — MT Code / Title 80 / Chapter 2 / Part 3 / Section 80-2-301
80-2-301 Plant sampling provided -- fees -- rulemaking authority
Status: in_force

80-2-301 . Plant sampling provided -- fees -- rulemaking authority. (1) In a dispute in which a plant sample would serve a useful purpose to clarify, quantify, or settle the dispute, either party may file with the department a request that the department provide sampling services.

(2) The department shall charge a fee that covers the costs of providing the sampling service. Costs associated with sampling must be paid by the person who requested the sampling unless:

(a) both parties agree to a different assignment of costs through a contractual or settlement agreement; or

(b) a different allocation has been ordered through mediation or a court order.

(3) The department shall adopt rules to implement this section.
Mont. Code Ann. § 80-4-416 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-416
80-4-416 Deposit of deficiency funds and liquidation funds
Status: in_force

80-4-416 . Deposit of deficiency funds and liquidation funds. Revenue based on actual expenses received from the liquidation of commodity dealers and public warehouse operators, as authorized in 80-4-538 and 80-4-612 , and from deficiency fees, authorized in 80-4-503 , must be deposited in the account established in 80-4-415 and is statutorily appropriated, as provided in 17-7-502 , to the department for the purposes of this chapter. Funds deposited under this chapter must be used to pay actual expenses incurred in the liquidation of commodity dealers and public warehouse operators or for the correction of storage deficiencies. Actual expenses include but are not limited to legal fees, court costs, travel expenses, per diem, and communication.
Mont. Code Ann. § 80-7-501 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-501
80-7-501 Definitions
Status: in_force

80-7-501 . Definitions. As used in this part, the following definitions apply:

(1) "Alternative control program" means a system of controlling insect pest populations through biological or other means not involving toxic chemicals.

(2) "Cropland" means land used for the production of food and forage, including the headlands, ditches, and rights-of-way adjacent to such land.

(3) "Cropland spraying program" means the application of chemical or other substances to croplands for the purpose of preventing or destroying insect pests.

(4) "Emergency" means a serious insect pest infestation that meets the conditions of 10-3-311 .

(5) "Infestation" means that a pest exists in such numbers, under certain conditions, and at certain times as to destroy or substantially damage or threaten to destroy livestock or other agricultural crops.

(6) "Insect pest" includes the grasshopper, cutworm, pale western cutworm, armyworm, chinch bug, and any other insect or arthropod generally recognized as a destroyer of grain, hay, range, and horticulture crops.
Mont. Code Ann. § 80-8-210 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-210
80-8-210 Licensing nonresidents
Status: in_force

80-8-210 . Licensing nonresidents. Any nonresident applying for a license under this chapter to operate in Montana shall file a written power of attorney designating the secretary of state as the agent of such nonresident upon whom service of process may be had in the event of any suit against the nonresident person, and such power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of Montana over such nonresident applicant; provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law is not required to designate the secretary of state as such agent. The secretary of state shall be allowed such fees as provided by law for designating resident agents. The department shall be furnished with a copy of such designation of the secretary of state or of a resident agent, such copy to be duly certified by the secretary of state.
Mont. Code Ann. § 80-15-215 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-215
80-15-215 Benefits of appropriate agricultural chemical use to be considered
Status: in_force

80-15-215 . Benefits of appropriate agricultural chemical use to be considered. (1) When developing and implementing a specific agricultural chemical ground water management plan, the department shall consider the benefits of appropriate use of the agricultural chemical and shall consult with the Montana state university-Bozeman extension service.

(2) Within available resources, the department shall contact users of an agricultural chemical and user groups that will be subject to a general or specific agricultural chemical ground water management plan to request their recommendations concerning the development of the plan.
Mont. Code Ann. § 80-7-1003 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1003
80-7-1003 Definitions
Status: in_force

80-7-1003 . Definitions. As used in this part, the following definitions apply:

(1) "Departments" means the department of agriculture, the department of fish, wildlife, and parks, the department of natural resources and conservation, and the department of transportation.

(2) "Drain plug" means a valve or device used to control the drainage of water from a compartment designed to hold water, such as a bilge, livewell, or ballast tank. The term does not include a permanently sealed device, like those used to prevent water from filling a pontoon, unless the compartment the device is permanently sealed to is compromised and contains water.

(3) "Equipment" means an implement or machinery that has been wholly or partially immersed in surface waters, including but not limited to boat lifts, trailers transporting vessels, floating docks, pilings, dredge pipes, and buoys.

(4) "Invasive species" means, upon the mutual agreement of the directors of the departments, a nonnative, aquatic species that has caused, is causing, or is likely to cause harm to the economy, environment, recreational opportunities, or human health.

(5) "Invasive species management area" means a designation made by a department under 80-7-1008 for a specific area or for a body or bodies of water for a specific or indeterminate amount of time that regulates invasive species or potential carriers of invasive species within the boundaries of that area.

(6) "Person" means an individual, partnership, corporation, association, limited partnership, limited liability company, governmental subdivision, agency, or public or private organization of any character.

(7) "Tributaries to the Columbia River" means all water bodies in Montana from which water drains into the Columbia River.

(8) "Vessel" has the meaning provided in 61-1-101.
Mont. Code Ann. § 80-11-301 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-301
80-11-301 Short title
Status: repealed

80-11-301 . (Temporary) Short title. This part may be cited as the "Alfalfa Seed Industry Act". (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-11-309 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-309
80-11-309 Refund of assessment
Status: repealed

80-11-309 . (Temporary) Refund of assessment. Any person who has paid assessments to the department may request the department to refund all or any portion of the assessment levied under the rules of the department and paid by the producer. All such requests must be in writing, filed not later than August 1 of each calendar year for the preceding crop year, and must be on forms to be available without cost to all producers who pay assessments. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-7-805 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-805
80-7-805 Noxious weed management advisory council
Status: in_force

80-7-805 . Noxious weed management advisory council. (1) The director of the department shall appoint a noxious weed management advisory council to provide advice to the department concerning the administration of this part and part 9 of this title.

(2) If appointed, the council must be composed of 11 members, as follows:

(a) the director of the department of agriculture, who shall serve as presiding officer;

(b) one member representing livestock production;

(c) one member representing agriculture crop production;

(d) one member from a recreationist/wildlife group;

(e) one member who is a herbicide dealer or applicator;

(f) one member representing noxious weed seed free material interests;

(g) one member representing weed research and control interests;

(h) one member from the Montana weed control association;

(i) two members representing counties, one each from the western and eastern parts of the state, which may include a county commissioner, district weed board member, or weed district supervisor; and

(j) one at-large member from the agricultural community.
Mont. Code Ann. § 80-4-505 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-505
80-4-505 Amount of bond -- cancellation
Status: in_force

80-4-505 . Amount of bond -- cancellation. (1) The amount of the bond to be furnished for each warehouse must be fixed at a rate of 20 cents per hundredweight for the first 500,000 hundredweight of licensed capacity; 15 cents per hundredweight for the next 500,000 hundredweight of licensed capacity; and 10 cents per hundredweight for all licensed capacity over 1 million hundredweight. The amount of the bond may not be less than $20,000 or more than the maximum prescribed in 80-4-405 . The licensed capacity is the maximum number of hundredweight of agricultural commodities that the warehouse can accommodate.

(2) If a warehouse operator is also operating as a commodity dealer, the warehouse operator shall also provide a bond as prescribed in 80-4-604 .

(3) If a deficiency occurs in the equity required under 80-4-506 , there must be added to the amount of bond determined in accordance with subsection (1) an amount equal to that deficiency.

(4) Each warehouse operator bond runs continuously with the license until canceled by the bonding company.

(5) A 60-day written notice must be given to the department by the bonding company before any bond is canceled; however, the cancellation does not terminate any liability of the surety incurred prior to the date of cancellation.
Mont. Code Ann. § 80-4-708 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-708
80-4-708 Examination of agricultural commodity cars or trucks at destination
Status: in_force

80-4-708 . Examination of agricultural commodity cars or trucks at destination. (1) An official agricultural commodity inspector, sampler, or weigher, before opening the doors or lids of a car or truck containing agricultural commodities upon its arrival at any of the places designated by the department for inspection, shall first ascertain the condition of the car or truck and determine whether any leakages have occurred while the car or truck was in transit, determine whether the doors or lids were properly secured and sealed at the point of shipment, and make a record of those facts in all cases, giving seal numbers.

(2) After examinations have been made, the official agricultural commodity inspector, sampler, or weigher shall securely close and reseal the opened doors or lids, using the special seal of the department.

(3) A record must be kept by the official agricultural commodity inspectors, samplers, or weighers of all original seals broken, the number of seals, and the date when broken. An official agricultural commodity inspector, sampler, or weigher shall break the seal, weigh, and superintend the loading of all cars or trucks of agricultural commodities subject to inspection. Any other person who breaks the seal or officially weighs the cars or trucks of agricultural commodities is guilty of a misdemeanor.
Mont. Code Ann. § 80-4-705 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-705
80-4-705 Rules governing dockage -- sample inspection
Status: in_force

80-4-705 . Rules governing dockage -- sample inspection. The department shall adopt rules governing the dockage on inferior grades, which shall apply in all executory contracts entered into after their adoption. If the purchase price depends on terminal weight or grade, the rules control the dockage insofar as dockage affects the purchase price. The department shall also provide for sample inspection of agricultural commodities, adopt rules governing sample inspection, and provide that the sample inspection, when made, is final.
Mont. Code Ann. § 80-11-512 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-512
80-11-512 Adoption of commodity research and market development program -- referendum -- hearing
Status: in_force

80-11-512 . Adoption of commodity research and market development program -- referendum -- hearing. (1) A commodity advisory committee formed pursuant to 80-11-510 shall hold at least one public hearing to receive relevant input from affected growers and producers on a proposed referendum, including the amount of the proposed assessment and the method of collection. The department shall advertise the hearing in areas where it is known the commodity is grown and in any applicable trade publication.

(2) (a) After considering the facts and information received at the hearing, the commodity advisory committee shall vote on whether to hold a referendum of affected growers and producers.

(b) The referendum must include, among other informational items, the amount of the assessment and the method of collection.

(c) The referendum must be by paper ballot mailed to the last-known address of known growers and producers of the relevant commodity, obtained from lists provided by the petitioner and other sources known to the department.

(d) Each grower or producer, as defined in 80-11-503 , is entitled to one vote.

(e) If the commodity advisory committee votes against holding a referendum, the committee shall vote whether to dissolve the committee. If the commodity advisory committee votes against dissolution, the committee may continue to advise the department for 1 year from the date of the vote. If a referendum is not held or is defeated within 1 year of the vote, the commodity advisory committee is dissolved.

(3) If the referendum passes, the advisory committee shall propose a commodity research and market development program to the department for adoption.
Mont. Code Ann. § 80-4-425 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-425
80-4-425 Action on bond by persons injured -- liability of surety -- statute of limitations
Status: in_force

80-4-425 . Action on bond by persons injured -- liability of surety -- statute of limitations. (1) All claims against a bond must be made by and through the department. A person injured by the breach of an obligation for which a bond is given to the department may file a complaint with the department. The department shall then investigate the complaint and determine whether it is valid and whether there are any other outstanding obligations due. If the department finds that there are one or more valid obligations, the department shall make demand upon the warehouse operator or commodity dealer and the commodity dealer's surety for payment. If the payment is not made promptly, the department shall commence an action on the bond to enforce payment. If the department determines that a complaint is without merit, the department shall notify the complainant of that determination in writing. The complainant may then bring a contested case under Title 2, chapter 4, part 6, to the department for a determination of whether the department should pursue the claim against the bond.

(2) If two or more persons are injured by breach of the obligation for which the bond is given and the damages for violating the conditions of the bond exceed the specified amount of the bond, the recovery on the bond must be prorated by the surety among all of those injured.

(3) The liability of a surety under a bond extends to all obligations from commodity dealers' or public warehouse operators' transactions entered into during the year in which the bond was in effect, up to the maximum amount of the bond. Claims must be brought against the bond within 2 succeeding license years.
Mont. Code Ann. § 80-8-209 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-209
80-8-209 Farm applicators
Status: in_force

80-8-209 . Farm applicators. (1) Farm applicators shall obtain a special-use permit prior to purchasing and using a pesticide designated by the department as a restricted-use pesticide. The fee for the permit is $45. The special-use permit is effective for 5 calendar years. The department may establish a staggered years system of issuing permits. Revenue generated by the permit fee must be expended in the following manner:

(a) $15 to the department to administer the permitting program;

(b) $5 to the Montana state university-Bozeman extension service:

(i) to train extension service agents regarding farm pesticide applicator certification and training; and

(ii) to operate farm pesticide applicator certification and training programs; and

(c) $25 to the cooperative extension service for conducting farm pesticide applicator certification and training programs.

(2) Restricted pesticides may not be utilized by farm applicators or their employees except for the purpose of producing or protecting an agricultural commodity on property owned, leased, or rented by the applicator.

(3) Farm applicators shall qualify for their first permit by either passing a graded written examination or attending a training course approved by the department and then taking an ungraded written examination. The examinations and course must meet the minimum certification standards and procedures established by the environmental protection agency except as otherwise provided by this chapter.

(4) The department may require farm applicators to attend a mandatory training session and pass a written examination for those restricted pesticides that are extremely toxic or for which an effective antidote is not available. The department may require farm applicators handling these pesticides to maintain use records.

(5) The department shall require farm applicators to requalify for renewal of the 5-year permit by attending an approved training program. The department shall establish by rule a uniform system of administering the recertification training program. Online recertification training for farm applicators in order to fulfill all recertification requirements must be available to farm applicators. The department and the Montana state university-Bozeman extension service shall enter into a cooperative agreement to establish an online training program for farm applicators. The department may credit only training related to the standards set forth in subsection (4).

(6) Provisions of this chapter relating to certification of farm applicators do not apply to a farm applicator applying nonrestricted pesticides on the applicator's own land or on lands of neighbors if the farm applicator:

(a) operates farm property and operates and maintains pesticide application equipment primarily for the applicator's own use;

(b) is not regularly engaged in the business of applying pesticides for hire and does not represent to the public that the farm applicator is a pesticide applicator;

(c) operates pesticide application equipment only in the vicinity of the applicator's own property and for the accommodation of immediate neighbors.

(7) (a) The department shall assess an additional permit fee of $15 on farm applicators to fund the waste pesticide and pesticide container collection, disposal, and recycling program.

(b) Farm applicators must be assessed the fee at the beginning of the next 5-year permit renewal period. The department may assess a prorated fee for a farm applicator becoming licensed within a 5-year permit renewal period.

(c) Fees collected under this subsection (7) must be deposited in the state special revenue account pursuant to 80-8-112 .
Mont. Code Ann. § 80-12-305 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-305
80-12-305 Tax exemption of bonds
Status: in_force

80-12-305 . Tax exemption of bonds. Bonds issued by the authority under this chapter and their transfer and income, including any profits made on their sale, are exempt from taxation by the state or any political subdivision or other instrumentality of the state, except for estate taxes. The authority is not required to pay recording or transfer fees or taxes on instruments recorded by it.
Mont. Code Ann. § 80-6-1112 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1112
80-6-1112 Funding limitation
Status: repealed

80-6-1112 . (Temporary) Funding limitation. (1) The committee shall expend only those funds deposited in the special revenue account provided for in 80-6-1109 . In the event that funds are insufficient to finance the costs of services under this part, the committee may reduce services accordingly.

(2) The committee may contract lab services with a qualified person and charge growers at cost on a per-sample basis.

(3) The committee may levy a fee set by committee rule not to exceed 30 cents for each 3,000 holes of nesting material deeper than 3 1/2 inches for the purpose of administering this part and for the sampling and testing of bees. For nesting material 3 1/2 inches deep or less, the fee may not exceed 16 cents per 2,000 holes of nesting material.

(4) Fees must be based on all nesting materials that are in field use on July 15 of each year. Fees are due on November 1 of each year.

(5) The amount of fees paid must be credited against a grower's cost of sampling and certification.

(6) Certification fees for drilled boards or loose cells may not exceed committee cost. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-15-404 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-404
80-15-404 Injunctions authorized
Status: in_force

80-15-404 . Injunctions authorized. The department may commence a civil action seeking appropriate relief, including a permanent or temporary injunction pursuant to 80-8-306 or 80-10-303 , as applicable, for a violation that is subject to a compliance order under 80-15-403 .
Mont. Code Ann. § 80-7-1102 — MT Code / Title 80 / Chapter 7 / Part 11 / Section 80-7-1102
80-7-1102 Expenditures authorized
Status: in_force

80-7-1102 . Expenditures authorized. The department may make expenditures to:

(1) purchase equipment, materials, supplies, and personal services that are necessary to execute the functions imposed on it by this part;

(2) obtain data on vertebrate pesticide registration and research information on alternative vertebrate pest management techniques;

(3) conduct research or evaluation studies;

(4) enter contracts with individuals, universities, other states, state or federal agencies, or other entities it considers appropriate to conduct vertebrate pest management projects;

(5) maintain and support registration of current rodenticides such as compound 1080, strychnine, and zinc phosphide;

(6) seek registration of alternative rodenticides;

(7) develop and implement new vertebrate pest management methods and crop damage assessment techniques;

(8) support vertebrate pest management research and evaluation projects;

(9) educate the agricultural community regarding vertebrate pest management problems and needs;

(10) educate the general public regarding vertebrate pest concerns and the need for vertebrate pest management; and

(11) perform any other related activities.
Mont. Code Ann. § 80-4-537 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-537
80-4-537 Examination of stored agricultural commodities
Status: in_force

80-4-537 . Examination of stored agricultural commodities. A department inspector may examine at any reasonable time during ordinary business hours any stored agricultural commodity and all parts of any warehouse if the warehouse or the agricultural commodities stored in the warehouse are not endangered by the inspections. Each warehouse operator or the operator's agent shall furnish safe and reasonable access to facilities for the examination.
Mont. Code Ann. § 80-15-402 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-402
80-15-402 Prohibited activity
Status: in_force

80-15-402 . Prohibited activity. It is unlawful for a person to:

(1) violate any provision of a specific agricultural chemical ground water management plan;

(2) violate any lawful order issued pursuant to this chapter; or

(3) violate any provision of this chapter.
Mont. Code Ann. § 80-4-405 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-405
80-4-405 Maximum bond amount
Status: in_force

80-4-405 . Maximum bond amount. The maximum amount of any public warehouse operator bond may not exceed $1 million and the maximum amount of a commodity dealer bond may not exceed $1 million, except:

(1) any bonds compensating for equity or working capital deficiencies prescribed in parts 5 and 6 of this chapter must be added to the maximum bond amount. If the public warehouse operator is also licensed as a commodity dealer, only one bond amount is required.

