{"data":{"id":"us-mt/80-5-130","jurisdiction":"us-mt","citation":"80-5-130","heading":"Licensing -- application -- fee.","body":"(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.\n(2) Each seed conditioning plant shall post in a conspicuous location in the facility:\n(a) its fees for conditioning services; and\n(b) the license for the facility.\n(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:\n(a) a Montana certified seed grower when labeling certified seed from that grower's own production;\n(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\n(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.\n(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:\n(a) a person who sells seed only in sealed packages of 10 pounds or less;\n(b) a person who sells seed that has a gross sales value of $1,000 or less a year;\n(c) a person who sells seed only to a Montana-licensed seed dealer, labeler, or conditioner; or\n(d) a Montana grower selling only seed of that grower's own production with a gross annual sales value of $5,000 or less.\n(5) (a) The department may by rule adjust a license fee to maintain adequate funding for the administration of this part.\n(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:\n(i) sells, labels, or sells and labels seed;\n(ii) is a seed dealer;\n(iii) operates a seed conditioning plant; or\n(iv) is a seed labeler.\n(c) The license fee for a person who is a nonresident and who is:\n(i) a seed dealer may not be less than $100 or more than $250 a year; or\n(ii) a seed labeler may not be less than $50 or more than $200 a year.\n(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:\n(a) the location of each seed conditioning plant if the application is for a seed conditioning plant license;\n(b) a sample label if the application is for a seed labeler license; and\n(c) a list of persons selling seed if required by department rule.\n(7) Seed dealers shall provide with all shipments of agricultural seed a bill of lading or other evidence of delivery that includes:\n(a) the names of:\n(i) the seed dealer;\n(ii) the shipper, if other than the seed dealer;\n(iii) the buyer; and\n(iv) the receiver, if other than the buyer; and\n(b) the destination where the seed will be first unloaded.","path":["TITLE 80. AGRICULTURE","CHAPTER 5. AGRICULTURAL SEED AND PATENTED PLANT MATERIAL","Part 1. Seed Labeling -- Licensing -- Certification"],"source_url":"https://mca.legmt.gov/bills/mca/title_0800/chapter_0050/part_0010/section_0300/0800-0050-0010-0300.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:00:36Z","sha256":"a0eea2da7c1ab9f21d552d7d177a9833db72a8b1f9debce1868d5583d281ce43","source_id":"us-mt","stale":false,"prev":"us-mt/80-5-129","next":"us-mt/80-5-131"},"notice":"GroundRules: Original legal text. Not legal advice."}