Title 80, Title 80

(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…

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Apiary" means a location where one or more colonies of bees are kept or one or more hives containing honeycombs or bee combs are kept. (2) "Bee diseases" means a disease or abnormal cond…

(1) A person who owns or possesses an apiary in the state shall, before April 1 each year, reregister the apiary site. A person who owns or possesses any bees, hives, colonies, or beekeeping equipment in this state or who owns or possesses an apiary in this state and who fails or…

(1) An owner of a registered apiary site may not change the location of the apiary site without first receiving authorization from the department to establish the new apiary site if the apiary site is outside the currently registered quarter section. In making the application, th…

(1) Except for a hobbyist apiary site, the registration of an apiary site that is not stocked with at least 10 working hives for 10 consecutive days between April 1 and October 1 of each year is considered forfeited. Exceptions may be granted by the department if sites cannot be …

(1) At the time a new application to register an apiary site is submitted to the department by an owner or applicant not currently registered in the department's apiary database, the owner or applicant shall pay an application fee. Except as provided in subsection (2), the fee ma…

As used in this part, the following definitions apply: (1) "Bee" means any stage in the life cycle of a bee of the species Megachile rotundata (F), commonly known as the alfalfa leaf-cutting bee. (2) "Department" means the department of agriculture established in 2-15-3001. (3) "…

The department or its agent may develop and maintain a laboratory for the purpose of providing analytical services. The laboratory may be authorized by the department to provide services to persons possessing any bees or equipment on a fee-for-service basis.

(1) Fees authorized to be charged by this part must be set by department rule. (2) There is an account in the state special revenue fund known as the leaf-cutting bee account for use by the department. The account is made up of: (a) fees collected under this part; and (b) any gra…

(1) In order to control, limit, and prevent the spread of bee diseases, pests, and other contagious or infectious diseases among bees, hives, and apiaries and to control, limit, and prevent interference with the proper feeding and honey flow, as it relates to bee health of establ…

(1) A person may not possess or control alfalfa leaf-cutting bees in this state unless the bees are registered as provided in this section. (2) To register bees, a person shall file a completed application form provided by the department, together with the registration fee set by…

(1) The department may grant pollination apiary site registrations to commercial seed producers, fruit producers, or other commercial agricultural producers under the following conditions: (a) (i) the applicant must own, lease, or rent the land upon which the pollination apiary s…

(1) The department may grant landowner apiary site registrations under the following conditions: (a) The applicant must be a landowner and must own the land upon which the apiary site will be located. (b) The applicant must own the bees and the hives that will be placed on the ap…

(1) The department may grant hobbyist apiary site registrations to hobbyist beekeepers under the following conditions: (a) the applicant may not own a total of more than 10 hives, and all of the hives must be placed on the hobbyist apiary site; (b) the applicant shall own the bee…

(1) To prevent the spread of pests and contagious and infectious disease among bees and apiaries, the department may: (a) enter private land containing an apiary site and fly over or enter any farm, railroad right-of-way, or other grounds or premises containing an apiary site to …

(1) Bees and beekeeping equipment, unless under a certificate of health that allows for seasonal transportation of bees and beekeeping equipment into Montana without inspection, that are transported into Montana from another state must be certified as pest-free and disease-free b…

A person or common carrier may not transport or bring bees into this state in packages or queen cages unless the packages or queen cages are accompanied by a certificate of health issued by the official inspector of the state or country from which they came.

An order or rule adopted by the department, including an order refusing a permit for the establishment of a new apiary location, is effective until reversed or modified by a final decision of a court of competent jurisdiction and while such action is pending, as defined in 25-1-1…

(1) (a) Except as provided in subsection (2), a person violating or aiding in the violation of parts 1 through 3 of this chapter or rules adopted under parts 1 through 3 is subject to an administrative civil penalty of not more than $1,000 for each offense. Assessment of a penalt…

The department or a party designated by the department may develop and maintain a laboratory to provide disease and pest analytical services required to carry out the provisions of this part. The laboratory may be authorized by the department to provide services to persons posses…

(1) There is an apiary account in the state special revenue fund established in 17-2-102. All funds received by the department under parts 1 through 3 must be deposited in the apiary account. (2) The department may direct the board of investments to invest the funds collected und…

This part may be cited as the "Montana Aquatic Invasive Species Act".

(1) The legislature finds that: (a) invasive species can wreak damage on the economy, environment, recreational opportunities, and human health in Montana; (b) there is reason to be concerned about the further introduction, importation, and infestation of Eurasian watermilfoil (M…

As used in this part, the following definitions apply: (1) "Departments" means the department of agriculture, the department of fish, wildlife, and parks, the department of natural resources and conservation, and the department of transportation. (2) "Drain plug" means a valve or…

(1) There is an invasive species account in the state special revenue fund. The account is administered by the department of fish, wildlife, and parks. (2) Money transferred from any lawful source, including but not limited to fees collected pursuant to 15-65-121, 15-72-601, and …

(1) In order to implement, administer, and accomplish the purposes of this part, the departments, collectively or individually, shall enter into a cooperative agreement with each other or may enter into an agreement with any person with the appropriate expertise and administrativ…

(1) The departments shall prepare a list of invasive species and identify those departments and other public agencies with jurisdiction over each species on the list. The jurisdiction of each department for the prevention and control of invasive species is according to the depart…

(1) Unless otherwise provided in Title 81, chapters 2 and 7, or this chapter, each of the departments may adopt rules for the prevention, early detection, and control of invasive species under the departments' jurisdiction, including rules for the: (a) implementation of the invas…

(1) Except as provided in 80-7-1015, when an invasive species is identified as infesting or threatening an area, the department with jurisdiction over that invasive species may designate and administer an invasive species management area for a specific area of land or for a body …

(1) The department designating an invasive species management area pursuant to 80-7-1008 shall work cooperatively with any affected land managers and landowners within the boundaries of the designated area to establish prevention, treatment, control, and eradication methods best …

(1) The owner, operator, or person in possession of any vessel or equipment authorized for use in an invasive species management area shall comply with any regulations imposed pursuant to 80-7-1008(3)(b) and provide proof of compliance upon request of a department or its designee…