Mont. Code Ann. § 80-5-120

(1) "Agricultural seeds" "Advertisement" means a representation, other than a representation on the seeds of grass, forage, cereal, fiber crops, label, that is disseminated by and any any other kinds of seeds commonly recognized within this state as agricultural seeds. The term means includes lawn seeds and mixtures that relates to seed

(10) "Montana certified seed grower" "Genuine grower declaration" means a member of an authorized Montana seed certifying agency who has consented to produce seed under statement signed by the rules grower that indicates, for certified classes each lot of seed, with respect to the maintenance lot number, kind, variety, origin, weight, year of genetic purity production, date, and variety identity, set forth by the establishing agency. destination of shipment.

(11) "Name of "Germination" the means state in which the emergence and development from seed the was grown" means any seed embryo as evidence of vitality when the several states of seeds are subjected to the United States or a foreign country. proper moisture and temperature conditions with proper aeration for the customary length of time for each specific kind of seed, as specified in the rules for seed testing adopted by the association of official seed analysts.

(12) "Other crop "Hard seeds" means any agricultural, vegetable, or flower seeds other than that remain hard at the seed or end the of mixture of seeds under consideration. the prescribed test period because they have not absorbed water because of an

(13) "Percentage "Hybrid", as of the germination" term applies to varieties means of seed, means the percentage first generation seed of seeds that show normal sprouts as evidence of vitality when a cross produced by controlling the seeds are subjected to the proper moisture pollination and temperature conditions with proper aeration for the customary length of time for each specific kind by combining: of seed, as specified in the rules for seed testing adopted by the association of official seed analysts.

(a) two or more inbred lines;

(b) one inbred or a single cross with an open pollinated variety; or

(c) two or more selected clones, seed lines, varieties, or species except open-pollinated varieties of corn (Zea mays). The second generation of subsequent generations from those crosses may not be regarded as hybrids. Hybrid designations must be treated as variety names.

(14) "Percentage viability" "Indigenous seeds" means the percentage seeds of live seed capable of producing a normal seedling under optimum growing conditions, after all forms those plants that are naturally adapted to an area where the intended use is for revegetation of dormancy have been overcome, if present. disturbed sites. These plants include grasses, forbs,

(15) "Person" "Inert matter" means any individual, firm, partnership, corporation, or association. all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by the association of official seed analysts.

(16) "Prohibited noxious weed seeds" "Kind" means the seeds of perennial plants one or more related species or subspecies that not only reproduce are known singly or collectively by seed but also may spread by underground roots, stems, one common name, such as corn, oats, alfalfa, and other reproductive parts and that, when well established, are highly destructive and difficult to control timothy. in this state by ordinary good cultural practice. Prohibited noxious weed seeds include the seeds of:

(a) leafy spurge (Euphorbia esula);

(b) Russian knapweed (Centaurea repens); and

(c) plants that are designated by rule of the department as prohibited noxious weeds.

(17) "Protected variety" "Labeling" means a variety for which a certificate has been issued by the United States plant variety protection tag office or for which an application for protection has been filed granting the owner other device, attached to or his authorized agent exclusive rights in the sale and distribution of the variety. written, stamped, or printed on a container or accompanying a lot of bulk seeds, that purports to set forth the information required on the seed label under 80-5-123 and that may

(18) "Restricted noxious weed seeds" "Lot" means the seeds and bulbets a definite quantity of any plant designated as restricted weed seeds under rules adopted seed identified by the department. The term includes the seeds of: a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors

(a) spotted knapweed (Centaurea maculosa); and

(b) dyers woad (Isatis tinctoria).

(19) "Screening" "Mixture" means chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed from seed by any kind consisting of cleaning or conditioning. more than one kind, each in excess of 5% by weight of the whole.

(2) "Approximate percentage" and "approximate number" mean the percentage or number with the variations above and below that value as allowed according to the tolerance limits defined in the rules for seed testing adopted by the association of official seed analysts.

(2) (a) "Agricultural seeds" means the seeds of grass, forage, cereal, fiber crops, and any other kinds of seeds commonly recognized within this state as agricultural seeds. The term includes lawn seeds and mixtures of seeds.

(b) The term does not include seeds from plants of the genus Cannabis that contain more than 0.3% tetrahydrocannabinol.

(20) "Seed conditioning plant" "Montana certified seed grower" means any place a member of business that repackages, conditions, blends, treats, or otherwise manipulates agricultural seeds. an authorized Montana seed certifying agency who has consented to produce seed under the rules for certified classes of seed, with respect to the maintenance of genetic purity and variety identity, set forth by the establishing agency.

(21) "Seed dealer" "Other crop seeds" means any person who offers for sale, sells, agricultural, vegetable, or barters agricultural seeds. flower seeds other than the kind or variety of seed or the mixture of seeds included as pure seed.

