Montana Code 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:
Terms Used In Montana Code 80-5-124
- Genuine grower declaration: means a statement signed by the grower that indicates, for each lot of seed, the lot number, kind, variety, origin, weight, year of production, date, and destination of shipment. See Montana Code 80-5-120
- Kind: means one or more related species or subspecies that are known singly or collectively by one common name, such as corn, oats, alfalfa, and timothy. See Montana Code 80-5-120
- Labeling: means a tag or other device, attached to or written, stamped, or printed on a container or accompanying a lot of bulk seeds, that purports to set forth the information required on the seed label under 80-5-123 and that may include any other information relating to the labeled seed. See Montana Code 80-5-120
- Person: means an individual, firm, partnership, corporation, or association. See Montana Code 80-5-120
- Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Montana Code 80-5-120
- Variety: means a subdivision of a kind that is:
(a)distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;
(b)uniform, in the sense that the variations in essential and distinctive characteristics are describable; and
(c)stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See Montana Code 80-5-120
(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.