reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 1. Seed Labeling -- Licensing -- Certification › 80-5-141. Rules by Montana state university-Bozeman -- certification agencies

80-5-141. Rules by Montana state university-Bozeman -- certification agencies.
Every person, firm, association, or corporation subject to the provisions of 80-5-140 through 80-5-144 shall observe, perform, or comply with all rules and standards for seed certification established or specified by Montana state university-Bozeman, hereafter referred to as the university, as to what crops grown or to be grown in Montana shall be eligible for certification hereunder, as to the conduct of such certification, either by said university directly or by agents or agencies authorized by it for the purpose, and as to standards, requirements, and forms of and for certification hereunder; provided, however, that not more than one such agent or agency for certification shall be designated for any one specified crop. No certification within the provisions of 80-5-140 through 80-5-144 shall be made or authorized except by or through said university.
History: En. Sec. 2, Ch. 11, L. 1951; amd. Sec. 7, Ch. 390, L. 1973; R.C.M. 1947, 3-810; amd. sec. 36, Ch. 308, L. 1995; Sec. 80-5-302, MCA 1997; redes. 80-5-141 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 › 80-5-142. Certification work on self-supporting basis

80-5-142. Certification work on self-supporting basis.
Certification work, whether conducted by said university or by an agency designated by it, shall be on a self-supporting basis and not for financial profit.
History: En. Sec. 3, Ch. 11, L. 1951; amd. Sec. 8, Ch. 390, L. 1973; R.C.M. 1947, 3-811; Sec. 80-5-303, MCA 1997; redes. 80-5-142 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 › 80-5-143. Withholding certification

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.
History: En. Sec. 5, Ch. 11, L. 1951; amd. Sec. 10, Ch. 390, L. 1973; R.C.M. 1947, 3-813; Sec. 80-5-304, MCA 1997; redes. 80-5-143 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 › 80-5-144. Unlawful use of certification -- penalty

80-5-144. Unlawful use of certification -- penalty.
A person, firm, association, or corporation may not issue, make, use, or circulate any document purporting to be or represented as a seed or plant part certification certificate, represent seeds or plant parts as certified, or use the term "Montana state certified", "state certified", "Montana certified", or "one year off certified" or similar words or phrases, without the authority and approval of the university. A person, firm, association, or corporation who violates 80-5-140 through 80-5-144 is guilty of a misdemeanor and shall be fined not less than $100 or more than $500 for each offense.
History: En. Sec. 6, Ch. 11, L. 1951; amd. Sec. 11, Ch. 390, L. 1973; amd. Sec. 44, Ch. 218, L. 1974; R.C.M. 1947, 3-814; amd. Sec. 10, Ch. 345, L. 1999; Sec. 80-5-305, MCA 1997; redes 80-5-144 by Code Commissioner, 1999.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 2. Licensing (Renumbered and Repealed) › 80-5-201. Repealed

80-5-201. Repealed.
Sec. 19, Ch. 373, L. 1987.
History: En. Sec. 1, Ch. 442, L. 1973; amd. Sec. 1, Ch. 315, L. 1977; R.C.M. 1947, 3-310(2) thru (12); amd. Sec. 6, Ch. 464, L. 1983; amd. Sec. 72, Ch. 539, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 2. Licensing (Renumbered and Repealed) › 80-5-203. Repealed

80-5-203. Repealed.
Sec. 19, Ch. 373, L. 1987.
History: En. Sec. 4, Ch. 442, L. 1973; amd. Sec. 3, Ch. 315, L. 1977; R.C.M. 1947, 3-313; amd. Sec. 8, Ch. 464, L. 1983; amd. Sec. 74, Ch. 539, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 2. Licensing (Renumbered and Repealed) › 80-5-205. Repealed

80-5-205. Repealed.
Sec. 16, Ch. 345, L. 1999.
History: En. Sec. 5, Ch. 442, L. 1973; R.C.M. 1947, 3-314; amd. Sec. 15, Ch. 373, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 4. Seed Potato Disease Control Act › 80-5-402. Definitions

80-5-402. Definitions.
As used in this part, the following definitions apply:
(1) "Certified seed potatoes" means potato seed stock that has passed limited field and storage inspections and that has been grown in accordance with the certification rules and regulations of an official seed potato certifying agency of the state or country of origin and certified as such.
(2) "Commercial purpose" means planting or propagating potatoes for the purpose of selling, trading, or otherwise exchanging for profit.
(3) "Department" means the department of agriculture provided for in 2-15-3001.
(4) "Person" means an individual, firm, partnership, corporation, company, association, or separate business or legal entity.
(5) "Seed potatoes" or "potato seed" means all varieties of potato tubers, stems, and other plant parts of the herb plant known as Solanum tuberosum that are intended or used for seed purposes, planting, propagation, or reproduction.
History: En. Sec. 2, Ch. 610, L. 1989; amd. Sec. 1, Ch. 59, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 4. Seed Potato Disease Control Act › 80-5-403. Imported seed potatoes -- restrictions -- exceptions

