Mont. Code Ann. § 81-21-102 — MT Code / Title 81 / Chapter 21 / Part 1 / Section 81-21-102
81-21-102 Licensing of milk plants and dairies selling milk or cream for public consumption
Status: in_force

81-21-102 . Licensing of milk plants and dairies selling milk or cream for public consumption. (1) Except for a small dairy, it is unlawful for the following businesses to operate in this state without first obtaining a license from the department:

(a) a dairy selling milk or cream for public consumption in the form in which it is originally produced;

(b) a condensed, evaporated, or powdered milk plant;

(c) a fluid milk plant.

(2) A license expires on December 31 of the year issued. The department may, following the procedures in the Montana Administrative Procedure Act, deny, suspend, or revoke a license when it determines that a person to whom the license is issued has failed to comply with the rules of the department or has failed to conduct the person's establishment in a sanitary manner. All license fees collected must be deposited into the general fund.

(3) The department may issue a restraining order prohibiting a dairy from selling or giving away milk or cream not produced or handled under the laws of this state or the rules of the department. It is unlawful for a dairy, while restrained, to sell or give away for public consumption milk or cream produced or handled by the dairy, and it is also unlawful for a dairy products manufacturing plant, milk plant, or cream station to purchase or use the cream or milk from a dairy while the dairy is restrained.

(4) The department shall establish license fees for the following facilities:

(a) a condensed, evaporated, or powdered milk factory;

(b) a fluid milk plant; and

(c) a dairy.

(5) A person violating this section is guilty of a misdemeanor.
Mont. Code Ann. § 81-23-407 — MT Code / Title 81 / Chapter 23 / Part 4 / Section 81-23-407
81-23-407 Appeal of action or decision
Status: in_force

81-23-407 . Appeal of action or decision. An entity receiving notice of a violation of a provision of this chapter may within 60 days of receiving the notice from the department or board submit a request to the board for a contested case proceeding pursuant to Title 2, chapter 4, part 6. Upon receiving a request, the board shall appoint a hearings examiner to conduct the hearing and issue a proposal for decision. The board shall issue a final decision within 90 days of receiving the proposal for decision.
Mont. Code Ann. § 81-22-206 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-206
81-22-206 Licensing of graders, weighers, and samplers
Status: in_force

81-22-206 . Licensing of graders, weighers, and samplers. It is unlawful for a person to grade, weigh, or sample milk or cream to be used for processing into grade A milk and cream or used in manufactured dairy products without first procuring a license as a grader, weigher, and sampler from the department and passing the examination required by the department.
Mont. Code Ann. § 81-7-604 — MT Code / Title 81 / Chapter 7 / Part 6 / Section 81-7-604
81-7-604 Proceeds of skins taken
Status: in_force

81-7-604 . Proceeds of skins taken. All furs, skins, and other portions of predatory animals taken through the expenditure of license fees must be sold and the proceeds of the sale deposited in the predatory animal control fund for use in carrying out the purpose of this part.
Mont. Code Ann. § 81-1-303 — MT Code / Title 81 / Chapter 1 / Part 3 / Section 81-1-303
81-1-303 Administrator's expertise to be considered
Status: in_force

81-1-303 . Administrator's expertise to be considered. In any action taken by the board in 81-2-102 and 81-20-101 , the board shall ask for and consider the expertise and judgment of the administrator of the laws relating to animal health.
Mont. Code Ann. § 81-4-204 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-204
81-4-204 Male equine animals not to run on open range
Status: in_force

81-4-204 . Male equine animals not to run on open range. It shall be unlawful for any owner, person, firm, corporation, or association having the management or control of any stallion, ridgeling, unaltered male mule, or jackass over the age of 1 year to permit or suffer such animal to run at large on the open range.
Mont. Code Ann. § 81-7-501 — MT Code / Title 81 / Chapter 7 / Part 5 / Section 81-7-501
81-7-501 Aerial hunting prohibited -- exceptions
Status: in_force

81-7-501 . Aerial hunting prohibited -- exceptions. (1) Except as provided in 81-7-505 , a person, except an employee of the state, its subdivisions, or the federal government who is acting within the scope of the person's employment, may not engage in the aerial hunting of predatory animals, as defined in 81-7-101 , without first obtaining a permit from the department of livestock. The permit must specify the species of predatory animals to be hunted and the geographic areas over which aerial hunting may take place.

(2) A person issued a permit as required by this section may not engage in aerial hunting of predatory animals in violation of the terms of the permit, the rules promulgated by the board of livestock, or the terms of this part.
Mont. Code Ann. § 81-2-501 — MT Code / Title 81 / Chapter 2 / Part 5 / Section 81-2-501
81-2-501 Definitions
Status: in_force

81-2-501 . Definitions. When used in this part, the following definitions apply:

(1) (a) "Garbage" means:

(i) waste material derived in whole or in part from the meat of an animal, including fish and poultry, or from other animal materials, including animal carcasses;

(ii) other waste materials resulting from the handling, preparation, cooking, or consumption of food; or

(iii) packaging materials.

(b) The term does not include other waste materials that do not contain animal products.

(2) "Person" means the state, any municipality, political subdivision, school district, institution, public or private corporation, individual, partnership, or other entity.
Mont. Code Ann. § 81-7-502 — MT Code / Title 81 / Chapter 7 / Part 5 / Section 81-7-502
81-7-502 Rulemaking authority
Status: in_force

81-7-502 . Rulemaking authority. The department of livestock may adopt rules to effectuate the purposes of this part and to implement and conduct the aerial hunting permit system provided for by this part.
Mont. Code Ann. § 81-22-415 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-415
81-22-415 Pasteurization labeling
Status: in_force

81-22-415 . Pasteurization labeling. It is unlawful for a person to sell, offer for sale, exchange, or have in the person's possession milk, cream, or a manufactured dairy product in a container or package marked or labeled or in any way designating the contents of the container or package as "pasteurized" unless it has been treated by an approved process of pasteurization as required by the department.
Mont. Code Ann. § 81-6-106 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-106
81-6-106 Discontinuing county livestock protective committee
Status: in_force

81-6-106 . Discontinuing county livestock protective committee. Upon receipt of a petition or petitions signed as provided in 81-6-101 , the board of county commissioners shall discontinue a county livestock protective committee. The discontinuance of the committee does not affect any fee imposed prior to the receipt of the petition or petitions and the proceeds of any fee imposed must be used for the purposes of this part. A district may not be discontinued as long as there is any outstanding indebtedness against it.
Mont. Code Ann. § 81-4-514 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-514
81-4-514 Transfer of moneys of abandoned horse fund to general fund
Status: in_force

81-4-514 . Transfer of moneys of abandoned horse fund to general fund. On November 30 of each year, the county treasurer shall, if all claims against any such abandoned horse fund are paid and a balance remains in such fund, transfer all moneys so remaining in such fund to the general fund of the county, subject to the usual division with the state as to any portion of such balance which shall consist of taxes collected on the abandoned horses. No part of the roundup fee of $5 shall be paid to the state. Any portion of the taxes so collected which shall be used in paying claims against said fund is hereby declared to be a part of the cost of collection of such taxes.
Mont. Code Ann. § 81-9-306 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-306
81-9-306 Penalty for violation
Status: in_force

81-9-306 . Penalty for violation. Operation of a rendering or disposal plant or establishment without a license from the department or operation of a rendering or disposal plant or establishment in violation of a restraining order or after revocation of a license constitutes a misdemeanor, punishable by a fine of not less than $50 or more than $250 for each day of illegal operation.
Mont. Code Ann. § 81-1-101 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-101
81-1-101 Definitions
Status: in_force

81-1-101 . Definitions. Unless the context requires otherwise, in Title 81, the following definitions apply:

(1) (a) "Bison" means domestic bison or feral bison.

(b) The term does not include:

(i) wild buffalo or wild bison; or

(ii) for the purposes of chapter 9, buffalo.

(2) "Board" means the board of livestock provided for in 2-15-3102 , except as provided in Title 81, chapter 23.

(3) "Department" means the department of livestock provided for in Title 2, chapter 15, part 31.

(4) "Domestic bison" means a bison that is not a wild buffalo or wild bison.

(5) "Feral bison" means a domestic bison or progeny of a domestic bison that has escaped or been released from captivity and is running at large and unrestrained on public or private land.

(6) "Wild buffalo" or "wild bison" means a bison that:

(a) has not been reduced to captivity;

(b) has never been subject to the per capita fee under 15-24-921 ;

(c) has never been owned by a person; and

(d) is not the offspring of a bison that has been subject to the per capita fee under 15-24-921 .
Mont. Code Ann. § 81-8-401 — MT Code / Title 81 / Chapter 8 / Part 4 / Section 81-8-401
81-8-401 Certain dealings in baby animals unlawful
Status: in_force

81-8-401 . Certain dealings in baby animals unlawful. (1) Except as provided in subsection (2), it is unlawful for any person, firm, or corporation to:

(a) sell, offer for sale, barter, or give away for commercial purposes baby chickens, ducklings, or other fowl, under 3 weeks of age, or rabbits under 2 months of age, as pets, toys, premiums, or novelties;

(b) color, dye, stain, or otherwise change the natural color of baby chickens, ducklings, or other fowl or rabbits; or

(c) bring or transport the same into the state.

(2) This section shall not be construed to prohibit the sale, dyeing, staining, or otherwise changing of the natural color, or display of such baby chickens, ducklings, or other fowl or such rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of breeding and raising.
Mont. Code Ann. § 81-22-202 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-202
81-22-202 Licensing of persons engaged in production of milk
Status: in_force

81-22-202 . Licensing of persons engaged in production of milk. (1) The department may license persons engaged in the production of milk for manufacturing purposes and license persons who manufacture dairy products or products made in their semblance or imitation when the products are made in a manufactured dairy products plant.

(2) The department may examine and license weighers, graders, samplers, and milk and cream testers in order to establish the qualifications of these persons to perform those operations or tests for which the licenses are issued.
Mont. Code Ann. § 81-21-105 — MT Code / Title 81 / Chapter 21 / Part 1 / Section 81-21-105
81-21-105 Penalty
Status: in_force

81-21-105 . Penalty. Any person, persons, firm, or corporation violating any provision of this chapter, or the rule or order promulgated by authority of 81-2-102 , shall be guilty of a misdemeanor. Violations of this chapter shall be tried without undue delay in any court of competent jurisdiction.
Mont. Code Ann. § 81-2-109 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-109
81-2-109 Expenses, how paid -- lien and foreclosure
Status: in_force

81-2-109 . Expenses, how paid -- lien and foreclosure. (1) If there is no violation of law or department rule, the expense of inspecting, testing, supervision of quarantine, supervision of dipping, supervision of disinfection, and supervision of other treatment of diseased or exposed livestock by the department and the sanitary inspection of dairies, packinghouses, meat depots, slaughterhouses, milk depots, and other premises must be paid for by the department. However, the owner of the livestock or property is liable for all expenses, except the salary of the designated supervising officer representing the department, when the owner, agent, or person in charge of the livestock or property has violated the law or rules of the department.

