80-5-139. Rules -- promulgated by department.
80-5-139. Rules -- promulgated by department. (1) The department is authorized to promulgate necessary rules as authorized by this part. All rules are to be promulgated in accordance with procedures as set forth in the Montana Administrative Procedure Act.
(2) Rules may address but are not limited to the following subjects:
(a) designation of kinds of seed as agricultural, vegetable, flower, or indigenous;
(b) designation of kinds of seed that must be labeled as to variety name;
(c) designation of kinds and varieties of flower seeds that may be labeled according to type and performance characteristics;
(d) standards for determining and stating pure live seed, germination, or viability;
(e) plants to be designated as weeds, restricted weeds, and prohibited weeds and standards for allowing weeds and restricted weeds in seeds;
(f) procedures for implementing the administrative provisions of 80-5-136;
(g) procedures for implementing and administering civil penalties, including establishing a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under 80-5-136;
(h) procedures for submitting applications for licensing and establishing the period for which licenses are issued under 80-5-130;
(i) minimum standards for equipment and handling procedures for facilities that require licensing, including sellers and distributors of agricultural seed, seed labelers, and conditioning plants;
(j) standards that restrict or exempt from restriction the holding and movement of screenings, when in the public interest;
(k) recordkeeping requirements for persons who handle agricultural, vegetable, flower, or indigenous seeds, including file samples of seed for each lot handled for a period of time up to 2 years.
(3) The department may promulgate rules related to the operation of the state seed laboratory. The rules may include but are not limited to procedures for submitting seed samples and rates charged for seed analysis.
History: En. Sec. 6, Ch. 442, L. 1973; R.C.M. 1947, 3-315; amd. Sec. 8, Ch. 20, L. 1979; amd. Sec. 6, Ch. 345, L. 1999; Sec. 80-5-206, MCA 1997; redes. 80-5-139 by Code Commissioner, 1999.