reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 5. Agricultural Commodity Warehouse Operators › 80-4-539. Inspection by department

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.
History: En. Sec. 46, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2588, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-602. License fees

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.
History: En. Sec. 48, Ch. 539, L. 1983; amd. Sec. 5, Ch. 620, L. 1987; amd. Sec. 11, Ch. 452, L. 1993; amd. Sec. 9, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-603. License issuance -- renewal -- expiration

80-4-603. License issuance -- renewal -- expiration.
(1) The department shall issue a license when the applicant has filed the application and complied with the terms and conditions of this part and the rules of the department.
(2) A commodity dealer's license may be renewed annually by submitting all required licensing documents.
(3) A commodity dealer's license that has expired may be reinstated by the department upon receipt of all licensing documents required and a penalty fee in the amount of $50 if the document is filed within 30 days from the date of expiration of the commodity dealer's license. At no time during the 30-day period or thereafter may the person act as a commodity dealer. All license applications received after the 30-day penalty period must be considered original applications.
(4) A commodity dealer's license is not transferable.
(5) Any partnership with a partner or any corporation that has an officer, director, or majority stockholder owning at least 10% of issued stock who has had a license revoked under this part or the United States Warehouse Act is subject to the provisions of 80-4-421.
History: En. Sec. 49, Ch. 539, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-604. Bonding requirement amounts -- cancellation

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.
History: En. Sec. 50, Ch. 539, L. 1983; amd. Sec. 6, Ch. 578, L. 1985; amd. Sec. 6, Ch. 299, L. 1991; amd. Sec. 12, Ch. 452, L. 1993; amd. Sec. 8, Ch. 175, L. 2011; amd. Sec. 4, Ch. 302, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-605. Posting of license

80-4-605. Posting of license.
The commodity dealer's license must be posted in a conspicuous location at the dealer's place of business. A duplicate commodity dealer's license must be posted at each location at which records are maintained for transactions of the commodity dealer and also within each truck operated by the dealer in the state.
History: En. Sec. 51, Ch. 539, L. 1983; amd. Sec. 2589, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-606. Inspection of premises, books, and records

80-4-606. Inspection of premises, books, and records.
(1) The department may at any reasonable time inspect the premises and records of any commodity dealer used in the conduct of the commodity dealer's business. A commodity dealer shall, upon request of the director, furnish to the department at any reasonable time and place all books, accounts, records, and papers relating to agricultural commodity transactions within the state, including those pertaining to the collecting, reporting, and paying of authorized assessments pursuant to Title 80, chapter 4 or 11.
(2) A commodity dealer shall retain and maintain the records provided for in subsection (1) for a period of 5 years from the date of the transaction.
(3) If there exists good cause to believe that a person is doing business as a commodity dealer without a license, the department may inspect the books, papers, and records of the person that pertain to agricultural commodity purchases.
History: En. Sec. 52, Ch. 539, L. 1983; amd. Sec. 2, Ch. 131, L. 2005.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-607. Insufficient checks -- prohibition

80-4-607. Insufficient checks -- prohibition.
No person engaged in business as a commodity dealer may draw or deliver any check, draft, or order for payment of money upon any bank for the purchase of agricultural commodities when at the time of drawing or delivery the maker or drawer does not have sufficient funds or has failed to arrange for credit with the bank or depository for payment in full upon presentation of the check, draft, or order for payment of money. The word "credit" as used in this section means an arrangement or understanding with the bank or depository for payment of the check, draft, or order.
History: En. Sec. 53, Ch. 539, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-608. Payment of purchase price -- definitions

80-4-608. Payment of purchase price -- definitions.
(1) A person required to be licensed as a commodity dealer shall pay 90% of the purchase price to the owner or the owner's agent for agricultural commodities upon delivery and demand by the owner or agent and the remaining 10% not later than 30 days after delivery by the owner or agent unless otherwise agreed to in writing by the parties. Title to agricultural commodities sold to a commodity dealer under this section transfers to the commodity dealer upon physical delivery of the commodity.
(2) As used in this section, the following definitions apply:
(a) "Delivery" means the transfer by the seller of title to and possession of agricultural commodities to the commodity dealer or to another person in accordance with the agreement between the seller and the commodity dealer.
(b) "Payment" means the actual payment or tender of payment of the agreed purchase price by the commodity dealer to the seller.
History: En. Sec. 54, Ch. 539, L. 1983; amd. Sec. 13, Ch. 452, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-612. Commodity dealer defaults -- remedies

