Montana Administrative Code

4.12.3006 BONDING AND INSURANCE REQUIREMENTS (REPEALED) Authorizing statute(s): 80-5-202, MCA Implementing statute(s): 80-5-202, MCA History: NEW, Eff. 5/6/76; EMERG, AMD, Eff. 6/11/76; AMD, Eff. 12/5/76; REP, 1993 MAR p. 1486, Eff. 7/16/93.

4.12.3007 AGRICULTURAL SEED LICENSING FEES (REPEALED) Authorizing statute(s): 80-5-139, MCA Implementing statute(s): 80-5-139, MCA History: NEW, 1977 MAR p. 534, Eff. 9/24/77; AMD, 1980 MAR p. 1573, Eff. 6/13/80; AMD, 1993 MAR p. 1486, Eff. 7/16/93; REP, 2000 MAR p. 3334, Eff. 12…

4.12.3008 LICENSE YEAR All licenses are issued on a fiscal year basis and expire on June 30 of each year. Authorizing statute(s): 80-5-139, MCA Implementing statute(s): 80-5-130, MCA History: NEW, 1988 MAR p. 268, Eff. 2/12/88; AMD, 2024 MAR p. 128, Eff. 1/27/24.

4.12.3009 REPORTING AND ASSESSMENT OF SEED SALES All out-of-state seed labelers shall report all sales of agricultural seed in Montana as defined in 80-5-131, MCA. These reports shall be on forms provided or approved by the department and must contain the gross annual sales by ty…

4.12.3010 PROHIBITED NOXIOUS WEED SEEDS Seeds offered for sale or sold shall not contain any prohibited noxious weed seeds as designated under the Montana County Weed Act ( 7-22-2101(7) (a) (i) , MCA) . Authorizing statute(s): 80-5-139, MCA Implementing statute(s): 80-5-120, MCA …

4.12.3011 RESTRICTED WEED SEEDS The name and number of restricted weed seed must be shown on the label. When the number of restricted weed seeds exceeds the allowance, the seed lot is prohibited for sale in Montana. Seeds offered for sale or sold shall not contain the following r…

4.12.3012 CIVIL PENALTIES - ENFORCEMENT Whenever the department has reason to believe that a violation of Title 80, chapter 5, MCA, or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil pe…

4.12.3013 CIVIL PENALTIES – MATRIX Type of Violation 1st Offense 2nd Offense Subsequent Offenses Fail to obtain a license. $200 $500 $1000 Misrepresent information supplied regarding exemption from licensing requirements. 200 500 1000 Sell or transport seed lots that: contain tec…

4.12.3014 GRAVITY OF VIOLATIONS, DEGREE OF CARE, AND FINANCIAL HARDSHIP In evaluating the gravity of a violation, the department may consider certain factors that may increase or decrease the penalty matrix value. The following are examples of gravity factors that may be consider…

4.12.3015 PROCEDURES FOR COMPLAINTS A person with knowledge of a violation of Title 80, chapter 5, MCA may file a complaint with the department. Complaints should be in writing and signed and should provide details about the violation. The department, upon receipt of a complaint,…

4.12.3016 PUBLICATION OF VIOLATIONS The department may publish, in a form it considers proper, information concerning violations of the act or violative seed analyses. Such publication will not occur until the responsible person has been given written notice of the violation by t…

4.12.3017 SEED LICENSING FEES The requirements for seed licensing fees are as follows: a Montana grower who sells and/or labels seed: $75 a year license fee; a Montana seed dealer: $75 a year license fee; a Montana seed conditioner: $75 a year license fee; a Montana seed labeler:…

4.12.3101 DEFINITIONS As used in this sub-chapter, unless the context requires otherwise, the following definitions apply: "Coated or encrusted seed" means seed that has been covered by a layer(s) of materials that obscure the original shape and size of the seed resulting in a su…

4.12.3102 TREATED OR INOCULATED SEED In addition to the label requirements of 80-5-123 , MCA for all agricultural, vegetable, flower and indigenous seeds which have been treated as defined in 80-5-120 , MCA, or inoculated as defined in ARM 4.12.3101, a label containing the follow…

4.12.3103 VIABILITY INFORMATION All seed shall be labeled with information that indicates the viability of the seed. This information shall be in one of the following formats as further stated in these rules for different types of seed: the calendar month and year the test was co…