(2) if required as part of a commodity warehouse operator's or commodity dealer's license modified by the department pursuant to 80-4-421 .
Mont. Code Ann. § 80-12-203 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-203
80-12-203 Qualifications of applicants
Status: in_force

80-12-203 . Qualifications of applicants. (1) To be eligible for a loan approved by the authority for issuance of a bond, an applicant:

(a) shall declare the intention to maintain the applicant's residence in Montana during the length of the loan;

(b) must have been approved by a financial institution; and

(c) must have a net worth not to exceed $450,000.

(2) Applications for loans to be approved by the authority for issuance of bonds may be submitted by individuals, partnerships, associations, or joint ventures. All persons involved in the application must meet the requirements of subsection (1). Corporations may not apply.
Mont. Code Ann. § 80-2-207 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-207
80-2-207 Delinquent fees -- application by delinquent -- crop lien
Status: in_force

80-2-207 . Delinquent fees -- application by delinquent -- crop lien. (1) An owner of land who is delinquent in paying fees pursuant to this part may not be allowed hail insurance under the provisions of this part unless the owner's application is accompanied by a payment for the delinquent amount, including interest imposed under 80-2-230 , plus the amount that would be due on the application for that year.

(2) Any grower who is unable to secure state hail insurance under the provisions of this part because of delinquent fees or for other reasons may make an application to the department, and the department may accept the application when the applicant furnishes a sufficient crop lien that is subject only to a seed lien. The crop lien may be accepted only under rules prescribed by the board of hail insurance and under the provision that the board may cancel any hail insurance accepted in violation of the rules. Upon receipt of the application, the department shall make a record of the application and shall file the lien with the secretary of state. The department shall also send a bill to the grower for the proper amount due for hail insurance under the provisions of this part.

(3) A tenant who has delinquent hail insurance that was secured by a crop lien but not by real estate is not allowed another policy in any succeeding year until the delinquent amount, including interest imposed pursuant to 80-2-230 , is paid.

(4) If a tenant becomes delinquent in paying for hail insurance after having failed to apply for relief as provided by the board under 80-2-229 , the tenant may apply to the board for a reduction in the fee initially charged. If the reasons for requesting a reduction are approved by the board, the board may reduce the fee to not less than one-half the original amount charged.
Mont. Code Ann. § 80-4-533 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-533
80-4-533 Loss of receipts -- conditions of reissue
Status: in_force

80-4-533 . Loss of receipts -- conditions of reissue. While an original warehouse receipt is outstanding and uncanceled by the issuing warehouse operator, no other or further receipt may be issued for the agricultural commodity or any part of it covered thereby. However, if a warehouse receipt is lost or destroyed, a new receipt may be issued upon giving satisfactory security in compliance with rules adopted by the department. The new receipt must contain the same terms and conditions and must bear on its face the number and date of the receipt in lieu of which it is issued.
Mont. Code Ann. § 80-2-221 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-221
80-2-221 Fee for hail insurance
Status: in_force

80-2-221 . Fee for hail insurance. (1) A fee is imposed on all land in this state growing crops subject to injury or destruction by hail if the owners of the land have elected to become subject to the provisions of this part.

(2) The board of hail insurance shall annually estimate, as accurately as possible, the amount required to pay all losses, interest on warrants, and costs of administration and shall recommend to the department a fee to be imposed on each kind of land subject to the provisions of this part. The rates recommended to apply on the land must be applied in the same proportions to the crops of those landowners insured on a personal basis.
Mont. Code Ann. § 80-3-304 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-304
80-3-304 Disposition of funds -- produce account
Status: in_force

80-3-304 . Disposition of funds -- produce account. (1) There is a produce account in the state special revenue fund. All inspection and license fee revenue authorized and collected under this part must be deposited in the account to the credit of the department.

(2) Money received as revenue under this part that is not immediately required for the purposes of this part must be invested under provisions of the unified investment program established in Title 17, chapter 6, part 2. All interest earned on the account must be deposited in the account.
Mont. Code Ann. § 80-5-510 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-510
80-5-510 Administration of fees
Status: in_force

80-5-510 . Administration of fees. Filing fees and reimbursed costs must be deposited in the seed account established in 80-5-132 for the purpose of funding costs of investigation and alternative dispute resolution. Funds deposited under this section are to pay actual expenses incurred by the department to administer the alternative dispute resolution program provided for in this part.
Mont. Code Ann. § 80-11-312 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-312
80-11-312 Penalty for nonpayment
Status: repealed

80-11-312 . (Temporary) Penalty for nonpayment. Any grower or dealer who fails to make collection or pay any assessment within the time required pursuant to this part is subject to a penalty of 5% of the amount of the assessment determined to be due, as provided in this part, plus 1% of such amount for each month of delay or fraction thereof after the expiration of the month after such assessment became due. The penalty must be paid to the department and disposed of as provided in 80-11-310 . (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-5-132 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-132
80-5-132 Deposit of funds -- seed account
Status: in_force

80-5-132 . Deposit of funds -- seed account. (1) There is an account in the state special revenue fund to be known as the seed account. All inspection, license, assessment, filing, and penalty fee revenue collected under this chapter must be deposited in the seed account. Funds received from any source, such as gifts, grants, cost-share funds, and other funds designated for purposes consistent with this chapter, may also be deposited in the seed account.

(2) Money received as revenue under this chapter not immediately required for the purposes of this chapter must be invested under the provisions of the unified investment program established in Title 17, chapter 6, part 2. All interest earned on the seed account must be deposited in the seed account.
Mont. Code Ann. § 80-5-120 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-120
80-5-120 Definitions
Status: in_force

80-5-120 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Advertisement" means a representation, other than a representation on the label, that is disseminated by any means and that relates to seed governed by the provisions of this chapter.

(2) (a) "Agricultural seeds" means the seeds of grass, forage, cereal, fiber crops, and any other kinds of seeds commonly recognized within this state as agricultural seeds. The term includes lawn seeds and mixtures of seeds.

(b) The term does not include seeds from plants of the genus Cannabis that contain more than 0.3% tetrahydrocannabinol.

(3) "Approximate percentage" and "approximate number" mean the percentage or number with the variations above and below that value as allowed according to the tolerance limits defined in the rules for seed testing adopted by the association of official seed analysts.

(4) "Bulk" means not packaged in separate units.

(5) "Certifying agency" means:

(a) an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and that has standards and procedures to ensure the genetic purity and identity of the seed certified; or

(b) an agency of a foreign country determined by the department to adhere to procedures and standards for seed certification that are comparable to those adhered to generally by the seed certifying agencies described in subsection (5)(a).

(6) "Conditioning" means drying, cleaning, scarifying, and other operations that could change the purity or germination of a seed and require the seed lot to be retested to determine labeling.

(7) "Controlling the pollination" means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed.

(8) "Dormant" means viable seeds, excluding hard seeds, that fail to germinate when provided the specified germination conditions for the seed in question.

(9) "Flower seeds" means seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and that are commonly known and sold under the name of flower seeds in this state.

(10) "Genuine grower declaration" means a statement signed by the grower that indicates, for each lot of seed, the lot number, kind, variety, origin, weight, year of production, date, and destination of shipment.

(11) "Germination" means the emergence and development from the seed embryo as evidence of vitality when the seeds are subjected to the proper moisture and temperature conditions with proper aeration for the customary length of time for each specific kind of seed, as specified in the rules for seed testing adopted by the association of official seed analysts.

(12) "Hard seeds" means seeds that remain hard at the end of the prescribed test period because they have not absorbed water because of an impermeable seed coat.

(13) "Hybrid", as the term applies to varieties of seed, means the first generation seed of a cross produced by controlling the pollination and by combining:

(a) two or more inbred lines;

(b) one inbred or a single cross with an open pollinated variety; or

(c) two or more selected clones, seed lines, varieties, or species except open-pollinated varieties of corn (Zea mays). The second generation of subsequent generations from those crosses may not be regarded as hybrids. Hybrid designations must be treated as variety names.

(14) "Indigenous seeds" means the seeds of those plants that are naturally adapted to an area where the intended use is for revegetation of disturbed sites. These plants include grasses, forbs, shrubs, and legumes.

(15) "Inert matter" means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by the association of official seed analysts.

(16) "Kind" means one or more related species or subspecies that are known singly or collectively by one common name, such as corn, oats, alfalfa, and timothy.

(17) "Labeling" means a tag or other device, attached to or written, stamped, or printed on a container or accompanying a lot of bulk seeds, that purports to set forth the information required on the seed label under 80-5-123 and that may include any other information relating to the labeled seed.

(18) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling.

(19) "Mixture" means seed consisting of more than one kind, each in excess of 5% by weight of the whole.

(20) "Montana certified seed grower" means a member of an authorized Montana seed certifying agency who has consented to produce seed under the rules for certified classes of seed, with respect to the maintenance of genetic purity and variety identity, set forth by the establishing agency.

(21) "Other crop seeds" means any agricultural, vegetable, or flower seeds other than the kind or variety of seed or the mixture of seeds included as pure seed.

(22) "Person" means an individual, firm, partnership, corporation, or association.

(23) "Prohibited noxious weed seeds" means the seeds of plant species that are designated as noxious weeds as defined in 7-22-2101 .

(24) "Protected variety" means a variety for which a certificate has been issued by the United States plant variety protection office or for which an application for protection has been filed granting the owner or the owner's authorized agent exclusive rights in the sale and distribution of the variety.

(25) "Pure live seed" means the product of the percentage of germination plus hard seed or dormant seed multiplied by the percentage of pure seed, divided by 100, with the result expressed as a whole number.

(26) "Pure seed" means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by the association of official seed analysts.

(27) "Restricted weed seeds" means the seeds of any plant that may adversely affect agriculture or the environment and that are designated as restricted weed seeds under rules adopted by the department.

(28) "Screening" means chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed from seed by any kind of cleaning or conditioning.

(29) "Seed conditioning plant" means a place of business, whether a permanent or portable facility, that conditions seeds.

(30) "Seed dealer" means a person who sells seeds.

(31) "Seed labeler" means a person affixing labels to seeds, with that person's name, address, and other information as required in 80-5-123 .

(32) "Sell" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade. The term includes furnishing agricultural seed to growers for the production of a crop on contract.

(33) "Stop sale" means an administrative order provided by law that restrains the sale, use, disposition, and movement of a definite amount of seed.

(34) "Treated" means that seed has received an application of a substance or has been subjected to a process for which a claim is made.

(35) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(36) "Variety" means a subdivision of a kind that is:

(a) distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;

(b) uniform, in the sense that the variations in essential and distinctive characteristics are describable; and

(c) stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

(37) "Vegetable seeds" means seeds of those crops that are or may be grown in gardens or on truck farms and are or may be sold generally under the name of vegetable seeds or herbs.

(38) "Viable" means that seeds are capable of producing a normal seedling under optimum growing conditions after all forms of dormancy have been overcome, if present.

(39) "Weed seeds" means the seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds.
Mont. Code Ann. § 80-14-101 — MT Code / Title 80 / Chapter 14 / Part 1 / Section 80-14-101
80-14-101 Terminated
Status: in_force

80-14-101 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-6-1101 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1101
80-6-1101 Short title
Status: repealed

80-6-1101 . (Temporary) Short title. This part may be cited as the "Alfalfa Leaf-Cutting Bee Management Act". (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-7-823 — MT Code / Title 80 / Chapter 7 / Part 8 / Section 80-7-823
80-7-823 Transfer of funds
Status: in_force

80-7-823 . Transfer of funds. There is transferred $100,000 annually from the highway nonrestricted account, provided for in 15-70-125 , to the noxious weed state special revenue account, provided for in 80-7-816 , for the purposes provided in 80-7-705 .
Mont. Code Ann. § 80-11-205 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-205
80-11-205 Powers of the committee
Status: in_force

80-11-205 . Powers of the committee. (1) The committee may:

(a) adopt rules necessary for the administration of this part;

(b) provide, through the department, for the enforcement of this part;

(c) provide for the conduct of research into the production, marketing, and uses of wheat and barley;

(d) enter into contracts or agreements with units of the Montana university system and other local, state, or national organizations, public or private, for the purposes of improving wheat or barley quality, increasing the efficiency of production, developing marketing knowledge, developing markets, determining new uses for wheat or barley, developing alternative crops for wheat or barley, and carrying out all research and marketing contemplated by this part. The committee may not establish research units or agencies of its own.

(2) Researchers or professional or scientific personnel may not be employed to carry out this part except as provided in subsection (1)(d) of this section.

(3) None of the powers or duties provided for in this part permit participation in state or federal political action by the committee.
Mont. Code Ann. § 80-7-1001 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1001
80-7-1001 Short title
Status: in_force

80-7-1001 . Short title. This part may be cited as the "Montana Aquatic Invasive Species Act".
Mont. Code Ann. § 80-5-606 — MT Code / Title 80 / Chapter 5 / Part 6 / Section 80-5-606
80-5-606 Rulemaking
Status: in_force

80-5-606 . Rulemaking. The department shall adopt rules for the purposes of implementing this part. The rules must include but are not limited to:

(1) the procedure for requesting the department's presence during sampling;

(2) the fees to be charged for the department's attendance and sampling services;

(3) notification procedures related to the mandatory mediation process; and

(4) a sampling protocol that provides that:

(a) the standards used for the field sampling and laboratory tests meet minimum standards as requested by the claimant; and

(b) samples must be submitted for testing within 10 days of the date of sampling.
Mont. Code Ann. § 80-4-403 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-403
80-4-403 Rules -- adoption
Status: in_force

80-4-403 . Rules -- adoption. The department shall adopt such rules as it determines necessary for the efficient execution of the provisions of parts 4 through 7 of this chapter.
Mont. Code Ann. § 80-7-924 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-924
80-7-924 Embargo
Status: in_force

80-7-924 . Embargo. Upon receiving a report from a district weed board, as provided in 7-22-2126 , that forage is subject to embargo and upon verification of a violation of this part, the department shall enforce the embargo throughout the state and issue appropriate stop sale orders as provided in 80-7-911 .
Mont. Code Ann. § 80-11-517 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-517
80-11-517 Receipt of gifts, grants, and donations for research and marketing purposes
Status: in_force

80-11-517 . Receipt of gifts, grants, and donations for research and marketing purposes. The department may receive gifts, grants, and donations for any commodity research and market development conducted pursuant to this part.
Mont. Code Ann. § 80-5-130 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-130
80-5-130 Licensing -- application -- fee
Status: in_force

80-5-130 . Licensing -- application -- fee. (1) All facilities located in the state that condition agricultural seed shall obtain a license from the department for each facility. However, a seed grower, when conditioning only seed from that grower's own production, is not required to be licensed under this part.

(2) Each seed conditioning plant shall post in a conspicuous location in the facility:

(a) its fees for conditioning services; and

(b) the license for the facility.

(3) A person whose name and address appear on the label of agricultural seed sold in Montana, as required by 80-5-123 , shall obtain a seed labeler's license from the department before doing business in Montana. The following persons, however, are excluded from the licensing requirements under this subsection:

(a) a Montana certified seed grower when labeling certified seed from that grower's own production;

(b) any person who updates germination test data by affixing to the package of seed a supplemental label bearing new germination data, the lot number, and the person's name and address; or

(c) a Montana grower who labels seed only of that labeler's own production with a gross annual sales value of $5,000 or less.

(4) A person who sells agricultural seed in Montana shall obtain a seed dealer's license from the department for each place where seed is located or sold, except for:

(a) a person who sells seed only in sealed packages of 10 pounds or less;

(b) a person who sells seed that has a gross sales value of $1,000 or less a year;

(c) a person who sells seed only to a Montana-licensed seed dealer, labeler, or conditioner; or

(d) a Montana grower selling only seed of that grower's own production with a gross annual sales value of $5,000 or less.

(5) (a) The department may by rule adjust a license fee to maintain adequate funding for the administration of this part.

(b) The license fee may not be less than $50 a year or more than $200 a year for a person who is a Montana resident and who:

(i) sells, labels, or sells and labels seed;

(ii) is a seed dealer;

(iii) operates a seed conditioning plant; or

(iv) is a seed labeler.

(c) The license fee for a person who is a nonresident and who is:

(i) a seed dealer may not be less than $100 or more than $250 a year; or

(ii) a seed labeler may not be less than $50 or more than $200 a year.

(6) An application for a license under this section must be made in a manner and on forms provided by the department. The application must contain:

(a) the location of each seed conditioning plant if the application is for a seed conditioning plant license;

(b) a sample label if the application is for a seed labeler license; and

(c) a list of persons selling seed if required by department rule.