80-4-612. Commodity dealer defaults -- remedies.
(1) If the department finds that a commodity dealer has failed to comply with the terms of a written contract or has failed to pay for a commodity purchase under an oral agreement in the manner and within the time provided in 80-4-608, the department may petition the district court of the first judicial district, Lewis and Clark County, for an order authorizing the department to seize and take possession of:
(a) any agricultural commodities in the facilities owned, operated, or controlled by the commodity dealer;
(b) all books, papers, and property used in connection with the operation of the commodity dealer business; and
(c) any material that pertains in any way to that business.
(2) If during or after an audit or at any other time the department has evidence that the commodity dealer is insolvent or is unable to satisfy the claims of all commodity dealer creditors covered by the bond, the department may petition the district court of the first judicial district, Lewis and Clark County, for the appointment of the department to operate or liquidate the business of the commodity dealer.
(3) All necessary expenses incurred by the department in carrying out the provisions of this part may be recovered at the discretion of the department from:
(a) the bond;
(b) the assets of the licensee;
(c) the agricultural commodities delivered for purchase but not yet paid for; or
(d) in a separate civil action brought by the department in the first judicial district court.
(4) The department is authorized to include as part of the recoverable expenses the cost of adequate liability insurance necessary to protect the department, its officers, and others engaged in carrying out the provisions of this part.
History: En. Sec. 7, Ch. 299, L. 1991; amd. Sec. 14, Ch. 452, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-613. Records

80-4-613. Records.
(1) A commodity dealer shall provide evidence of delivery, such as scale tickets, for all agricultural commodities purchased from a producer.
(2) A commodity dealer shall keep daily position records or their equivalent showing purchases, deliveries, or payments to producers.
History: En. Sec. 8, Ch. 299, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 6. Agricultural Commodity Dealers › 80-4-614. Claims on bond by injured person

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.
History: En. Sec. 9, Ch. 299, L. 1991.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-701. Official agricultural commodity inspectors, samplers, and weighers -- designation of seasonal inspection points -- assignment of inspectors

80-4-701. Official agricultural commodity inspectors, samplers, and weighers -- designation of seasonal inspection points -- assignment of inspectors.
(1) The department shall provide inspectors, samplers, and weighers to enforce this part. At all inspection points designated by the department, the department shall provide sufficient official agricultural commodity inspectors, samplers, and weighers to inspect and weigh all agricultural commodities subject to state inspection.
(2) The department may, during the grain-marketing season, appoint inspectors to visit the grain-growing districts to investigate the grading, dockage, and weighing of grain and to enforce the rules of the department.
(3) Expenditures for the inspection and weighing at the points designated by the department may not exceed total fee receipts at those points.
History: En. Sec. 55, Ch. 539, L. 1983; amd. Sec. 10, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-702. Qualifications of official agricultural commodity inspectors, samplers, and weighers

80-4-702. Qualifications of official agricultural commodity inspectors, samplers, and weighers.
Official agricultural commodity inspectors, samplers, and weighers must be qualified in accordance with the Grain Standards Act. Official agricultural commodity inspectors, samplers, and weighers may not be directly or indirectly interested in the handling, sorting, shipping, purchasing, or selling of agricultural commodities, grain, or grain commodities.
History: En. Sec. 56, Ch. 539, L. 1983; amd. Sec. 11, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-703. Penalty for misconduct

80-4-703. Penalty for misconduct.
(1) An official agricultural commodity inspector, sampler, or weigher who is guilty of neglect of duty, who knowingly or carelessly inspects, samples, or weighs agricultural commodities improperly, or who directly or indirectly accepts any money or other consideration for neglect of duty or improper performance of duty is guilty of official misconduct and is punishable as provided in 45-7-401.
(2) A person who improperly influences or attempts to improperly influence an official agricultural commodity inspector, sampler, or weigher in the performance of the inspector's, sampler's, or weigher's duties is guilty of bribery and is punishable as provided in 45-7-101.
(3) Upon conviction of an offense described in subsection (1), an official agricultural commodity inspector, sampler, or weigher must be removed by the department pursuant to procedures established by department rule.
History: En. Sec. 57, Ch. 539, L. 1983; amd. Sec. 12, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-704. Establishment of standard agricultural commodity grades