80-5-403. Imported seed potatoes -- restrictions -- exceptions.
(1) To control and prevent the spread of contagious diseases among seed potato stock, seed potatoes may not be imported into this state for any commercial purpose unless the seed potatoes are:
(a) from seed stock produced as a part of a certified seed potato crop in the state or country of origin and certified as being from that stock;
(b) subject to inspection at the Montana receiving point by a federal or state-federal standard grade inspector;
(c) shipped in a clean, disinfected container or transportation carrier; and
(d) accompanied by a United States department of agriculture or state of origin certification of inspection describing the seed variety, seed class, standard grade, quality or condition, and seed source and have affixed to each inspection certificate an official state of origin seed potato certification tag or label.
(2) The provisions of subsection (1) do not apply to any unit of the Montana university system when it is importing into this state potato seed for research or educational purposes.
(3) Seed or commercial potatoes, equipment, machinery, bags, or containers known to be diseased or contaminated with bacterial ring rot, golden nematode, or other diseases designated by department rule may not be brought into this state.
History: En. Sec. 3, Ch. 610, L. 1989; amd. Sec. 2, Ch. 59, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 4. Seed Potato Disease Control Act › 80-5-404. Planting noncertified seed potatoes prohibited -- exceptions

80-5-404. Planting noncertified seed potatoes prohibited -- exceptions.
(1) To control and prevent the spread of contagious diseases and viruses among seed potato stock, it is unlawful for any person to plant or produce potatoes, either seed or commercial, from any seed potato stock unless the seed potatoes are:
(a) from seed stock produced as a part of a certified seed potato crop in the state or country of origin and certified as being from that stock;
(b) subject to inspection at the receiving point by a federal or state-federal standard grade inspector if from a source outside the county;
(c) shipped in a clean, disinfected container or transportation carrier; and
(d) for each individual lot of seed potatoes, accompanied by a United States department of agriculture or state of origin certificate of inspection describing the seed variety, seed class, standard grade, quality or condition, and seed source and have affixed to each inspection certificate an official state of origin seed potato certification tag or label.
(2) The provisions of this section do not apply to:
(a) potatoes grown in home gardens;
(b) potatoes grown by any unit of the Montana university system for research or educational purposes.
History: En. Sec. 4, Ch. 610, L. 1989; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 3, Ch. 59, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 4. Seed Potato Disease Control Act › 80-5-405. Enforcement -- penalty

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.
History: En. Sec. 5, Ch. 610, L. 1989; amd. Sec. 4, Ch. 59, L. 1997.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 5. Agricultural Seed and Patented Plant Material › Part 5. Agricultural Seed Contract Alternative Dispute Resolution › 80-5-501. Requirement and effect of alternative dispute resolution -- exemption

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.
History: En. Sec. 1, Ch. 567, L. 2001.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 1. Registration -- Apis Bees › 80-6-101. Definitions

