4.12.3013 CIVIL PENALTIES – MATRIX
| 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
|
History: 80-5-139, MCA; IMP, 80-5-136, MCA; NEW, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2007 MAR p. 187, Eff. 2/9/07.