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.
History: En. Sec. 58, Ch. 539, L. 1983; amd. Sec. 13, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-705. Rules governing dockage -- sample inspection

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.
History: En. Sec. 59, Ch. 539, L. 1983; amd. Sec. 14, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-706. Special inspection of agricultural commodities

80-4-706. Special inspection of agricultural commodities.
(1) If agricultural commodities are sold based on Montana grade and are to be shipped from places not provided with state inspection, the buyer, seller, or person making the delivery may have the agricultural commodities inspected by notifying an inspector, who shall have them inspected. After inspection, the inspector shall issue, on request of the buyer, seller, or person delivering the agricultural commodity, an inspector's certificate showing the grade of the agricultural commodity. The person calling for the inspection shall pay a reasonable fee fixed by department rule.
(2) An agricultural commodity that is shipped to points in this state where no inspection is maintained may be inspected on request of either the buyer or seller, and a certificate may be issued showing the grade of the agricultural commodity. The charge for the service must at least equal the entire cost of providing it and must be paid by the party calling for the inspection.
History: En. Sec. 60, Ch. 539, L. 1983; amd. Sec. 15, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-708. Examination of agricultural commodity cars or trucks at destination

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.
History: En. Sec. 62, Ch. 539, L. 1983; amd. Sec. 16, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-709. Protein testing laboratory

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.
History: En. Sec. 63, Ch. 539, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-710. Repealed

80-4-710. Repealed.
Sec. 22, Ch. 76, L. 1997.
History: En. Sec. 64, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-721. Fees for inspection, testing, and weighing agricultural commodities -- disposition -- investment

80-4-721. Fees for inspection, testing, and weighing agricultural commodities -- disposition -- investment.
(1) The department shall by rule fix the fees for inspection, testing, and weighing of agricultural commodities.
(2) All fees and other charges fixed by rule, including fees for the inspection, grading, weighing, and protein testing of agricultural commodities, must reflect as nearly as possible the actual cost of the services.
(3) All fees and charges must be paid to the department and deposited with the state treasurer. The state treasurer shall place all money in the state special revenue fund. Fees deposited in the state special revenue fund must be used to pay approved claims for expenses incurred in inspecting, grading, weighing, and protein testing of agricultural commodities.
(4) The department may direct the board of investments to invest funds from the state special revenue fund pursuant to the provisions of the unified investment program for state funds. The income from the investments must be credited to the proper department account in the state special revenue fund.
(5) All fees collected under this part must be expended for the purposes of this part as provided in Article XII, section 1, of the Montana constitution.
History: En. Sec. 65, Ch. 539, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 2, Ch. 297, L. 1989; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 17, Ch. 76, L. 1997; amd. Sec. 2, Ch. 445, L. 2003.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-722. Records of inspection

80-4-722. Records of inspection.
(1) The official agricultural commodity inspectors, samplers, and weighers have exclusive control at places provided for state inspection of the weighing and grading of agricultural commodities to be inspected. Suitable books and records must be kept in which must be entered an accurate record of every carload or truckload of agricultural commodities inspected or weighed by them. The records must show for each car or truck:
(a) the number or other designation of the car or truck;
(b) the net weight of the agricultural commodity;
(c) the kind of agricultural commodity and its grade and, if graded below standard No. 1 grade, the reason for the grade.
(2) For each carload or truckload of agricultural commodities, the official agricultural commodity inspector shall give a certificate of inspection, showing the kind and grade of the agricultural commodity, the reason for all grades below No. 1, and the amount to be allowed for dockage, if any. For each carload or truckload weighed, the weigher shall give a weight certificate showing the true weight and containing a statement on the condition of the car or truck and evidences of leakage or damage, if any.
(3) The inspection and weight certificates must be made available to the warehouse loading or unloading the agricultural commodity, the shipper or the shipper's agent, and the railroad company or other carrier by which the agricultural commodity was shipped or carried.
(4) Official agricultural commodity inspectors and weighers shall also keep an accurate record of all appeals and decisions and a complete record of every official act, which books and records must be open to inspection by any party of interest.
History: En. Sec. 66, Ch. 539, L. 1983; amd. Sec. 18, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-723. Repealed