80-6-101. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Apiary" means a location where one or more colonies of bees are kept or one or more hives containing honeycombs or bee combs are kept.
(2) "Bee diseases" means a disease or abnormal condition of egg, larval, pupal, or adult stages of bees. Specific bee diseases that are subject to regulation under parts 1 through 3 of this chapter must be designated by department rule.
(3) "Bees" means any stage Apis mellifera and all European subspecies.
(4) "Colony" means the bees and the hive and all equipment used in connection with that hive.
(5) "Department" means the department of agriculture, provided for in 2-15-3001.
(6) "Equipment" means hives, supers, frames, veils, gloves, or any apparatus, tools, machines, or other devices used in the handling and manipulation of bees, honey, wax, and hives. The term includes containers of honey and wax used in an apiary or in transporting bees and their products and includes apiary supplies.
(7) "Family unit" means two or more persons living together or residing in the same dwelling, house, or other place of residence.
(8) "General apiary site" means an apiary site other than a pollination apiary site, landowner apiary site, or hobbyist apiary site.
(9) "Hive" means a frame hive, box hive, box, barrel, log gum, skep, or other receptacle or container or a part of a container, natural or artificial, used as a domicile for bees.
(10) "Hobbyist apiary site" means an apiary site registered by a hobbyist beekeeper.
(11) "Hobbyist beekeeper" means a person who owns a total of no more than five hives.
(12) (a) "Landowner" means the person who has the use and exclusive possession of the land upon which the apiary is to be registered.
(b) The term does not include a person leasing or renting land for the primary purpose of locating or establishing an apiary.
(13) "Landowner apiary site" means an apiary site registered by a landowner.
(14) "Persons" means individuals, associations, partnerships, or corporations.
(15) "Pest" means the African honeybee (Apis mellifera scutellata and Apis mellifera capensis), those honeybees Africanized by interbreeding with the African honeybee, and any other parasite or predator that attacks the egg, larval, pupal, or adult stages of the honeybee that are subject to regulation under parts 1 through 3 of this chapter as identified by rule of the department.
(16) "Pollination apiary site" means an apiary site registered for pollination of a commercial seed, fruit, or other commercial agricultural product as provided in 80-6-112.
History: En. Sec. 1, Ch. 79, L. 1947; amd. Sec. 1, Ch. 475, L. 1973; Sec. 82-805, R.C.M. 1947; amd. and redes. 3-3101 by Sec. 128, Ch. 218, L. 1974; R.C.M. 1947, 3-3101; amd. Sec. 1, Ch. 125, L. 1981; amd. Sec. 1, Ch. 198, L. 1987; amd. Sec. 1, Ch. 9, L. 1991; amd. Sec. 1, Ch. 491, L. 1993; amd. Sec. 72, Ch. 7, L. 2001; amd. Sec. 2, Ch. 11, L. 2003; amd. Sec. 2, Ch. 468, L. 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 1. Registration -- Apis Bees › 80-6-111. General apiary site registrations

80-6-111. General apiary site registrations.
(1) In order to control, limit, and prevent the spread of bee diseases, pests, and other contagious or infectious diseases among bees, hives, and apiaries and to control, limit, and prevent interference with the proper feeding and honey flow, as it relates to bee health of established apiaries, general apiary sites must be located 3 or more miles apart except as otherwise provided in this part. The department may not register or issue a certificate of registration for any apiary site except as provided in this section.
(2) A person may register a general apiary site that is situated less than 3 miles from another general apiary site that the person has registered if the location of the general apiary site being applied for is 3 or more miles from general apiary sites registered to other persons.
(3) A general apiary site may be registered even if it is less than 3 miles from any registered pollination apiary site, landowner apiary site, or hobbyist apiary site.
(4) (a) A person with an existing apiary site that is located less than 3 miles from an existing general apiary site may register that apiary site as a general apiary site under the following conditions:
(i) the existing apiary site is registered with the department as a general apiary site as of July 1, 1981;
(ii) the registration of the existing apiary site has not been forfeited or abandoned under the provisions of 80-6-102(3) or 80-6-104.
(b) General apiary sites registered prior to July 1, 1981, may be moved if authorized by the department.
(5) Certificates of registration may not be issued for new apiary sites that are within such close proximity to established registered apiary sites that there is or may be danger of the spread of disease or pests or if the proximity will or may interfere with the proper feeding and honey flow of established apiaries.
(6) Before registering new apiary sites, the department shall give at least 10 days' notice by certified mail to all registered apiarists who are likely to be affected by the proposed new apiary site. Any affected party may file a written protest with the department against registering the new apiary site. If a written protest is filed, the department may require a hearing. Notice of the time and place of the hearing must be given to all interested parties by certified mail at least 10 days before the date set for the hearing. If a hearing is held, the department in its discretion may issue or refuse to issue the new apiary site registration.
History: En. Sec. 3, Ch. 125, L. 1981; amd. Sec. 5, Ch. 198, L. 1987; amd. Sec. 2593, Ch. 56, L. 2009; amd. Sec. 6, Ch. 468, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 1. Registration -- Apis Bees › 80-6-112. Pollination apiary site registrations

80-6-112. Pollination apiary site registrations.
(1) The department may grant pollination apiary site registrations to commercial seed producers, fruit producers, or other commercial agricultural producers under the following conditions:
(a) (i) the applicant must own, lease, or rent the land upon which the pollination apiary site is to be located and the applicant must use the land for the purpose of growing a commercial seed, fruit, or other crop that is dependent upon bees or other insects for pollination;
(ii) the applicant may not own the bees or the hives that are to be placed upon the pollination apiary site; and
(iii) the only purpose of the pollination apiary site is to pollinate a commercial agricultural crop.
(b) The applicant shall provide the department with all pertinent information necessary to determine if pollination apiary sites are needed to adequately pollinate the applicant's crop.
(c) The department may refuse to register a pollination apiary site based upon its own investigation, but if the department approves the application, it shall specify the number and location of pollination apiary sites needed for the purpose of adequately pollinating the applicant's commercial agricultural crop.
(2) A pollination apiary site registration is valid only for the time specified by the department, and all pollination apiaries must be removed within 2 weeks after the full bloom period of the crop to be pollinated.
(3) A certificate of registration of a pollination apiary site may not be leased, assigned, or transferred. A person, other than the pollination apiary site registrant, may not exercise any rights or privileges, directly or indirectly, authorized by the certificate of registration.
(4) The department shall attempt to notify any general apiarist with registered apiary sites located within 3 miles of a proposed pollination apiary site of the potential location of the proposed pollination apiary site.
History: En. Sec. 4, Ch. 125, L. 1981; amd. Sec. 7, Ch. 468, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 1. Registration -- Apis Bees › 80-6-113. Landowner apiary site registrations