(2) The expenses for which an owner, agent, or person in charge is liable under subsection (1) include:

(a) all investigatory expenses, including travel, meals, and lodging of all investigating officers representing the department; and

(b) all other expenses, extraordinary or otherwise, that in the judgment of the department are reasonably necessary to ensure that there has been or will be compliance with all applicable laws and rules.

(3) The department, at the conclusion of an investigation of a violation, shall serve notice on the violator, informing the violator of all expenses for which the violator is liable. The notice must state that if a response is not sent within 30 days of receipt of the notice, the notice is prima facie evidence of the reasonableness of the expenses and of the violator's liability for them.

(4) A showing by the department that a response to the notice required by subsection (3) was not received within 30 days of receipt of the notice is prima facie evidence of the reasonableness of the expenses stated and of the liability of the violator for those expenses.

(5) These expenses are a lien on the livestock or other property, and the department may retain possession of the livestock until the charges and expenses are paid. The lien is not dependent on possession and may be foreclosed in the name of the agent of the department by sale at public auction of the stock or as many as may be necessary to pay the sum of the costs, after 10 days' notice by posting in three public places in the county. The lien may also be foreclosed by an action in a court of competent jurisdiction against the owner of the livestock to recover the amount of charges and expenses.
Mont. Code Ann. § 81-9-423 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-423
81-9-423 Mutilation or concealment of hides a felony
Status: in_force

81-9-423 . Mutilation or concealment of hides a felony. Every person who knowingly mutilates, destroys, or conceals an animal hide for the purpose of removing evidence of ownership of such hide or the animal from which the hide was removed is guilty of a felony and punishable upon conviction thereof by a fine of not less than $500 or more than $5,000 or imprisonment in the state prison for not less than 1 year or more than 10 years, or both.
Mont. Code Ann. § 81-22-502 — MT Code / Title 81 / Chapter 22 / Part 5 / Section 81-22-502
81-22-502 Monthly report of plant operator -- penalty
Status: in_force

81-22-502 . Monthly report of plant operator -- penalty. A person operating a manufactured dairy products plant in this state shall send to the department once a month, not later than the 10th day of the month, a full report of the amounts of butter, cheese, frozen dessert, ice cream, low-fat ice cream, sherbet, water ices, ice milk, freezer-made milk shakes, or other dairy products handled or manufactured during the preceding month, as requested by the department. Any person failing to render the report required by this section or failing to make the report by the date due is guilty of a misdemeanor and subject to the penalties provided in this chapter.
Mont. Code Ann. § 81-8-314 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-314
81-8-314 Duty of county clerk and recorder of marks and brands to record papers
Status: in_force

81-8-314 . Duty of county clerk and recorder of marks and brands to record papers. It is the duty of the county clerk and of the general recorder of marks and brands to file all papers deposited with them for that purpose, and required to be filed under the provisions of 81-8-311 through 81-8-313 , and preserve the same as other records of their offices are preserved, and furnish to persons making inquiry about such files all necessary information concerning the same.
Mont. Code Ann. § 81-2-116 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-116
81-2-116 Animal health account -- enterprise fund account for laboratory services
Status: in_force

81-2-116 . Animal health account -- enterprise fund account for laboratory services. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the animal health account. All fees collected by the department related to animal health, except those received pursuant to 81-2-102 (1)(c), must be deposited in the account to be used for animal health functions of the department.

(2) (a) There is an account of the enterprise fund type, as defined in 17-2-102 (2)(a), to the credit of the department for the use of the laboratory functions of the department.

(b) Gross revenue from the collection of fees for services rendered pursuant to 81-2-102 (1)(c) must be deposited in the account.

(c) All interest and earnings on money deposited in the account must be credited to the account and used for the laboratory functions of the department.
Mont. Code Ann. § 81-22-601 — MT Code / Title 81 / Chapter 22 / Part 6 / Section 81-22-601
81-22-601 Penalties for violations
Status: in_force

81-22-601 . Penalties for violations. (1) A person who violates this chapter, fails to comply with the rules adopted under this chapter, or fails or neglects to obey a lawful order of the department made under this chapter, is guilty of a misdemeanor.

(2) Unless a specific penalty is provided in this chapter or rules for the offense, the offender shall be fined not less than $25 and not more than $500 or imprisoned in the county jail for not to exceed 6 months or both fined and imprisoned.
Mont. Code Ann. § 81-8-264 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-264
81-8-264 Livestock video auction -- license to transact business -- license fee -- contract -- renewal
Status: in_force

81-8-264 . Livestock video auction -- license to transact business -- license fee -- contract -- renewal. (1) A livestock video auction may transact business in this state only through a licensed livestock dealer or through a livestock market that is domiciled in the state. The livestock video auction is subject to the same regulation as the domiciled livestock market.

(2) A livestock dealer or a livestock market that proposes to transact business with a livestock video auction pursuant to subsection (1) shall file an application for a license with the department on a form prescribed by the department with the following information:

(a) the nature of the business for which a license is requested;

(b) the name and address of the livestock dealer or the livestock market;

(c) the name and address of the livestock video auction; and

(d) any additional information that the department may require.

(3) The application must be accompanied by:

(a) a fee established by the department commensurate with the costs of administering 81-8-265 and this section;

(b) evidence that the department may require indicating that the livestock video auction is financially responsible and bonded to transact business and has established a custodial account for shippers' proceeds; and

(c) a copy of the contract between the licensed livestock dealer or the livestock market and the livestock video auction. The contract must provide:

(i) for reasonable access by the department to all records and documents relating to the activities of the livestock video auction; and

(ii) that the livestock dealer or the livestock market and the livestock video auction are jointly and severally liable, with the right of contribution, for all business transacted within the state.

(4) If the contract described in subsection (3)(c) is terminated, rescinded, breached, or materially altered, the livestock dealer or the livestock market shall immediately notify the department. Failure to notify the department is considered to be:

(a) a failure to keep and maintain suitable records with the department; and

(b) a false entry or statement of fact in an application filed with the department.

(5) On or before May 1 of each year, a livestock dealer or a livestock market shall renew the license by fulfilling the requirements of subsections (1) through (4).

(6) The license fee must be remitted to the state treasurer to the credit of the department.
Mont. Code Ann. § 81-5-112 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-112
81-5-112 Permit system for transportation of sheep -- penalty
Status: in_force

81-5-112 . Permit system for transportation of sheep -- penalty. (1) The department shall adopt rules imposing a permit system for the transportation of sheep within or out of the state if it finds that a permit system is necessary to prevent theft of sheep. The rules must establish fees commensurate with the department's cost of operating the permit system.

(2) A person who purposely or knowingly transports sheep in violation of rules adopted under subsection (1) is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 6 months, or both.
Mont. Code Ann. § 81-23-303 — MT Code / Title 81 / Chapter 23 / Part 3 / Section 81-23-303
81-23-303 Rules of fair trade practices
Status: in_force

81-23-303 . Rules of fair trade practices. (1) The board may adopt reasonable rules governing fair trade practices as they pertain to the transaction of business among licensees under this chapter and among licensees and the general public. Except for provisions regarding the requirement for first call on Montana milk supplies, as provided in 81-23-302 (10), rules adopted pursuant to 81-23-302 (11), and as provided in subsection (2), fair trade practice rules must contain but are not limited to provisions prohibiting the following methods of doing business that are unfair, unlawful, and not in the public interest:

(a) the payment, allowance, or acceptance of secret rebates, secret refunds, or unearned discounts by a person, whether in the form of money or otherwise;

(b) the giving of milk, cream, dairy products, services, or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of a customer;

(c) the extension to certain customers of special prices or services not available to all customers who purchase milk of like quantity under like terms and conditions; and

(d) the payment of a price lower than the applicable producer price, established by the board, by a distributor to a producer for milk that is distributed to any person, including agencies of the federal, state, or local government.

(2) A payment subject to a milk price forward contract that is less than the minimum producer price is not a violation of this section.
Mont. Code Ann. § 81-8-501 — MT Code / Title 81 / Chapter 8 / Part 5 / Section 81-8-501
81-8-501 Sale of animals under false registration certificates -- changing markings -- auctioneer
Status: in_force

81-8-501 . Sale of animals under false registration certificates -- changing markings -- auctioneer. (1) No person, company, or corporation shall:

(a) sell to another person or persons any animal with a certificate of registration or breeding that does not belong to said animal;

(b) change in any way the certificate of registration or breeding of any animal;

(c) falsely represent any production record of any cow or of any dam specified in any registration certificate;

(d) change the markings of any animal with the intent to deceive the purchaser.

(2) This section shall not apply to any auctioneer or agent acting in good faith under the direction of the owner.
Mont. Code Ann. § 81-2-121 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-121
81-2-121 Taking of publicly owned wild buffalo or wild bison that are present on private property -- notice -- supplemental feeding -- penalty
Status: in_force

81-2-121 . Taking of publicly owned wild buffalo or wild bison that are present on private property -- notice -- supplemental feeding -- penalty. (1) This chapter may not be construed to impose, by implication or otherwise, criminal liability on a landowner or the agent of a landowner for the taking of a publicly owned wild buffalo or wild bison that is suspected of carrying disease and that is present on the landowner's private property and is potentially associating with or otherwise threatening the landowner's livestock if the landowner or agent:

(a) notifies or makes a good faith effort to notify the department in order to allow as much time as practicable for the department to first take or remove the publicly owned wild buffalo or wild bison that is present on the landowner's property;

(b) makes a good faith effort to notify the department that a taking has occurred and to retain all parts for disposal by the department; and

(c) is not in violation of subsection (2)(a).

(2) (a) A person may not intentionally provide supplemental feed to game animals in a manner that results in artificial concentration of game animals that may potentially contribute to the transmission of disease. A person who violates this subsection (2)(a) shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, a person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(b) This subsection (2) does not apply to supplemental feeding activities conducted by the department for disease control purposes.
Mont. Code Ann. § 81-2-201 — MT Code / Title 81 / Chapter 2 / Part 2 / Section 81-2-201
81-2-201 Classification of animals as to compensation for slaughter
Status: in_force

81-2-201 . Classification of animals as to compensation for slaughter. Animals slaughtered due to disease under the direction of the department by order of the board may be paid for at 100% of the appraised value.

