FOR IMMEDIATE RELEASE CONTACT: Donna Rise
December 26, 2006 (406) 444-3730

Increase in Civil Penalties Proposed for Seed Violations

HELENA, Mont. — The Montana Department of Agriculture is seeking public comment on a proposal to increase the civil penalties for first and second offenses of a state law protecting companies and universities that develop new crop varieties.

Seed sellers would pay $1,000 for a first or second offense rather than $200 and $500 under the existing rule for violations relating to improper sale of seed protected under the Plant Variety Protection Act. Seed industry officials requested the change to serve as a greater deterrent to so-called "brown bag" sales of proprietary seed varieties.

Comments must be received by January 18, 2007. A copy of the proposal can be found on the department's website at: http://agr.mt.gov/reference/administrativeRules.asp. The specific Administrative Rule of Montana that would be amended is ARM 4.12.3013, authorized under Montana Code Annotated section 80-5-139.

The proposed amendment does not change other penalties contained in the law, which also covers failure to obtain a seed license, false advertising, seed contaminants and other provisions designed to protect seed purchasers.

Comments on the proposed rule change can be addressed to Greg Ames, the department's Agricultural Sciences Division administrator at 406-444-3730 or by email at agr@mt.gov.

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