ARM 4.12.3013
ARM 4.12.3013. CIVIL PENALTIES – MATRIX
Cite as Mont. Admin. R. 4.12.3013
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