(1) Eligible animals include cattle, domestic bison, sheep, goats, swine, alternative livestock, and poultry.

(2) Diseases for which animals are eligible for indemnity include foreign animal diseases as classified by the United States department of agriculture, bovine tuberculosis, brucellosis, and chronic wasting disease.

(3) Animals that are injured or killed while they are being inspected or tested under an order of the department or its agent may be paid for at their full appraised value if the claim for the animal is recommended for payment at a meeting of the board when it is shown that the injury or death of the animal was not proximately due to the negligence of the owner or the owner's agent.
Mont. Code Ann. § 81-8-253 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-253
81-8-253 Transfer of certificate
Status: in_force

81-8-253 . Transfer of certificate. The department may approve the transfer of ownership of a certificate of public convenience and necessity issued pursuant to this part without a determination and showing of public convenience and necessity. Such approval may be granted only after a public hearing at which the transferee's qualifications to operate a livestock market have been thoroughly examined and found sufficient to properly operate a livestock market. A minimum of 10 days' notice by mail must be given to all persons to whom notice is sent pursuant to the provisions of 81-8-252 of a hearing to consider an initial application for a certificate.
Mont. Code Ann. § 81-3-203 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-203
81-3-203 Duties of state stock inspectors and deputy stock inspectors
Status: in_force

81-3-203 . Duties of state stock inspectors and deputy stock inspectors. (1) State stock inspectors and deputy state stock inspectors, upon the application of the owner or the authorized agent of the owner of livestock, shall inspect livestock that are intended for sale, removal, shipment, or slaughter at a licensed slaughter plant and issue a certificate of inspection for the livestock if it appears with reasonable certainty that the applicant is the owner of the livestock or has the lawful right to possess the livestock.

(2) The inspection must include an examination of the livestock and all marks and brands on the livestock to identify ownership of the livestock. The certificate of inspection must specify the date of inspection, the place of origin and place of destination of the shipment, the name and address of the owner of the livestock or of the applicant for inspection and the purchaser or transferee, if applicable, the class of the animal, the marks and brands, if any, on the animal, and any other information on the certificate that the department may require. A copy of the certificate must be retained by the inspector, a copy must be furnished by the inspector to the owner or shipper of the livestock, and a copy must be filed by the inspector with the department within 5 days.

(3) If it appears with reasonable certainty that the applicant is the owner of the livestock or has the lawful right to possess the livestock, the state stock inspectors or deputy state stock inspectors, upon application of an owner or the owner's agent of the livestock to be consigned and delivered directly to a licensed livestock market or licensed livestock slaughterhouse located in another county of the state or delivered directly to a shipping point approved by the department where a livestock inspector is available for inspection in an adjoining county, shall issue to the person a separate market consignment permit or transportation permit for each owner when the owner or owners or their authorized agents sign the permit certifying the brands, description, and destination of the livestock. The market consignment permit or transportation permit must specify the date and time issued, the place of origin and place of destination of the shipment, the name and address of the owner of the livestock and the name and address of the person actually transporting the livestock if different from the owner, the kind of livestock, the marks and brands, if any, on the livestock, a description of the vehicle or vehicles to be used to transport the livestock, including the license number of the vehicles, and any other information on the permit that the department may require. A permit issued is good for shipment within 36 hours from the date and time of issue. However, permits not used within this time limitation must be returned to the issuing officer to be canceled and to release the permittee from performance. A copy of the permit must be retained by the inspector, a copy must be filed by the inspector with the department within 5 days of the date of issue, and a copy must be furnished by the inspector to the owner or shipper of the livestock. The owner's or shipper's copy of the permit must accompany the shipment and be delivered to the state stock inspector at the livestock market or shipping point where the livestock are delivered.

(4) Upon application of an owner or the owner's agent, when it appears with reasonable certainty that the applicant is the owner of the livestock or has lawful right to possess the livestock, a state stock inspector shall issue a transportation permit that will allow the movement of the livestock for purposes of grazing. The transportation permit must state the breed, description, marks and brands, if any, head count, and description of land to and from which the livestock will be moved. The permit is valid as provided in and subject to 81-3-211 (6)(e). A state stock inspector may enter the premises where livestock have been transported and inspect any livestock moved under the transportation permit or any livestock commingled with the transported livestock.

(5) A person transporting strays or livestock not lawfully under that person's control is guilty of a misdemeanor and is punishable as provided in 81-3-231 .
Mont. Code Ann. § 81-2-115 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-115
81-2-115 Confidentiality of information collected -- exceptions
Status: in_force

81-2-115 . Confidentiality of information collected -- exceptions. (1) Except as provided in subsections (2) through (4), all information regarding the testing of any livestock that is owned by or in the possession or custody of a livestock producer, livestock dealer as defined in 81-8-213 , or livestock market as defined in 81-8-213 that is collected by the department:

(a) must be held confidential by the department and its employees;

(b) is not a public record or public information as defined in 2-6-1002 and is exempt from disclosure; and

(c) is not subject to discovery or introduction into evidence in any civil action.

(2) For the purposes of this section, "livestock" has the meaning provided in 81-2-702 .

(3) The administrator appointed pursuant to 81-1-301 may disclose information collected by the department from individual livestock producers, livestock dealers, or livestock markets for the purposes of the department's animal health programs whenever in the administrator's judgment the disclosure will assist in the implementation of the animal health programs. The administrator may disclose the information to another governmental entity pursuant to the conditions described in subsection (4) or if the governmental entity confirms in writing that the entity will maintain the confidentiality of the information.

(4) Animal disease diagnostic tests that identify the owner of the animal tested may not be disclosed unless:

(a) the administrator determines that disclosure is necessary to prevent the spread of an animal disease or to protect the public health;

(b) the owner gives written permission to disclose the information;

(c) the information is disclosed in actions or administrative proceedings commenced under the provisions of Title 81, chapter 2, 4, 5, 6, 8, 9, or 30;

(d) disclosure is required by subpoena or court order; or

(e) the information is disclosed to a law enforcement agency in connection with the investigation or prosecution of criminal offenses.

(5) Upon release by the administrator or the board of any information to any other governmental entity or to any person, the administrator shall:

(a) notify the person to whom the information refers or pertains that the release has been made and the name of the governmental entity or person to whom the information was released; and

(b) provide to the person to whom the information refers a copy or summary of the information contained in the release.
Mont. Code Ann. § 81-8-231 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-231
81-8-231 Duties of department
Status: in_force

81-8-231 . Duties of department. The department shall:

(1) supervise and regulate livestock markets and livestock dealers in this state and periodically audit the records of those markets and dealers;

(2) regulate the properties, facilities, operations, services, and practices of all livestock markets and livestock dealers;

(3) supervise and regulate livestock markets in all matters affecting the relationship between the livestock market and owners of livestock and between the livestock market and purchasers of livestock;

(4) prescribe, by general order or otherwise, rules in conformity with this part applicable to all livestock markets or livestock dealers and not in conflict with the laws of the United States or regulations of the United States department of agriculture or other federal agencies;

(5) enforce this part and adopt rules necessary to carry out this part.
Mont. Code Ann. § 81-1-112 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-112
81-1-112 Livestock loss mitigation restricted account
Status: in_force

81-1-112 . (Temporary) Livestock loss mitigation restricted account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss mitigation restricted special revenue account. The account is administered by the department.

(2) Each fiscal year, the amount provided in 15-1-122 (3) is transferred to the account from the state general fund and is restricted to the purpose of making payments to livestock producers for confirmed and probable livestock losses pursuant to 2-15-3112 (2). Money in the account may not be expended for administrative expenses.

(3) The livestock loss mitigation restricted special revenue account is statutorily appropriated, as provided in 17-7-502 , to the department for the purpose of making payments to livestock producers as provided in subsection (2) of this section.

(4) On June 30 of each year, any unencumbered funds in the account in excess of $300,000 must be transferred to the livestock loss reduction restricted special revenue account established in 81-1-113 . (Terminates June 30, 2029--secs. 1, 2, Ch. 20, L. 2023.)
Mont. Code Ann. § 81-9-315 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-315
81-9-315 Production of dead or fallen animal record on demand -- animal not to be removed during transportation -- investigation
Status: in_force

81-9-315 . Production of dead or fallen animal record on demand -- animal not to be removed during transportation -- investigation. (1) On demand of a livestock inspector, sheriff, undersheriff, deputy sheriff, or other peace officer, a licensed renderer or the renderer's agent who has received a dead or fallen animal shall produce for inspection an executed dead or fallen animal record identifying each dead or fallen animal that the renderer or agent is transporting when the demand is made. Failure to produce the executed dead or fallen animal record on demand constitutes a misdemeanor punishable as provided in 81-9-317 .

(2) Under no circumstances may a licensed renderer or the renderer's agent endanger the public health by removing or being required to remove any dead or fallen animals from the vehicle in which they are being transported until the vehicle arrives at a licensed rendering plant where the dead or fallen animal must be handled and disposed of in conformity with the rules of the department.

(3) If a livestock inspector, sheriff, undersheriff, deputy sheriff, or other peace officer has probable cause to believe the dead or fallen animals being transported by a licensed renderer or the renderer's agent were obtained by a commission of a felony, the officer may take the licensed renderer or the renderer's agent, as well as the vehicle, into custody and proceed with the licensed renderer or the renderer's agent to the rendering plant of the licensed renderer, where inspection of marks and brands and immediate investigation must be made.
Mont. Code Ann. § 81-8-265 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-265
81-8-265 Refusal to issue or renew license -- suspension or revocation
Status: in_force

81-8-265 . Refusal to issue or renew license -- suspension or revocation. (1) The department may refuse to issue or renew a license in accordance with the provisions of 81-8-273 .

(2) The department may suspend or revoke a license in accordance with the provisions of 81-8-274 .

