Montana Code 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.
Terms Used In Montana Code 80-5-139
- 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
- Flower seeds: means seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and that are commonly known and sold under the name of flower seeds in this state. 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
- Indigenous seeds: means the seeds of those plants that are naturally adapted to an area where the intended use is for revegetation of disturbed sites. 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
- Pure live seed: means the product of the percentage of germination plus hard seed or dormant seed multiplied by the percentage of pure seed, divided by 100, with the result expressed as a whole number. 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
(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.