Section 80-5-134 - Prohibitions(1) A person may not sell or transport for use in planting in this state any seed that: (a) contains prohibited noxious weed seeds;(b) contains restricted weed seeds in excess of the maximum numbers per pound allowed under rules adopted by the department;(c) contains in excess of 2% or more of weed seed;(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: (i) the container is hermetically sealed;(ii) the seed has been preconditioned as to moisture content; and(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.(e) is labeled, advertised, or otherwise represented as being certified seed of any class unless: (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(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;(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;(g) is not labeled in accordance with the provisions of this chapter and appurtenant rules or that has false or misleading labeling;(h) has been falsely or misleadingly advertised.(2) It is unlawful for a person within this state to: (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;(b) disseminate any false or misleading advertisement concerning seed subject to the provisions of this chapter in any manner or by any means;(c) hinder or obstruct, in any way, any authorized person in the performance of duties authorized under this chapter;(d) fail or refuse to obtain a license when required pursuant to 80-5-130;(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;(f) fail to comply with any provisions of this part, including rules promulgated under this part;(g) use the word "trace" as a substitute for any required statement;(h) use the word "type" in any labeling in connection with the name of any agricultural seed variety; or(i) provide seed cleaning and conditioning services without obtaining a properly completed genuine grower declaration form as specified by the department.Amended by Laws 2023, Ch. 630,Sec. 1, eff. 10/1/2023.En. Sec. 4, Ch. 361, L. 1969; amd. Sec. 12, Ch. 390, L. 1973; Sec. 3-820, R.C.M. 1947; amd. and redes. 3-802.4 by Sec. 45, Ch. 218, L. 1974; amd. Sec. 11, Ch. 13, L. 1977; amd. Sec. 5, Ch. 315, L. 1977; R.C.M. 1947, 3-802.4; amd. Sec. 5, Ch. 373, L. 1987; amd. Sec. 1, Ch. 345, L. 1999; Sec. 80-5-105, MCA 1997; redes. 80-5-134 by Code Commissioner, 1999.