MT Code § 80-5-130 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 1. Seed Labeling -- Licensing -- Certification|80-5-130. Licensing -- application -- fee

  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.   History: En. Sec. 2, Ch. 442, L. 1973; amd. Sec. 2, Ch. 315, L. 1977; R.C.M. 1947, 3-311; amd. Sec. 7, Ch. 20, L. 1979; amd. Sec. 7, Ch. 464, L. 1983; amd. Sec. 73, Ch. 539, L. 1983; amd. Sec. 13, Ch. 373, L. 1987; amd. Sec. 2, Ch. 446, L. 1989; amd. Sec. 5, Ch. 345, L. 1999; Sec. 80-5-202, MCA 1997; redes. 80-5-130 by Code Commissioner, 1999; amd. Sec. 1, Ch. 263, L. 2003; amd. Sec. 1, Ch. 122, L. 2021.