(3) If the contract between the livestock dealer or the livestock market and the livestock video auction is terminated, rescinded, breached, or otherwise materially altered by either party, the department may refuse to renew the license or may suspend or revoke the license.
Mont. Code Ann. § 81-22-405 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-405
81-22-405 Labeling of cheese containers
Status: in_force

81-22-405 . Labeling of cheese containers. Except for a small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, it is unlawful and punishable as a misdemeanor for any person to offer for sale, expose for sale, or sell any cheese in any container or wrapper unless such container or wrapper bears a legible label or inscription indicating the net weight, type or style of cheese, and the manufacturer's or distributor's name and address or plant number.
Mont. Code Ann. § 81-2-510 — MT Code / Title 81 / Chapter 2 / Part 5 / Section 81-2-510
81-2-510 Garbage originating on or removed from airplanes not to be fed
Status: in_force

81-2-510 . Garbage originating on or removed from airplanes not to be fed. Garbage originating on or removed from airplanes landing in this state may not be fed to swine or other animals.
Mont. Code Ann. § 81-4-307 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-307
81-4-307 Trespassing animals in herd district -- retention for damages and costs
Status: in_force

81-4-307 . Trespassing animals in herd district -- retention for damages and costs. (1) If an animal referred to in 81-4-306 wrongfully enters the premises of a person within a herd district, the owner or person in control of the animal is liable for care and feeding of the animal and for any damages caused by the animal. The owner or occupant of the land upon which the wrongful entry is made may take into possession the animal, may reasonably care for the animal, may retain possession of the animal, and is entitled to a lien on the animal as security for the payment of damages caused by the animal and costs incurred in caring for the animal. If the owner of the animal or the person entitled to possession of the animal can be found or is known to the person who takes possession of the animal for trespass, it is the duty of the person taking possession to notify the owner or person in charge of the animal within 48 hours after taking possession by a notice in writing, mailed as a certified letter, directed to the owner or person in charge at the owner's or person's post-office address or by serving the notice on the owner or person personally. The notice must give a particular description of the animal and state the amount of damages and costs claimed and demand that within 48 hours after receipt of the notice the damages and costs be paid and that the animal be taken away from the property of the complainant.

(2) Upon demand and upon payment of the damages and costs, the owner or occupant of the land shall release and deliver possession of the animal to the owner or person entitled to possession of the animal. If the parties cannot agree upon the amount, then the owner or person entitled to possession of the animal shall give a receipt to the owner or occupant of the land who has possession of the animal. The receipt must fully describe the animal so that the animal may at any time be easily identified. Upon receiving the receipt, the owner or occupant of the land shall give possession of the animal to the owner or person entitled to possession of the animal. The owner or person receiving possession of the animal may not dispose of the animal but shall retain and keep the animal in possession as the legal custodian of the animal in order to meet and pay the amount of the lien on the animal for damages and costs due in consequence of the trespass.

(3) The party entitled to damages or costs shall within 10 days after delivery of possession of the animal commence an action in any court having jurisdiction to recover the damages and costs, and the animal must be held for the payment of any judgment as though held under a writ of attachment. At any time after the action is commenced, the owner or person entitled to possession of the animal, to whom delivery was made, may furnish and file a bond conditioned to pay the damages and costs incurred in the action, and upon approval of the bond by the justice of the peace, if the action is commenced in a justice court, or by the judge or clerk of the district court, if the action is commenced in the district court, the lien and claim upon the animal must be discharged.

(4) If the owner or person entitled to possession of the animal does not furnish a bond within 10 days after the service of summons in the action, an order may be issued authorizing and directing the constable or sheriff to take possession and hold the animal to satisfy any judgment that may be recovered in the action. The animal, when taken possession of by the officer, must be held, treated, and sold under execution as though seized by writ of attachment.

(5) The owner or person entitled to possession of the animal may, in lieu of furnishing a bond, deposit an amount of money sufficient to pay any judgment that may be recovered in the action, the amount to be determined by the justice or judge of the court in which the action is pending. If the owner or person entitled to possession of the animal, after delivery of possession without payment of damages and costs provided for in this section, sells or disposes of the animal or any part of the animal, permits the animal to be taken from the person's possession, or in any manner prevents the seizure of the animal by the constable or sheriff before the lien on the animal is fully discharged, the owner or person entitled to possession of the animal is guilty of a misdemeanor and in addition is liable to the party entitled to damages and costs in an amount that is double the value of the animal. At the time of delivery or possession of the animal to the owner or person entitled to possession of the animal, a written statement of the amount of the damages and costs must be furnished to the owner or person entitled to the possession of the animal by the person claiming the damages and costs.

(6) If the owner or claimant of the animal is not known to the person taking possession of the animal, the person shall give notice within 48 hours by posting a notice at the nearest post office and serving a similar notice on the stock inspector of the district. The notice must describe the animal and the brand on the animal and give a minute description of the animal, together with the date of the trespass.
Mont. Code Ann. § 81-3-222 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-222
81-3-222 Compensation for animals killed
Status: in_force

81-3-222 . Compensation for animals killed. The value of the animal taken and killed shall be determined by three disinterested parties living in the vicinity where the animal is seized. The amount of money awarded to the owner is full compensation for the loss of the animal. All money disbursed under this section shall be paid out of the department's funds in the state special revenue fund, and whenever possible the dead bodies of the animals killed shall be disposed of for cash and the proceeds turned into the fund.
Mont. Code Ann. § 81-9-104 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-104
81-9-104 Terminated
Status: in_force

81-9-104 . Terminated. Sec. 4, Ch. 410, L. 2021.
Mont. Code Ann. § 81-22-416 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-416
81-22-416 Milk and manufactured dairy products to conform to standards
Status: in_force

81-22-416 . Milk and manufactured dairy products to conform to standards. Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, all milk and cream used in manufactured dairy products, and the manufactured dairy products, must conform to the standards of purity, quality, and wholesomeness as provided in this chapter or in the regulations promulgated under the authority of this chapter.
Mont. Code Ann. § 81-7-702 — MT Code / Title 81 / Chapter 7 / Part 7 / Section 81-7-702
81-7-702 County commissioners authorized to establish predatory animal control program for protection of goats
Status: in_force

81-7-702 . County commissioners authorized to establish predatory animal control program for protection of goats. On the recommendation of an organized association of goat producers in the county, the board of county commissioners may, either alone or in conjunction with the county commissioners of other counties, establish a predatory animal control program for the protection of goats in the county or counties.
Mont. Code Ann. § 81-4-511 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-511
81-4-511 Assessment of horses taken in roundup
Status: in_force

81-4-511 . Assessment of horses taken in roundup. Following a roundup held pursuant to this part, the department of revenue shall immediately assess all horses that have been taken up in a roundup and that may be sold or reclaimed before sale and not already assessed for the current year. The department of revenue shall transmit to the county treasurer a copy of each assessment made. Any horses that have escaped the assessment mentioned in 81-4-501 must be assessed as provided for in 15-8-306 .
Mont. Code Ann. § 81-23-104 — MT Code / Title 81 / Chapter 23 / Part 1 / Section 81-23-104
81-23-104 Rules and orders
Status: in_force

81-23-104 . Rules and orders. The board may adopt and enforce rules and orders necessary to carry out the provisions of this chapter and any orders adopted under it by the board. A rule or order must be posted for public inspection in the main office of the department for 30 days, and a copy must be filed in the office of the department. A copy must also be sent by registered or certified letter to the secretary of each area, except in the case of an order directed only to a person or persons named in it, which must be served by personal delivery of a copy or by mailing a copy to each person to whom the order is directed or, in the case of a corporation, to any officer or agent of the corporation upon whom a summons may be served in accordance with laws of this state. The posting, in the main office of the department, of a rule or order not required to be personally served as provided in this section and the filing in the office of the department is sufficient notice to all persons affected by the rule or order. A rule or order when properly posted and filed or served, as provided in this section, has the force of law.
Mont. Code Ann. § 81-22-413 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-413
81-22-413 Pasteurization required
Status: in_force

81-22-413 . Pasteurization required. (1) All milk and cream used in the manufacture of any dairy product or products made in semblance or imitation of dairy products sold, offered for sale, purveyed, stored, displayed, or transported in Montana must be pasteurized. However, cheese held, stored, or aged for at least 60 days at not less than 35 degrees F is not required to be made from pasteurized milk or cream but must be labeled "made from raw or unpasteurized milk or unpasteurized cream", as the case may be. Other cultured raw or unpasteurized dairy products that can be made safe by aging must be similarly aged and labeled as required above.

(2) The pasteurization and labeling requirements of this section do not apply to milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 81-9-236 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-236
81-9-236 Injunction
Status: in_force

81-9-236 . Injunction. In addition to remedies provided in 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 , the board is authorized to apply to the district court for and the court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating a provision of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 , whether or not there exists an adequate remedy at law.
Mont. Code Ann. § 81-1-105 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-105
81-1-105 Terminated
Status: in_force

81-1-105 . Terminated. Sec. 6, Ch. 234, L. 1991.
Mont. Code Ann. § 81-22-410 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-410
81-22-410 Manufacture, sale, or importation of products containing extraneous fats
Status: in_force

81-22-410 . Manufacture, sale, or importation of products containing extraneous fats. It shall be unlawful for any person to manufacture, mix, compound with, or add to milk, cream, or any manufactured dairy products or to transport into Montana any manufactured dairy product containing foreign animal fats or foreign animal or vegetable oils or products containing nonapproved ingredients with the intent to sell the same as milk, cream, or manufactured dairy products except as allowed under the law and/or regulations of Montana, nor shall any person possess, solicit orders for display, or sell any such article, substance, or compound as or for milk, cream, or manufactured dairy products.
Mont. Code Ann. § 81-9-312 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-312
81-9-312 Identification tags
Status: in_force

81-9-312 . Identification tags. Licensed rendering plants shall provide themselves with serially-numbered metal identification tags of a size and design prescribed by the department and in a number series assigned by the department.
Mont. Code Ann. § 81-2-111 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-111
81-2-111 Injunctive remedies
Status: in_force

81-2-111 . Injunctive remedies. The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of parts 1 through 3 of this chapter or rules adopted thereunder, notwithstanding the existence of other remedies at law. When the application of other remedies has been insufficient to compel action to control, extirpate, or prevent the spread of disease or upon a showing that an animal disease emergency exists and that other remedies probably would be insufficient to compel action to control the emergency, the department may apply for and the court may grant mandatory injunctive relief.
Mont. Code Ann. § 81-8-313 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-313
81-8-313 Limitation of period of possession
Status: in_force

81-8-313 . Limitation of period of possession. When the copy of the process or instrument, with the proper notice appended thereto, is filed as hereinbefore provided, it has the same effect as if actual possession of said cattle and horses had been taken by the officer or person charged with the execution of such process, or the party required under said instrument to take the same, and shall continue to have such effect until actual possession of such property has been taken or had by the officer, person, or party aforesaid; provided, that such actual possession be had or taken prior to August 1 next succeeding.
Mont. Code Ann. § 81-5-102 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-102
81-5-102 Driving animals upon railroad track
Status: in_force

81-5-102 . Driving animals upon railroad track. If a person willfully drives an animal upon a railroad track with intent to injure the corporation or persons owning the railroad and such animal is killed or injured thereby, the person is punishable by a fine not exceeding $50,000 or imprisonment in the state prison not exceeding 5 years, or both, and is liable for all injury or damage occasioned by reason of such act.
Mont. Code Ann. § 81-22-503 — MT Code / Title 81 / Chapter 22 / Part 5 / Section 81-22-503
81-22-503 Buyers and plants to make records available to department
Status: in_force

81-22-503 . Buyers and plants to make records available to department. (1) Persons, including cooperatives, who buy or sell milk or cream on the basis of butterfat, protein, solids, or other component content of milk or cream shall make available to the department, on its request, records showing the amounts of milk or cream sold or purchased, the price per pound, the amount paid, the sampling period for which the amount was paid, and the name and address of the person to whom payment was made or from whom payment was received.