80-4-723. Repealed.
Sec. 22, Ch. 76, L. 1997.
History: En. Sec. 67, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-724. Coloration of agricultural commodities treated with injurious or toxic substances -- exception

80-4-724. Coloration of agricultural commodities treated with injurious or toxic substances -- exception.
(1) Any agricultural commodity treated with any injurious or toxic substance or chemical must at the same time be colored or dyed a color contrasting with the natural color of the agricultural commodity so that the treated agricultural commodity is readily identifiable as having been treated with an injurious or toxic substance or chemical. This subsection does not apply to the application of pesticides to agricultural commodities according to label directions for the treatment of pests that might be present in the agricultural commodity.
(2) A person who fails to comply with the requirements of this section is subject to the penalty provisions of 80-4-429.
History: En. Sec. 68, Ch. 539, L. 1983; amd. Sec. 19, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-725. Sale or offering for sale of treated product prohibited

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.
History: En. Sec. 69, Ch. 539, L. 1983; amd. Sec. 20, Ch. 76, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 4. Agricultural Commodities › Part 7. Inspection and Grading › 80-4-726. Copies of grades and rules to be furnished and displayed by warehouse operators

80-4-726. Copies of grades and rules to be furnished and displayed by warehouse operators.
(1) The department shall, immediately after the adoption of rules establishing grades fixing dockage, supply all warehouse operators with a copy of the grades and rules. A warehouse operator shall keep a copy on file in a convenient place in each warehouse. If an office is maintained in connection with the warehouse, a copy of the grades and rules shall be kept on file in the office. A placard notice must be posted in a conspicuous place in every warehouse and office, reading "A copy of Montana grades and rules is on file here for information of interested parties".
(2) A warehouse operator shall exhibit a copy of the grades and rules to any interested party at any warehouse or office and permit the interested party to examine the copy.
History: En. Sec. 70, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-101. Repealed

80-5-101. Repealed.
Sec. 19, Ch. 373, L. 1987.
History: En. Sec. 1, Ch. 361, L. 1969; amd. Sec. 1, Ch. 390, L. 1973; R.C.M. 1947, 3-802.1; amd. Sec. 1, Ch. 464, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-102. Repealed

80-5-102. Repealed.
Sec. 16, Ch. 345, L. 1999.
History: En. Sec. 2, Ch. 361, L. 1969; amd. Sec. 2, Ch. 390, L. 1973; amd. Sec. 10, Ch. 13, L. 1977; R.C.M. 1947, 3-802.2(1); amd. Sec. 2, Ch. 464, L. 1983; amd. Sec. 2, Ch. 373, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-104. Repealed

80-5-104. Repealed.
Sec. 16, Ch. 345, L. 1999.
History: En. Sec. 3, Ch. 361, L. 1969; R.C.M. 1947, 3-802.3; amd. Sec. 3, Ch. 464, L. 1983; amd. Sec. 4, Ch. 373, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-106. Repealed

80-5-106. Repealed.
Sec. 19, Ch. 373, L. 1987.
History: En. Sec. 5, Ch. 361, L. 1969; Sec. 3-821, R.C.M. 1947; amd. and redes. 3-802.5 by Sec. 46, Ch. 218, L. 1974; R.C.M. 1947, 3-802.5.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-107. Repealed

80-5-107. Repealed.
Sec. 16, Ch. 345, L. 1999.
History: En. Sec. 3, Ch. 12, L. 1913; re-en. Sec. 3595, R.C.M. 1921; re-en. Sec. 3595, R.C.M. 1935; amd. Sec. 4, Ch. 88, L. 1939; amd. Sec. 6, Ch. 361, L. 1969; R.C.M. 1947, 3-803; amd. Sec. 4, Ch. 464, L. 1983; amd. Sec. 6, Ch. 373, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-112. Repealed