4.12.3104 LABELING FOR SEED KIND AND VARIETY Agricultural seeds must be labeled with kind and variety information as stated in this rule: The following agricultural seeds must be labeled to show kind and variety: barley; bean, field; beet, field; canola; chickpeas (garbanzo beans…

4.12.3105 AGRICULTURAL SEED LABEL REQUIREMENTS Agricultural seeds that are not more specifically categorized in this sub-chapter shall be labeled with the: name and mailing address of the seed labeler; lot number or other lot identification mark; name of the kind and variety, exc…

4.12.3106 LABELING SEED MIXTURES FOR LAWN AND TURF PURPOSES Agricultural seed mixtures for lawn and turf name and mailing address of the seed labeler; lot number or other lot identification mark; commonly accepted name of kind or kind and variety of each agricultural seed compone…

4.12.3107 AGRICULTURAL SEED SOLD ON A PURE LIVE SEED BASIS Each container of agricultural seeds that is sold on a pure live seed basis in accordance with the Act and these rules must bear a label containing the information required in ARM 4.12.3105 with the following exceptions: …

4.12.3108 AGRICULTURAL SEEDS THAT ARE COATED In addition to the applicable agricultural seed labeling requirements, agricultural seeds that are coated shall be labeled with the: percentage by weight of pure seeds with coating material removed; percentage by weight of coating mate…

4.12.3109 AGRICULTURAL SEEDS PLACED IN A GERMINATION MEDIUM OR OTHER DEVICE In addition to the applicable agricultural seed labeling requirements, agricultural seeds, including lawn and turf seeds, placed in a germination medium, mat, tape or other device or mixed with mulch shal…

4.12.3110 AGRICULTURAL AND VEGETABLE HYBRID SEED CONTAINING LESS THAN 95% HYBRID SEED In addition to the applicable agricultural and vegetable seed labeling requirements, agricultural and vegetable hybrid seed which contains less than 95% hybrid seed shall be labeled with the: ki…

4.12.3111 VEGETABLE SEEDS All vegetable seeds shall be labeled with the: name and mailing address of the seed labeler; lot number or other lot identification mark; and name of each kind and variety present in excess of 5% and the percentage by weight of each in order of its predo…

4.12.3112 FLOWER SEEDS All flower seeds shall be labeled with the: name and mailing address of the seed labeler; lot number or other lot identification mark; name of the kind and variety or a statement of type and performance characteristics if prescribed in a specific rule; and …

4.12.3113 INDIGENOUS SEEDS Indigenous seeds, whether in package or bulk, shall be labeled with the: name and mailing address of the seed labeler; lot number or other lot identification mark; statement "Labeled only for reclamation purposes"; common name, genus, species, and subsp…

4.12.3114 COMBINATION MULCH, SEED AND FERTILIZER PRODUCTS For combination mulch, seed and fertilizer products, the label shall include the word "combination" followed by the words "mulch, seed, fertilizer," or appropriate terms. These words must appear on the upper 30% of the pri…

4.12.3115 GENUINE GROWER DECLARATION FORM What is a genuine grower declaration form?A document required by state law when seeds are cleaned or conditioned that creates a written record to help comply with intellectual property laws. What is required in a genuine grower declaratio…

4.12.3201 DEFINITIONS The definitions in this subchapter apply to 80-5-501 through 80-5-510 , MCA: "Alternative dispute resolution" (ADR) means a process by which the parties agree to submit their differences to the judgment of an impartial council. "Buyer" means a person who buy…

4.12.3202 BUYER FORMS FOR ALTERNATIVE DISPUTE RESOLUTION The buyer's sworn complaint must be on forms provided by the department or in a format containing the following information: name and address of person or company filing for alternative dispute resolution; permission to ent…

4.12.3203 SELLER'S RESPONSE TO BUYER AND DEPARTMENT The seller's response filed with the department shall contain, but is not limited to the following: seller name and address; grower name filing for alternative dispute resolution; date seller was first notified of request for al…

4.12.3204 EXPENSES FOR WITNESSES AND TESTING Upon request to, and approval of the council, the buyer or seller may have witnesses on their behalf. The expenses for witnesses for either side shall be borne entirely by the party producing such witnesses. The costs of grow out tests…

