reglab/housing_qa huggingface dataset:
MT Code § 80-5-502 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-502. Notice of alternative dispute resolution

  80-5-502. Notice of alternative dispute resolution. A notice calling attention to the requirement for alternative dispute resolution under 80-5-501 must be included on the label required under 80-5-123, on the bulk certificate, or otherwise attached to or printed on the agricultural seed bag or package. Alternative dispute resolution may not be required unless this notice is included. A notice in the following form or equivalent language is sufficient:   NOTICE   ALTERNATIVE DISPUTE RESOLUTION REQUIRED BY STATE LAW   Under Montana agricultural seed laws, alternative dispute resolution is required as a prerequisite to maintaining a legal action based upon the failure of the agricultural seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the filing fee, when applicable, with the Director of the Department of Agriculture allowing sufficient time to permit inspection of the crops, plants, or trees by the designated agency and the seller from whom the agricultural seed was purchased. A copy of the complaint must be sent to the seller by certified mail or as otherwise provided by state law.   History: En. Sec. 2, Ch. 567, L. 2001.
MT Code § 80-5-503 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-503. Commencement of legal action -- evidence

  80-5-503. Commencement of legal action -- evidence. (1) The buyer or the seller may commence legal proceedings against the other party or assert a claim as a counterclaim or defense in an action brought by the seller or buyers after the receipt of the report of alternative dispute resolution as provided in 80-5-507.   (2) In litigation involving a complaint that has been subject to alternative dispute resolution under this part, a party may introduce the report of alternative dispute resolution as evidence of the facts found in the report. The court may give weight to the alternative dispute resolution council's findings and conclusions of law and recommendations regarding damages and costs. The court may also take into account any findings of the council with respect to the failure of a party to cooperate in the alternative dispute resolution proceedings, including findings regarding the effect that a delay in filing the alternative dispute resolution claim may have had upon the council's ability to determine the facts of the case.   History: En. Sec. 3, Ch. 567, L. 2001.
MT Code § 80-5-504 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-504. Alternative dispute resolution council

  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.   History: En. Sec. 4, Ch. 567, L. 2001.
MT Code § 80-5-505 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-505. Authority of alternative dispute resolution council -- compensation

  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.   History: En. Sec. 5, Ch. 567, L. 2001.
MT Code § 80-5-506 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-506. Alternative dispute resolution procedure

  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.   History: En. Sec. 6, Ch. 567, L. 2001.
MT Code § 80-5-507 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-507. Findings

  80-5-507. Findings. (1) The report of the alternative dispute resolution council must:   (a) include findings of fact and recommendations regarding costs, if any; and   (b) consider the written summary provided when an investigation is delegated as provided in 80-5-505.   (2) The director shall send copies of the completed report to the buyer and seller by certified mail.   History: En. Sec. 7, Ch. 567, L. 2001.
MT Code § 80-5-508 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-508. Costs of alternative dispute resolution

  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.   History: En. Sec. 8, Ch. 567, L. 2001.
MT Code § 80-5-509 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-509. Program administration and rulemaking

  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.   History: En. Sec. 9, Ch. 567, L. 2001.
MT Code § 80-5-510 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 5. Agricultural Seed Contract Alternative Dispute Resolution|80-5-510. Administration of fees

  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.   History: En. Sec. 10, Ch. 567, L. 2001; amd. Sec. 12, Ch. 426, L. 2009.
MT Code § 80-5-601 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 6. Patented Plant Material|80-5-601. Legislative findings -- purpose

  80-5-601. Legislative findings -- purpose. (1) The legislature finds that:   (a) the production of diverse agricultural crops is critical to the economic stability of Montana;   (b) Montana's agricultural companies and producers strive to operate their companies and grow their crops pursuant to generally accepted farming principles and practices;   (c) agricultural companies and producers in Montana are responsible for operating their businesses in a cooperative manner with their neighbors;   (d) the ability of Montana's growers to continue to compete in an expanding worldwide market is dependent upon access to a variety of crops that are resistant to diseases and pests;   (e) Montana's arid climate necessitates the development of types of crops that are drought-tolerant; and   (f) science has been a critical part of agriculture since its inception.   (2) The purpose of this part is to provide an orderly process to be followed when an intellectual property claim related to plants arises.   History: En. Sec. 1, Ch. 260, L. 2011.
MT Code § 80-5-602 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 6. Patented Plant Material|80-5-602. Definitions

  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.   History: En. Sec. 2, Ch. 260, L. 2011.
MT Code § 80-5-604 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 6. Patented Plant Material|80-5-604. Mediation required before judicial action

  80-5-604. Mediation required before judicial action. (1) Except as provided in subsection (8), a claimant shall seek mediation before seeking judicial relief regarding a claim that a grower has planted, grown, or retained seed or any plant part from a protected plant in violation of the intellectual property rights of another person.   (2) The claimant shall notify the grower by certified mail and shall also advise the department of the intellectual property claim.   (3) (a) A mediator chosen pursuant to this section must:   (i) be selected and agreed upon by the claimant and the grower;   (ii) be an attorney; and   (iii) possess the necessary skills and qualifications to be a mediator.   (b) Preference must be given to attorneys with experience in intellectual property claims.   (4) (a) The department shall maintain a list of qualified mediators willing to perform mediation under this part. Both parties to an action may suggest names of a mediator as soon as the grower and the department are notified of the claim. The parties are not limited to using mediators from the department's list.   (b) The parties shall exercise good faith and diligence in selection of the mediator. If the parties exercise good faith and diligence and are unable to agree upon a mediator within 90 days of notice to the grower, either party may seek judicial relief.   (5) (a) The selected mediator shall schedule mediation to begin within 30 days at a location agreeable to both parties. The parties shall conclude mediation within 30 days of commencement of mediation unless the parties agree to a longer mediation period.   (b) The parties shall share equally in the costs of the mediator and mediation unless a different cost-sharing arrangement is agreed to by the parties.   (6) A mediation that results in agreement between the claimant and the grower must be documented by the mediator and signed by an authorized representative of each party. The mediator shall retain an original copy of the signed agreement. The agreement is binding upon the claimant and the grower.   (7) The deliberations and the outcome of the mediation may not be made public unless agreed to by the grower and the claimant.   (8) The requirement for mediation does not apply to a claimant seeking judicial relief to conduct sampling pursuant to 80-5-603 and may not be used to delay the ability of a claimant or grower to obtain samples. An action filed to secure evidence following a grower's refusal to allow entry does not violate the mediation requirements of this section.   History: En. Sec. 4, Ch. 260, L. 2011.
MT Code § 80-5-605 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 6. Patented Plant Material|80-5-605. Venue

  80-5-605. Venue. If a contract between a grower and a claimant of an intellectual property right violation is silent with regard to venue for any legal proceedings regarding intellectual property rights, venue must be in the district court for the district in which the alleged intellectual property right violation occurred.   History: En. Sec. 5, Ch. 260, L. 2011.
MT Code § 80-5-606 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 5. Agricultural Seed and Patented Plant Material|Part 6. Patented Plant Material|80-5-606. Rulemaking

  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.   History: En. Sec. 6, Ch. 260, L. 2011.
MT Code § 80-6-103 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 6. Apiculture|Part 1. Registration -- Apis Bees|80-6-103. Changing locations -- transfer of apiary sites

  80-6-103. Changing locations -- transfer of apiary sites. (1) An owner of a registered apiary site may not change the location of the apiary site without first receiving authorization from the department to establish the new apiary site if the apiary site is outside the currently registered quarter section. In making the application, the owner shall specify the location of the apiary site with the same particularity as in the application for original registration.   (2) If the new apiary site is not used within 60 days after a new certificate of registration is issued, the certificate of registration lapses and all rights under the registration terminate.   (3) A registered apiary site may be transferred subject to parts 1 through 3 of this chapter if all bees and equipment on the apiary site are sold to the transferee.   History: En. 3-3104 by Sec. 131, Ch. 218, L. 1974; amd. Sec. 3, Ch. 25, L. 1977; R.C.M. 1947, 3-3104; amd. Sec. 8, Ch. 125, L. 1981; amd. Sec. 2591, Ch. 56, L. 2009; amd. Sec. 4, Ch. 468, L. 2009.
MT Code § 80-6-104 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 6. Apiculture|Part 1. Registration -- Apis Bees|80-6-104. Apiaries -- termination of rights -- abandonment

  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.   History: En. 3-3105 by Sec. 132, Ch. 218, L. 1974; amd. Sec. 4, Ch. 25, L. 1977; R.C.M. 1947, 3-3105; amd. Sec. 3, Ch. 198, L. 1987; amd. Sec. 2592, Ch. 56, L. 2009; amd. Sec. 5, Ch. 468, L. 2009.
MT Code § 80-6-105 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 6. Apiculture|Part 1. Registration -- Apis Bees|80-6-105. Repealed

  80-6-105. Repealed. Sec. 14, Ch. 468, L. 2009.   History: En. Sec. 4, Ch. 79, L. 1947; amd. Sec. 1, Ch. 175, L. 1973; amd. Sec. 4, Ch. 475, L. 1973; Sec. 82-808, R.C.M. 1947; amd. and redes. 3-3106 by Sec. 133, Ch. 218, L. 1974; amd. Sec. 5, Ch. 25, L. 1977; R.C.M. 1947, 3-3106; amd. Sec. 2, Ch. 300, L. 1979; amd. Sec. 4, Ch. 198, L. 1987; amd. Sec. 2, Ch. 491, L. 1993; amd. Sec. 3, Ch. 11, L. 2003.
MT Code § 80-6-106 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 6. Apiculture|Part 1. Registration -- Apis Bees|80-6-106. Application fee

  80-6-106. Application fee. (1) At the time a new application to register an apiary site is submitted to the department by an owner or applicant not currently registered in the department's apiary database, the owner or applicant shall pay an application fee. Except as provided in subsection (2), the fee may not be less than $10 or more than $100.   (2) From July 1, 2019, to June 30, 2021, the department may not charge an owner or applicant who is a hobbyist beekeeper and is not registered in the department's apiary database a hobbyist apiary site application fee in excess of $19.   (3) Except as provided in subsection (2), the department may adjust the fee by rule to maintain adequate funding for this part.   History: En. Sec. 1, Ch. 468, L. 2009; amd. Sec. 2, Ch. 379, L. 2019.
MT Code § 80-6-107 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 6. Apiculture|Part 1. Registration -- Apis Bees|80-6-107. through 80-6-110 reserved

  80-6-107 through 80-6-110 reserved.