(7) Seed dealers shall provide with all shipments of agricultural seed a bill of lading or other evidence of delivery that includes:

(a) the names of:

(i) the seed dealer;

(ii) the shipper, if other than the seed dealer;

(iii) the buyer; and

(iv) the receiver, if other than the buyer; and

(b) the destination where the seed will be first unloaded.
Mont. Code Ann. § 80-5-405 — MT Code / Title 80 / Chapter 5 / Part 4 / Section 80-5-405
80-5-405 Enforcement -- penalty
Status: in_force

80-5-405 . Enforcement -- penalty. (1) The department shall administer and enforce the provisions of this part.

(2) When potatoes are found to be in violation of this part, the department may issue orders:

(a) restricting transportation of the potatoes;

(b) requiring treatment or destruction of the potatoes; or

(c) requiring other disease prevention or suppression measures.

(3) The department may adopt rules governing quarantines to prevent the intrastate or interstate movement of diseases of potatoes from infested areas and adjacent areas. Quarantines may restrict or prohibit the transportation of plants, seed potatoes, machinery, equipment, soil, or other material capable of transporting the disease in any stage of development.

(4) A person violating any provision of this part is guilty of a misdemeanor and upon conviction shall be punished as provided in 46-18-212 .
Mont. Code Ann. § 80-12-201 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-201
80-12-201 Loan agreements -- general provisions
Status: in_force

80-12-201 . Loan agreements -- general provisions. (1) Each loan approved by the authority for issuance of a bond must include a loan agreement providing a payment schedule that may not exceed 30 years.

(2) The agreement must specify a reasonable rate of interest, which rate may be a variable rate provided the method of determination is contained in the loan agreement.

(3) Loans approved by the authority for issuance of a bond may be secured by any liens or collateral the financial institution considers necessary.

(4) The money received under a loan agreement may be used for:

(a) acquisition of farm or ranch land;

(b) a downpayment on the acquisition of farm or ranch land;

(c) acquisition or construction of depreciable property used in the operation of a farm or ranch; or

(d) production of energy using an alternative renewable energy source as defined in 15-6-225 .
Mont. Code Ann. § 80-4-502 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-502
80-4-502 Licenses to warehouse operator -- issuance -- renewal -- conditions precedent
Status: in_force

80-4-502 . Licenses to warehouse operator -- issuance -- renewal -- conditions precedent. (1) The department is authorized to issue or renew, upon application, a license to any warehouse operator for the conduct of a warehouse or warehouses in accordance with parts 5 and 6 of this chapter, provided the following conditions are met:

(a) Each applicant shall file and maintain satisfactory evidence of an effective policy of insurance issued by an insurance company authorized to do business in this state, insuring all agricultural commodities that are stored in the warehouse, including agricultural commodities owned by the warehouse operator. The insurance must insure the commodities for the full market value at the time of loss of the commodities against loss by fire, internal explosion, lightning, or tornado.

(b) Each warehouse must be found suitable for the proper storage of the particular agricultural commodity stored in the warehouse.

(c) A license fee must be submitted to the department as prescribed by 80-4-503 .

(d) A current drawing of the warehouse, showing storage facilities and capacity of the warehouse, must be submitted to the department.

(e) A sufficient and valid bond must be filed and maintained as required by 80-4-504 and 80-4-505 .

(f) (i) Except as provided in subsection (1)(f)(ii), the applicant has submitted to the department a current financial statement prepared by a certified public accountant according to generally accepted accounting principles, showing that the applicant has and maintains positive working capital.

(ii) An applicant without positive working capital may provide the department with additional bonding, or an equivalent in the form of a certificate of deposit or irrevocable letter of credit, in the amount of $2,000 for each $1,000 of deficit. The bond or equivalent required in this subsection (1)(f)(ii) is in addition to the bond amount required in 80-4-505 .

(g) The applicant must submit a sample warehouse receipt and subsequent revisions to the department for approval and filing.

(h) The applicant must have complied with the terms of this part and the rules prescribed thereunder.

(2) All documents required for renewal of a license must be received by the department prior to the expiration date of the warehouse license. An expired warehouse license may be reinstated by the department upon receipt of all required licensing documents and a penalty fee of $50 if the documents are filed within 30 days from the date of expiration of the warehouse license. All license applications received after the 30-day penalty period must be considered original applications and an initial license fee must be assessed according to 80-4-503 .
Mont. Code Ann. § 80-18-102 — MT Code / Title 80 / Chapter 18 / Part 1 / Section 80-18-102
80-18-102 Hemp authorized as agricultural crop
Status: in_force

80-18-102 . Hemp authorized as agricultural crop. Hemp is considered an agricultural crop in this state. Upon meeting the requirements of 80-18-103 , an individual in this state may plant, grow, harvest, possess, process, sell, or buy hemp, including cultivatable seeds or plants.
Mont. Code Ann. § 80-3-322 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-322
80-3-322 Revocation, suspension, and nonrenewal of license
Status: in_force

80-3-322 . Revocation, suspension, and nonrenewal of license. The department may revoke, suspend, or refuse to renew a produce dealer license if the department has reasonable cause to believe that the licensee has committed any of the following acts:

(1) refusal or consistent failure to file a produce report or to pay the assessment fee required in 80-3-314 ;

(2) intentional or consistent failure to grade or mark produce as required in 80-3-312 ;

(3) aiding another person in the violation of any of the provisions of this part;

(4) failure or refusal to allow inspection of or to maintain and provide records, reports, or other information required by the department; or

(5) violation, failure, or refusal to comply with any other provision of this part or a rule adopted by the department in the implementation of this part.
Mont. Code Ann. § 80-6-1107 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1107
80-6-1107 Restrictions on importing bees
Status: repealed

80-6-1107 . (Temporary) Restrictions on importing bees. Bees may not be imported except in loose cells or as adults. Bees may not be imported in a drilled board, soda straw, or other equipment that prevents adequate sampling of the bees. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-6-1105 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1105
80-6-1105 Alfalfa leaf-cutting bees -- certification
Status: repealed

80-6-1105 . (Temporary) Alfalfa leaf-cutting bees -- certification. (1) A person possessing or controlling alfalfa leaf-cutting bees in the state of Montana may annually certify all or part of the person's bees as provided in this section.

(2) To certify bees, a person shall file a completed application form provided by the department, together with a fee set by rule. The applicant shall provide the following:

(a) name and place of residence;

(b) the general location and number of bees to be certified; and

(c) other relevant information as may be required by committee rule.

(3) After receipt of an application for certification, a sample of the total population of bees to be certified must be selected by the committee or its agent in a manner prescribed by the committee. The sample must be analyzed for pathogens, parasites, predators, nest destroyers, and live larvae count. If certification standards are met, the sample must be certified.

(4) All bees to be certified may be stored in containers that can be officially sealed after sampling to maintain their certification identity.

(5) When the committee has in its possession a completed application form, an appropriate fee, and a report that the sample meets certification standards, it may issue a certificate for the bees.

(6) The committee shall by rule specify the date by which any applicant shall apply for recertification the following year. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-10-509 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-509
80-10-509 Funding
Status: in_force

80-10-509 . Funding. Administration and enforcement of the provisions of this part and the rules adopted under 80-10-503 must be funded through expenditures of the anhydrous ammonia account established under 80-10-207 (5).
Mont. Code Ann. § 80-7-703 — MT Code / Title 80 / Chapter 7 / Part 7 / Section 80-7-703
80-7-703 Violations of importation rules -- penalty
Status: in_force

80-7-703 . Violations of importation rules -- penalty. Any person who refuses to obey an order of an appointed inspector or willfully disobeys the provisions of 80-7-701 through 80-7-704 shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50 and not more than $500.
Mont. Code Ann. § 80-7-907 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-907
80-7-907 Fees
Status: in_force

80-7-907 . Fees. (1) The department, with the advice of the advisory council, may establish fees to support the cost of administering the noxious weed seed free forage program. Fees may be established for:

(a) processing applications;

(b) per acre inspection of forage;

(c) inspection of facilities;

(d) minimum administration;

(e) inspection related to processing or manufacturing forage into pellets, cubes, and related products;

(f) certification identification markers;

(g) mileage and per diem; and

(h) import inspection.

(2) Fees, structures, and procedures must be recommended to the department by the advisory council.
Mont. Code Ann. § 80-7-911 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-911
80-7-911 Stop sale, use, or removal order
Status: in_force

80-7-911 . Stop sale, use, or removal order. When the department has reasonable cause to believe that a person is selling, distributing, storing, transporting, or using forage in violation of any of the provisions of this part, a written stop sale, use, or removal order may be issued to that person. If the person is not available for service of the order, the department may attach the order to the forage and notify the person. The forage may not be sold, used, or removed until compliance with the provisions of this part is achieved. The department may release the order once compliance is achieved. The department may require that the forage be sold or used only as an uncertified forage or delivered back to the seller, or the department may order condemnation of any forage that does not meet the requirement of this part or other alternatives established by rule. The department, upon finding that the person responsible for the embargoed forage has failed to comply with the order in any respect, may petition the district court of the first judicial district for enforcement of the order.
Mont. Code Ann. § 80-12-215 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-215
80-12-215 Loan guaranty program
Status: in_force

80-12-215 . Loan guaranty program. (1) The authority may guarantee and make commitments to guarantee payment required by a loan funded under this chapter or any other agricultural loan for which a guaranty has been approved by the authority upon such terms and conditions as the authority may prescribe in accordance with this chapter. In administering the guaranty program, the authority may require the payment of a fee or premium, establish application fees, and prescribe application, notification, contract and guaranty forms, rules, and guidelines.

(2) Guaranties by the authority under this chapter must:

(a) be made for a loan that the authority finds meets the policies and objectives of this chapter;

(b) be made to an applicant for a guaranty approved by the authority;

(c) contain amortization provisions satisfactory to the authority; and

(d) be in such principal amount, be in such form, and contain such terms and provisions with respect to payment of property insurance, repairs, alterations, taxes, assessments, delinquency charges, and default remedies as the authority determines to be necessary.

(3) The authority is authorized from time to time to enter into guaranties, insurance contracts, or any other agreements or contracts with respect to the agricultural loan guaranty fund and any guaranteed loan or other credit agreement. Such an agreement or contract may contain terms and provisions necessary or desirable in connection with the guaranty program, subject to the requirements established, including without limitation terms and provisions relating to loan documentation, review, approval procedures, origination and servicing rights and responsibilities, default obligations, procedures and obligations, and obligations with respect to guaranty contracts made under this chapter.

(4) Any contract of guaranty made by the authority under the authorization of this chapter must provide that claims payable thereunder must be paid from amounts available in the agricultural loan guaranty fund and from amounts available under the terms of any applicable contract or agreement with the financial institution that originated the guaranteed loan. The obligation of the authority to make payments under such a contract is limited solely to such sources and does not constitute a debt or liability of the state. A guaranty contract and any rule or guideline of the authority implementing the guaranty program may contain such other terms, provisions, or conditions as the authority considers necessary or appropriate, including without limitation those relating to the payment of guaranty premiums, the giving of notice, claim procedure, the sources of payment for claims, the priority of competing claims for payment, the release or termination of loan security and borrower liability, the timing of payment, the maintenance and disposition of projects and the use of amounts received during periods of loan delinquency or upon default, and any other provision concerning the rights of insured parties or conditions to the payment of guaranty claims. Any premiums for the guarantee of loan payments under the provisions of this chapter may be determined on such basis and be payable by such person in such amounts and at such times as the authority determines, and the amount of the premium need not be uniform among the various loans, leases, or other credit agreements guaranteed.
Mont. Code Ann. § 80-12-312 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-312
80-12-312 Reserve funds and appropriations
Status: in_force

80-12-312 . Reserve funds and appropriations. (1) The authority shall pay into one or more capital reserve accounts any:

(a) money appropriated and made available by the state for the purpose of the fund;

(b) proceeds of sale of bonds to the extent provided in the resolutions of the authority authorizing their issuance or in any trust indenture securing their repayment; and

(c) other money that may be available to the authority for the purpose of such a fund from any other source.

(2) All amounts held in a capital reserve account must be used solely for the payment of principal, interest, and a redemption premium with respect to bonds secured in whole or in part by the account. Funds in an account may not be withdrawn at any time in an amount that reduces the amount of the account to less than the minimum capital reserve requirement established for the account except for the purpose, with respect to bonds secured in whole or in part by the account, of making payment, when due, of principal, interest, or redemption premiums for the payment of which other money pledged is not available.
Mont. Code Ann. § 80-7-508 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-508
80-7-508 Duties of cooperative extension service
Status: in_force

80-7-508 . Duties of cooperative extension service. (1) The cooperative extension service shall conduct investigations pertaining to insects and other arthropods affecting plants and animals. When an injurious infestation of an insect or other arthropod occurs in any part of the state, the authorized employees of the cooperative extension service shall go to the scene of the infestation, shall determine the extent and seriousness of the infestation, and shall make public the best remedies to be employed.

(2) The cooperative extension service shall cooperate with the agricultural experiment station in providing annual reports required under 80-7-814 .
Mont. Code Ann. § 80-5-128 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-128
80-5-128 Laboratory testing of samples -- fees
Status: in_force

80-5-128 . Laboratory testing of samples -- fees. (1) Any citizen of this state may request that the seed laboratory examine, analyze, or test samples of seed upon payment of the fee and compliance with procedures governing the submission of seed samples for that service.

(2) Samples of seed analyzed and tested must be charged for at rates established by the seed laboratory as provided in 20-25-229 .

(3) All fees collected by the seed laboratory must be used to defray the expenses incurred by the laboratory under this chapter and the expenses incurred by the seed laboratory advisory board provided for in 2-15-1525 .
Mont. Code Ann. § 80-6-1108 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1108
80-6-1108 Restrictions on rearing, moving, and trapping of bees and movement of equipment
Status: repealed

80-6-1108 . (Temporary) Restrictions on rearing, moving, and trapping of bees and movement of equipment. (1) A person may not wild trap within 1 mile of registered bees without the written permission of the registrant.

(2) A person may not move any quarantined bee or equipment except by special permit issued by the committee.

(3) A person may not wild trap or attempt to wild trap bees unless that person has been issued a permit for that activity in accordance with rules adopted by the committee. The committee shall by rule establish the permit fee. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-4-602 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-602
80-4-602 License fees
Status: in_force

80-4-602 . License fees. (1) Except as provided in subsection (3), the department shall collect an annual fee of $232 per facility for each commodity dealer license.

(2) If, after evaluation of the commodity dealer/public warehouse operator program, the department determines that revenue from license fees is inadequate to accomplish the purposes of this chapter, the department may by rule increase the license fees, but the fee may not exceed $500 for a facility.

(3) The license fee for a commodity dealer who is licensed as a seed dealer under 80-5-130 (4) is $100 a year if the majority of the dealer's annual expenditures for agricultural commodities is for agricultural seed intended for resale as agricultural seed.

(4) All fees collected under this section must be placed in the commodity dealer/public warehouse operators account.
Mont. Code Ann. § 80-4-503 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-503
80-4-503 Fees of department
Status: in_force

80-4-503 . Fees of department. (1) The department shall collect an annual warehouse operator license fee of $232 for each warehouse owned or operated by the warehouse operator.

(2) If, after evaluation of the commodity dealer/public warehouse operator program, the department determines that revenue from license fees is inadequate to accomplish the purposes of this chapter, the department may by rule increase the license fees, but the fee may not exceed $500 for a facility.

(3) The department shall collect a fee of $150 a day or fraction of a day for maintaining an employee of the department at a warehouse to supervise the correction of a deficiency.

(4) All license fees collected under subsection (1) and deficiency fees collected under subsection (3) must be deposited into the commodity dealer/public warehouse operators account.
Mont. Code Ann. § 80-3-306 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-306
80-3-306 Penalties
Status: in_force

80-3-306 . Penalties. (1) A person who violates or aids in the violation of any provision of this part or rules adopted under this part is subject to one or both of the following penalties:

(a) an administrative civil penalty of not more than $1,000 for each offense;

(b) a misdemeanor punishable as provided in 46-18-212 .

(2) Assessment of a civil penalty under subsection (1)(a) may be made in conjunction with any other warning, order, or administrative action authorized by 80-3-301 through 80-3-306 that is issued by the department. The proceeds of a civil penalty must be deposited in the general fund.

(3) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under subsection (1)(a). The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.

(4) Nothing in this part may be construed as requiring the department or its authorized representative to report violations of this part when a reasonable belief exists that the public interest will be served by a suitable warning.

(5) It is the duty of a county attorney to whom any violation is reported to cause appropriate proceedings to be initiated and prosecuted in a court of competent jurisdiction without delay.
Mont. Code Ann. § 80-1-304 — MT Code / Title 80 / Chapter 1 / Part 3 / Section 80-1-304
80-1-304 Terminated
Status: in_force

80-1-304 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 80-2-228 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-228
80-2-228 Reserve fund
Status: in_force

80-2-228 . Reserve fund. (1) Each year when the hail board sets its annual fee for the payment of current losses, for expenses of administration, and for an addition to the reserve if conditions permit, it may not increase the fee enough in any year so that the addition to the reserve will exceed 5% of the maximum risk written for that year.

(2) The board may engage the services of a qualified actuary to conduct an actuarial valuation of the reserve. This valuation may include the actuary's determination of the amount of reserve necessary to absorb all reasonably anticipated catastrophic losses. This amount is the maximum permissible reserve fund for the next year.

(3) The reserve must be deposited in an enterprise fund.

