80-5-134. Prohibitions. (1) A person may not sell or transport for use in planting in this state any seed that:

Terms Used In Montana Code 80-5-134

  • Advertisement: means a representation, other than a representation on the label, that is disseminated by any means and that relates to seed governed by the provisions of this chapter. See Montana Code 80-5-120
  • Certifying agency: means :

    (a)an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and that has standards and procedures to ensure the genetic purity and identity of the seed certified; or

    (b)an agency of a foreign country determined by the department to adhere to procedures and standards for seed certification that are comparable to those adhered to generally by the seed certifying agencies described in subsection (5)(a). See Montana Code 80-5-120

  • 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
  • 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
  • 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
  • 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
  • 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
  • Mixture: means seed consisting of more than one kind, each in excess of 5% by weight of the whole. See Montana Code 80-5-120
  • Person: means an individual, firm, partnership, corporation, or association. See Montana Code 80-5-120
  • Prohibited noxious weed seeds: means the seeds of plant species that are designated as noxious weeds as defined in 7-22-2101. See Montana Code 80-5-120
  • Restricted weed seeds: means the seeds of any plant that may adversely affect agriculture or the environment and that are designated as restricted weed seeds under rules adopted by the department. See Montana Code 80-5-120
  • Sell: means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade. 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
  • Stop sale: means an administrative order provided by law that restrains the sale, use, disposition, and movement of a definite amount of seed. 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • 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)contains prohibited noxious weed seeds;

(b)contains restricted weed seeds in excess of the maximum numbers per pound allowed under rules adopted by the department;

(c)contains in excess of 2% or more of weed seed;

(d)is offered or exposed for sale more than 12 calendar months from the last day of the month in which the germination test was completed. This 12-month limitation does not apply when seed is packaged in hermetically sealed containers within 12 months after harvest. The container must be conspicuously labeled in not less than 8-point type to indicate that:

(i)the container is hermetically sealed;

(ii)the seed has been preconditioned as to moisture content; and

(iii)the germination test is valid for a period not to exceed 18 months from the date of the germination test for seeds offered for sale on a wholesale basis and for a period not to exceed 36 months for seeds offered for sale at retail.

(e)is labeled, advertised, or otherwise represented as being certified seed of any class unless:

(i)it has been determined by a seed certifying agency that the seed conforms to standards of purity and identity as to kind, species (and subspecies, if appropriate), or variety; and

(ii)the seed bears an official label issued for that seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species (and subspecies, if appropriate), or variety;

(f)is a variety for which a United States certificate of plant variety protection has been issued or applied for under the provisions of the Plant Variety Protection Act, 7 U.S.C. § 2321, et seq., without the authority of the owner of the variety or is labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which the certificate or application for “protection” specifies sale only as a class of certified seed, provided that seed from a certified lot may be labeled as to variety name when used in a mixture;

(g)is not labeled in accordance with the provisions of this chapter and appurtenant rules or that has false or misleading labeling;

(h)has been falsely or misleadingly advertised.

(2)It is unlawful for a person within this state to:

(a)detach, alter, deface, or destroy any label provided for in this chapter or by rules promulgated pursuant to this chapter or to alter or substitute seed in a manner that may defeat the purposes of this chapter;

(b)disseminate any false or misleading advertisement concerning seed subject to the provisions of this chapter in any manner or by any means;

(c)hinder or obstruct, in any way, any authorized person in the performance of duties authorized under this chapter;

(d)fail or refuse to obtain a license when required pursuant to 80-5-130;

(e)fail to comply with a stop sale order or to move or otherwise handle or dispose of any lot of seed held under a stop sale order except with permission of the department and for the purpose specified in the stop sale order;

(f)fail to comply with any provisions of this part, including rules promulgated under this part;

(g)use the word “trace” as a substitute for any required statement;

(h)use the word “type” in any labeling in connection with the name of any agricultural seed variety; or

(i)provide seed cleaning and conditioning services without obtaining a properly completed genuine grower declaration form as specified by the department.

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