Title 80, Title 80

The seed laboratory of the agricultural experiment station shall analyze and test seeds sold or offered or exposed for sale in this state at a time and place and to the extent the director of the agricultural experiment station determines. The laboratory shall report to the depar…

The seed laboratory shall analyze any official seed samples taken from seed lots offered for sale in the state or submitted by the department, using methods such as those established under the Federal Seed Act and the procedural guidelines developed by the association of official…

(1) Any citizen of this state may request that the seed laboratory examine, analyze, or test samples of seed upon payment of the fee and compliance with procedures governing the submission of seed samples for that service. (2) Samples of seed analyzed and tested must be charged f…

The certificate of the seed laboratory, giving results of any examinations, analyses, or tests of any seed samples made under the authority of the department, is presumptive evidence of the correctness of the facts stated in it.

(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 s…

(1) Except as provided in this subsection, seed labelers located outside Montana who sell agricultural seed in Montana shall report those sales and pay a fee of 20 cents per $100 in gross annual sales of agricultural seed. The department may by rule adjust the assessment fee to m…

(1) There is an account in the state special revenue fund to be known as the seed account. All inspection, license, assessment, filing, and penalty fee revenue collected under this chapter must be deposited in the seed account. Funds received from any source, such as gifts, grant…

Consistent with the responsibilities of this chapter, authorized representatives of the department, upon presentation of department-issued credentials, may enter, at reasonable times or under emergency conditions, any public or private premises, including any vehicle of transport…

(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 …

All screenings, whether from seed conditioning plants or other sources, represent both a valuable and potentially hazardous product. Their movements are restricted as follows: (1) The viability of prohibited noxious weed seed as defined in 80-5-120 shall be destroyed before scree…

(1) The department shall administer and enforce the provisions of this part and the rules promulgated under this part. (2) The department may issue and enforce a written or printed stop sale order to the owner or custodian of any lot of seed that the department finds to be in vio…

The department may cooperate with and enter into agreements with other governmental agencies, universities, and private entities to carry out the provisions of this part.

The department may publish the names and addresses of persons licensed under this chapter.

(1) The department is authorized to promulgate necessary rules as authorized by this part. All rules are to be promulgated in accordance with procedures as set forth in the Montana Administrative Procedure Act. (2) Rules may address but are not limited to the following subjects: …

A person, firm, association, or corporation that issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or written or printed representation or description pertaining to seeds or plant parts intended for propagation or sale o…

Every person, firm, association, or corporation subject to the provisions of 80-5-140 through 80-5-144 shall observe, perform, or comply with all rules and standards for seed certification established or specified by Montana state university-Bozeman, hereafter referred to as the …

Certification work, whether conducted by said university or by an agency designated by it, shall be on a self-supporting basis and not for financial profit.

The said university or its designated agency or agencies may withhold certification from any grower of seeds or plant parts who is engaged in or attempting to engage in any dishonest practices for the purpose of evading the provisions of 80-5-140 through 80-5-144, including stand…

A person, firm, association, or corporation may not issue, make, use, or circulate any document purporting to be or represented as a seed or plant part certification certificate, represent seeds or plant parts as certified, or use the term "Montana state certified", "state certif…

This part may be cited as the "Seed Potato Disease Control Act".

As used in this part, the following definitions apply: (1) "Certified seed potatoes" means potato seed stock that has passed limited field and storage inspections and that has been grown in accordance with the certification rules and regulations of an official seed potato certify…

(1) To control and prevent the spread of contagious diseases among seed potato stock, seed potatoes may not be imported into this state for any commercial purpose unless the seed potatoes are: (a) from seed stock produced as a part of a certified seed potato crop in the state or …

(1) To control and prevent the spread of contagious diseases and viruses among seed potato stock, it is unlawful for any person to plant or produce potatoes, either seed or commercial, from any seed potato stock unless the seed potatoes are: (a) from seed stock produced as a part…

(1) The department shall administer and enforce the provisions of this part. (2) When potatoes are found to be in violation of this part, the department may issue orders: (a) restricting transportation of the potatoes; (b) requiring treatment or destruction of the potatoes; or (c…

(1) As a prerequisite to a buyer's rights to maintain legal action against a dealer or any other seller of agricultural seed for a claim as provided in subsection (2), the buyer shall submit the claim to alternative dispute resolution as provided in 80-5-506 and this section. (2)…

A notice calling attention to the requirement for alternative dispute resolution under 80-5-501 must be included on the label required under 80-5-123, on the bulk certificate, or otherwise attached to or printed on the agricultural seed bag or package. Alternative dispute resolut…

(1) The buyer or the seller may commence legal proceedings against the other party or assert a claim as a counterclaim or defense in an action brought by the seller or buyers after the receipt of the report of alternative dispute resolution as provided in 80-5-507. (2) In litigat…

(1) The purpose of the alternative dispute resolution council is to conduct alternative dispute resolution, as provided in this part, on an as-needed basis when an alternative dispute resolution complaint has been filed. The council must be called into session by the director of …

(1) The alternative dispute resolution council or its members may: (a) examine the buyer and the seller on all matters that the council considers relevant; (b) grow a representative sample of the agricultural seed to production stage under the director's supervision through the f…

(1) A buyer may institute alternative dispute resolution by filing a sworn complaint and a $250 filing fee with the director of the department. The buyer shall serve a copy of the complaint on the seller by certified mail or as otherwise provided in state law. Except in a case of…

(1) The report of the alternative dispute resolution council must: (a) include findings of fact and recommendations regarding costs, if any; and (b) consider the written summary provided when an investigation is delegated as provided in 80-5-505. (2) The director shall send copie…

Costs of alternative dispute resolution that exceed the amount paid in filing fees must be assessed to the nonprevailing party or equally distributed between the parties to the extent that the parties have agreed in writing to the equal distribution.

(1) The agricultural seed contract alternative dispute resolution program must be administered by the department. (2) The department may adopt rules that are necessary for the efficient administration of this part. The rules may include but are not limited to: (a) the content and…

Filing fees and reimbursed costs must be deposited in the seed account established in 80-5-132 for the purpose of funding costs of investigation and alternative dispute resolution. Funds deposited under this section are to pay actual expenses incurred by the department to adminis…

(1) The legislature finds that: (a) the production of diverse agricultural crops is critical to the economic stability of Montana; (b) Montana's agricultural companies and producers strive to operate their companies and grow their crops pursuant to generally accepted farming prin…

As used in this part, the following definitions apply: (1) "Grower" means the person responsible for planting and managing a crop on land where infringement of an intellectual property right is suspected to have occurred. (2) "Person" means an individual, firm, association, corpo…

(1) When an intellectual property owner or that person's agent makes a claim that a grower has planted, grown, or retained seed or any other plant part from a protected plant in violation of the intellectual property rights of another person, the claimant shall: (a) request permi…

(1) Except as provided in subsection (8), a claimant shall seek mediation before seeking judicial relief regarding a claim that a grower has planted, grown, or retained seed or any plant part from a protected plant in violation of the intellectual property rights of another perso…

If a contract between a grower and a claimant of an intellectual property right violation is silent with regard to venue for any legal proceedings regarding intellectual property rights, venue must be in the district court for the district in which the alleged intellectual proper…

The department shall adopt rules for the purposes of implementing this part. The rules must include but are not limited to: (1) the procedure for requesting the department's presence during sampling; (2) the fees to be charged for the department's attendance and sampling services…