Administrative Rules of Montana
Department 4 - AGRICULTURE
Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION
Subchapter 4.12.30 - Seed Warehouse Rules
Rule 4.12.3013 - CIVIL PENALTIES - MATRIX
Universal Citation: MT Admin Rules 4.12.3013
Current through Register Vol. 18, September 20, 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 |
80-5-139, MCA; IMP, 80-5-136, MCA;
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