(4) The board may not draw on the reserve for any purpose unless the amount required for the payment of losses for the current year, including interest on warrants and costs of administration, exceeds the amount of the estimate made by the board for the current year pursuant to 80-2-221 .
Mont. Code Ann. § 80-15-218 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-218
80-15-218 Notice to buyer
Status: in_force

80-15-218 . Notice to buyer. A person who sells agricultural land that is subject to the provisions of a specific agricultural chemical ground water management plan shall provide the buyer with written notice about the buyer's obligations under the plan and shall forward a copy of the notice to the department. The department is not responsible for enforcement of this section.
Mont. Code Ann. § 80-4-402 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-402
80-4-402 Definitions
Status: in_force

80-4-402 . Definitions. As used in parts 4 through 7 of this chapter, the following definitions apply:

(1) "Agent" means a person who contracts for or solicits any agricultural commodities from a producer or warehouse operator or negotiates the consignment or purchase of any agricultural commodity on behalf of a commodity dealer.

(2) "Agricultural commodity" means any grain, oil seed crops, seed, or other crops designated by rule of the department.

(3) "Bailment" means the transfer, by written or verbal contract, of an agricultural commodity by an owner of a commodity to a producer for the purpose of obtaining the producer's services in planting, growing, harvesting, or delivering back to the owner the agricultural commodity. The term includes any one or all of the enumerated transactions, whether title passes or not.

(4) "Bond" means the bond required to be filed by part 5 or 6 of this chapter and includes any equivalent established by department rule, as provided in 80-4-504 and 80-4-604 .

(5) (a) "Commodity dealer" means a person who engages in a business involving or, as part of the business, participates in buying, brokering, exchanging, negotiating, or soliciting the sale, resale, exchange, bailment, or transfer of any agricultural commodity in the state of Montana, including online transactions of agricultural commodities grown in Montana.

(b) The term does not include:

(i) a person engaged solely in storing, shipping, or handling agricultural commodities for hire;

(ii) a person who buys agricultural commodities from a licensed commodity dealer;

(iii) a person who does not purchase more than $30,000 worth of agricultural commodities from producers during a licensing year; however, once a person exceeds the $30,000 exemption, the person shall obtain a license and is not eligible for the exemption for the succeeding year;

(iv) a person who is the producer of agricultural commodities that the person actually plants, nurtures, and harvests;

(v) a person whose trading in agricultural commodities is limited to trading in commodity futures on a recognized futures exchange; or

(vi) a person who buys agricultural commodities used exclusively for the feeding of livestock.

(6) "Delayed payment contract" means a written contract for the sale of an agricultural commodity when the purchase price is to be paid at a date after delivery of the agricultural commodity to the buyer and includes but is not limited to those contracts commonly referred to as deferred payment contracts, deferred pricing contracts, no-price-established contracts, or price-later contracts. A delayed payment contract does not include those contracts in which the parties intend payment to be made immediately upon determination of weights and grades.

(7) "Department" means the department of agriculture provided for in 2-15-3001 .

(8) "Depositor" means a person who delivers an agricultural commodity to a commodity dealer for sale, who deposits an agricultural commodity in a warehouse for storage, processing, handling, or shipment, who is the owner or legal holder of an outstanding warehouse receipt, or who is lawfully entitled to possession of the agricultural commodity.

(9) "Director" means the director of the department of agriculture.

(10) "Equity" means the residual interest in the assets of a person that remains after deducting the liabilities of the person under generally accepted accounting principles.

(11) "FGIS" means the federal grain inspection service, a program administered by the federal grain inspection, packers, and stockyards administration (GIPSA).

(12) "Grain" means all grains for which standards have been established under the Grain Standards Act and all other agricultural commodities, such as mustard, oil seed crops, or other crops, that may be designated by rule of the department.

(13) "Grain standards" means the official standards of quality and condition of grain that establish the grades defined by the Grain Standards Act or those standards adopted by department rule.

(14) "Grain Standards Act" means the United States Grain Standards Act, 7 U.S.C. 71 through 87.

(15) "Inspector" means a person designated by the director to assist in the administration of parts 4 through 7 of this chapter. The term includes warehouse auditors or examiners.

(16) "Official agricultural commodity inspectors" means official personnel who perform or supervise the performance of official inspection services and certify the results of inspections, including the grade of agricultural commodities.

(17) "Official agricultural commodity samplers" or "samplers" means official personnel who perform or supervise the performance of official sampling services and certify the results of the sampling.

(18) "Official agricultural commodity weighers" means official personnel who perform or supervise the performance of class X or class Y weighing services and certify the results of the services, including the weight of the agricultural commodity.

(19) "Person" means an individual, firm, association, corporation, partnership, or any other form of business enterprise.

(20) "Producer" means the owner, tenant, or operator of land in this state who has an interest in and receives all or part of the proceeds from the sale of agricultural commodities produced on that land.

(21) "Public warehouse" or "warehouse" means an elevator, mill, warehouse, subterminal grain warehouse, public warehouse, or other structure or facility in which, for compensation, agricultural commodities are received for storage, handling, processing, or shipment. The term includes facilities that commingle commodities belonging to different lots of agricultural commodities.

(22) "Purchase contract" means a delayed payment contract or other written contract for the purchase of agricultural commodities by a commodity dealer.

(23) "Purchase price" means the final price after premiums and discounts are assessed.

(24) "Receipt" means a warehouse receipt.

(25) "Scale weight ticket" means a load slip or other evidence of delivery, other than a receipt, given to a depositor by a warehouse operator licensed under the provisions of part 5 of this chapter upon initial delivery of the agricultural commodity to the warehouse.

(26) "Station" means a warehouse located more than 3 miles from the central office of the warehouse.

(27) "Subterminal warehouse" means a warehouse where an intermediate function is performed in which agricultural commodities are customarily received from dealers or producers and where the commodities are accumulated prior to shipment.

(28) "Terminal grain warehouse" means a warehouse authorized by a grain exchange to receive or disburse grain on consignment as presented by the rules and regulations of a grain exchange.

(29) "Warehouse operator" means a person operating or controlling a public warehouse.

(30) "Warehouse receipt" means every receipt, whether negotiable or nonnegotiable, issued under part 5 of this chapter by a warehouse operator, except scale weight tickets.

(31) "Working capital" means the excess of current assets over current liabilities under generally accepted accounting principles.
Mont. Code Ann. § 80-8-103 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-103
80-8-103 Purpose
Status: in_force

80-8-103 . Purpose. The control of pesticides and their use is essential for the protection of humans and the environment. Pesticides are currently considered valuable and necessary to provide sufficient quantity of quality foods and for the protection of humans from vector-borne diseases. However, the protection of humans and their essential needs--water, air, food, animals, vegetation, pollinating insects, and shelter from pesticides that are potentially dangerous--is in the public interest now and in the future. Therefore, it is necessary to provide for the control of pesticides.
Mont. Code Ann. § 80-7-1016 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1016
80-7-1016 Invasive species trust fund
Status: in_force

80-7-1016 . Invasive species trust fund. (1) There is an invasive species trust fund. The board of investments shall invest the money of the fund, and the investment income must be deposited in the fund.

(2) The principal of the invasive species trust fund shall forever remain inviolate in an amount of $100 million unless appropriated by a vote of three-fourths of the members of each house of the legislature.

(3) Except as provided in 80-7-1013 and subsection (2) of this section, money deposited in the invasive species trust fund may not be appropriated until the principal reaches $100 million.

(4) By August 15 of each fiscal year, the principal of the invasive species trust fund in excess of $100 million and the interest and income generated from the trust fund, excluding unrealized gains and losses, must be deposited in the invasive species account established in 80-7-1004 .

(5) Deposits to the principal of the trust fund may include but are not limited to grants, gifts, transfers, bequests, or donations from any source.
Mont. Code Ann. § 80-7-504 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-504
80-7-504 Financing of control program
Status: in_force

80-7-504 . Financing of control program. (1) One-third of the costs of a cropland spraying program or alternative program conducted by the state shall be paid by the state. Prior to the implementation of any state or county control program, the department and the governing body of any county for which the program is proposed shall enter into an interlocal or management agreement on the maximum amount of moneys each shall appropriate or provide toward the proposed program. If either party does not sign and approve the agreement, the program may not be conducted.

(2) Individual farm and ranch landowners may formally petition by written affidavit protesting their inclusion within the proposed cropland spraying program. The department or local governing body shall refrain from spraying any land petitioned to be excluded. Such excluded land remains subject to assessment under 80-7-505 . The governing body of any county for which a control program is intended shall proceed as provided by local government statutes.

(3) If the department conducts the program, it shall pay all costs of the program. The county shall pay its share and the landowner's share as provided in 80-7-505 to the department for deposit in the appropriate fund.

(4) If the county conducts the program, it shall pay all costs of the program including its share. The department shall pay one-third of the costs of the cropland spraying program from moneys appropriated for that purpose to the county in which the program was conducted. The county treasurer shall collect the landowner's special assessment as provided in 80-7-505 .
Mont. Code Ann. § 80-4-614 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-614
80-4-614 Claims on bond by injured person
Status: in_force

80-4-614 . Claims on bond by injured person. A person injured by the breach of an obligation for which the bond is given may file a claim with the department. Claims will be accepted only from producers and for agricultural commodities grown in Montana.
Mont. Code Ann. § 80-15-104 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-104
80-15-104 Administration
Status: in_force

80-15-104 . Administration. (1) The department and the department of environmental quality shall administer this chapter.

(2) The department of environmental quality is responsible for the establishment and enforcement of agricultural chemical ground water standards and interim numerical standards as authorized by 80-15-201 , ground water monitoring as authorized by 80-15-202 and 80-15-203 , providing comments to the department during the development of agricultural chemical ground water management plans, promoting research as set forth in 80-15-107 , and related responsibilities set forth in Title 75, chapter 5.

(3) The department is responsible for the preparation, implementation, and enforcement of agricultural chemical ground water management plans as authorized by 80-15-211 through 80-15-218 , 80-15-401 through 80-15-405 , and 80-15-411 through 80-15-414 , public education as authorized by 80-15-106 , ground water monitoring as authorized by 80-15-202 and 80-15-203 , other duties related to promoting research as set forth in 80-15-107 , and related responsibilities set forth in Title 80, chapters 8 and 10.

(4) This chapter does not limit the department's responsibility to enforce agricultural chemical label directions and prohibitions.

(5) The administration of this chapter, including rulemaking and hearing functions authorized by this chapter, must be conducted in accordance with the Montana Administrative Procedure Act, Title 2, chapter 4.
Mont. Code Ann. § 80-6-1110 — MT Code / Title 80 / Chapter 6 / Part 11 / Section 80-6-1110
80-6-1110 Violation -- penalty
Status: repealed

80-6-1110 . (Temporary) Violation -- penalty. A person who imports, possesses, controls, moves, or wild traps or attempts to import, possess, control, move, or wild trap any bee or equipment in violation of this part or who interferes with or attempts to interfere with the efforts of the committee or its agent to perform its duty under this part is guilty of a misdemeanor and upon conviction shall be fined not less than $300 or more than $500 for the first conviction and not less than $300 or more than $1,000 for each subsequent conviction. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-10-302 — MT Code / Title 80 / Chapter 10 / Part 3 / Section 80-10-302
80-10-302 Enforcement -- embargo order -- condemnation
Status: in_force

80-10-302 . Enforcement -- embargo order -- condemnation. (1) When the department has reasonable cause to believe any lot of commercial fertilizer or soil amendment is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written or printed embargo order requiring the person holding the commercial fertilizer or soil amendment not to dispose of it in any manner until written permission is granted by the department or the court. The department shall release the product when this chapter and the rules of the department have been complied with. If compliance is not obtained within 30 days, the department may begin or, upon the request of the registrant or the person holding the product, shall begin proceedings for condemnation.

(2) Commercial fertilizer or soil amendment not in compliance with this chapter or the rules of the department may be seized on complaint of the department to a district court in the area in which the product is located. If the court finds the product in violation of this chapter and orders its condemnation, the fertilizer or amendment shall be disposed of in any manner consistent with the quality of the product and state law. The disposition of the product may not be ordered by the court without first giving the owner or person from whom the product was seized an opportunity to apply to the court for release of the product or for permission to process or relabel the product to bring it into compliance with this chapter.
Mont. Code Ann. § 80-6-203 — MT Code / Title 80 / Chapter 6 / Part 2 / Section 80-6-203
80-6-203 Importation of bees in packages or queen cages
Status: in_force

80-6-203 . Importation of bees in packages or queen cages. A person or common carrier may not transport or bring bees into this state in packages or queen cages unless the packages or queen cages are accompanied by a certificate of health issued by the official inspector of the state or country from which they came.
Mont. Code Ann. § 80-10-508 — MT Code / Title 80 / Chapter 10 / Part 5 / Section 80-10-508
80-10-508 Enforcement
Status: in_force

80-10-508 . Enforcement. This part must be enforced as provided in 80-10-303 .
Mont. Code Ann. § 80-7-1014 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1014
80-7-1014 Penalty
Status: in_force

80-7-1014 . Penalty. (1) Except as provided in subsection (2), the following penalties apply:

(a) The offense of negligently violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 pertaining to an invasive species management area or the statewide invasive species management area is a misdemeanor punishable by a fine not to exceed $700 for the first offense and $1,400 for subsequent offenses.

(b) The offense of purposely or knowingly violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 pertaining to an invasive species management area or the statewide invasive species management area is a misdemeanor punishable by a fine not to exceed $1,950. In addition, the person shall forfeit the following as issued by this state:

(i) any current fishing license and the privilege to fish in this state for a period of time set by the court; and

(ii) any current sticker or decal required under this part to operate a vessel on the waters of this state.

(c) Purposely or knowingly attempting to introduce an invasive species in Montana is a felony. Any person found guilty under this subsection (1)(c) is subject to a criminal penalty of up to 2 years in prison, a fine not to exceed $25,000, or both. A person convicted of violating this subsection (1)(c) may also be required to surrender an involved vessel and pay restitution for any cost incurred to mitigate the effect of the violation.

(d) A civil penalty not to exceed $2,500 may be imposed on any person who violates any other provision of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 not enumerated in subsections (1)(a) through (1)(c).

(2) A warning without penalty may be issued to any person violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 if it is determined that a warning best serves the public interest.

(3) No penalty may be issued to any person violating the provisions of 80-7-1011 if clear and adequate signage is not posted a reasonable distance from the check station.

(4) Civil penalties collected under this section must be deposited in the general fund.
Mont. Code Ann. § 80-11-209 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-209
80-11-209 Official bonds of employees
Status: in_force

80-11-209 . Official bonds of employees. Employees of the department participating in the handling of assessment receipts or other receipts shall be bonded for the faithful and safe handling and accounting for the receipts while in their hands and for faithful compliance with this part.
Mont. Code Ann. § 80-4-709 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-709
80-4-709 Protein testing laboratory
Status: in_force

80-4-709 . Protein testing laboratory. (1) The department shall maintain an official protein testing laboratory so designated by the Grain Standards Act.

(2) No other laboratory may officially certify the grade or protein content of grain unless the laboratory is licensed by the department under rules adopted by the department.

(3) The department shall by rule determine the standards of analysis controlling all other official protein testing laboratories in this state.

(4) The department may by rule determine the form of protein certificates issued by it.
Mont. Code Ann. § 80-20-103 — MT Code / Title 80 / Chapter 20 / Part 1 / Section 80-20-103
80-20-103 Unlawful acts
Status: in_force

80-20-103 . Unlawful acts. (1) A person who does not have the effective consent of the owner may not acquire or otherwise exercise control over a crop research facility, a crop from a crop research facility, or other property from a crop research facility with the intent to deprive the owner of the facility, crop, or property or to damage the enterprise conducted at the crop research facility.

(2) A person who does not have the effective consent of the owner and who purposely or knowingly intends to damage the enterprise conducted at a crop research facility may not:

(a) damage or destroy a crop research facility or a crop or property in or on the premises of a crop research facility;

(b) enter a crop research facility that is at the time closed to the public with the intent to commit an act prohibited by this part;

(c) remain concealed in a crop research facility with the intent to commit an act prohibited by this part;

(d) enter a crop research facility and commit or attempt to commit an act prohibited by this part;

(e) enter a crop research facility to take pictures by photograph, video camera, or other means with the intent to commit an unlawful act; or

(f) enter or remain on the premises of a crop research facility if the person:

(i) had notice that the entry was forbidden; or

(ii) received notice to depart but failed to do so.

(3) The provisions of this part do not apply to lawful activities of a government agency or its employees who are carrying out their duties under law or to lawful activities of a financial institution or other secured party.
Mont. Code Ann. § 80-12-204 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-204
80-12-204 Evaluation of applicants
Status: in_force

80-12-204 . Evaluation of applicants. (1) The authority shall by rule establish:

(a) procedures and standards for evaluating applications for loans to be approved by the authority for issuance of bonds; and

(b) a system for evaluating the applicants, considering the following criteria:

(i) the applicant's net worth;

(ii) the applicant's access to livestock and machinery;

(iii) the applicant's training and experience in agriculture;

(iv) the applicant's prospects for succeeding in an agricultural operation on the land proposed for purchase; and

(v) any other factors it may prescribe.

(2) The authority shall select the best qualified and most deserving applicants from among those applying for approval of loans for issuance of bonds.

(3) The authority may seek the advice of such lenders as the farmers home administration, the production credit association, the federal land bank, private lenders, or similar organizations in Montana and coordinate its program through these organizations.
Mont. Code Ann. § 80-7-108 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-108
80-7-108 Nursery stock inspections
Status: in_force

80-7-108 . Nursery stock inspections. The department:

(1) may enter the premises of a licensed firm, nursery, plant dealer, or landscape service during regular business hours for the purpose of inspecting nursery stock or other materials for possible plant pests or for determining licensure compliance; and

(2) shall, pursuant to rules promulgated by the department, determine the schedule, the need for inspections based on complaints received and the department's assessment of risk to the state from potential plant pests, and the expected amount of time for the inspections.
Mont. Code Ann. § 80-8-203 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-203
80-8-203 Commercial applicator
Status: in_force

80-8-203 . Commercial applicator. (1) It is unlawful for a person to engage in the business of applying pesticides for another without a pesticide applicator's license obtained from the department of agriculture. An application for a pesticide applicator's license must be accompanied by a fee of $75. The provisions of this subsection do not apply to a person employed only to operate equipment used for the application of a pesticide if the person has no financial interest or other control over the equipment other than its day-to-day mechanical operation for the purpose of applying any pesticide.

