1. (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. (2) Each seed conditioning plant shall post in a conspicuous location in the facility:

   1. (a) its fees for conditioning services; and
   2. (b) the license for the facility.

3. (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:

   1. (a) a Montana certified seed grower when labeling certified seed from that grower's own production;
   2. (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
   3. (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. (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:

   1. (a) a person who sells seed only in sealed packages of 10 pounds or less;
   2. (b) a person who sells seed that has a gross sales value of $1,000 or less a year;
   3. (c) a person who sells seed only to a Montana-licensed seed dealer, labeler, or conditioner; or
   4. (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. (5)

   1. (a) The department may by rule adjust a license fee to maintain adequate funding for the administration of this part.

   2. (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:

      1. (i) sells, labels, or sells and labels seed;
      2. (ii) is a seed dealer;
      3. (iii) operates a seed conditioning plant; or
      4. (iv) is a seed labeler.

   3. (c) The license fee for a person who is a nonresident and who is:

      1. (i) a seed dealer may not be less than $100 or more than $250 a year; or
      2. (ii) a seed labeler may not be less than $50 or more than $200 a year.

6. (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:

   1. (a) the location of each seed conditioning plant if the application is for a seed conditioning plant license;
   2. (b) a sample label if the application is for a seed labeler license; and
   3. (c) a list of persons selling seed if required by department rule.

7. (7) Seed dealers shall provide with all shipments of agricultural seed a bill of lading or other evidence of delivery that includes:

   1. (a) the names of:

      1. (i) the seed dealer;
      2. (ii) the shipper, if other than the seed dealer;
      3. (iii) the buyer; and
      4. (iv) the receiver, if other than the buyer; and
   2. (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. 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.