(2) A manufactured dairy product plant, on request by the department, shall make available production records of dairy manufactured products covered by this chapter and manufactured products made in semblance or imitation of these dairy products.

(3) Small dairies selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, are exempt from the recordkeeping requirements of this section.
Mont. Code Ann. § 81-9-421 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-421
81-9-421 Falsifying hide certificate or failure to affix tag deemed a misdemeanor
Status: in_force

81-9-421 . Falsifying hide certificate or failure to affix tag deemed a misdemeanor. (1) Any person, firm, association, or corporation either selling or disposing of or purchasing hides in any manner who shall willfully or intentionally falsify a hide certificate covering such hides shall be deemed guilty of a misdemeanor.

(2) Any person who shall have received any hide as provided in this part without affixing the required identification tag shall be deemed guilty of a misdemeanor.
Mont. Code Ann. § 81-22-107 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-107
81-22-107 Use of inspections, tests, samples, etc., as evidence
Status: in_force

81-22-107 . Use of inspections, tests, samples, etc., as evidence. All copies of inspections, written transcriptions, tests, samples of dairy products, analyses, correspondence, records of payment, trip and field reports, and photographic presentations relating to matters under this chapter may be used as evidence in any court of jurisdiction, at hearings, or as testimony of the facts disclosed.
Mont. Code Ann. § 81-4-516 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-516
81-4-516 Limitation of powers or duties of officers
Status: in_force

81-4-516 . Limitation of powers or duties of officers. Except as provided in this part, this part may not be construed as limiting the powers or duties of the department of revenue, county treasurers, or other boards or officers.
Mont. Code Ann. § 81-7-120 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-120
81-7-120 Use of funds remaining after payment of bounties -- sale of furs, skins, and specimens -- presentation to museums
Status: in_force

81-7-120 . Use of funds remaining after payment of bounties -- sale of furs, skins, and specimens -- presentation to museums. (1) If, at the end of a bounty paying season, there is surplus money available for the administration of 81-7-111 through 81-7-118 and 81-7-120 through 81-7-122 , the surplus may be used to hire salaried hunters and trappers to hunt and trap predatory animals and to purchase and supply poison to be used for a poison campaign on predatory animals.

(2) All furs, skins, and specimens taken by hunters or trappers whose salaries are paid in whole or in part out of this money must be sold by the department, and the proceeds from these sales must be credited to the state special revenue fund. These funds must be used to carry out 81-7-111 through 81-7-118 and 81-7-120 through 81-7-122 . Specimens may be presented free of charge to a state museum or institution.
Mont. Code Ann. § 81-8-273 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-273
81-8-273 Refusal to issue or renew license
Status: in_force

81-8-273 . Refusal to issue or renew license. (1) The department shall refuse to issue or renew a license if the applicant:

(a) has failed to maintain a financial condition of total assets in excess of total liabilities, including total current assets in excess of total current liabilities;

(b) is in violation of any of the provisions of this part;

(c) has knowingly made false or misleading statements as to the health or physical condition of livestock or practiced fraud or misrepresentation in connection with the buying or receiving of livestock or the selling, exchanging, soliciting, or negotiating of the sale of livestock or the weighing of the same;

(d) has failed to keep records of all purchases and sales or refused to grant inspection of such records by authorized agents of the department;

(e) is in violation of the rules adopted by the department;

(f) has failed to comply with a lawful order of the department;

(g) has been found by the department to have failed to pay, without reasonable cause, obligations incurred in connection with livestock transactions;

(h) has been suspended by the order of the secretary of agriculture of the United States department of agriculture under provisions of the Packers and Stockyards Act, 1921, as amended, 7 U.S.C. 181, et seq.; or

(i) employs a person required to be licensed whose license cannot be renewed or whose license is under suspension or revocation by the department or the United States department of agriculture.

(2) An applicant refused a license or license renewal may not apply again for 1 year following refusal unless the department determines that the applicant has met the requirements of this part.
Mont. Code Ann. § 81-2-301 — MT Code / Title 81 / Chapter 2 / Part 3 / Section 81-2-301
81-2-301 Establishment of livestock disease control area -- entry into area -- compulsory inspection
Status: in_force

81-2-301 . Establishment of livestock disease control area -- entry into area -- compulsory inspection. (1) Upon receipt of a petition signed by not less than 75% of the livestock owners of the species of animals to be inspected, tested, treated, or vaccinated, representing not less than 50% of such species in any school district, as determined from the permanent records of the board of county commissioners describing school district boundaries of any county in the state of Montana, petitioning for the area control, treatment, prevention, or eradication of any dangerous disease of livestock within such school district, the board may establish such school district as a disease control area and may enforce the inspection, test, treatment, or vaccination of all livestock of the species designated within such school district in accordance with the rules promulgated by the department for the inspection, eradication, treatment, or vaccination of such livestock and may reimburse the owners of livestock slaughtered by order of the department or its authorized agent in accordance with the laws of Montana governing the payment of such animal or animals.

(2) In any circumscribed disease control area as established under this section by the department, no other livestock of the species designated by the department to be inspected, tested, treated, or vaccinated may enter the disease control area unless inspected, tested, treated, or vaccinated under the direction of the department or accompanied by a satisfactory health certificate or except under special permit and restrictions provided by the department.

(3) When 75% or more of the school districts in any county in Montana are established under this section by the department as disease control areas, it becomes mandatory on the part of the remaining livestock owners in such county to submit their livestock of one or more species for inspection, test, treatment, or vaccination, as directed by the department.
Mont. Code Ann. § 81-7-122 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-122
81-7-122 Penalty for fraudulent claims
Status: in_force

81-7-122 . Penalty for fraudulent claims. A person who patches up a skin or scalp or presents a punched or patched skin or scalp or who brings in any skin or skins from other states or territories with the intent to fraudulently obtain a bounty or an officer who signs a certificate without first counting and examining the skins to determine the kind of skins and to see that the skin from the scalp or head is properly severed and preserved or a person who evades or violates any provision of law of the state of Montana relative to bounties or bounty claims shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the county jail not exceeding 1 year or both. Two-thirds of the fine must be given to the person, if any, reporting the evasion or violation and the balance must be deposited in the state special revenue fund and used for the administration of 81-7-111 through 81-7-118 and 81-7-120 through 81-7-122 .
Mont. Code Ann. § 81-2-303 — MT Code / Title 81 / Chapter 2 / Part 3 / Section 81-2-303
81-2-303 Owner guilty of misdemeanor, when
Status: in_force

81-2-303 . Owner guilty of misdemeanor, when. A person in a disease control area who does not gather the person's livestock after being notified by the department or its agent to have the livestock available or who refuses to have the livestock inspected, tested, treated, or vaccinated or who violates this part is guilty of a misdemeanor.
Mont. Code Ann. § 81-20-104 — MT Code / Title 81 / Chapter 20 / Part 1 / Section 81-20-104
81-20-104 Civil liability
Status: in_force

81-20-104 . Civil liability. A person, firm, or corporation which violates this part or rules or orders of the department is liable for damages sustained by a person because of the violation. The damages may be recovered by the person in a civil action in a court of competent jurisdiction.
Mont. Code Ann. § 81-6-207 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-207
81-6-207 Selection of cattle protective committee members
Status: in_force

81-6-207 . Selection of cattle protective committee members. Each cattle protective district shall be entitled to three members, who shall be chosen in the same manner as members of a county cattle protective committee under 81-6-101 .
Mont. Code Ann. § 81-20-203 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-203
81-20-203 Candling eggs intended for human consumption -- candling defined
Status: in_force

81-20-203 . Candling eggs intended for human consumption -- candling defined. Every person engaged in the business of buying eggs intended for human consumption for resale shall maintain an adequate place for the proper candling and handling of the eggs by an egg grader licensed pursuant to this part or shall purchase only eggs which have already been properly candled and graded under the supervision of an egg grader licensed pursuant to this part. The term "candling" as used in this part means the careful examination, in a partially dark room or place, of the whole egg by means of a strong light.
Mont. Code Ann. § 81-7-401 — MT Code / Title 81 / Chapter 7 / Part 4 / Section 81-7-401
81-7-401 Killing of dogs harassing, destroying, or injuring stock -- notice to owner -- penalty
Status: in_force

81-7-401 . Killing of dogs harassing, destroying, or injuring stock -- notice to owner -- penalty. (1) As used in this section, "harasses" means worries, chases, or runs after livestock, including ostriches, rheas, and emus, in a manner that may lead to subsequent injury to the livestock.

(2) A dog, whether licensed or not, that, while off the premises owned or under control of its owner and on property owned, leased, or controlled by the livestock owner, harasses, kills, wounds, or injures livestock not belonging to the owner of the dog is considered a public nuisance and:

(a) may be killed immediately by the owner of the livestock or an agent or employee of the owner; or

(b) the owner of the dog, when reasonably notified after due process, shall kill the dog within 24 hours of notification. If the owner fails to do so, an officer may be notified and shall kill the dog or cause the dog to be killed.

(3) A dog may not be killed in a manner that will endanger a person.

(4) This section does not apply to a dog herding livestock under the direction of its owner or the agents or employees of its owner.

(5) This section does not apply to a dog engaged in legitimate sport hunting or predator control activities under the direction of its owner or the agents or employees of its owner.

