4.12.3115    GENUINE GROWER DECLARATION FORM

(1) What is a genuine grower declaration form? A document required by state law when seeds are cleaned or conditioned that creates a written record to help comply with intellectual property laws. 

(2) What is required in a genuine grower declaration form? The grower declaration must contain:

(a) a statement that the grower either grew the seeds or from whom they received them;

(b) the kind and variety of seed if known; and

(c) a signature by the person requesting seed cleaning or conditioning.

(3) When is a genuine grower declaration form needed? Anytime any seed is cleaned or conditioned on equipment not owned by the farmer, the grower declaration is required. In most circumstances, the form should be signed before the cleaning or conditioning is performed, but a signature occurring before the seeds are returned to the farmer is allowed in cases where it is impractical to get a signature before the services are performed.

(4) Who keeps a copy of the genuine grower declaration form? Both the farmer and the business providing cleaning or conditioning services or rental equipment.

(5) Can the genuine grower declaration form be electronic? Yes.

(6) Must we use the genuine grower declaration form on the department's website? No. It is only an example. Each business can create a different form so long as it contains the requirements of this rule.

(7) How long must a genuine grower declaration form be retained?  The completed form must be retained for one year after the seed cleaning or conditioning occurred.

History: 80-5-139, MCA; IMP, 80-5-134, MCA; NEW, 2024 MAR p. 243, Eff. 2/10/24.