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
Chapter 5. Agricultural Seed and Patented Plant Material
Part 1. Seed Labeling -- Licensing -- Certification
80-5-114. through 80-5-119 reserved
80-5-123. Label requirements for agricultural, vegetable, flower, and indigenous seeds
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
80-5-135. 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