(2) Public utility applicators must be licensed in the same manner as commercial applicators, provided that public utility operators working under public utility applicators are not required to be licensed except as provided in 80-8-205 .

(3) A veterinarian licensed as provided in Title 37, chapter 18, part 3, is not required to be licensed to apply nonrestricted pesticides, provided that the veterinarian registers with the department each year. The veterinarian must meet all other requirements and rules of the Montana Pesticides Act. The department shall consider the professional licensing requirements for veterinarians when adopting rules in relation to transactions and activities of a veterinary practice.

(4) An applicator is responsible for the use of any pesticide by an operator or employee under the applicator's supervision or employment.

(5) The department shall assess an additional annual license fee of $10 on applicators to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112 .
Mont. Code Ann. § 80-15-108 — MT Code / Title 80 / Chapter 15 / Part 1 / Section 80-15-108
80-15-108 Confidentiality
Status: in_force

80-15-108 . Confidentiality. (1) The department and the department of environmental quality shall maintain the confidentiality of data declared confidential by EPA and chemical registrant data and information protected from disclosure by federal or state law.

(2) The department of environmental quality shall comply with the requirements of 75-5-105 and the department shall comply with the requirements of 80-8-107 and 80-10-210 , except as otherwise provided by this section.
Mont. Code Ann. § 80-4-401 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-401
80-4-401 Short title
Status: in_force

80-4-401 . Short title. Parts 4 through 7 of this chapter may be cited as the "Agricultural Warehouse, Commodity Dealer, and Grain Standards Act".
Mont. Code Ann. § 80-12-303 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-303
80-12-303 Trust indenture
Status: in_force

80-12-303 . Trust indenture. In the discretion of the authority, the bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be a trust company or bank having the power of a trust company within or without the state.
Mont. Code Ann. § 80-9-105 — MT Code / Title 80 / Chapter 9 / Part 1 / Section 80-9-105
80-9-105 Publications
Status: in_force

80-9-105 . Publications. The department may publish, in a form it considers proper, information concerning the sale of commercial feed, data on production and use, and the results of analysis of official samples of commercial feeds sold within the state as compared with the analysis guaranteed in the registration and on the label. The information concerning production and use of commercial feed may not disclose the operations of any person.
Mont. Code Ann. § 80-4-410 — MT Code / Title 80 / Chapter 4 / Part 4 / Section 80-4-410
80-4-410 Publication of reports
Status: in_force

80-4-410 . Publication of reports. The department may publish the results of any investigation made. It may publish the names and addresses of persons licensed under parts 5 and 6 of this chapter, and it may also publish a list of all licenses terminated under parts 5 and 6 of this chapter and the causes therefor.
Mont. Code Ann. § 80-2-225 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-225
80-2-225 Real estate lien -- creation
Status: in_force

80-2-225 . Real estate lien -- creation. The hail insurance fees chargeable to the lands of each person who elects to become subject to this part must be collected by the department. If the fees are not paid, they are a lien on the lands against which they are imposed.
Mont. Code Ann. § 80-4-725 — MT Code / Title 80 / Chapter 4 / Part 7 / Section 80-4-725
80-4-725 Sale or offering for sale of treated product prohibited
Status: in_force

80-4-725 . Sale or offering for sale of treated product prohibited. A person may not sell or offer for sale an agricultural commodity that has been treated with any injurious or toxic substance or chemical unless the agricultural commodity has been colored or dyed a color contrasting with the natural color of the agricultural commodity. Section 80-4-724 and this section do not apply to the treatment of an agricultural commodity solely for the killing of insects that might be present. A person violating this section is guilty of a misdemeanor.
Mont. Code Ann. § 80-2-220 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-220
80-2-220 Rules -- hail insurance fees
Status: in_force

80-2-220 . Rules -- hail insurance fees. The department and the board of hail insurance shall adopt rules necessary for the administration and collection of hail insurance fees pursuant to this part.
Mont. Code Ann. § 80-9-202 — MT Code / Title 80 / Chapter 9 / Part 2 / Section 80-9-202
80-9-202 Labeling
Status: in_force

80-9-202 . Labeling. (1) A commercial feed, except a customer formula feed, must be accompanied by a label containing:

(a) the quantity statement;

(b) the product name and any brand name under which the commercial feed is distributed;

(c) the guaranteed analysis stated in terms the department by rule determines are required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements guaranteed must be determinable by laboratory methods such as the methods published by AOAC international. Pet treats as defined in 80-9-101 (22)(b) are exempt from the guaranteed analysis requirement of this subsection (1)(c).

(d) the common or usual name of each ingredient used in the manufacture of the commercial feed. The department by rule may permit the use of a collective term for a group of ingredients that perform a similar function, or it may exempt commercial feeds or any group of them from this requirement of an ingredient statement if it finds that the statement is not required in the interest of consumers.

(e) the name and principal mailing address of the manufacturer, the person responsible for distributing the commercial feed, or the guarantor;

(f) adequate directions for use for all commercial feeds containing drugs. The department may by rule require directions for the use of other commercial feeds when necessary for their safe and effective use.

(g) precautionary statements that the department by rule determines are necessary for safe and effective use of the commercial feed.

(2) A customer formula feed must be accompanied by a label, invoice, delivery slip, or other shipping document containing:

(a) the name and address of the manufacturer or guarantor;

(b) the name and address of the purchaser;

(c) the date of delivery;

(d) the specific agreed to composition of the feed or a list of the ingredients, but not necessarily the percentage of each ingredient;

(e) adequate directions for use for all customer formula feed containing drugs. The department may by rule require directions for the use of other customer formula feeds when necessary for their safe and effective use.

(f) precautionary statements that the department by rule determines are necessary for safe and effective use of the feeds;

(g) in cases when a drug-containing product is used in a customer formula feed:

(i) the purpose of the drug in the form of a claim statement; and

(ii) the established name of each active drug ingredient and the level of each drug used in the final mixture, expressed in accordance with the association of American feed control officials model feed regulations, as published in that organization's official publication and adopted by department rule.
Mont. Code Ann. § 80-10-110 — MT Code / Title 80 / Chapter 10 / Part 1 / Section 80-10-110
80-10-110 Regulation of commercial fertilizers and soil amendments by political subdivision prohibited
Status: in_force

80-10-110 . Regulation of commercial fertilizers and soil amendments by political subdivision prohibited. (1) Except as provided in subsection (2), a political subdivision may not regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments. A political subdivision may not adopt or continue in effect any local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments. Local legislation adopted or continued in violation of this section is void and unenforceable.

(2) (a) A political subdivision may enter into a cooperative agreement with the department concerning the use and application of commercial fertilizers or soil amendments.

(b) Nothing in subsection (1) prevents a political subdivision from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities.
Mont. Code Ann. § 80-2-245 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-245
80-2-245 Benefits exempt from execution
Status: in_force

80-2-245 . Benefits exempt from execution. All money or benefits received from hail insurance are exempt from execution, are not liable to attachment, and may not be seized, taken, or appropriated by any local process to pay any debt or liability of the insured unless the amount is assigned and then for no more than the amount of the claim intended to be secured by the assignment, with lawful interest.
Mont. Code Ann. § 80-4-524 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-524
80-4-524 Discrimination in charge by warehouse operator prohibited
Status: in_force

80-4-524 . Discrimination in charge by warehouse operator prohibited. A warehouse operator may not directly or indirectly, by a special charge, rebate, drawback, or other device, collect from any person a greater or lesser compensation for any service rendered in the storage, conditioning, handling, or shipment of agricultural commodities than the operator collects from any other person for a similar circumstance or condition. A warehouse operator may not make or give any advantage to any person, company, or corporation or subject any person, company, or corporation to any undue or unreasonable prejudice or disadvantage.
Mont. Code Ann. § 80-15-213 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-213
80-15-213 Beneficial use to be considered in developing management plans -- water classification
Status: in_force

80-15-213 . Beneficial use to be considered in developing management plans -- water classification. (1) (a) In developing general and specific agricultural chemical ground water management plans, the department shall consider the current and potential beneficial use of the ground water included in or affected by the plans.

(b) If the ground water has not been classified:

(i) the department shall consider it to be included in the classification representing the highest quality of ground water until the ground water is classified by the department of environmental quality; and

(ii) the department may proceed to develop an agricultural chemical ground water management plan as provided in 80-15-212 (1) and (2).

(2) The department may request the department of environmental quality to classify certain ground water and may collect the data and information required by the department of environmental quality to classify the ground water. If adequate technical data and financial resources are available as determined by the department of environmental quality, the department of environmental quality shall classify ground water at locations as requested by the department.
Mont. Code Ann. § 80-1-305 — MT Code / Title 80 / Chapter 1 / Part 3 / Section 80-1-305
80-1-305 Terminated
Status: in_force

80-1-305 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 80-14-103 — MT Code / Title 80 / Chapter 14 / Part 1 / Section 80-14-103
80-14-103 Terminated
Status: in_force

80-14-103 . Terminated. Sec. 5, Ch. 57, L. 1987.
Mont. Code Ann. § 80-7-905 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-905
80-7-905 Powers and duties of department
Status: in_force

80-7-905 . Powers and duties of department. The department may:

(1) provide for administration and enforcement of this part;

(2) enter into contracts and agreements;

(3) authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations that are required for administering the provisions of this part;

(4) become a member of and purchase membership in trade organizations and subscribe to and purchase trade bulletins, journals, and other trade publications;

(5) plan and conduct publicity and promotional campaigns to increase the incentives to use Montana forage that is free of noxious weed seed and to make publicity and promotional contracts and other agreements as necessary;

(6) establish certification standards and processes for forage and byproducts of forage and determine if processed forage byproducts are noxious weed seed free, based upon field of origin or verification that the production process has destroyed the viability of noxious weed seeds;

(7) establish fee assessments and accept other funds to make the certification program financially self-supporting;

(8) establish a standard range of variances or tolerances for noxious weed seeds in different forage subject to certification as noxious weed seed free, based upon scientific and operational considerations;

(9) administer rules and orders to be adopted for the exercise of its power and the performance of its duties, in accordance with Title 2, chapter 4;

(10) cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or the United States government, and enter into contracts or agreements with organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity, reciprocity, and enforcement of this part;

(11) hire employees and designate authorized agents to conduct certification inspections, investigations, and sampling and to collect evidence of possible violations of this part; and

(12) accept grants, donations, and gifts from any source and expend those funds for any purpose consistent with this part, which may be specified as a condition of any grant, donation, or gift.
Mont. Code Ann. § 80-11-511 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-511
80-11-511 Duties of commodity advisory committees
Status: in_force

80-11-511 . Duties of commodity advisory committees. (1) Each commodity advisory committee created in 80-11-510 shall advise the department regarding:

(a) policies and procedures to be followed by the department when administering a commodity research and market development program associated with each respective advisory committee;

(b) adoption of rules implementing and administering respective commodity research and market development programs;

(c) annual assessments on agricultural commodities associated with a respective research and market development program;

(d) assessment collection and enforcement procedures to be followed with each respective research and market development program; and

(e) the awarding of research and marketing contracts.

(2) None of the powers or duties provided for in this part permit participation in state or federal political action by an advisory committee.
Mont. Code Ann. § 80-2-102 — MT Code / Title 80 / Chapter 2 / Part 1 / Section 80-2-102
80-2-102 Agreements with United States secretary of agriculture authorized
Status: in_force

80-2-102 . Agreements with United States secretary of agriculture authorized. (1) The department shall enter into agreements with the secretary of agriculture of the United States under section 2(f) of Public Law 499, 81st congress, upon terms and conditions and for periods of time as are mutually agreeable, authorizing the secretary of agriculture to accept, administer, spend, and use in the state all or any part of the trust assets or any other funds of the state which may be appropriated for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as amended, and do all things necessary to carry out the agreements.

(2) The program must be administered with funds appropriated for such purposes and any request for an increase of spending authority for administering the program requires a budget amendment and is subject to Title 17, chapter 7, part 4.
Mont. Code Ann. § 80-5-505 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-505
80-5-505 Authority of alternative dispute resolution council -- compensation
Status: in_force

80-5-505 . Authority of alternative dispute resolution council -- compensation. (1) The alternative dispute resolution council or its members may:

(a) examine the buyer and the seller on all matters that the council considers relevant;

(b) grow a representative sample of the agricultural seed to production stage under the director's supervision through the facilities of the department or a designated university;

(c) hold informal hearings at the time and place directed by the council presiding officer, provided that reasonable notice was given to all parties; and

(d) delegate all or any part of an investigation to one or more of the council members.

(2) The members of the council may not receive compensation for the performance of their duties with respect to this part, except for reimbursement for travel expenses and per diem.
Mont. Code Ann. § 80-5-501 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-501
80-5-501 Requirement and effect of alternative dispute resolution -- exemption
Status: in_force

80-5-501 . Requirement and effect of alternative dispute resolution -- exemption. (1) As a prerequisite to a buyer's rights to maintain legal action against a dealer or any other seller of agricultural seed for a claim as provided in subsection (2), the buyer shall submit the claim to alternative dispute resolution as provided in 80-5-506 and this section.

(2) A buyer may claim to have been damaged by the failure of agricultural seed to produce or perform:

(a) as represented by the label that is required to be attached pursuant to 80-5-123 ;

(b) as represented by the bulk certificate if the agricultural seed was purchased in bulk;

(c) by warranty; or

(d) as a result of negligence.

(3) Any applicable period of limitations with respect to the claim must be tolled until 10 days after the filing of the report of alternative dispute resolution with the director of the department as provided in 80-5-506 .

(4) (a) A claim may not be asserted as a counterclaim or defense in any action brought by a seller against a buyer until the buyer has submitted a claim to alternative dispute resolution as provided in 80-5-506 and this section.

(b) When the buyer files a written notice of intention to assert a claim as a counterclaim or defense in the action and the notice is accompanied by a copy of the buyer's complaint in alternative dispute resolution filed under 80-5-506 , the action must be stayed and any applicable statute of limitations must be suspended with respect to the claim asserted as a counterclaim or defense until 10 days after the filing of the report of alternative dispute resolution with the director of the department as provided in 80-5-506 .

(5) To be eligible for resolution under the alternative dispute resolution process, a complaint must allege damages in excess of the amount established in 25-35-502 for jurisdiction in small claims court.

(6) This part does not apply to seed potatoes.
Mont. Code Ann. § 80-2-244 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-244
80-2-244 Payment of losses
Status: in_force

80-2-244 . Payment of losses. (1) The department shall, as soon as practicable after the loss has been sustained, arrange for the payment of the loss in the following manner. From the amount of the loss as adjusted for each claimant, the department shall deduct the amount that the claimant then owes as a delinquent hail insurance fee and the maximum amount assessed as a hail insurance fee for the current year.

(2) The department shall on or before November 1 order payment for the balance of the adjustment to be sent to the claimant, provided that the payment for loss may not exceed the maximum amounts established in 80-2-208 . A claimant may not receive payment for any loss incurred if the loss does not equal or exceed 5% of the total value of the crop insured. If the losses in any year exceed the current fees plus the reserve, then the payment of all losses must be prorated among all growers having loss claims adjusted and approved, and the unpaid balance of the losses must be paid out of the reserve without interest in the order that the department directs when, in the judgment of the department, there is sufficient money to provide for the payment of the claims and other items payable out of the reserve.
Mont. Code Ann. § 80-11-225 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-225
80-11-225 Committee procurement -- rulemaking
Status: in_force

80-11-225 . Committee procurement -- rulemaking. (1) The wheat and barley committee is not subject to procurement procedures under Title 18, chapter 4.

(2) The committee shall adopt rules for procurement of goods and services necessary to the duties outlined in this part.
Mont. Code Ann. § 80-5-602 — MT Code / Title 80 / Chapter 5 / Part 6 / Section 80-5-602
80-5-602 Definitions
Status: in_force

80-5-602 . Definitions. As used in this part, the following definitions apply:

(1) "Grower" means the person responsible for planting and managing a crop on land where infringement of an intellectual property right is suspected to have occurred.

(2) "Person" means an individual, firm, association, corporation, partnership, the state, a subdivision of the state, or any other form of business enterprise.

(3) "Protected plant" means any plant part or material, including but not limited to seeds and genetic traits, that is patented by the U.S. patent and trademark office or protected under the federal Plant Variety Protection Act, 7 U.S.C. 2321, et seq., or any other intellectual property protection recognized by federal law.
Mont. Code Ann. § 80-7-912 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-912
80-7-912 Prohibited acts
Status: in_force

80-7-912 . Prohibited acts. (1) It is unlawful for a person to certify or sell as certified or as noxious weed seed free any forage as free of noxious weed seed within this state, unless the forage is identified under a department-approved process as "Montana certified" and the forage meets all the requirements of this part. A person may not designate forage as certified or use any other title, designation, words, letters, abbreviations, sign, card, or identifier tending to indicate that the forage is certified unless the forage meets all the requirements of this part.

(2) Forage certified under a reciprocal agreement between the department and another state or Canadian province and identified according to approved certification standards to be shipped into the state or shipped to another state or province must meet the requirements of this part.

(3) All forage products used by public utilities and local, county, state, or federal agencies, including but not limited to mulches, bedding materials, and erosion control barriers, must be certified as noxious weed seed free. All seeds used for reclamation purposes by public utilities and local, county, state, or federal agencies must be free of noxious weed seeds and be certified seed according to Title 80, chapter 5.
Mont. Code Ann. § 80-6-315 — MT Code / Title 80 / Chapter 6 / Part 3 / Section 80-6-315
80-6-315 State special revenue account -- source of funds
Status: in_force

80-6-315 . State special revenue account -- source of funds. (1) There is an apiary account in the state special revenue fund established in 17-2-102 . All funds received by the department under parts 1 through 3 must be deposited in the apiary account.

