Mont. Admin. r. 4.12.3013
Current through Register Vol. 23, December 6, 2024
| Type of Violation | 1st Offense | 2nd Offense | Subsequent Offenses |
| (1) Fail to obtain a license. | $200 | $500 | $1000 |
| (2) Misrepresent information supplied regarding exemption from licensing requirements. | 200 | 500 | 1000 |
| (3) Sell or transport seed lots that: | |||
| (a) contain technical violations in labeling that do not seriously affect the quality of seed; | 100 | 300 | 500 |
| (b) contain more than 2% common weed seeds; | 200 | 500 | 1000 |
| (c) contain restricted weed seed above the tolerances; | 200 | 500 | 1000 |
| (d) contain prohibited noxiousweed seed; | 200 | 500 | 1000 |
| (e) contain technical violations in labeling that seriously affect the quality of the lot of seed; | 200 | 500 | 1000 |
| (f) have expired germination test; | 100 | 300 | 500 |
| (g) are falsely or misleadingly advertised; and | 200 | 500 | 1000 |
| (h) are misbranded or mislabeled. | 200 | 500 | 1000 |
| (4) Sell, transport, label, advertise, or represent seed as certified seed: | |||
| (a) without a label issued by the seed certifying agency; and | 100 | 300 | 500 |
| (b) without a determination from the seed certifying agency that the seed conforms to standards. | 200 | 500 | 1000 |
| Type of Violation | 1st Offense | 2nd Offense | Subsequent Offenses |
| (5) Sell or transport seed that is protected under the Plant Variety Protection Act without: | |||
| (a) authority of the owner; and | $1000 | $1000 | $1000 |
| (b) the required seedcertification. | 1000 | 1000 | 1000 |
| (6) Detach, alter, deface, or destroy a label. | 300 | 600 | 1000 |
| (7) Alter or substitute seed. | 300 | 600 | 1000 |
| (8) Disseminate false or misleading advertisement. | 300 | 600 | 1000 |
| (9) Hinder or obstruct an authorized person in performanceof duties. | 500 | 1000 | 1000 |
| (10) Fail to comply with a stop sale order. | 1000 | 1000 | 1000 |
| (11) Fail to comply with Title 80, chapter 5, part 1, MCA or rules promulgated thereunder. | 100 | 300 | 500 |
| (12) Use "trace" as a substitute for required statement. | 100 | 300 | 500 |
| (13) Use "type" in labeling in connection with variety name. | 100 | 300 | 500 |
| (14) Move or use screenings in violation of 80-5-135, MCA. | 200 | 500 | 1000 |
| (15) Fail to pay assessment. | 1000 | 1000 | 1000 |
| (16) Fail to submit a report of sales. | 200 | 500 | 1000 |
Mont. Admin. r. 4.12.3013
80-5-139, MCA; IMP, 80-5-136, MCA;