80-5-130. Licensing — application — fee. (1) All facilities located in the state that condition agricultural seed shall obtain a license from the department for each facility. However, a seed grower, when conditioning only seed from that grower’s own production, is not required to be licensed under this part.

Terms Used In Montana Code 80-5-130

  • Conditioning: means drying, cleaning, scarifying, and other operations that could change the purity or germination of a seed and require the seed lot to be retested to determine labeling. See Montana Code 80-5-120
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Germination: means the emergence and development from the seed embryo as evidence of vitality when the seeds are subjected to the proper moisture and temperature conditions with proper aeration for the customary length of time for each specific kind of seed, as specified in the rules for seed testing adopted by the association of official seed analysts. 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
  • Lot: means a definite quantity of seed identified by a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Montana Code 80-5-120
  • Montana certified seed grower: means a member of an authorized Montana seed certifying agency who has consented to produce seed under the rules for certified classes of seed, with respect to the maintenance of genetic purity and variety identity, set forth by the establishing agency. See Montana Code 80-5-120
  • Person: means an individual, firm, partnership, corporation, or association. See Montana Code 80-5-120
  • Seed conditioning plant: means a place of business, whether a permanent or portable facility, that conditions seeds. See Montana Code 80-5-120
  • Seed dealer: means a person who sells seeds. See Montana Code 80-5-120
  • Seed labeler: means a person affixing labels to seeds, with that person's name, address, and other information as required in 80-5-123. See Montana Code 80-5-120
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)Each seed conditioning plant shall post in a conspicuous location in the facility:

(a)its fees for conditioning services; and

(b)the license for the facility.

(3)A person whose name and address appear on the label of agricultural seed sold in Montana, as required by 80-5-123, shall obtain a seed labeler‘s license from the department before doing business in Montana. The following persons, however, are excluded from the licensing requirements under this subsection:

(a)a Montana certified seed grower when labeling certified seed from that grower’s own production;

(b)any person who updates germination test data by affixing to the package of seed a supplemental label bearing new germination data, the lot number, and the person’s name and address; or

(c)a Montana grower who labels seed only of that labeler’s own production with a gross annual sales value of $5,000 or less.

(4)A person who sells agricultural seed in Montana shall obtain a seed dealer‘s license from the department for each place where seed is located or sold, except for:

(a)a person who sells seed only in sealed packages of 10 pounds or less;

(b)a person who sells seed that has a gross sales value of $1,000 or less a year;

(c)a person who sells seed only to a Montana-licensed seed dealer, labeler, or conditioner; or

(d)a Montana grower selling only seed of that grower’s own production with a gross annual sales value of $5,000 or less.

(5)(a) The department may by rule adjust a license fee to maintain adequate funding for the administration of this part.

(b)The license fee may not be less than $50 a year or more than $200 a year for a person who is a Montana resident and who:

(i)sells, labels, or sells and labels seed;

(ii)is a seed dealer;

(iii)operates a seed conditioning plant; or

(iv)is a seed labeler.

(c)The license fee for a person who is a nonresident and who is:

(i)a seed dealer may not be less than $100 or more than $250 a year; or

(ii)a seed labeler may not be less than $50 or more than $200 a year.

(6)An application for a license under this section must be made in a manner and on forms provided by the department. The application must contain:

(a)the location of each seed conditioning plant if the application is for a seed conditioning plant license;

(b)a sample label if the application is for a seed labeler license; and

(c)a list of persons selling seed if required by department rule.

(7)Seed dealers shall provide with all shipments of agricultural seed a bill of lading or other evidence of delivery that includes:

(a)the names of:

(i)the seed dealer;

(ii)the shipper, if other than the seed dealer;

(iii)the buyer; and

(iv)the receiver, if other than the buyer; and

(b)the destination where the seed will be first unloaded.

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