(2) The department may direct the board of investments to invest the funds collected under subsection (1), pursuant to the provisions of 17-6-201 . The interest and income from the investments must be credited to the account provided for in subsection (1).
Mont. Code Ann. § 80-5-508 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-508
80-5-508 Costs of alternative dispute resolution
Status: in_force

80-5-508 . Costs of alternative dispute resolution. Costs of alternative dispute resolution that exceed the amount paid in filing fees must be assessed to the nonprevailing party or equally distributed between the parties to the extent that the parties have agreed in writing to the equal distribution.
Mont. Code Ann. § 80-6-311 — MT Code / Title 80 / Chapter 6 / Part 3 / Section 80-6-311
80-6-311 Bee laboratory authorized
Status: in_force

80-6-311 . Bee laboratory authorized. The department or a party designated by the department may develop and maintain a laboratory to provide disease and pest analytical services required to carry out the provisions of this part. The laboratory may be authorized by the department to provide services to persons possessing any bees or equipment on a fee basis pursuant to 80-6-201 (3).
Mont. Code Ann. § 80-3-312 — MT Code / Title 80 / Chapter 3 / Part 3 / Section 80-3-312
80-3-312 Markings -- exceptions
Status: in_force

80-3-312 . Markings -- exceptions. (1) A person may not sell, pack, offer for sale or transport, deliver, or consign in interstate or intrastate commerce produce prepared for market unless each container has been legibly marked with the declared grade of the produce and the name and address of the person responsible for the packing and grading. The grade declared must conform to the provisions of this part.

(2) Produce that is grown in Montana or any other produce arriving or found in Montana in containers that have no grade marking must meet the requirements of the U.S. No. 1 grade or be marked with the proper grade.

(3) This section does not apply to:

(a) a person selling to the ultimate consumer produce that was grown by that person and that is not for resale; or

(b) the display of produce on a free choice rack.

(4) Produce may be sold for seed purposes when graded under rules adopted by the department and plainly marked for seed purposes.
Mont. Code Ann. § 80-6-201 — MT Code / Title 80 / Chapter 6 / Part 2 / Section 80-6-201
80-6-201 Apiaries -- powers and duties of department
Status: in_force

80-6-201 . Apiaries -- powers and duties of department. (1) To prevent the spread of pests and contagious and infectious disease among bees and apiaries, the department may:

(a) enter private land containing an apiary site and fly over or enter any farm, railroad right-of-way, or other grounds or premises containing an apiary site to determine the health or ownership of the bees. The department shall provide at least 24 hours' notice to a private landowner before entering private land.

(b) order the transfer of colonies of bees from hives or containers that cannot be properly examined for brood or other diseases to other hives or containers;

(c) order disinfection of any bees, hives, brood comb, or any other equipment that is infected or contaminated with disease or pests and burn the infected or contaminated bees, hives, brood comb, or any other equipment if, in its judgment, disinfection will not remove the infection or contamination. Before burning any property, the department shall give the person to whom the apiary site is registered a written notice at least 5 days before the date the property will be burned. The notice must be given by certified mail or personal service. Before burning any equipment, the department shall notify the owner of the land on which the apiary site is located.

(d) quarantine any apiary site where pests, foulbrood, or any other contagious or infectious diseases are present with the following conditions:

(i) During the quarantine, the department shall prevent the removal from the apiary site of any bees or equipment except under a special permit issued by the department permitting the removal under conditions prescribed by the department.

(ii) A person may not sell or offer for sale any apiary site, bees, or equipment under quarantine unless a permit authorizing the sale or removal is issued by the department.

(iii) Written notice of quarantine must be posted by the department, owner, or person in charge at the quarantined apiary site at a conspicuous place, and a copy must be personally served or sent by certified mail to the owner of the apiary site at the owner's last-known address or to the person in charge. The quarantine continues in effect until it is ordered removed and a copy of the removal order is served in the same manner.

(iv) The owner or person in charge of the quarantined apiary site may enter the premises for standard care and maintenance of the bees.

(e) establish by rule interior and exterior quarantines to prevent the entry or spread of diseases or pests that are not known to occur in Montana;

(f) inspect apiaries, hives, equipment, or premises for the presence of disease or pests;

(g) inspect any apiary site at the request of and at the expense of any interested party;

(h) promulgate and enforce rules adopted pursuant to parts 1 through 3 of this chapter.

(2) A person failing to comply with a rule, order, or provision of a quarantine pursuant to this section is subject to penalties provided for in 80-6-303 .

(3) The department may provide disease and pest inspection, sampling, and laboratory analysis services for a fee. The department shall adopt rules setting the fee commensurate with costs and establishing procedures for sampling and analysis.

(4) The department may enter into agreements with the United States department of agriculture, other federal agencies, other states, municipal authorities, and individual Montana beekeepers in carrying out the provisions of this part.
Mont. Code Ann. § 80-11-202 — MT Code / Title 80 / Chapter 11 / Part 2 / Section 80-11-202
80-11-202 Declaration of policy
Status: in_force

80-11-202 . Declaration of policy. In the presence of the facts that wheat and barley are the principal grain crops produced in Montana and as such are agricultural resources of the first magnitude in the economy of the inhabitants of Montana, prime factors in the production of wealth and the development and stabilization of property values and of activities and enterprises that are bases and sources of important contributions by taxation to the public revenues, and that Montana wheat and barley are commodities that enter a world market highly competitive in character, it is hereby declared to be the public policy of the state of Montana to protect and foster the health, prosperity, and general welfare of its people by encouraging and promoting intensive, scientific, and practical research into all phases of wheat and barley culture and production, marketing, and use and into the development of markets for wheat and barley grown in Montana by the department.
Mont. Code Ann. § 80-12-314 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-314
80-12-314 Refunding obligations -- issuance
Status: in_force

80-12-314 . Refunding obligations -- issuance. The authority may provide for the issuance of refunding obligations to refund any obligations then outstanding that have been issued under this chapter, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the obligations. The issuance of obligations, the maturities and other details, the rights of the holders, and the rights, duties, and obligations of the authority are governed by the appropriate provisions of this chapter that relate to the issuance of obligations.
Mont. Code Ann. § 80-5-123 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-123
80-5-123 Label requirements for agricultural, vegetable, flower, and indigenous seeds
Status: in_force

80-5-123 . Label requirements for agricultural, vegetable, flower, and indigenous seeds. (1) Each container of agricultural, vegetable, flower, and indigenous seeds sold in this state for sowing purposes must bear a conspicuous, unaltered label or tag, plainly written or printed in English. Bulk sales must be accompanied by the required label information, which must be given to the seed purchaser. The following information, which may not be modified or denied in the labeling or on another label attached to the container, must be included on a label:

(a) name and address of the seed labeler;

(b) lot number identification;

(c) germination rate and date of germination test or a notation of the year for which the seed was packaged for sale;

(d) state or country of origin;

(e) notice calling attention to the requirement for alternative dispute resolution under 80-5-501 ; and

(f) seed kind or variety. The department shall establish rules specifying the kinds of seed for which variety must be stated and the kinds of seeds for which the variety may be stated and when the words "variety not stated" may be used. Kinds of seeds not listed by department rule may be stated as kind only or as kind and variety.

(2) In addition to the required label information listed in subsection (1), the department shall establish by rule additional label requirements for agricultural seed, including grass, lawn, and turf seed, and for vegetable, flower, and indigenous seeds. The additional label requirements may include:

(a) percentage of kind or variety of each seed component present in a container;

(b) percentage of weed seed present, both restricted and common weed seed;

(c) amount of inert material present;

(d) warnings for treated seed; and

(e) requirements for coated seed, inoculated seed, seed that is below standard, seed sold in bulk, hybrid seed, seed mixtures, and seed in containers, mats, tapes, and other planting devices.
Mont. Code Ann. § 80-5-134 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-134
80-5-134 Prohibitions
Status: in_force

80-5-134 . Prohibitions. (1) A person may not sell or transport for use in planting in this state any seed that:

(a) contains prohibited noxious weed seeds;

(b) contains restricted weed seeds in excess of the maximum numbers per pound allowed under rules adopted by the department;

(c) contains in excess of 2% or more of weed seed;

(d) is offered or exposed for sale more than 12 calendar months from the last day of the month in which the germination test was completed. This 12-month limitation does not apply when seed is packaged in hermetically sealed containers within 12 months after harvest. The container must be conspicuously labeled in not less than 8-point type to indicate that:

(i) the container is hermetically sealed;

(ii) the seed has been preconditioned as to moisture content; and

(iii) the germination test is valid for a period not to exceed 18 months from the date of the germination test for seeds offered for sale on a wholesale basis and for a period not to exceed 36 months for seeds offered for sale at retail.

(e) is labeled, advertised, or otherwise represented as being certified seed of any class unless:

(i) it has been determined by a seed certifying agency that the seed conforms to standards of purity and identity as to kind, species (and subspecies, if appropriate), or variety; and

(ii) the seed bears an official label issued for that seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species (and subspecies, if appropriate), or variety;

(f) is a variety for which a United States certificate of plant variety protection has been issued or applied for under the provisions of the Plant Variety Protection Act, 7 U.S.C. 2321, et seq., without the authority of the owner of the variety or is labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which the certificate or application for "protection" specifies sale only as a class of certified seed, provided that seed from a certified lot may be labeled as to variety name when used in a mixture;

(g) is not labeled in accordance with the provisions of this chapter and appurtenant rules or that has false or misleading labeling;

(h) has been falsely or misleadingly advertised.

(2) It is unlawful for a person within this state to:

(a) detach, alter, deface, or destroy any label provided for in this chapter or by rules promulgated pursuant to this chapter or to alter or substitute seed in a manner that may defeat the purposes of this chapter;

(b) disseminate any false or misleading advertisement concerning seed subject to the provisions of this chapter in any manner or by any means;

(c) hinder or obstruct, in any way, any authorized person in the performance of duties authorized under this chapter;

(d) fail or refuse to obtain a license when required pursuant to 80-5-130 ;

(e) fail to comply with a stop sale order or to move or otherwise handle or dispose of any lot of seed held under a stop sale order except with permission of the department and for the purpose specified in the stop sale order;

(f) fail to comply with any provisions of this part, including rules promulgated under this part;

(g) use the word "trace" as a substitute for any required statement;

(h) use the word "type" in any labeling in connection with the name of any agricultural seed variety; or

(i) provide seed cleaning and conditioning services without obtaining a properly completed genuine grower declaration form as specified by the department.
Mont. Code Ann. § 80-4-531 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-531
80-4-531 Duty to deliver stored agricultural commodities -- weights and inspections -- modifying agreements -- damages
Status: in_force

80-4-531 . Duty to deliver stored agricultural commodities -- weights and inspections -- modifying agreements -- damages. (1) The duty of the warehouse operator to deliver agricultural commodities stored is governed by this part. Upon the return of a properly endorsed warehouse receipt to the warehouse operator and upon payment or tender of all advances and legal charges, agricultural commodities of the grade and quantity named therein must be delivered to the holder of the warehouse receipt.

(2) The holder of the warehouse receipt is entitled to an official inspection, as specified by the federal grain inspection service in the regulations implementing the United States Grain Standards Act. Inspections other than official must be agreed to in writing by the warehouse operator and the holder of the warehouse receipt.

(3) (a) The holder of a warehouse receipt is entitled to class X or Y weights or better, as specified by the federal grain inspection service in the regulations implementing the United States Grain Standards Act.

(b) In the event an approved class X or Y weight is unavailable at the warehouse of origin, the following weights take precedence in this order:

(i) destination official or certified class X or Y or better; or

(ii) railroad track scale weights.

(4) The parties to a storage agreement are bound by an agreement made under this section and intended to supplement or modify the optional sections of the warehouse receipt if the agreement offer is made in writing and the receiving party fails to reject the offer in writing within 10 days of receipt of the written offer. In order to be valid, the agreement offer must state in boldface type that the receiving party has 10 days to reject the offer.

(5) A warehouse operator's duty to deliver any agricultural commodity is fulfilled if delivery is made pursuant to the contract with the depositor as rapidly as it can be done by ordinary diligence. When delivery is made within 48 hours from date of demand or as agreed upon in writing by all parties concerned, the delivery complies with the provisions of this section. An extension of the delivery period may be granted by the department upon written request.

(6) All redeliveries must be made at the warehouse or station where the agricultural commodity was received unless otherwise agreed.

(7) At the option of the depositor, the warehouse operator shall deliver the agricultural commodity at a terminal or, if mutually agreed, shall pay to the depositor the equivalent market value of the agricultural commodity on that date, less any freight and storage charges to the terminal and less other charges which may be allowed by the department.

(8) In addition to other penalties provided, a warehouse operator failing to deliver agricultural commodities within the time provided in this section is subject to suit by the person entitled to delivery of the agricultural commodities and may be ordered by a court of competent jurisdiction to pay actual damages or liquidated damages of 1/2 of 1% of the value for each day's delay.
Mont. Code Ann. § 80-5-140 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-140
80-5-140 Application of sections
Status: in_force

80-5-140 . Application of sections. A person, firm, association, or corporation that issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or written or printed representation or description pertaining to seeds or plant parts intended for propagation or sale or sold or offered for sale in which the words "Montana state certified", "state certified", "Montana certified", or "one year off certified" or similar words or phrases are used or employed is subject to 80-5-140 through 80-5-144 .
Mont. Code Ann. § 80-1-302 — MT Code / Title 80 / Chapter 1 / Part 3 / Section 80-1-302
80-1-302 Terminated
Status: in_force

80-1-302 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 80-11-519 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-519
80-11-519 Penalty for violation
Status: in_force

80-11-519 . Penalty for violation. A person who violates any provision of this part is guilty of a misdemeanor and upon conviction shall be fined an amount not less than $25 or more than $1,000. All fines collected must be deposited as provided in 80-11-518 .
Mont. Code Ann. § 80-12-205 — MT Code / Title 80 / Chapter 12 / Part 2 / Section 80-12-205
80-12-205 Purchase of loans
Status: in_force

80-12-205 . Purchase of loans. The authority may purchase loans and make advance commitments to purchase loans from a financial institution at prices and upon terms and conditions established pursuant to 80-12-201 through 80-12-204 and rules promulgated by the authority.
Mont. Code Ann. § 80-8-401 — MT Code / Title 80 / Chapter 8 / Part 4 / Section 80-8-401
80-8-401 Short title
Status: in_force

80-8-401 . Short title. This part may be cited as the "Model Integrated Pest and Pesticide Management Safety Program Act".
Mont. Code Ann. § 80-5-506 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-506
80-5-506 Alternative dispute resolution procedure
Status: in_force

80-5-506 . Alternative dispute resolution procedure. (1) A buyer may institute alternative dispute resolution by filing a sworn complaint and a $250 filing fee with the director of the department. The buyer shall serve a copy of the complaint on the seller by certified mail or as otherwise provided in state law. Except in a case of agricultural seed that has not been planted, the claim must be filed allowing sufficient time to permit effective inspection of the plants under field conditions.

(2) Within 21 days after receipt of a copy of the complaint, the seller shall:

(a) file an answer to the complaint with the director;

(b) submit a $250 filing fee to the department; and

(c) serve a copy of the answer on the buyer by certified mail or as otherwise provided in state law.

(3) The director shall refer the complaint and answer to the alternative dispute resolution council for investigation, findings, and recommendations within 30 days of receiving the answer.

(4) When a complaint is referred to the council for investigation, the council shall make an investigation of the matters contained in the complaint and file a report of its findings and recommendations with the director within 60 days of receiving the referral, unless the parties subject to the alternative dispute resolution agree to a later date.
Mont. Code Ann. § 80-10-106 — MT Code / Title 80 / Chapter 10 / Part 1 / Section 80-10-106
80-10-106 Meetings and functions of advisory committee
Status: in_force

80-10-106 . Meetings and functions of advisory committee. The advisory committee shall meet a minimum of once each year with the directors of the cooperative extension service and the agricultural experiment station to perform the following functions:

(1) review the educational and experimental programs financed by this chapter;

(2) recommend needed programs and/or program adjustments;

(3) report to the Montana house and/or senate agriculture committees as requested.
Mont. Code Ann. § 80-12-301 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-301
80-12-301 Issuance of bonds -- credit of the state not pledged
Status: in_force

80-12-301 . Issuance of bonds -- credit of the state not pledged. (1) The authority may issue bonds of the state of Montana in a principal amount it determines necessary to provide sufficient funds for achieving any of the purposes of the Montana agricultural loan authority program, including the payment of interest on bonds, establishment of reserves to secure the bonds, and all other expenditures of the authority incident to the program.

(2) Each issue of its bonds is an obligation of the authority, payable out of any revenues, assets, or money generated by the Montana agricultural loan authority program. The authority shall manage its loans so that the bonds are repaid by the revenue generated by the program. The full faith and credit and taxing powers of the state are not pledged for the payment of bonds issued by the authority under the provisions of this chapter.

(3) The bonds must be authorized by resolution of the authority, bear a date, and mature at times the authority determines. A bond may not mature more than 60 years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The bonds of the authority may be sold at public or private sale, at prices determined by the authority.

(4) The resolution shall specify:

(a) the rate of interest of the bonds;

(b) the denomination of the bonds;

(c) whether the bonds shall be in coupon or registered form and registration privileges, if any;

(d) the manner and place of execution;

(e) the manner, place, and medium of payment; and

(f) the terms of redemption.