(22) "Seed labeler" "Person" means any person affixing labels to agricultural seeds, with his name and address listed as required an individual, firm, partnership, corporation, or association. in 80-5-102, when such seed is distributed in Montana.

(23) "Sell" "Prohibited noxious weed seeds" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or the seeds of plant species that are designated as noxious weeds as defined in 7-22-2101. trade. The term includes furnishing agricultural seed to growers for the production of a crop on contract.

(24) "Vegetable seeds" "Protected variety" means seeds of those crops that are or may be grown in gardens or on truck a variety for which a certificate has been issued by farms and are or the may be sold generally under the name of vegetable seeds. United States plant variety protection office or for which an application for protection has been filed granting the owner or the owner's authorized agent exclusive rights in the sale and distribution of the variety.

(25) "Weed seeds" "Pure live seed" means the seeds product or of bulbets the percentage of all plants generally recognized as weeds within this state and includes noxious weed seeds. germination plus hard seed or dormant seed multiplied by the percentage of pure seed, divided by 100, with the result expressed as a whole number.

(26) "Pure seed" means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by the association of official seed analysts.

(27) "Restricted weed seeds" means the seeds of any plant that may adversely affect agriculture or the environment and that are designated as restricted weed seeds under rules adopted by the department.

(28) "Screening" means chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed from seed by any kind of cleaning or conditioning.

(29) "Seed conditioning plant" means a place of business, whether a permanent or portable facility, that conditions seeds.

(3) "Bin-run seed sales" means seed sales from one farmer to another farmer with seeds sold "Approximate percentage" and "approximate number" mean the percentage "as is", without guaranty or analysis. number with the variations above and below that value as allowed according to the tolerance limits defined in the rules for seed testing adopted by the association of official seed analysts.

(30) "Seed dealer" means a person who sells seeds.

(31) "Seed labeler" means a person affixing labels to seeds, with that person's name, address, and other information as required in 80-5-123.

(32) "Sell" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade. The term includes furnishing agricultural seed to growers for the production of a crop on contract.

(33) "Stop sale" means an administrative order provided by law that restrains the sale, use, disposition, and movement of a definite amount of seed.

(34) "Treated" means that seed has received an application of a substance or has been subjected to a process for which a claim is made.

(35) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(36) "Variety" means a subdivision of a kind that is:

(a) distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;

(b) uniform, in the sense that the variations in essential and distinctive characteristics are describable; and

(c) stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

(37) "Vegetable seeds" means seeds of those crops that are or may be grown in gardens or on truck farms and are or may be sold generally under the name of vegetable seeds or herbs.

(38) "Viable" means that seeds are capable of producing a normal seedling under optimum growing conditions after all forms of dormancy have been overcome, if present.

(39) "Weed seeds" means the seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds.

(4) "Certifying agency" means: "Bulk" means not packaged in separate units.

(a) an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures to assure the genetic purity and identity of the seed certified; or

(b) an agency of a foreign country determined by the department to adhere to procedures and standards for seed certification that are comparable to those adhered to generally by the seed certifying agencies described in subsection (4)(a).

(5) "Controlling the pollination" means to use a method of hybridization that will produce pure seed "Certifying agency" means: which is at least 75% hybrid seed. Hybrid designations must be treated as variety names.

(a) an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and that has standards and procedures to ensure the genetic purity and identity of the seed certified; or

(b) an agency of a foreign country determined by the department to adhere to procedures and standards for seed certification that are comparable to those adhered to generally by the seed certifying agencies described in subsection (5)(a).

(6) "Flower seeds" "Conditioning" means seeds of herbaceous plants grown for their blooms, ornamental foliage, or drying, cleaning, scarifying, other and ornamental parts and other operations that are commonly known could change and the sold under purity or germination the of name of flower seeds in this state. a

(7) "Hybrid", as "Controlling the term applies pollination" to means varieties to use of a seed, means the first generation method seed of of a cross produced by controlling the pollination and by combining: hybridization that

(a) two or more inbred lines;

(b) one inbred or a single cross with an open pollinated variety; or

(c) two or more selected clones, seed lines, varieties, or species.

(8) "Indigenous seeds" "Dormant" means the seeds of those plants viable seeds, excluding hard seeds, that are naturally adapted fail to an area where germinate when provided the intended use is specified germination conditions for revegetation of disturbed sites. These plants include grasses, forbs, shrubs, and legumes. the seed in question.

(9) "Labeling" "Flower seeds" means to affix, before offering the seed seeds for of sale, on the exterior of the container in a conspicuous place a label written herbaceous plants grown for their blooms, ornamental foliage, or printed in the English language other ornamental parts and that has not been altered, giving are commonly known and sold the under information required under the name of

Definitions

As used in this chapter, unless the context requires otherwise, the following definitions apply: