Montana Code Annotated 2021



Part 1. Control of Diseases and Insects in Nurseries

Penalty For Violation

80-7-135. Penalty for violation. (1) A firm, nursery, plant dealer, or landscape service that violates or aids in the violation of a provision of this part or of the rules, orders, or quarantines of the department adopted under Title 2, chapter 4, and this part commits a civil offense and is subject to a civil penalty of not more than $1,000 for each violation.

(2) Assessment of a civil penalty may be made in conjunction with another warning, order, or administrative action authorized by this chapter. A civil penalty collected under this section must be deposited in the nursery account established in 80-7-123 for response activities of the department, education, training, research, and development for the nursery industry pursuant to rules established by the department.

(3) The department shall establish by rule:

(a) a penalty schedule that establishes the types of penalties and the amounts, not to exceed $1,000, for initial and subsequent offenses; and

(b) other matters necessary for the administration of civil penalties.

(4) Sections 80-7-105, 80-7-106, 80-7-108, 80-7-109, 80-7-123, and this section may not be construed as requiring the department or its agents to report violations of this part when the department believes that the public interest will be best served by a suitable notice of warning.

History: En. Sec. 5, Ch. 551, L. 1993; amd. Sec. 6, Ch. 7, L. 1997; amd. Sec. 9, Ch. 384, L. 2007; amd. Sec. 8, Ch. 384, L. 2009; amd. Sec. 8, Ch. 389, L. 2017.