(5) The total amount of bonds outstanding at any one time may not exceed $40 million.
Mont. Code Ann. § 80-7-502 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-502
80-7-502 Insect detection, surveillance, and control programs
Status: in_force

80-7-502 . Insect detection, surveillance, and control programs. The department may:

(1) employ permanent and seasonal personnel to administer this part;

(2) survey for and maintain surveillance of insect pests during appropriate seasons and enter upon any croplands in the course of conducting such surveillance;

(3) provide insect pest management services to particular agricultural commodity groups for the resolution of special or unusual insect pest problems;

(4) determine or assist a county to determine, upon investigation, whether a serious infestation exists or threatens to occur within a county;

(5) declare that an insect pest infestation constitutes a serious infestation;

(6) operate, contract for, or assist a county to obtain spraying or other appropriate services to counteract an actual or threatening serious infestation, having first determined that any person contracting to supply such services is properly equipped to apply substances designated and approved by the department;

(7) conduct, cooperate in, or coordinate upon request by any affected county, insect pest management services for serious pest infestations in one or more counties;

(8) assist counties, upon request, to coordinate county insect pest management programs in contiguous counties.
Mont. Code Ann. § 80-5-143 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-143
80-5-143 Withholding certification
Status: in_force

80-5-143 . Withholding certification. The said university or its designated agency or agencies may withhold certification from any grower of seeds or plant parts who is engaged in or attempting to engage in any dishonest practices for the purpose of evading the provisions of 80-5-140 through 80-5-144 , including standards and rules laid down by the said university or its designated agency or agencies to cover certification.
Mont. Code Ann. § 80-7-109 — MT Code / Title 80 / Chapter 7 / Part 1 / Section 80-7-109
80-7-109 Duty to notify department of infestation
Status: in_force

80-7-109 . Duty to notify department of infestation. A firm, nursery, plant dealer, or landscape service with nursery stock or other materials that are infected or infested with plant pests shall notify the department. The firm, nursery, plant dealer, or landscape service shall comply with the instructions of the department for the control of the plant pests.
Mont. Code Ann. § 80-11-302 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-302
80-11-302 Findings -- purpose
Status: repealed

80-11-302 . (Temporary) Findings -- purpose. (1) The legislature finds that:

(a) it is in the best interest of all the people of Montana that the abundant natural resources of the state be protected, fully developed, and uniformly distributed;

(b) economic waste threatens the alfalfa seed industry in Montana because of lack of proper advertising and dissemination of information necessary for the development and promotion of alfalfa seed grown in the state and because of lack of facilities and funds for research to:

(i) develop and improve control measures for diseases and pests which attack alfalfa seed pollinators;

(ii) improve alfalfa seed growing culture; and

(iii) disseminate information to the growers; and

(c) it is in the interest of the people and general welfare of the state that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting, and marketing of alfalfa seed.

(2) The purpose of this part is to promote the general welfare of the people of the state by improving the culture and production of and expanding the market for alfalfa seed grown in the state. (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-6-104 — MT Code / Title 80 / Chapter 6 / Part 1 / Section 80-6-104
80-6-104 Apiaries -- termination of rights -- abandonment
Status: in_force

80-6-104 . Apiaries -- termination of rights -- abandonment. (1) Except for a hobbyist apiary site, the registration of an apiary site that is not stocked with at least 10 working hives for 10 consecutive days between April 1 and October 1 of each year is considered forfeited. Exceptions may be granted by the department if sites cannot be used because of a natural disaster or other circumstances. When an exception is granted, movement of hives must be to other registered apiary sites.

(2) If an apiary site is not regularly attended in accordance with good beekeeping practice and that lack of attendance comprises a hazard or threat to disease or pest control in the beekeeping industry, if by reason of its physical condition or construction an apiary site cannot be inspected, or if an apiary site is not registered in accordance with 80-6-102 , the apiary site may be considered abandoned and the bees and equipment at the site may be seized by the department.

(3) Any pest-infected equipment, diseased equipment, or equipment that by reason of its physical condition or construction cannot be inspected may be burned.

(4) Abandoned equipment and bees may be sold by the department at public auction. Proceeds, after the cost of the sale is deducted, may be returned to the former owner or the former owner's estate, if the owner is known, or placed in the apiary account in 80-6-315 if the owner cannot be determined.

(5) Before burning or selling any equipment, the department shall give the owner or person in charge of the apiary site a written notice at least 5 days before the burning or sale. The notice must be by certified mail or personal service upon the owner or person in charge of the apiary site. If the owner or person in charge of the apiary site cannot be located, a certified letter sent to the owner's most recent address registered with the department is sufficient notice under this section. At least 5 days before the burning or sale, a legal notice must also be published in a newspaper in the county where the equipment was found.

(6) Before burning any equipment pursuant to subsection (3), the department shall notify the owner of the land on which the apiary site is located.
Mont. Code Ann. § 80-11-503 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-503
80-11-503 Definitions
Status: in_force

80-11-503 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Advisory committee" means a committee created by the department under authority of 80-11-510 for the purpose of advising the department on the implementation and administration of a commodity research and market development program established in 80-11-512 .

(2) "Commercial channels" means the sale of agricultural commodities for any use when sold to:

(a) a commercial buyer, dealer, processor, or cooperative;

(b) a person, public or private, who resells any agricultural commodity or product produced from crops grown in Montana; or

(c) a first purchaser in Montana.

(3) "Commodity" means any agricultural crop, forage used by livestock, livestock, bird, fish, or value-added agricultural product that is grown or produced in or imported into Montana.

(4) "First purchaser" means a person, public or private, corporation, association, or partnership that buys, accepts for shipment, or otherwise acquires the property in or to agricultural commodities from a grower or producer. The term includes a mortgagee, pledgee, lienor, or other person, public or private, that has a claim against a grower or producer, when the actual or constructive possession of a commodity is taken as part payment or in satisfaction of a mortgage, pledge, lien, or claim.

(5) "Grower" or "producer" means a person or landowner who is personally engaged in growing or producing agricultural commodities, a tenant of the landowner who is personally engaged in growing or producing commodities, or both the landowner and the tenant jointly. The term includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and all other business units, devices, and arrangements.

(6) "Person" means a natural person, individual, firm, partnership, association, corporation, company, or organized group of persons and any trustee, receiver, assignee, or similar representative.

(7) "Sale" includes any mortgage or pledge of agricultural commodities to a person, public or private.
Mont. Code Ann. § 80-12-308 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-308
80-12-308 Validity of pledge
Status: in_force

80-12-308 . Validity of pledge. A pledge made by the authority is valid and binding from the time the pledge is made. The revenues or property pledged and thereafter received by the authority is immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. The resolution, trust indenture, or any other instrument by which a pledge is created need not be recorded.
Mont. Code Ann. § 80-10-104 — MT Code / Title 80 / Chapter 10 / Part 1 / Section 80-10-104
80-10-104 Allocation of assessment
Status: in_force

80-10-104 . Allocation of assessment. The assessment provided for in 80-10-103 must be collected by the department, and up to 1% must be retained by the department for costs of collection. The balance must be deposited in the state special revenue fund with 25% for use by the cooperative extension service and 75% for use by the agricultural experiment station in programs recommended by the fertilizer advisory committee provided for in 2-15-1516 and approved by the respective directors.
Mont. Code Ann. § 80-8-206 — MT Code / Title 80 / Chapter 8 / Part 2 / Section 80-8-206
80-8-206 Applicator's and operator's examination
Status: in_force

80-8-206 . Applicator's and operator's examination. (1) The department shall publish and distribute or have available upon request information that may be helpful to persons engaged in the application of pesticides, including information that may be required or that may appear upon any examination given to applicators and operators by the department.

(2) The department shall require an applicant for a license to show upon written examination that the person possesses adequate knowledge concerning the proper use and application of pesticides under the classification for which the person has applied, provided that the applicator and operator may not be required to take a reexamination upon renewal of licensing.
Mont. Code Ann. § 80-5-504 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-504
80-5-504 Alternative dispute resolution council
Status: in_force

80-5-504 . Alternative dispute resolution council. (1) The purpose of the alternative dispute resolution council is to conduct alternative dispute resolution, as provided in this part, on an as-needed basis when an alternative dispute resolution complaint has been filed. The council must be called into session by the director of the department or the council presiding officer to consider matters referred to the council by the director or the presiding officer.

(2) The director shall appoint an alternative dispute resolution council, upon the receipt of an alternative dispute resolution complaint, composed of five members and five alternate members. Two of the five appointed members of the alternative dispute resolution council must be Montana production growers. One member and one alternate member must be appointed upon the recommendation of each of the following:

(a) vice provost and director, Montana state university extension service;

(b) director, Montana state university agricultural experiment station;

(c) president, Montana seed trade association;

(d) president, Montana seed growers association; and

(e) director, Montana department of agriculture.

(3) An alternate member may only serve in the absence of the member for whom the person is an alternate.

(4) The council shall elect a presiding officer and a secretary from its membership. The presiding officer conducts meetings and deliberations of the council and directs all of its activities. The secretary shall keep accurate records of all meetings and deliberations and perform other duties for the council as directed by the presiding officer.
Mont. Code Ann. § 80-7-1004 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1004
80-7-1004 Invasive species account
Status: in_force

80-7-1004 . Invasive species account. (1) There is an invasive species account in the state special revenue fund. The account is administered by the department of fish, wildlife, and parks.

(2) Money transferred from any lawful source, including but not limited to fees collected pursuant to 15-65-121 , 15-72-601 , and 23-2-541 , and gifts, grants, donations, securities, or other assets, public or private, may be deposited in the account.

(3) Subject to subsection (4), money deposited in the account must be used for projects that prevent or control any nonnative, aquatic invasive species pursuant to this part.

(4) Any private contribution deposited in the account for a particular purpose, as stated by the donor, must be used exclusively for that purpose.

(5) At the end of each fiscal year, unreserved funds in the account, including any interest and earnings, must be transferred to the invasive species trust fund established in 80-7-1016 .

(6) The department of fish, wildlife, and parks may recover not more than 5% in indirect costs from the invasive species account.
Mont. Code Ann. § 80-2-104 — MT Code / Title 80 / Chapter 2 / Part 1 / Section 80-2-104
80-2-104 Powers of department -- claims and obligations -- property acquired at foreclosure
Status: in_force

80-2-104 . Powers of department -- claims and obligations -- property acquired at foreclosure. (1) The department may:

(a) collect, compromise, adjust, or cancel claims and obligations arising out of or administered under this part or under any mortgage, lease, contract, or agreement entered into or administered under this part and, if necessary, pursue them to final collection in any court having jurisdiction;

(b) bid for and purchase at any execution, foreclosure, or other sale or otherwise acquire property upon which the department has a lien by reason of a judgment or execution or that is pledged, mortgaged, or conveyed or that otherwise secures any loan or other indebtedness owing to or acquired by the department under this part;

(c) accept title to any property purchased or acquired, operate or lease the property for a period necessary to protect the investment, and sell or otherwise dispose of the property in a manner consistent with this part.

(2) The authority granted to the department in this section may be delegated to the secretary of agriculture with respect to funds or assets authorized to be administered and used by the secretary of agriculture under agreements entered into under 80-2-102 .
Mont. Code Ann. § 80-11-313 — MT Code / Title 80 / Chapter 11 / Part 3 / Section 80-11-313
80-11-313 Penalty
Status: repealed

80-11-313 . (Temporary) Penalty. In addition to the penalty specified in 80-11-312 , any person who violates or aids in a violation of any of the provisions of this part or any of the rules or orders of the department adopted under this part, upon conviction thereof, is punishable by a fine not to exceed $500. All fines collected, except fines collected by a justice's court, shall be deposited as provided in 80-11-310 . (Repealed effective July 1, 2026--sec. 6, Ch. 426, L. 2025, sec. 8, Ch. 426, L. 2025.)
Mont. Code Ann. § 80-15-405 — MT Code / Title 80 / Chapter 15 / Part 4 / Section 80-15-405
80-15-405 Emergencies
Status: in_force

80-15-405 . Emergencies. Notwithstanding any other provisions of this chapter, if the department finds that an emergency exists that requires immediate action to protect ground water from agricultural chemicals or to prevent use of ground water impaired or likely to be impaired by agricultural chemicals, the department may, without notice or hearing, issue necessary orders or adopt rules to protect public health, welfare, and safety. The duration of an emergency order or rule is limited to the emergency provisions of the Montana Administrative Procedure Act as specified in 2-4-303 .
Mont. Code Ann. § 80-8-101 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-101
80-8-101 Short title
Status: in_force

80-8-101 . Short title. This chapter may be cited as the "Montana Pesticides Act".
Mont. Code Ann. § 80-11-103 — MT Code / Title 80 / Chapter 11 / Part 1 / Section 80-11-103
80-11-103 Department's marketing duties
Status: in_force

80-11-103 . Department's marketing duties. The department shall:

(1) keep abreast of research results in the subject matter area of marketing;

(2) coordinate work with local, state, and national planning groups and other interested parties in helping them identify major problem areas and needs in marketing;

(3) develop and carry out appropriate action programs that will result in significant improvements being made by those people concerned with problems of marketing;

(4) coordinate efforts with representatives of other agencies or organizations or persons who are concerned with related programs;

(5) investigate the costs of marketing;

(6) gather and disseminate information concerning supply, demand, favorable marketing information, prevailing prices, and changes in marketing movements, practices, and rates, including common and cold storage of food products;

(7) promote, assist, and encourage the organization and operation of cooperative and other associations and organizations for improving the relations and services among producers, distributors, and consumers of food products;

(8) investigate the practice and methods concerning the marketing of agricultural products;

(9) act as mediator or arbitrator, when invited, in a controversy or issue that may arise between producers and distributors;

(10) assist producers and distributors in the economical and efficient distribution of agricultural products at fair prices;

(11) appear and be heard at any hearing involving agricultural marketing affecting Montana; and

(12) award and distribute grants from the agricultural transportation enhancement account pursuant to 80-11-105 to enhance the transportation of agricultural goods and to meet the purposes of Title 7, chapter 14, part 11.
Mont. Code Ann. § 80-7-1010 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1010
80-7-1010 Invasive species management area -- regulation
Status: in_force

80-7-1010 . Invasive species management area -- regulation. (1) The owner, operator, or person in possession of any vessel or equipment authorized for use in an invasive species management area shall comply with any regulations imposed pursuant to 80-7-1008 (3)(b) and provide proof of compliance upon request of a department or its designee.

(2) After use in a body of water within an invasive species management area, all vessels, equipment, bait containers, livewells, bilges, and other boating-related equipment, excluding marine sanitary systems, must be drained in a way that does not impact any state waters and the drain plug disengaged to drain the water before leaving the boat launch or parking area and being transported on land or a public highway, as defined in 61-1-101 , except where allowed by the department of fish, wildlife, and parks. After draining the water, the drain plug may be reengaged. If a drain plug does not exist or a drain plug cannot be disengaged to comply with this subsection, reasonable measures must be taken to dry or drain all compartments or spaces that hold water.
Mont. Code Ann. § 80-4-604 — MT Code / Title 80 / Chapter 4 / Part 6 / Section 80-4-604
80-4-604 Bonding requirement amounts -- cancellation
Status: in_force

80-4-604 . Bonding requirement amounts -- cancellation. (1) An applicant for a license to operate as a commodity dealer shall, before a license may be issued, file with the department a surety bond or its equivalent, as established by department rule, payable to the state.

(2) Except as provided in 80-4-601 (5)(b) and subsection (3) of this section:

(a) the bond for a commodity dealer may not exceed 2% of the value of the agricultural commodities purchased by the commodity dealer from the producer during the previous 12-month period;

(b) the bond for all new applicants is 2% of the estimated value of all agricultural commodities to be purchased during the coming 12-month period; and

(c) the minimum amount of bond required by any commodity dealer is $20,000 and the maximum is prescribed in 80-4-405 .

(3) (a) A commodity dealer acting as a broker and contracting or otherwise conducting business with a commodity dealer licensed in Montana shall post the minimum amount of bond pursuant to subsection (2)(c).

(b) A commodity dealer acting as a broker and contracting or otherwise conducting business with a buyer not licensed as a commodity dealer in Montana shall:

(i) post the maximum amount of bond required by 80-4-405 ; and

(ii) be held jointly liable with the buyer for failure to comply with terms of a written contract or failure to pay for a commodity purchase under an oral agreement pursuant to 80-4-612 .

(4) A surety shall notify the commodity dealer and the department by certified mail at least 60 days prior to the cancellation of the bond. A commodity dealer's bond filed with the department is continuous until canceled by the surety upon 60 days' notice; however, cancellation does not terminate any liability of the surety incurred prior to the date of cancellation.
Mont. Code Ann. § 80-12-307 — MT Code / Title 80 / Chapter 12 / Part 3 / Section 80-12-307
80-12-307 Pledge against impairment of contracts
Status: in_force

80-12-307 . Pledge against impairment of contracts. In accordance with the constitutions of the United States and the state of Montana, the state pledges that it will in no way impair the obligations of any agreement between the authority and the holders of notes and bonds issued by the authority.
Mont. Code Ann. § 80-2-208 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-208
80-2-208 Maximum insurance
Status: in_force

80-2-208 . Maximum insurance. The board may write not more than $75 of insurance on each acre of crops on nonirrigated land and not more than $114 of insurance on each acre on irrigated land, except that the board may specify different maximums for specialty crops. When more than one party desires hail insurance on the same crop, each party is entitled to the share of the maximum provided on each acre as represented by that person's interest in the crop. Any party may insure the party's share in the crop for any amount up to and including the maximum on each acre if the other parties waive their right to insure.
Mont. Code Ann. § 80-11-1005 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1005
80-11-1005 Refund of assessment
Status: in_force

80-11-1005 . Refund of assessment. (1) A producer who has paid assessments to the department may request that the department refund all or a portion of the assessment levied under the rules of the committee and paid by the producer. A refund request must be submitted in writing on an application form that is available without cost to all producers who pay assessments.