80-6-113. Landowner apiary site registrations.
(1) The department may grant landowner apiary site registrations under the following conditions:
(a) The applicant must be a landowner and must own the land upon which the apiary site will be located.
(b) The applicant must own the bees and the hives that will be placed on the apiary site.
(c) The bees and the hives must be personally managed and operated by the applicant.
(2) A certificate of registration of a landowner apiary site may not be leased, assigned, or transferred. A person, other than the landowner apiary site registrant, may not exercise any rights or privileges, directly or indirectly, authorized by the certificate of registration.
(3) The department shall attempt to notify any general apiarist with registered apiary sites located within 3 miles of a proposed landowner apiary site of the potential location of the landowner apiary site.
(4) When a landowner apiary business changes to a general apiary business, the landowner apiary sites established and registered with the department as landowner apiary sites under the department's rules in effect prior to July 1, 2009, remain valid regardless of location with regard to other apiary sites, including general apiary sites within 3 miles, as long as the registration of the landowner apiary sites has not been forfeited or abandoned pursuant to 80-6-102 or 80-6-104.
History: En. Sec. 5, Ch. 125, L. 1981; amd. Sec. 8, Ch. 468, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 1. Registration -- Apis Bees › 80-6-114. Hobbyist apiary site -- registrations

80-6-114. Hobbyist apiary site -- registrations.
(1) The department may grant hobbyist apiary site registrations to hobbyist beekeepers under the following conditions:
(a) The applicant may not own a total of more than five hives, and all of the hives must be placed on the hobbyist apiary site.
(b) The applicant must own the bees and the hives and must personally manage and operate the bees and the hives.
(c) Only one hobbyist apiary site registration is allowed for an applicant and only two hobbyist apiary site registrations are allowed for a family unit.
(2) A certificate of registration of a hobbyist apiary site may not be leased, assigned, or transferred. A person, other than the hobbyist apiary site registrant, may not exercise any rights or privileges, directly or indirectly, authorized by the certificate of registration.
History: En. Sec. 6, Ch. 125, L. 1981; amd. Sec. 6, Ch. 198, L. 1987; amd. Sec. 9, Ch. 468, L. 2009; amd. Sec. 3, Ch. 379, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 2. Inspection and Certification -- Apis Bees › 80-6-203. Importation of bees in packages or queen cages

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.
History: En. Sec. 6, Ch. 79, L. 1947; Sec. 82-810, R.C.M. 1947; amd. and redes. 3-3108 by Sec. 135, Ch. 218, L. 1974; R.C.M. 1947, 3-3108; amd. Sec. 12, Ch. 468, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 3. General Provisions -- Apis Bees › 80-6-301. Orders effective until reversed or modified by court

80-6-301. Orders effective until reversed or modified by court.
An order or rule adopted by the department, including an order refusing a permit for the establishment of a new apiary location, is effective until reversed or modified by a final decision of a court of competent jurisdiction and while such action is pending, as defined in 25-1-103. An injunction or other process or writ may not be issued by a court restraining enforcement until that final determination.
History: En. Sec. 10, Ch. 79, L. 1947; amd. Sec. 7, Ch. 475, L. 1973; Sec. 82-814, R.C.M. 1947; amd. and redes. 3-3112 by Sec. 139, Ch. 218, L. 1974; amd. Sec. 23, Ch. 13, L. 1977; R.C.M. 1947, 3-3112.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 6. Apiculture › Part 3. General Provisions -- Apis Bees › 80-6-302. Repealed

80-6-302. Repealed.
Sec. 6, Ch. 11, L. 2003.
History: En. Sec. 7, Ch. 79, L. 1947; amd. Sec. 6, Ch. 475, L. 1973; Sec. 82-811, R.C.M. 1947; amd. and redes. 3-3109 by Sec. 136, Ch. 218, L. 1974; R.C.M. 1947, 3-3109.