80-5-130. Licensing -- application -- fee.
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/mt/title-80/chapter-5/part-1/80-5-130·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(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.
(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.