(6) The owner of a dog that harasses, kills, wounds, or injures livestock is guilty of a misdemeanor and upon conviction shall be fined not more than $500.
Mont. Code Ann. § 81-9-216 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-216
81-9-216 Short title
Status: in_force

81-9-216 . Short title. Sections 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 may be cited as the "Meat and Poultry Inspection Act".
Mont. Code Ann. § 81-23-102 — MT Code / Title 81 / Chapter 23 / Part 1 / Section 81-23-102
81-23-102 Policy
Status: in_force

81-23-102 . Policy. (1) The legislature declares that:

(a) milk is a necessary article of food for human consumption;

(b) the production and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare;

(c) the production, transportation, processing, storage, distribution, and sale of milk in the state of Montana is an industry affecting the public health and interest;

(d) health regulations alone are insufficient to prevent disturbances in the milk industry and to safeguard the consuming public from further inadequacy of a supply of this necessary commodity;

(e) it is the policy of this state to promote, foster, and encourage the intelligent production and orderly marketing of milk and products manufactured from milk and to make the distribution of milk and products manufactured from milk between the producer and consumer as direct as can be efficiently and economically done, and to stabilize the marketing of those commodities;

(f) due to the nature of milk and the conditions surrounding the production and marketing of milk and due to the vital importance of milk to the health and well-being of the citizens of this state, it is necessary to invoke the powers of the state to provide constant supervision and regulation of the milk industry of the state;

(g) milk is a perishable commodity that is easily contaminated with harmful bacteria, that cannot be stored for any great length of time, that must be produced and distributed fresh daily, and the supply of which cannot be regulated from day to day but, due to natural and seasonal conditions, must be produced on a constantly uniform and even basis;

(h) the demand for this perishable commodity fluctuates from day to day and from time to time making it necessary that the producers and distributors produce and carry on hand a surplus of milk to guarantee and ensure to the consuming public an adequate supply at all times;

(i) this surplus of milk, though necessary and unavoidable, unless regulated, tends to undermine the milk industry;

(j) due to the nature of milk and the conditions surrounding its production and marketing, unless the producers are guaranteed and ensured a reasonable profit on milk, the supply and quality of milk are affected to the detriment of and against the best interest of the citizens of this state;

(k) where no supervision and regulation are provided for the orderly and profitable marketing of milk, past experience has shown that the economic status of both producers and distributors of milk is adversely affected, thereby entailing loss and hardship on all within the community with whom these producers and distributors carry on business relations;

(l) due to the nature of milk and the conditions surrounding its production and distribution, the natural law of supply and demand has been found inadequate to protect the industry in this and other states and in the public interest it is necessary to provide state supervision and regulation of the milk industry in this state.

(2) The general purpose of this chapter is to protect and promote public welfare and to eliminate unfair and demoralizing trade practices in the milk industry. It is enacted in the powers of the state.
Mont. Code Ann. § 81-7-506 — MT Code / Title 81 / Chapter 7 / Part 5 / Section 81-7-506
81-7-506 Prohibition against harassing livestock
Status: in_force

81-7-506 . Prohibition against harassing livestock. While engaged in flying an aircraft, no person, whether or not lawfully authorized to aerially hunt, may knowingly harass, injure, or attempt to injure any livestock except with the express permission of the owner of that livestock.
Mont. Code Ann. § 81-1-104 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-104
81-1-104 Investment of state special revenue account funds -- crediting of investment income
Status: in_force

81-1-104 . Investment of state special revenue account funds -- crediting of investment income. The board may direct the board of investments to invest funds from state special revenue accounts of the department pursuant to the provisions of the unified investment program for state funds. The income from such investments shall be credited to the state special revenue account of the department from which the investment is made.
Mont. Code Ann. § 81-29-103 — MT Code / Title 81 / Chapter 29 / Part 1 / Section 81-29-103
81-29-103 Presence of feral swine -- notification -- immediate threat
Status: in_force

81-29-103 . Presence of feral swine -- notification -- immediate threat. (1) Except as provided in subsection (2), a person who believes feral swine are present on private or public property shall notify the board and, if authorized, assist in the control or eradication of the feral swine.

(2) A person or the person's agent who encounters feral swine on property owned or leased by that person may immediately eradicate the feral swine if the feral swine:

(a) poses an immediate threat of harm to a person or property; or

(b) will expand its range without immediate eradication.

(3) A person who eradicates a feral swine pursuant to subsection (2) shall notify the board as soon as practicable, but no later than the limit established by board rule. The person shall follow instructions provided by the board, including but not limited to the handling, preservation for testing, or disposal of the carcass.
Mont. Code Ann. § 81-8-901 — MT Code / Title 81 / Chapter 8 / Part 9 / Section 81-8-901
81-8-901 Beef promotion and marketing -- powers and duties of department -- contract
Status: in_force

81-8-901 . Beef promotion and marketing -- powers and duties of department -- contract. (1) The department shall:

(a) enter into a contract with the Montana beef council to collect on behalf of the beef council an assessment of $1 for each head of Montana cattle sold as established in the national Beef Promotion and Research Act of 1985, 7 U.S.C. 2901 through 2911, also referred to as the national beef checkoff, and 7 CFR, part 1260, subpart A;

(b) adopt rules necessary for the administration of this section.

(2) (a) Except as provided in subsection (2)(b), the contract agreed to under this section between the department and the Montana beef council must include a provision that the beef council shall pay a fee, not to exceed 5% of the total checkoff funds collected by department employees and deposited in the state treasury, to reimburse the department for all expenses directly incurred through collection of the checkoff as verified by the legislative auditor during regularly scheduled financial compliance audits.

(b) The department is not obligated under this section or any other state law to contract for collection of the fee if the department's direct collection costs as verified by the legislative auditor exceed 5% of the checkoff funds collected by department employees and deposited in the state treasury.
Mont. Code Ann. § 81-7-204 — MT Code / Title 81 / Chapter 7 / Part 2 / Section 81-7-204
81-7-204 Presentation of skins -- affidavit
Status: in_force

81-7-204 . Presentation of skins -- affidavit. A person claiming bounty on a predatory animal under this part shall present the green skin or pelt of the animal, with all four feet attached, to one of the bounty inspectors provided for in 81-7-112 or 81-7-201 and shall make an affidavit that the animal was killed within the county where the bounty is claimed. The affidavit must be corroborated by at least two reputable stockowners of the county to the effect that they know or have good cause to believe that the animal was killed within that county. For the purpose of this part, each bounty inspector is empowered to administer oaths. The bounty inspector shall endorse upon the affidavit the inspector's approval or disapproval of the claim and shall cut from the skin or pelt the four feet. The person applying for the bounty shall then present the affidavit, with the endorsements, to the county auditor or, in counties not having an auditor, to the county clerk, who shall attach the affidavit to a claim against the county bounty fund and present it to the board of county commissioners for action, the same as any other claim against the county.
Mont. Code Ann. § 81-8-211 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-211
81-8-211 Short title
Status: in_force

81-8-211 . Short title. This part may be cited as the "Montana Livestock Marketing Act".
Mont. Code Ann. § 81-29-106 — MT Code / Title 81 / Chapter 29 / Part 1 / Section 81-29-106
81-29-106 Authority -- costs -- rulemaking
Status: in_force

81-29-106 . Authority -- costs -- rulemaking. (1) The board is authorized to control and eradicate feral swine and may establish rules to implement the reporting requirements of 81-29-103 .

(2) The cost of enforcement actions under this part must be paid from the general fund if the cost to the department exceeds $1,000 and federal funds are not available to pay the excess costs.
Mont. Code Ann. § 81-2-302 — MT Code / Title 81 / Chapter 2 / Part 3 / Section 81-2-302
81-2-302 Duty of department of revenue
Status: in_force

81-2-302 . Duty of department of revenue. The property tax record of the county in which the disease control area is to be established is the basis for computing the required percentage of livestock owners and livestock. The department of revenue shall certify to the department when the necessary 75% of the owners of livestock representing not less than 50% of the species of livestock to be inspected, tested, treated, or vaccinated have signed the required petition.
Mont. Code Ann. § 81-7-303 — MT Code / Title 81 / Chapter 7 / Part 3 / Section 81-7-303
81-7-303 County commissioners permitted to require per capita license fee on sheep
Status: in_force

81-7-303 . County commissioners permitted to require per capita license fee on sheep. (1) To defray the expense of protection, the board of county commissioners of a county may require all owners or persons in possession of a sheep 9 months of age or older in the county on the regular assessment date of each year, as provided in 15-24-903 , to pay a per capita license fee in an amount to be determined by the board. All owners or persons in possession of a sheep 9 months of age or older coming into the county after the regular assessment date and subject to the per capita levy under the provisions of Title 15, chapter 24, part 9, are subject to payment of the license fee.

(2) On the order of the board of county commissioners, the license fee may be imposed by entering the name of the licensee on the assessment record of the county by the department of revenue. The license fee is payable to and must be collected by the county treasurer. When levied, the fee is a lien on the property, both real and personal, of the licensee. If the person against whom the license fee is levied does not own real estate against which the license fee is or may become a lien, then the license fee is payable immediately on its levy and the treasurer shall collect the fee in the manner provided by law for the collection of personal property taxes that are not a lien on real estate.

(3) The fees must be placed in a predatory animal control fund separate from the funds provided for in 81-7-603 and 81-7-703 . The money in the predatory animal control fund may be expended by the board of county commissioners for predatory animal control, including bounties paid pursuant to Title 81, chapter 7, part 2. Interest earned on money in the fund must be deposited in the fund.

(4) Money from any source may be deposited in the predatory animal control fund provided for in this section to carry out the provisions of this part.
Mont. Code Ann. § 81-9-116 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-116
81-9-116 Officers' authority concerning enforcement -- seizure and sale of meat held in violation
Status: in_force

81-9-116 . Officers' authority concerning enforcement -- seizure and sale of meat held in violation. An officer having authority to make the inspection provided for in this part may enter into and inspect meat establishments required to be licensed under 81-9-201 or places where meat is handled in quantities, for the purpose of determining whether the provisions of this part have been complied with. If meat is found that is being held in violation of the provisions of this part, the officers may seize the meat. All seized meat must be sold under the direction of a stock inspector, sheriff, or other officer authorized, at either public or private sale, for the best price obtainable, and the proceeds must be paid to the county treasurer of the county in which the meat is seized for the benefit of the general fund of the county.
Mont. Code Ann. § 81-22-208 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-208
81-22-208 Licenses and schedule of license fees
Status: in_force

81-22-208 . Licenses and schedule of license fees. (1) Licenses and license fees required under this part must be established by the department for the following facilities and activities:

(a) a manufactured dairy products plant. However, a plant license is not required of a retail food establishment licensed as provided in Title 50, chapter 50, and a license is not required to manufacture nondairy products when only nondairy products are manufactured.

(b) a cream station. However, a license is not required if the cream station is owned and operated by a licensed plant, but the milk and cream, equipment, premises, and means of transporting milk or cream are subject to official inspection.