4.12.3205 INVESTIGATION PROCEDURES Investigation procedures may include, but are not limited to the following: interviewing the buyer of the seed; interviewing the seller of the seed; obtaining sample(s) of any remaining seed for grow out tests; obtaining copies of records of fer…

4.12.3206 SCHEDULING OF INFORMAL HEARING The presiding officer shall fix the time and place for each informal hearing and shall notify each party in writing of the scheduled informal hearing at least seven days in advance of that date. The informal hearing will follow the procedu…

4.12.3207 WAIVER OF INFORMAL HEARING The parties may provide, by written agreement submitted to the presiding officer, that the informal hearing shall be conducted on the pleadings submitted without oral argument or testimony. The council may make their determination through subm…

4.12.3208 ALTERNATIVE DISPUTE RESOLUTION COUNCIL REPORT The council shall prepare a written report of its findings within the established time frames. The report shall include: findings of fact and conclusions; the award; and allocations as to costs, if any. A simple majority of …

4.12.3209 AWARD UPON SETTLEMENT If the parties to a dispute settle that dispute during the course of an alternative dispute resolution, the council, at the request of the parties, may set forth the terms of the agreed settlement in the report. A copy of the agreement reached by t…

4.12.3210 CONFIDENTIALITY Article XII, Section 9, of the 1972 Constitution of the State of Montana provides for the right of all citizens to participate in the deliberations of public agencies, except where "the demand of individual privacy clearly exceeds the merits of public di…

4.12.3401 LABELING OF AGRICULTURAL SEEDS (REPEALED) Authorizing statute(s): 80-5-139, MCA Implementing statute(s): 80-5-139, MCA History: NEW, Eff. 5/6/76; REP, 2000 MAR p. 3334, Eff. 12/8/00.

4.12.3402 SEED LABORATORY ANALYSIS FEES The Montana seed laboratory, Montana State University, Bozeman, Montana will test samples of seeds submitted for purity, germination, and miscellaneous tests. All samples of seed analyzed and tested shall be at the following rates: Fees for…

4.12.3403 RULES AND REGULATIONS BY MONTANA STATE UNIVERSITY CERTIFICATION AGENCIES The Montana Seed Growers Association, Bozeman, Montana is the official state agency for the certification of all field crops, except potatoes. The Department of Agriculture and/or the Montana Seed …

4.12.3501 GENERAL REQUIREMENTS The department of agriculture, pursuant to 80-3-311 and 80-3-315, MCA, adopts grade standards and inspection procedures to enforce those grades as further set out in these rules. For the purposes of grading certified seed potatoes, the department he…

4.12.3502 SEED CLASS DESIGNATION At the time the tags are ordered by the grower, it shall be the responsibility of the MSU extension potato certification program to print clearly across the face of the appropriate grade tag the following: the proper class designation, growers nam…

4.12.3503 BLUE TAGS The official blue tag shall be used to designate seed lots that are the equivalent of the U.S. No. 1 grade with the following exceptions: size -- the minimum size shall be 1 1/2 ounces and the maximum size shall be 12 ounces. combined total length of growth cr…

4.12.3504 RED TAGS The official red tag shall be used to designate seed lots that are the equivalent of U.S. No. 2 grade with the following exceptions: size -- the minimum size shall be 1 1/2 ounces and the maximum shall be 12 ounces. growth cracks shall not be scored. surface or…

4.12.3505 BULK SHIPMENTS Potatoes shipped in bulk shall meet all official grade and MSU extension potato certification program requirements. All carriers shall be tagged in an appropriate manner. Official tag carrying information described in this section shall be used and, in ad…

4.12.3801 STANDARD CLASSES OF MUSTARD SEED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-307, 80-4-704 MCA Implementing statute(s): 80-4-301, 80-4-704 MCA History: NEW, Eff. 5/6/76; REP, 1998 MAR p. 345, Eff. 1/30/98.

4.12.3802 DEFINITIONS AND SPECIFICATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-307, 80-4-704 MCA Implementing statute(s): 80-4-302, 80-4-704 MCA History: NEW, Eff. 5/6/76; REP, 1998 MAR p. 345, Eff. 1/30/98.