Section 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;(iii) operates a seed conditioning plant; or(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: (ii) the shipper, if other than the seed dealer;(iv) the receiver, if other than the buyer; and(b) the destination where the seed will be first unloaded.Amended by Laws 2021, Ch. 122,Sec. 1, eff. 7/1/2021.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.