(c) a dairy producing milk for manufacturing purposes. However, a dairy license is not required if the dairy farm is licensed by the department to produce and sell milk or cream in the form in which it is originally produced as required by 81-21-102 .

(d) a grader-weigher-sampler, tester, and hauler. However, a separate grader-weigher-sampler, tester, and hauler license is required whether a person performing these activities owns and operates the plant, is employed by the plant, or is self-employed.

(2) (a) A license is valid on the date issued and expires on December 31 of that year unless suspended or revoked by the department. A license must be renewed by the first January 31 following the expiration date. A license renewal application form may be supplied by the department. The license renewal application form when returned to the department must be accompanied by the correct license fee.

(b) A license must be posted in conspicuous view at the place of business.

(c) A license is not transferable from place to place or from person to person.

(3) A penalty fee in an amount established by rule by the department may be imposed on a person who fails to apply for renewal of a license if under this part that person is required to be licensed.

(4) All license fees collected under this section must be deposited in the general fund.
Mont. Code Ann. § 81-9-118 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-118
81-9-118 Penalties for violation or falsifying records
Status: in_force

81-9-118 . Penalties for violation or falsifying records. Any person who violates any of the provisions of this part or who willfully falsifies any of the records required by this part to be kept shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for a period of not less than 30 days or more than 6 months or by such fine and imprisonment for the first offense and for each subsequent offense shall be deemed guilty of a felony and punished by a fine of not more than $50,000 or imprisonment in the state prison for not less than 1 year or more than 5 years, or both.
Mont. Code Ann. § 81-8-303 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-303
81-8-303 Duty of secured parties to file satisfactions of security agreements
Status: in_force

81-8-303 . Duty of secured parties to file satisfactions of security agreements. The secured parties, who filed notices of security agreements, renewals, and assignments with the department of livestock, as provided for in this part, shall file notices of satisfaction of the security agreements with the department immediately upon the satisfaction of the security agreement.
Mont. Code Ann. § 81-4-506 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-506
81-4-506 Sale of abandoned horses
Status: in_force

81-4-506 . Sale of abandoned horses. All abandoned horses taken up in a roundup must be delivered to the roundup supervisor in charge of the roundup and must be offered by the supervisor for sale at public auction and sold to the highest bidder for cash, if there is any bidder, and any abandoned horses offered for sale and for which no bid is made must be destroyed or otherwise disposed of in the discretion of the board of county commissioners unless reclaimed as provided in this part.
Mont. Code Ann. § 81-2-701 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-701
81-2-701 Short title
Status: in_force

81-2-701 . Short title. This part may be cited as the "Animal Importation Permit and Health Certificate Act of 1981".
Mont. Code Ann. § 81-30-103 — MT Code / Title 81 / Chapter 30 / Part 1 / Section 81-30-103
81-30-103 Unlawful acts
Status: in_force

81-30-103 . Unlawful acts. (1) A person who does not have the effective consent of the owner may not acquire or otherwise exercise control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property or to damage the enterprise conducted at the animal facility.

(2) A person who does not have the effective consent of the owner and who intends to damage the enterprise conducted at an animal facility may not:

(a) damage or destroy an animal facility or an animal or property in or on the premises of an animal facility;

(b) enter an animal facility that is at the time closed to the public with the intent to commit an act prohibited by this chapter;

(c) remain concealed in an animal facility with the intent to commit an act prohibited by this chapter;

(d) enter an animal facility and commit or attempt to commit an act prohibited by this chapter;

(e) enter an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation; or

(f) enter or remain on the premises of an animal facility if the person:

(i) had notice that the entry was forbidden; or

(ii) received notice to depart but failed to do so.

(3) The provisions of this chapter do not apply to lawful activities of a:

(a) government agency or its employees who are carrying out their duties under law or to lawful activities of a financial institution or other secured party; and

(b) humane animal treatment shelter or its employees whose primary purpose is the bona fide control or humane care of animals or the enforcement of 45-8-211 .
Mont. Code Ann. § 81-8-315 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-315
81-8-315 Sale of property under supplementary writ
Status: in_force

81-8-315 . Sale of property under supplementary writ. When an officer into whose hands a writ of execution is placed has served the writ in accordance with 81-8-311 and made a return in accordance with the facts, at any time after service and return, within the time limited as provided in 81-8-313 to hold the property taken or levied upon under the writ, another writ of execution may be issued, which must be supplementary to the first writ, and in pursuance of which the officer or person charged with the service of the substitute writ may sell the property held by the first writ as provided in this part.
Mont. Code Ann. § 81-9-305 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-305
81-9-305 Power to administer oaths, subpoena witnesses, and receive evidence
Status: in_force

81-9-305 . Power to administer oaths, subpoena witnesses, and receive evidence. Hearings held under 81-9-301 through 81-9-306 for either revocation of licenses or to restrain operation shall be held by the department, and the department or its agent may administer oaths, subpoena witnesses, and receive evidence in order to carry out 81-9-301 through 81-9-306 .
Mont. Code Ann. § 81-3-107 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-107
81-3-107 Fees for department -- deposit requirements
Status: in_force

81-3-107 . Fees for department -- deposit requirements. (1) The department shall establish, charge, and collect a fee for recording a new mark or brand, for recording a mark or brand transfer, or for rerecording a mark or brand. The department shall establish and charge a fee for providing a certified copy of a record and a duplicate certificate. The department may upon request research mark or brand histories and may charge a fee of up to $50 for each mark or brand, based on time involved in research. All fees collected must be paid into the state special revenue fund for the use of the department. However, not more than 10% of the net rerecording fees after all expenses of rerecording are paid may be expended in any 1 year except in case of an emergency declared by the governor or the board.

(2) Money collected as fees under subsection (1) is subject to the deposit requirements of 17-6-105 (6) unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105 (8).
Mont. Code Ann. § 81-9-234 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-234
81-9-234 Violations -- penalties
Status: in_force

81-9-234 . Violations -- penalties. (1) Except as provided in 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 , no person may:

(a) slaughter livestock or poultry or prepare livestock products or poultry products for human consumption;

(b) sell or transport adulterated, misbranded, condemned, or uninspected meats, livestock products, or poultry products;

(c) falsely represent that an article has been inspected and passed or is exempted under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 or knowingly make a false statement in any certificate provided for by rules prescribed by the board;

(d) sell or transport slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed;

(e) fail to keep any records required by 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 ;

(f) forge an official stamp, mark, or certificate;

(g) use, alter, deface, detach, or destroy an official stamp, mark, or certificate without authorization;

(h) fail to use or fail to detach, deface, or destroy an official stamp, mark, or certificate contrary to rules prescribed by the board;

(i) knowingly possess a counterfeit certificate, stamp, or label or the carcass or parts of the carcass of an animal bearing a counterfeit or improperly altered official mark;

(j) sell or transport an equine carcass or parts thereof unless they are conspicuously marked or otherwise identified to show the kind of animal from which they were derived;

(k) buy, sell, or transport livestock products or poultry products not intended for human food unless they are naturally inedible by humans or are denatured or identified as required by rules prescribed by the board;

(l) engage in the business of buying, selling, or transporting dead, dying, disabled, or diseased animals or parts of the carcasses of animals that died otherwise than by slaughter, or buy, sell, or transport dead, dying, disabled, or diseased livestock or poultry or the products of such livestock or poultry that died otherwise than by slaughter unless in accordance with rules adopted under 81-9-302 to assure that such livestock or poultry or the unwholesome parts or products thereof will be prevented from being used for human food purposes.

(2) A person who violates 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 or rules adopted under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 for which no other criminal penalty is provided is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than 1 year or by a fine of not more than $1,000, or both. If the violation involves intent to defraud or any distribution or attempted distribution of an article that is adulterated, such person is guilty of a felony and upon conviction is punishable by imprisonment for not more than 3 years or by a fine of not more than $10,000, or both.
Mont. Code Ann. § 81-7-602 — MT Code / Title 81 / Chapter 7 / Part 6 / Section 81-7-602
81-7-602 County commissioners authorized to establish predatory animal control program for protection of cattle
Status: in_force

81-7-602 . County commissioners authorized to establish predatory animal control program for protection of cattle. Upon the recommendation of an organized association of cattle producers in the county, the board of county commissioners may, either alone or in conjunction with the county commissioners of other counties, establish a predatory animal control program for the protection of cattle in the county or counties.
Mont. Code Ann. § 81-4-212 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-212
81-4-212 Castration of violating bulls
Status: in_force

81-4-212 . Castration of violating bulls. A bull found running at large on the open range or national forest reserve in violation of the provisions of 81-4-210 through 81-4-213 may be caught and castrated by any person finding the bull, provided that any purebred dairy bull found running at large may be taken up and the party holding the bull shall notify the owner in person. If the owner of the purebred bull does not take possession of the bull within 24 hours after being notified, the party holding the bull may castrate the bull.
Mont. Code Ann. § 81-8-278 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-278
81-8-278 Records
Status: in_force

81-8-278 . Records. A livestock dealer shall maintain records that disclose all purchases and sales of livestock. A livestock dealer shall, at all reasonable times, give the department access to and let the department copy any of the records relating to the dealer's business.
Mont. Code Ann. § 81-4-605 — MT Code / Title 81 / Chapter 4 / Part 6 / Section 81-4-605
81-4-605 Expenses, how paid -- disposition of proceeds of sale
Status: in_force

81-4-605 . Expenses, how paid -- disposition of proceeds of sale. (1) Expenses for collecting, holding, advertising, and selling of the estray, including but not limited to labor, feed, supplies, and veterinary services, shall be paid out of the gross proceeds of the sale of the estray, and the balance of the proceeds of the sale shall be forwarded to the department to be advertised as estray funds in the manner provided by law. The proceeds are subject to claim by the owner of the animal for a period of 2 years from the date of the sale. If the owner of the estray claims the animal before the sale of the animal, the expense incurred by the stock inspector to that time shall be paid by the owner.

