2005 Montana Code Annotated - 80-4-429 — Penalty.

     80-4-429. Penalty. (1) Except as otherwise provided, a person who violates any provision of parts 4 through 7 of this chapter or rules promulgated under parts 4 through 7 or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or an authorized representative in the performance of a duty under parts 4 through 7 of this chapter is guilty of a misdemeanor.
     (2) A person who refuses to permit inspection of licensed premises, books, accounts, records, or other documents required by parts 4 through 7 of this chapter or who uses a scale weight ticket or purchase contract that fails to satisfy the requirements of parts 4 through 7 of this chapter is guilty of a misdemeanor.
     (3) A person acting as a commodity dealer or warehouse operator who knowingly sells warehouse-receipted agricultural commodities that the person is not authorized to sell or who fails to pay for purchased agricultural commodities is guilty of a felony.
     (4) A person exempted from licensure as a commodity dealer under the provisions of 80-4-402(5)(b)(vi) who fails to pay in full all amounts due to a producer for the sale of agricultural commodities is guilty of a felony and is also subject to any additional administrative penalty authorized by this chapter.
     (5) A person is guilty of a felony if that person knowingly delivers to a commodity dealer or warehouse operator or upon the exercise of reasonable diligence should have known of the delivery to that person of an agricultural commodity that contains:
     (a) a nitrogen fertilizer added to harvested grain;
     (b) a poisonous, deleterious, or other substance not registered or approved by federal or state statutes, regulations, or rules; or
     (c) a registered or approved substance that has not been used or applied according to label directions or other government standards.

     History: En. Sec. 20, Ch. 539, L. 1983; amd. Sec. 2, Ch. 299, L. 1991; amd. Sec. 5, Ch. 452, L. 1993; amd. Sec. 2, Ch. 337, L. 1995; amd. Sec. 6, Ch. 76, L. 1997; amd. Sec. 2, Ch. 168, L. 2001.