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 must 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) Each type of license for an in-state person costs $50 a year.
     (b) The license fee for an out-of-state person selling seed in Montana is $100 a year.
     (c) The license fee for an out-of-state person who labels seed that is being sold in Montana is $50 a year.
     (d) The license fee for a person who sells only lawn and turf grass seed is $50 a year.
     (e) The license fee for a Montana grower who sells or labels only seed of that grower's own production is $50 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 among other things:
     (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.

     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. , MCA 1997; redes. by Code Commissioner, 1999.