(2) The producer shall complete the refund application and return the application to the department, together with a record of the assessment collected, within 90 days after the date of the assessment or final settlement.

(3) If a refund request is not submitted to the department within the prescribed time period, the producer is presumed to have agreed to the assessment.

(4) A producer is not entitled to a refund under this section unless the refundable amount is $5 or more.
Mont. Code Ann. § 80-8-104 — MT Code / Title 80 / Chapter 8 / Part 1 / Section 80-8-104
80-8-104 Administration
Status: in_force

80-8-104 . Administration. This chapter shall be administered by the department.
Mont. Code Ann. § 80-5-136 — MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-136
80-5-136 Administration -- stop sale order -- violation -- cancellation of license -- enforcement
Status: in_force

80-5-136 . Administration -- stop sale order -- violation -- cancellation of license -- enforcement. (1) The department shall administer and enforce the provisions of this part and the rules promulgated under this part.

(2) The department may issue and enforce a written or printed stop sale order to the owner or custodian of any lot of seed that the department finds to be in violation of this chapter. The order shall prohibit further sale or movement of the seed until the department has evidence that this chapter has been complied with. Upon proper correction by reconditioning, labeling, or otherwise and when in the judgment of the department the requirements of this chapter have been met, the stop sale order must be lifted and the seed may be sold. If a violation cannot be corrected after adequate opportunity has been provided, the department may order the destruction of any lot of seed remaining in violation. An order for the destruction of a lot of seed is subject to the contested case provisions of Title 2, chapter 4, part 6.

(3) Distribution of seeds that are not legally labeled or failure to comply with this chapter or rules issued under its authority constitutes sufficient grounds for the department to cancel or deny a license to a licensee, provided that the licensee is given a reasonable opportunity to correct inadvertent and nonrecurring deficiencies.

(4) A person who violates or aids in the violation of any provision of this chapter or rules adopted under this chapter is subject to one or both of the following penalties:

(a) an administrative civil penalty of not more than $1,000 for each offense. Assessment of a penalty under this subsection (4)(a) may be made in conjunction with any other warning, order, or administrative action by the department under the authority of this part.

(b) a misdemeanor punishable by a fine of not less than $100 or more than $300 plus costs of prosecution for the first violation and not less than $500 or more than $1,000 plus costs of prosecution for each subsequent violation.

(5) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under subsection (4)(a). The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.

(6) Nothing in this part may be construed as requiring the department or its representatives to report violations of this part when it believes that the public interest will be best served by a suitable notice of warning.

(7) It is the duty of each county attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(8) The department is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this part or any rule promulgated under this part notwithstanding the existence of other remedies at law. An injunction is issued without bond.

(9) Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this part may within 30 days bring action in the district court of the county or any county where the alleged violation occurred for trial of the issues bearing upon the act.

(10) (a) Except as otherwise provided in this chapter, a political subdivision may not regulate by adopting or continuing in effect any local legislation or regulation relating to the cultivation, harvesting, production, processing, sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable seeds.

(b) Local legislation adopted or continued in violation of this section is void and unenforceable.
Mont. Code Ann. § 80-2-204 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-204
80-2-204 Duty of department -- election of benefits of law
Status: in_force

80-2-204 . Duty of department -- election of benefits of law. The department shall upon request explain the provisions of this part to each person engaged in the growing of crops subject to injury or destruction by hail. The department shall issue hail insurance policies to each person who desires to become subject to this part, to become liable for the fee provided for in this part, and to be eligible for the benefits and protection of this part. A person who elects to become subject to this part is liable for the fees for hail insurance and shall participate in the benefits and protection afforded by this part. The owners of lands worked by others under lease or contract or the lessee of land under lease or contract may make the election for hail insurance and may tender payment of the fee charged for hail insurance to the officer authorized to receive payment.
Mont. Code Ann. § 80-7-1013 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1013
80-7-1013 Emergency response
Status: in_force

80-7-1013 . Emergency response. (1) The governor may declare an invasive species emergency if:

(a) the introduction or spread of an invasive species has occurred or is imminent;

(b) a new and potentially harmful invasive species is discovered in the state and is verified by the departments; or

(c) the state is facing a potential influx of invasive species as the result of a natural disaster.

(2) If an emergency is declared pursuant to subsection (1), the governor may authorize the expenditure of funds pursuant to 10-3-312 .

(3) In the absence of necessary funding from other sources, the principal of the invasive species trust fund established in 80-7-1016 may be appropriated by a vote of three-fourths of the members of each house of the legislature to government agencies for emergency relief to eradicate or confine the new invasive species or to protect the state from an influx of invasive species due to a natural disaster.
Mont. Code Ann. § 80-5-509 — MT Code / Title 80 / Chapter 5 / Part 5 / Section 80-5-509
80-5-509 Program administration and rulemaking
Status: in_force

80-5-509 . Program administration and rulemaking. (1) The agricultural seed contract alternative dispute resolution program must be administered by the department.

(2) The department may adopt rules that are necessary for the efficient administration of this part. The rules may include but are not limited to:

(a) the content and format of the buyer's claim to alternative dispute resolution and the seller's answer;

(b) procedures for conducting investigations;

(c) a procedure for assessing costs of alternative dispute resolution to the parties; and

(d) types of seed that are exempted from the requirements of this part.
Mont. Code Ann. § 80-7-1025 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1025
80-7-1025 Missouri River containment and quarantine program
Status: in_force

80-7-1025 . Missouri River containment and quarantine program. (1) The department of fish, wildlife, and parks shall operate a containment and quarantine program for water bodies fouled by invasive mussels in the Missouri River system, including but not limited to:

(a) restrictions on moored vessels within the system;

(b) restrictions regarding the use of launch sites and the exit of vessels from fouled water bodies in the system. Launching in and exiting from fouled water bodies is restricted to vessels certified by the department of fish, wildlife, and parks for local use on those water bodies unless check stations and decontamination units are present.

(c) restrictions on fishing derbies in fouled water bodies.

(2) By December 31, 2018, the department of fish, wildlife, and parks shall develop a containment and quarantine plan for the Missouri River system, allowing for public input and comment, and submit the plan to the invasive species council established in 2-15-3309 . The plan may permit the reopening of fouled water bodies in the system to all vessels if launch site inspectors are properly trained, if the necessary infrastructure and equipment are in place and have been fully tested in advance of deployment, and if invasive species are fully contained, after decontamination, to the source water body.
Mont. Code Ann. § 80-7-506 — MT Code / Title 80 / Chapter 7 / Part 5 / Section 80-7-506
80-7-506 Rangeland control programs
Status: in_force

80-7-506 . Rangeland control programs. The department may enter into agreements with the United States department of agriculture for cooperative programs to control insect pest infestations on rangeland and to share the costs of such programs whenever funds have been appropriated and are available for that purpose.
Mont. Code Ann. § 80-4-528 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-528
80-4-528 Penalty for unlawful issue of warehouse receipts
Status: in_force

80-4-528 . Penalty for unlawful issue of warehouse receipts. A person violating any of the provisions of 80-4-527 or a designated employee knowingly permitting any agricultural commodity to be delivered contrary to the provisions of 80-4-527 is guilty of a misdemeanor and punishable as provided in 80-4-429 .
Mont. Code Ann. § 80-2-230 — MT Code / Title 80 / Chapter 2 / Part 2 / Section 80-2-230
80-2-230 Collection of fees -- release of lien -- interest
Status: in_force

80-2-230 . Collection of fees -- release of lien -- interest. (1) The department shall collect all fees imposed under this part and transfer the money collected to the state treasurer for deposit pursuant to 80-2-232 . The department shall use due diligence in collecting the fees provided for in this part.

(2) All insurance fees are payable in full on or before November 30 of each year in which the fees are imposed.

(3) When the amount due on any hail insurance secured by a lien is paid, the department shall promptly endorse on the lien the amount paid and the date of payment. The endorsement is considered a satisfaction and release of the lien.

(4) The department shall impose interest for late payments of fees imposed under this part at the rate of 2% a month or fraction of a month on the unpaid fees. The interest imposed under this subsection accrues daily on all unpaid fees from the date on which the fees were originally due.
Mont. Code Ann. § 80-11-104 — MT Code / Title 80 / Chapter 11 / Part 1 / Section 80-11-104
80-11-104 Cooperation of state agencies
Status: in_force

80-11-104 . Cooperation of state agencies. All agencies of the state which participate in marketing shall cooperate with and assist the department.
Mont. Code Ann. § 80-7-1027 — MT Code / Title 80 / Chapter 7 / Part 10 / Section 80-7-1027
80-7-1027 Terminated
Status: in_force

80-7-1027 . Terminated. Sec. 18, Ch. 348, L. 2017.
Mont. Code Ann. § 80-11-518 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-518
80-11-518 Account established -- sources -- use -- expenditures
Status: in_force

80-11-518 . Account established -- sources -- use -- expenditures. (1) There is an account in the state special revenue fund into which must be placed:

(a) the proceeds of all commodity assessments and penalties collected under this part; and

(b) the proceeds from all gifts, grants, and donations to the department for commodity research and market development received under 80-11-517 .

(2) Funds deposited in the account for a specific commodity research and market development program may be expended only for the purposes of that program.

(3) Money deposited in the account is statutorily appropriated, as provided in 17-7-502 , to the department for purposes of this part.

(4) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. Income from the investments must be credited to the account.

(5) The department may assess costs for the services that it provides to each commodity research and market development program. However, the costs assessed must be commensurate to the cost of the services provided.
Mont. Code Ann. § 80-4-530 — MT Code / Title 80 / Chapter 4 / Part 5 / Section 80-4-530
80-4-530 Shipment of stored grain to terminal grain warehouse outside state
Status: in_force

80-4-530 . Shipment of stored grain to terminal grain warehouse outside state. (1) Warehouse receipts or signed agreements from the owners of grain, on a form approved by the department and in an amount equal to the number of bushels the warehouse operator has in a terminal grain warehouse outside the state, are required for all grain shipped out of state by a warehouse operator.

(2) Warehouse receipts covering grain in terminal grain warehouses outside the state must have the words "Owner waives redelivery at point of origin of grain represented by this receipt" printed or stamped on the back.

(3) Waivers or agreements to accept terminal warehouse receipts must be signed in triplicate by the owner of the grain or the owner's agent and by an authorized representative of the warehouse, with:

(a) the original to be mailed to the department;

(b) the duplicate copy to be retained by the warehouse operator; and

(c) the triplicate copy to be given to the holder of the warehouse receipt.

(4) All grain must be held in bonded and approved terminal warehouses, fully insured for the benefit of the holder of Montana warehouse receipts.

(5) Grain held in terminal warehouses is not subject to any lien, mortgage, or encumbrance.
Mont. Code Ann. § 80-7-923 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-923
80-7-923 Injunction authorized
Status: in_force

80-7-923 . Injunction authorized. The department may commence a civil action in the district court of the first judicial district seeking appropriate relief, including a permanent or temporary injunction, for a violation of this part.
Mont. Code Ann. § 80-5-401 — MT Code / Title 80 / Chapter 5 / Part 4 / Section 80-5-401
80-5-401 Short title
Status: in_force

80-5-401 . Short title. This part may be cited as the "Seed Potato Disease Control Act".
Mont. Code Ann. § 80-11-501 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-501
80-11-501 Short title
Status: in_force

80-11-501 . Short title. This part may be cited as the "Agricultural Commodity Research and Market Development Enabling Act".
Mont. Code Ann. § 80-7-910 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-910
80-7-910 Investigation and enforcement authority
Status: in_force

80-7-910 . Investigation and enforcement authority. (1) In enforcing the provisions of this part, the department or its authorized agents, upon reasonable cause, may enter any private or public premises, property, or vehicle with a warrant or with the consent of the inhabitant or owner to inspect, sample, or investigate at reasonable times forage subject to certification or sale as certified forage or as free of noxious weed seeds.

(2) All enforcement actions and orders must be made under the contested case provisions of Title 2, chapter 4, part 6.
Mont. Code Ann. § 80-11-504 — MT Code / Title 80 / Chapter 11 / Part 5 / Section 80-11-504
80-11-504 Powers of department -- rulemaking
Status: in_force

80-11-504 . Powers of department -- rulemaking. (1) In consultation with respective commodity advisory committees, the department may:

(a) adopt commodity research and market development programs pursuant to 80-11-512 ;

(b) adopt rules necessary for the implementation and administration of this part and commodity research and market development programs;

(c) hire employees or enter into contracts or agreements for the administration of commodity research and market development programs;

(d) enter into reciprocal agreements with analogous agricultural commodity research and market development programs outside of Montana for the collection and transfer of assessments on commodities sold across state borders;

(e) conduct audits of first purchaser commodity businesses to ensure collection and payment of commodity assessments in accordance with 80-11-516 ;

(f) place stop purchase or sale orders on commodities and apply for and obtain injunctions against first purchaser commodity businesses when it is determined that the first purchaser has not been collecting and paying required commodity assessments in accordance with 80-11-516 ;

(g) provide for the enforcement of this part;

(h) provide for the conduct of marketing and research into the production and uses of agricultural commodities;

(i) enter into contracts or agreements with units of the Montana university system and other university systems and other organizations, public or private, for purposes of:

(i) improving commodity quality;

(ii) increasing the efficiency of production;

(iii) developing marketing knowledge and markets;

(iv) determining new uses for commodities;

(v) developing alternative and rotation crops; and

(vi) carrying out all research and market development contemplated by this part.

(2) In administering the provisions of this part, the department may adopt rules establishing guidelines for:

(a) the petition and hearing process regarding adoption or elimination of commodity research and market development programs as set out in 80-11-512 and 80-11-513 ;

(b) the creation of commodity advisory committees as set out in 80-11-510 ;

(c) the adoption, collection, and enforcement of commodity assessments as set out in 80-11-515 and 80-11-516 ;

(d) policies and procedures for administration of commodity research and market development programs suggested by commodity advisory committees pursuant to 80-11-511 ; and

(e) conducting or contracting for commodity research and market development projects and guidelines for procedures for entering into reciprocal agreements with analogous commodity research and market development programs outside of Montana, as contemplated in this section.
Mont. Code Ann. § 80-15-211 — MT Code / Title 80 / Chapter 15 / Part 2 / Section 80-15-211
80-15-211 General agricultural chemical ground water management plan
Status: in_force

80-15-211 . General agricultural chemical ground water management plan. The department shall develop and implement a general state agricultural chemical ground water management plan to achieve the policies of 80-15-103 . This plan must include general program elements set forth in this chapter and best management plans and best management practices. Prior to publication of the plan, the department shall provide a 30-day period for the department of environmental quality to prepare and submit comments on the plan.
Mont. Code Ann. § 80-9-205 — MT Code / Title 80 / Chapter 9 / Part 2 / Section 80-9-205
80-9-205 Prohibitions
Status: in_force

80-9-205 . Prohibitions. Subject to the penalty provisions in 80-9-303 , a person may not:

(1) manufacture or distribute any commercial feed that is adulterated or misbranded;

(2) adulterate or misbrand a commercial feed;

(3) distribute agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls that are adulterated within the meaning of subsections (1) through (11) of 80-9-204 ;

(4) remove or dispose of a commercial feed in violation of an order under 80-9-302 ;

(5) fail to register or obtain a license in accordance with 80-9-201 ;

(6) violate 80-9-304 ;

(7) fail to pay inspection fees and file reports as required by 80-9-206 ;

(8) fail to submit a complete copy of labeling or a list of feed labels as required in 80-9-201 ;

(9) submit false information on an application for licensure or registration;

(10) knowingly use commercial feed or other feeds that are adulterated to feed animals that are intended for human consumption or to produce commodities for human consumption; or

(11) fail to comply with a lawfully issued order.
Mont. Code Ann. § 80-7-913 — MT Code / Title 80 / Chapter 7 / Part 9 / Section 80-7-913
80-7-913 Creation of certification programs -- other materials
Status: in_force

80-7-913 . Creation of certification programs -- other materials. (1) The department may by rule establish certification programs for materials other than forage. Certification may include but is not limited to:

(a) noxious weed free;

(b) noxious weed and seed free; or

(c) invasive organism free.

(2) Programs established in accordance with subsection (1) must be paid for using fees or donations and may not be mandated by the department.

(3) All fees, materials, and standards for programs established in accordance with this section must be included in rules established in accordance with subsection (1).

(4) A person who falsely claims a certification created under this section is subject to penalties under 80-7-922 .

(5) To assist in implementation of a program, the department may enter into agreements with counties, the Montana state university extension service, other states, federal agencies, or other parties.
Mont. Code Ann. § 80-11-1006 — MT Code / Title 80 / Chapter 11 / Part 10 / Section 80-11-1006
80-11-1006 Pulse crop account -- sources -- use -- expenditures
Status: in_force

80-11-1006 . Pulse crop account -- sources -- use -- expenditures. (1) There is a pulse crop account in the state special revenue fund to the credit of the department for use as provided in this section.

(2) The account consists of:

(a) proceeds from assessments collected pursuant to 80-11-1004 ; and

(b) gifts, grants, and donations to the department for research authorized under this part.

(3) Money in the account must be used for the purposes of this part and is separate from all other accounts of the department.

(4) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of agriculture for use by the Montana pulse crop committee for the purposes of this part. Expenditures for administrative costs allowed under 80-11-1003 (2) must be made from temporary appropriations, as described in 17-7-501 (1) or (2), made for that purpose.

(5) The department may direct the board of investments to invest funds from the account pursuant to the provisions of the unified investment program for state funds. The income from the investments must be credited to the pulse crop account.