# Mont. Code Ann. § 80-5-130: 80-5-130 Licensing -- application -- fee

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-130

## Section

- **Citation:** Mont. Code Ann. § 80-5-130
- **Heading:** 80-5-130 Licensing -- application -- fee
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 80 / Chapter 5 / Part 1 / Section 80-5-130

## Text

80-5-130 . Licensing -- application -- fee. (1) All facilities located in the state that condition agricultural seed shall obtain a license from the department for each facility. However, a seed grower, when conditioning only seed from that grower's own production, is not required to be licensed under this part.

(2) Each seed conditioning plant shall post in a conspicuous location in the facility:

(a) its fees for conditioning services; and

(b) the license for the facility.

(3) A person whose name and address appear on the label of agricultural seed sold in Montana, as required by 80-5-123 , shall obtain a seed labeler's license from the department before doing business in Montana. The following persons, however, are excluded from the licensing requirements under this subsection:

(a) a Montana certified seed grower when labeling certified seed from that grower's own production;

(b) any person who updates germination test data by affixing to the package of seed a supplemental label bearing new germination data, the lot number, and the person's name and address; or

(c) a Montana grower who labels seed only of that labeler's own production with a gross annual sales value of $5,000 or less.

(4) A person who sells agricultural seed in Montana shall obtain a seed dealer's license from the department for each place where seed is located or sold, except for:

(a) a person who sells seed only in sealed packages of 10 pounds or less;

(b) a person who sells seed that has a gross sales value of $1,000 or less a year;

(c) a person who sells seed only to a Montana-licensed seed dealer, labeler, or conditioner; or

(d) a Montana grower selling only seed of that grower's own production with a gross annual sales value of $5,000 or less.

(5) (a) The department may by rule adjust a license fee to maintain adequate funding for the administration of this part.

(b) The license fee may not be less than $50 a year or more than $200 a year for a person who is a Montana resident and who:

(i) sells, labels, or sells and labels seed;

(ii) is a seed dealer;

(iii) operates a seed conditioning plant; or

(iv) is a seed labeler.

(c) The license fee for a person who is a nonresident and who is:

(i) a seed dealer may not be less than $100 or more than $250 a year; or

(ii) a seed labeler may not be less than $50 or more than $200 a year.

(6) An application for a license under this section must be made in a manner and on forms provided by the department. The application must contain:

(a) the location of each seed conditioning plant if the application is for a seed conditioning plant license;

(b) a sample label if the application is for a seed labeler license; and

(c) a list of persons selling seed if required by department rule.

(7) Seed dealers shall provide with all shipments of agricultural seed a bill of lading or other evidence of delivery that includes:

(a) the names of:

(i) the seed dealer;

(ii) the shipper, if other than the seed dealer;

(iii) the buyer; and

(iv) the receiver, if other than the buyer; and

(b) the destination where the seed will be first unloaded.

## Nearby sections

- [Mont. Code Ann. § 80-5-120 80-5-120 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-120.md)
- [Mont. Code Ann. § 80-5-123 80-5-123 Label requirements for agricultural, vegetable, flower, and indigenous seeds](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-123.md)
- [Mont. Code Ann. § 80-5-124 80-5-124 Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-124.md)
- [Mont. Code Ann. § 80-5-125 80-5-125 Exchange of seed between labelers](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-125.md)
- [Mont. Code Ann. § 80-5-126 80-5-126 Analysis by seed laboratory -- reports](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-126.md)
- [Mont. Code Ann. § 80-5-127 80-5-127 Testing of submitted samples](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-127.md)
- [Mont. Code Ann. § 80-5-128 80-5-128 Laboratory testing of samples -- fees](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-128.md)
- [Mont. Code Ann. § 80-5-129 80-5-129 Certificate of test presumptive evidence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-129.md)
- [Mont. Code Ann. § 80-5-130 80-5-130 Licensing -- application -- fee](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-130.md)
- [Mont. Code Ann. § 80-5-131 80-5-131 Assessment on sales into Montana -- reporting -- rulemaking](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-131.md)
- [Mont. Code Ann. § 80-5-132 80-5-132 Deposit of funds -- seed account](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-132.md)
- [Mont. Code Ann. § 80-5-133 80-5-133 Inspection](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-133.md)
- [Mont. Code Ann. § 80-5-134 80-5-134 Prohibitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-134.md)
- [Mont. Code Ann. § 80-5-135 80-5-135 Screenings -- restrictions on movements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-135.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T80_C5_P1_S80-5-130. Check the current official text before relying on it. Not legal advice.