80-5-112. Repealed.
Sec. 16, Ch. 345, L. 1999.
History: En. Sec. 5, Ch. 12, L. 1913; re-en. Sec. 3597, R.C.M. 1921; re-en. Sec. 3597, R.C.M. 1935; amd. Sec. 6, Ch. 88, L. 1939; amd. Sec. 3, Ch. 155, L. 1951; amd. Sec. 42, Ch. 218, L. 1974; amd. Sec. 13, Ch. 13, L. 1977; R.C.M. 1947, 3-805(2); amd. Sec. 5, Ch. 464, L. 1983; amd. Sec. 11, Ch. 373, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-113. Repealed

80-5-113. Repealed.
Sec. 16, Ch. 345, L. 1999.
History: En. Sec. 4, Ch. 12, L. 1913; re-en. Sec. 3596, R.C.M. 1921; amd. Sec. 2, Ch. 110, L. 1929; re-en. Sec. 3596, R.C.M. 1935; amd. Sec. 5, Ch. 88, L. 1939; amd. Sec. 3, Ch. 390, L. 1973; amd. Sec. 12, Ch. 13, L. 1977; R.C.M. 1947, 3-804; amd. Sec. 12, Ch. 373, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-123. Label requirements for agricultural, vegetable, flower, and indigenous seeds

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.
History: En. Sec. 11, Ch. 345, L. 1999; amd. Sec. 12, Ch. 567, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-124. Exemptions

80-5-124. Exemptions.
(1) The labeling requirements in 80-5-123 and the prohibitions in 80-5-134 do not apply to:
(a) seed or grain that is not intended for sowing purposes;
(b) seed in storage in or being transported or consigned to a cleaning or processing establishment for cleaning or processing if:
(i) the invoice or labeling accompanying that seed bears the statement "seeds for processing"; and
(ii) any labeling or representation made with respect to the uncleaned or unprocessed seed is subject to this chapter; and
(c) a carrier in respect to seed transported or delivered for transportation in the ordinary course of its business as a carrier, as long as the carrier is not engaged in producing, processing, or marketing seed that is subject to the provisions of this chapter.
(2) A person is not subject to the penalties in 80-5-136 for selling or offering for sale seeds subject to the provisions of this chapter that were incorrectly labeled or represented as to kind, species and subspecies (if appropriate), variety, type, origin, elevation, or year of collection (if required) when the seed cannot be identified by examination, unless the person has failed to obtain an invoice, genuine grower declaration, or other labeling information and has failed to take reasonable precautions to ensure the identity of the seeds. A genuine grower declaration of variety is considered an affirmation that the grower holds records of proof regarding parent seed, such as invoices and labels.
History: En. Sec. 14, Ch. 345, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-125. Exchange of seed between labelers

80-5-125. Exchange of seed between labelers.
(1) When seed is exchanged or transferred from one seed labeler to another, it shall be accompanied by a shipping document which clearly shows the kind(s) of seed and quantity of each kind. Each container of seed in a lot shall carry a lot number designation.
(2) While seed is in the possession of a licensed seed labeler, it must carry a lot number on each container at all times. When seed is made available for sale or sold, a complete label must be attached to each container of a lot.
History: En. Sec. 2, Ch. 361, L. 1969; amd. Sec. 2, Ch. 390, L. 1973; amd. Sec. 10, Ch. 13, L. 1977; R.C.M. 1947, 3-802.2(2); amd. Sec. 3, Ch. 373, L. 1987; Sec. 80-5-103, MCA 1997; redes. 80-5-125 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-126. Analysis by seed laboratory -- reports

80-5-126. Analysis by seed laboratory -- reports.
The seed laboratory of the agricultural experiment station shall analyze and test seeds sold or offered or exposed for sale in this state at a time and place and to the extent the director of the agricultural experiment station determines. The laboratory shall report to the department all violations as they appear. It may also annually before September 1 make a report to the department of all tests made and the results, which may be published by the department.
History: En. Sec. 5, Ch. 12, L. 1913; re-en. Sec. 3597, R.C.M. 1921; re-en. Sec. 3597, R.C.M. 1935; amd. Sec. 6, Ch. 88, L. 1939; amd. Sec. 3, Ch. 155, L. 1951; amd. Sec. 42, Ch. 218, L. 1974; amd. Sec. 13, Ch. 13, L. 1977; R.C.M. 1947, 3-805(1); amd. Sec. 7, Ch. 373, L. 1987; Sec. 80-5-108, MCA 1997; redes. 80-5-126 by Code Commissioner, 1999; amd. Sec. 3, Ch. 300, L. 2011.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-127. Testing of submitted samples

