80-5-202. Licensing -- application -- fee. (1) All seed conditioning plants shall obtain a license from the department for each plant before doing business in this state; however, a seed grower, when conditioning seed from his own production, is not required to be licensed under this part.
     (2) Each conditioning plant must post in a conspicuous location in the facility:
     (a) its fees for conditioning services; and
     (b) the license designation for the facility.
     (3) All seed labelers and growers who label or affix written claims to their seed shall obtain a 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 his own production; and
     (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 his name and address.
     (4) A person may not sell or distribute seed in Montana without obtaining a seed dealer's license from the department for each place where seed is located, except for:
     (a) a person who distributes seed only in sealed packages of 10 pounds or less that are properly labeled;
     (b) a Montana certified seed grower when selling certified seed from his own production; and
     (c) a grain producer when making bin-run seed sales.
     (5) Each person selling seed from a location other than the licensed place must be listed on the application for license.
     (6) The department shall set by rule the period for which a license is issued under this section.
     (7) The department may establish by rule minimum standards for equipment and handling procedures for facilities to be licensed.
     (8) Each license shall cost no more than $50 a year. The fee must include the cost of application for a license and must be nonrefundable. The department may by rule establish license fees which bear a reasonable relationship to the cost of administering this part.
     (9) 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 among other things:
     (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 the application is for a seed dealer's license.
     (10) Seed dealers shall provide with all shipments of seed a bill of lading or other evidence of delivery that includes:
     (a) the names of:
     (i) the seller;
     (ii) the shipper, if other than the seller;
     (iii) the buyer; and
     (iv) the receiver, if other than the buyer; and
     (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.