§ 80-5-130 — Licensing -- Application -- Fee

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.
(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.

Legislative History

En. Sec. 2, Ch. 442, L. 1973; amd. Sec. 2, Ch. 315, L. 1977; R.C.M. 1947, 3-311; amd. Sec. 7, Ch. 20, L. 1979; amd. Sec. 7, Ch. 464, L. 1983; amd. Sec. 73, Ch. 539, L. 1983; amd. Sec. 13, Ch. 373, L. 1987; amd. Sec. 2, Ch. 446, L. 1989; amd. Sec. 5, Ch. 345, L. 1999; Sec. 80-5-202, MCA 1997; redes. 80-5-130 by Code Commissioner, 1999; amd. Sec. 1, Ch. 263, L. 2003; amd. Sec. 1, Ch. 122, L. 2021.