80-5-127. Testing of submitted samples.
The seed laboratory shall analyze any official seed samples taken from seed lots offered for sale in the state or submitted by the department, using methods such as those established under the Federal Seed Act and the procedural guidelines developed by the association of official seed analysts.
History: En. 3-806.1 by Sec. 4, Ch. 390, L. 1973; R.C.M. 1947, 3-806.1; amd. Sec. 8, Ch. 373, L. 1987; Sec. 80-5-109, MCA 1997; redes. 80-5-127 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-128. Laboratory testing of samples -- fees

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.
History: En. Sec. 7, Ch. 12, L. 1913; re-en. Sec. 3599, R.C.M. 1921; re-en. Sec. 3599, R.C.M. 1935; amd. Sec. 2, Ch. 192, L. 1937; amd. Sec. 8, Ch. 88, L. 1939; amd. Sec. 1, Ch. 85, L. 1949; amd. Sec. 4, Ch. 155, L. 1951; amd. Sec. 5, Ch. 390, L. 1973; amd. Sec. 14, Ch. 13, L. 1977; R.C.M. 1947, 3-807; amd. Sec. 9, Ch. 373, L. 1987; amd. Sec. 2, Ch. 345, L. 1999; Sec. 80-5-110, MCA 1997; redes. 80-5-128 by Code Commissioner, 1999; amd. Sec. 4, Ch. 300, L. 2011.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-129. Certificate of test presumptive evidence

80-5-129. Certificate of test presumptive evidence.
The certificate of the seed laboratory, giving results of any examinations, analyses, or tests of any seed samples made under the authority of the department, is presumptive evidence of the correctness of the facts stated in it.
History: En. Sec. 8, Ch. 12, L. 1913; re-en. Sec. 3600, R.C.M. 1921; re-en. Sec. 3600, R.C.M. 1935; amd. Sec. 9, Ch. 88, L. 1939; amd. Sec. 6, Ch. 390, L. 1973; R.C.M. 1947, 3-808; amd. Sec. 10, Ch. 373, L. 1987; Sec. 80-5-111, MCA 1997; redes. 80-5-129 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-131. Assessment on sales into Montana -- reporting -- rulemaking

80-5-131. Assessment on sales into Montana -- reporting -- rulemaking.
(1) Except as provided in this subsection, seed labelers located outside Montana who sell agricultural seed in Montana shall report those sales and pay a fee of 20 cents per $100 in gross annual sales of agricultural seed. The department may by rule adjust the assessment fee to maintain adequate funding for the administration of this part. The assessment fee may not be less than 20 cents per $100 or more than 30 cents per $100 in gross annual sales of agricultural seed. Fees must be paid only if they total more than $5 in a reporting period.
(2) The department shall by rule establish:
(a) reporting requirements, including persons who shall report, the form of reports, the reporting period, and the scope of information to be reported;
(b) the due date applicable to reports; and
(c) penalty provisions applicable to reports that are not received by the due date, not to exceed $25 or 10% of the assessment due, whichever is greater.
(3) Failure to submit the report as required or to pay the assessment in full constitutes a violation subject to the penalty provisions of this chapter.
History: En. Sec. 13, Ch. 345, L. 1999; amd. Sec. 2, Ch. 263, L. 2003; amd. Sec. 2, Ch. 339, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-132. Deposit of funds -- seed account

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.
History: En. Sec. 8, Ch. 442, L. 1973; R.C.M. 1947, 3-317; amd. Sec. 2, Ch. 602, L. 1993; amd. Sec. 8, Ch. 345, L. 1999; Sec. 80-5-208, MCA 1997; redes 80-5-132 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-133. Inspection

