Montana Code Annotated
Part 1. Seed Labeling -- Licensing -- Certification
80-5-131. Assessment on sales into Montana -- reporting -- rulemaking

80-5-131. Assessment on sales into Montana -- reporting -- rulemaking. (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 maintain adequate funding for the administration of this part. The assessment fee may not be less than 20 cents per $100 or more than 30 cents per $100 in gross annual sales of agricultural seed. Fees must be paid only if they total more than $5 in a reporting period.
(2) The department shall by rule establish:
(a) reporting requirements, including persons who shall report, the form of reports, the reporting period, and the scope of information to be reported;
(b) the due date applicable to reports; and
(c) penalty provisions applicable to reports that are not received by the due date, not to exceed $25 or 10% of the assessment due, whichever is greater.
(3) Failure to submit the report as required or to pay the assessment in full constitutes a violation subject to the penalty provisions of this chapter.
History: En. Sec. 13, Ch. 345, L. 1999; amd. Sec. 2, Ch. 263, L. 2003; amd. Sec. 2, Ch. 339, L. 2017.

Structure Montana Code Annotated

Montana Code Annotated

Title 80. Agriculture

Chapter 5. Agricultural Seed and Patented Plant Material

Part 1. Seed Labeling -- Licensing -- Certification

80-5-101. Repealed

80-5-102. Repealed

80-5-103. Renumbered 80-5-125

80-5-104. Repealed

80-5-105. Renumbered 80-5-134

80-5-106. Repealed

80-5-107. Repealed

80-5-108. Renumbered 80-5-126

80-5-109. Renumbered 80-5-127

80-5-110. Renumbered 80-5-128

80-5-111. Renumbered 80-5-129

80-5-112. Repealed

80-5-113. Repealed

80-5-114. through 80-5-119 reserved

80-5-120. Definitions

80-5-121. Renumbered 80-5-133

80-5-122. Renumbered 80-5-138

80-5-123. Label requirements for agricultural, vegetable, flower, and indigenous seeds

80-5-124. Exemptions

80-5-125. Exchange of seed between labelers

80-5-126. Analysis by seed laboratory -- reports

80-5-127. Testing of submitted samples

80-5-128. Laboratory testing of samples -- fees

80-5-129. Certificate of test presumptive evidence

80-5-130. Licensing -- application -- fee

80-5-131. Assessment on sales into Montana -- reporting -- rulemaking

80-5-132. Deposit of funds -- seed account

80-5-133. Inspection

80-5-134. Prohibitions

80-5-135. Screenings -- restrictions on movements

80-5-136. Administration -- stop sale order -- violation -- cancellation of license -- enforcement

80-5-137. Cooperation and agreements

80-5-138. Publication of reports

80-5-139. Rules -- promulgated by department

80-5-140. Application of sections

80-5-141. Rules by Montana state university-Bozeman -- certification agencies

80-5-142. Certification work on self-supporting basis

80-5-143. Withholding certification

80-5-144. Unlawful use of certification -- penalty