{"data":{"id":"us-mt/80-5-134","jurisdiction":"us-mt","citation":"80-5-134","heading":"Prohibitions.","body":"(1) A person may not sell or transport for use in planting in this state any seed that:\n(a) contains prohibited noxious weed seeds;\n(b) contains restricted weed seeds in excess of the maximum numbers per pound allowed under rules adopted by the department;\n(c) contains in excess of 2% or more of weed seed;\n(d) is offered or exposed for sale more than 12 calendar months from the last day of the month in which the germination test was completed. This 12-month limitation does not apply when seed is packaged in hermetically sealed containers within 12 months after harvest. The container must be conspicuously labeled in not less than 8-point type to indicate that:\n(i) the container is hermetically sealed;\n(ii) the seed has been preconditioned as to moisture content; and\n(iii) the germination test is valid for a period not to exceed 18 months from the date of the germination test for seeds offered for sale on a wholesale basis and for a period not to exceed 36 months for seeds offered for sale at retail.\n(e) is labeled, advertised, or otherwise represented as being certified seed of any class unless:\n(i) it has been determined by a seed certifying agency that the seed conforms to standards of purity and identity as to kind, species (and subspecies, if appropriate), or variety; and\n(ii) the seed bears an official label issued for that seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species (and subspecies, if appropriate), or variety;\n(f) is a variety for which a United States certificate of plant variety protection has been issued or applied for under the provisions of the Plant Variety Protection Act, 7 U.S.C. 2321, et seq., without the authority of the owner of the variety or is labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which the certificate or application for \"protection\" specifies sale only as a class of certified seed, provided that seed from a certified lot may be labeled as to variety name when used in a mixture;\n(g) is not labeled in accordance with the provisions of this chapter and appurtenant rules or that has false or misleading labeling;\n(h) has been falsely or misleadingly advertised.\n(2) It is unlawful for a person within this state to:\n(a) detach, alter, deface, or destroy any label provided for in this chapter or by rules promulgated pursuant to this chapter or to alter or substitute seed in a manner that may defeat the purposes of this chapter;\n(b) disseminate any false or misleading advertisement concerning seed subject to the provisions of this chapter in any manner or by any means;\n(c) hinder or obstruct, in any way, any authorized person in the performance of duties authorized under this chapter;\n(d) fail or refuse to obtain a license when required pursuant to 80-5-130;\n(e) fail to comply with a stop sale order or to move or otherwise handle or dispose of any lot of seed held under a stop sale order except with permission of the department and for the purpose specified in the stop sale order;\n(f) fail to comply with any provisions of this part, including rules promulgated under this part;\n(g) use the word \"trace\" as a substitute for any required statement;\n(h) use the word \"type\" in any labeling in connection with the name of any agricultural seed variety; or\n(i) provide seed cleaning and conditioning services without obtaining a properly completed genuine grower declaration form as specified by the department.","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_0340/0800-0050-0010-0340.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:00:37Z","sha256":"8f53010c6455afa07dc14ad8643380ebd05f3063d06f131f619e89459ee4c571","source_id":"us-mt","stale":false,"prev":"us-mt/80-5-133","next":"us-mt/80-5-135"},"notice":"GroundRules: Original legal text. Not legal advice."}