80-5-133. Inspection.
Consistent with the responsibilities of this chapter, authorized representatives of the department, upon presentation of department-issued credentials, may enter, at reasonable times or under emergency conditions, any public or private premises, including any vehicle of transport. The department may inspect or investigate, obtain samples, examine seeds and labels, inspect equipment, and review and copy records relating to distribution of seed or licensing requirements in Montana. Upon request, the department shall pay the current market value for each seed sample.
History: En. Sec. 17, Ch. 373, L. 1987; amd. Sec. 4, Ch. 345, L. 1999; Sec. 80-5-121, MCA 1997; redes. 80-5-133 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-135. Screenings -- restrictions on movements

80-5-135. Screenings -- restrictions on movements.
All screenings, whether from seed conditioning plants or other sources, represent both a valuable and potentially hazardous product. Their movements are restricted as follows:
(1) The viability of prohibited noxious weed seed as defined in 80-5-120 shall be destroyed before screenings are utilized in feed or in any other way in which they may propagate their kind. However, if these screenings are sold for feed, it shall be the responsibility of the feed buyer to haul under a tarp cover or other tight container until the provisions of this part are met.
(2) The department may adopt rules to restrict or exempt from restriction the holding and movement of screenings when the public interest is served by so doing.
History: En. Sec. 3, Ch. 442, L. 1973; R.C.M. 1947, 3-312; amd. Sec. 9, Ch. 464, L. 1983; amd. Sec. 14, Ch. 373, L. 1987; Sec. 80-5-204, MCA 1997; redes. 80-5-135 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-137. Cooperation and agreements

80-5-137. Cooperation and agreements.
The department may cooperate with and enter into agreements with other governmental agencies, universities, and private entities to carry out the provisions of this part.
History: En. Sec. 12, Ch. 345, L. 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-138. Publication of reports

80-5-138. Publication of reports.
The department may publish the names and addresses of persons licensed under this chapter.
History: En. Sec. 18, Ch. 373, L. 1987; Sec. 80-5-122, MCA 1997; redes. 80-5-138 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-139. Rules -- promulgated by department

80-5-139. Rules -- promulgated by department.
(1) The department is authorized to promulgate necessary rules as authorized by this part. All rules are to be promulgated in accordance with procedures as set forth in the Montana Administrative Procedure Act.
(2) Rules may address but are not limited to the following subjects:
(a) designation of kinds of seed as agricultural, vegetable, flower, or indigenous;
(b) designation of kinds of seed that must be labeled as to variety name;
(c) designation of kinds and varieties of flower seeds that may be labeled according to type and performance characteristics;
(d) standards for determining and stating pure live seed, germination, or viability;
(e) plants to be designated as weeds, restricted weeds, and prohibited weeds and standards for allowing weeds and restricted weeds in seeds;
(f) procedures for implementing the administrative provisions of 80-5-136;
(g) procedures for implementing and administering civil penalties, including establishing 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 80-5-136;
(h) procedures for submitting applications for licensing and establishing the period for which licenses are issued under 80-5-130;
(i) minimum standards for equipment and handling procedures for facilities that require licensing, including sellers and distributors of agricultural seed, seed labelers, and conditioning plants;
(j) standards that restrict or exempt from restriction the holding and movement of screenings, when in the public interest; and
(k) recordkeeping requirements for persons who handle agricultural, vegetable, flower, or indigenous seeds, including file samples of seed for each lot handled for a period of time up to 2 years.
History: En. Sec. 6, Ch. 442, L. 1973; R.C.M. 1947, 3-315; amd. Sec. 8, Ch. 20, L. 1979; amd. Sec. 6, Ch. 345, L. 1999; Sec. 80-5-206, MCA 1997; redes. 80-5-139 by Code Commissioner, 1999; amd. Sec. 5, Ch. 300, L. 2011.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-140. Application of sections

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.
History: En. Sec. 1, Ch. 11, L. 1951; amd. Sec. 43, Ch. 218, L. 1974; R.C.M. 1947, 3-809; amd. Sec. 9, Ch. 345, L. 1999; Sec. 80-5-301, MCA 1997; redes. 80-5-140 by Code Commissioner, 1999.