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 shall 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) The department may by rule adjust a license fee to maintain adequate funding for the administration of this part. (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: (i) sells, labels, or sells and labels seed; (ii) is a seed dealer; (iii) operates a seed conditioning plant; or (iv) is a seed labeler. (c) The license fee for a person who is a nonresident and who is: (i) a seed dealer may not be less than $100 or more than $250 a year; or (ii) a seed labeler may not be less than $50 or more than $200 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: (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.
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