(2) The department may adopt rules and establish fees for the handling of estrays.
Mont. Code Ann. § 81-2-601 — MT Code / Title 81 / Chapter 2 / Part 6 / Section 81-2-601
81-2-601 Tuberculin -- permission for sale or distribution of
Status: in_force

81-2-601 . Tuberculin -- permission for sale or distribution of. A person, firm, or corporation desiring to sell or distribute tuberculin for animal use in this state must first secure permission from the department.
Mont. Code Ann. § 81-4-602 — MT Code / Title 81 / Chapter 4 / Part 6 / Section 81-4-602
81-4-602 Estrays -- department authorized to take possession
Status: in_force

81-4-602 . Estrays -- department authorized to take possession. The department and its appointed stock inspectors may take possession of estrays found running at large in this state and may dispose of the estrays, subject to the following restrictions.
Mont. Code Ann. § 81-4-201 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-201
81-4-201 Animals running at large
Status: in_force

81-4-201 . Animals running at large. It is unlawful for an owner or person in control of swine, sheep, llamas, alpacas, bison, ostriches, rheas, emus, or goats to willfully permit the animals to run at large.
Mont. Code Ann. § 81-2-209 — MT Code / Title 81 / Chapter 2 / Part 2 / Section 81-2-209
81-2-209 When no indemnity
Status: in_force

81-2-209 . When no indemnity. (1) The owner of an animal or property destroyed under this chapter is entitled to indemnity, except in the following cases:

(a) animals belonging to the United States;

(b) animals brought into this state that violate this chapter or rules of the department;

(c) animals that the owner or claimant knew to be diseased or had notice of the disease at the time they came into the owner's or claimant's possession;

(d) animals that had the disease for which they were slaughtered or that were destroyed because of exposure to the disease at the time of their arrival in this state;

(e) animals that have not been in this state for at least 120 days before the discovery of the disease;

(f) when the owner or agent has not used reasonable diligence to prevent disease or exposure to disease;

(g) when the owner or agent has not complied with the rules of the department with respect to animals condemned;

(h) when animals condemned are not destroyed within 60 days after they are determined to be affected with or exposed to a disease that requires them to be destroyed by order of the department.

(2) Compensation or indemnity will not be paid for the destruction of livestock affected with tuberculosis or other infectious, contagious, communicable, or dangerous disease unless the entire herd or band of affected livestock is under the supervision of the department for the eradication of the disease.
Mont. Code Ann. § 81-8-702 — MT Code / Title 81 / Chapter 8 / Part 7 / Section 81-8-702
81-8-702 Montana quality label
Status: in_force

81-8-702 . Montana quality label. The department of livestock may make use of an outline map of the state of Montana and the word "Montana", printed, lithographed, inscribed, engraved, or otherwise impressed on the labels, tags, seals, or containers of agricultural or food products by a person who has taken advantage of the continuous official inspection service offered by the department of livestock as an indication that the product has been inspected by the officers, agents, or licensed inspectors of the department and that the products are of the quality and description as indicated on the label, tag, seal, or container. The outline map with the word "Montana", when made use of under this part, is known as the "Montana quality label". When an authorized department, agent, or officer of the United States collaborates with the department of livestock in the inspection of a product, the Montana quality label may, with the consent of the appropriate department, agency, or officer of the United States, be superimposed on an outline map of the United States on the label, tag, seal or container, indicating inspectional collaboration between the department of livestock and the department, agency, or officer of the United States.
Mont. Code Ann. § 81-9-402 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-402
81-9-402 Hide certificate -- identification
Status: in_force

81-9-402 . Hide certificate -- identification. (1) A seller of an animal hide shall obtain a hide certificate from the person receiving the hide. The department shall prescribe the form of the certificate, which must include the marks and brands on each hide. The party receiving the hide shall designate where it will be kept for 30 days following delivery. The certificate must be signed by the seller or the seller's agent and the person receiving the hide.

(2) The original certificate must be sent by the party receiving the hide to the department within 5 days after purchase. One copy must be retained by the seller, and one must be retained by the hide buyer. On reasonable notice, an inspector or other agent of the department or a peace officer may inspect the hide certificate copy of the seller or buyer.

(3) The department shall prescribe an identification tag to be affixed to each hide by the person receiving the hide when it is delivered. Hide certificates, tags, and glue must be furnished by the department at cost to any person requiring the certificates, tags, and glue. Only those certificates, tags, and glue distributed by the department may lawfully be used under this part.
Mont. Code Ann. § 81-20-101 — MT Code / Title 81 / Chapter 20 / Part 1 / Section 81-20-101
81-20-101 Poultry industry -- powers and authority of department
Status: in_force

81-20-101 . Poultry industry -- powers and authority of department. For the promotion and protection of the poultry industry and to prevent, control, and exterminate infectious, contagious, dangerous, and destructive diseases affecting poultry, the department shall:

(1) supervise the sanitary condition of poultry in this state, under the provisions of the constitution and statutes of this state and the rules adopted by the department. The department may quarantine any lot, yard, land, building, room, premises, enclosure, or other place or section in this state which is or may be used or occupied by poultry and which, in the judgment of the department, is infected or contaminated with an infectious, contagious, communicable, or dangerous disease or disease-carrying medium by which the disease may be communicated. The department may quarantine any poultry in this state when the poultry is affected with or has been exposed to disease or disease-carrying medium. The department may prescribe treatments and enforce sanitary rules which are necessary and proper to circumscribe, extirpate, control, or prevent the diseases.

(2) foster, promote, and protect the poultry industry in this state by the investigation of diseases and other subjects related to ways and means of preventing, controlling, and exterminating diseases of poultry;

(3) adopt and enforce rules for the prevention and extermination of such diseases and perform all other acts and things as may be necessary or proper in the fostering, promotion, or protection of the poultry industry in this state;

(4) adopt and enforce rules and orders necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting poultry in this state, including rules and orders necessary or proper governing inspections and tests of all poultry intended for importation into this state, before it may be imported into this state;

(5) adopt and enforce rules and orders necessary or proper for the inspection, testing, and quarantine of all poultry imported into this state.
Mont. Code Ann. § 81-2-502 — MT Code / Title 81 / Chapter 2 / Part 5 / Section 81-2-502
81-2-502 Illegal to feed garbage to swine
Status: in_force

81-2-502 . Illegal to feed garbage to swine. (1) It is unlawful to:

(a) handle, prepare, cook, or otherwise treat garbage to feed to swine or other animals; or

(b) feed garbage to swine or other animals.

(2) This part does not apply to a person who feeds only the person's own household garbage to swine or other animals under their ownership.
Mont. Code Ann. § 81-8-311 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-311
81-8-311 Range stock -- taking possession under process
Status: in_force

81-8-311 . Range stock -- taking possession under process. Whenever it is necessary for an officer or person charged with the service of process out of any of the courts of this state to take possession of any cattle or horses running at large and commonly known as range stock, between November 1 and the next succeeding May 15, it is a sufficient service of such process for the officer or person within 15 days after receiving the process for service to file a copy thereof with the county clerk of the county wherein such property is running at large, with a notice appended thereto stating the number as near as may be and a description of the stock by marks and brands, and stating that such property or a portion thereof, as the case may be, is attached or levied upon in pursuance of such process. Such officer or person shall make due return of the service of process.
Mont. Code Ann. § 81-2-104 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-104
81-2-104 Rules -- agreement with federal government
Status: in_force

81-2-104 . Rules -- agreement with federal government. When the department determines that it is necessary to eradicate or control an infectious, contagious, communicable, or dangerous disease of livestock in this state, in cooperation with the United States department of agriculture or other federal agency, and to appraise and destroy animals affected with or which have been exposed to a disease or to destroy property in order to remove the infection and complete the cleaning and disinfection of the premises or to do any act or incur any other expense reasonably necessary in suppressing this disease, the board may accept and adopt on behalf of the state the rules adopted by the United States department of agriculture or other federal agency under authority of an act of congress or the portion considered necessary, suitable, or applicable. The department may adopt other rules necessary or desirable for this purpose and cooperate with the United States department of agriculture or other federal agency in the enforcement of the rules accepted and adopted.
Mont. Code Ann. § 81-9-232 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-232
81-9-232 Regulation of equine carcasses or products
Status: in_force

81-9-232 . Regulation of equine carcasses or products. (1) Equines and their carcasses, parts of carcasses, and meat food products must be slaughtered and prepared in establishments separate from establishments where cattle, buffalo, sheep, swine, or goats are slaughtered or their carcasses, parts of carcasses, or meat food products are prepared.

(2) The board may by rule otherwise limit the entry of equine carcasses, parts of carcasses, meat food products, and other materials into any establishment where inspection under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 is maintained under conditions it may prescribe to ensure that allowing the entry of the articles into inspected establishments will be consistent with the purposes of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 .
Mont. Code Ann. § 81-8-703 — MT Code / Title 81 / Chapter 8 / Part 7 / Section 81-8-703
81-8-703 Limitation on use of label
Status: in_force

81-8-703 . Limitation on use of label. The Montana quality label may not be used except under the rules made for its use by the department of livestock, and it may not be used on the label, tag, seal, container, or product of a farm, factory, mill, or other producing, processing, packing, preparing, or dressing establishment unless the product is produced, processed, packed, prepared, or dressed under continuous official inspection.
Mont. Code Ann. § 81-3-231 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-231
81-3-231 Penalties
Status: in_force

81-3-231 . Penalties. (1) A person is guilty of a misdemeanor and is punishable as provided in subsection (5) if the person removes livestock or causes livestock to be removed from a county in this state:

(a) without having the livestock inspected before removal if an inspection is required by law;

(b) without obtaining a market consignment permit or transportation permit if the permits are required by law;

(c) after obtaining a market consignment permit for livestock but does not deliver the livestock transported under the permit to the livestock market designated in the market consignment permit;

(d) after obtaining a transportation permit for the livestock but does not deliver the livestock transported under the permit to the destination as shown on the transportation permit and fails to have the transported livestock inspected at the point of destination.

(2) A person who sells livestock or offers livestock for sale at a livestock market without having the livestock inspected or who removes livestock or causes livestock to be removed from a livestock market without obtaining a release is guilty of a misdemeanor and is punishable as provided in subsection (5).

(3) A person who has charge of livestock being removed from a county in the state for which an inspection certificate, a market consignment permit, a transportation permit, or a market release certificate has been issued and who fails to have in the person's possession when accompanying the livestock the inspection certificate, market consignment permit, transportation permit, or market release certificate as issued for the livestock or who, having the certificate of inspection, market consignment permit, transportation permit, or market release certificate, fails to exhibit it to a sheriff, deputy sheriff, constable, highway patrol officer, state stock inspector, or deputy state stock inspector upon request is guilty of a misdemeanor and is punishable as provided in subsection (5).

(4) Except as specifically otherwise provided, a person violating any of the provisions of this part is guilty of a misdemeanor and is punishable as provided in subsection (5).

(5) Upon conviction under this section, a person, firm, association, or corporation shall be fined not less than $50 or more than $500 or imprisoned in the county jail for a period of not more than 6 months, or both. Of all fines assessed and collected under this section, except those assessed and collected in a justice's court, 50% must be paid into the state treasury and credited to the state special revenue fund for the use of the department and 50% must be paid into the general fund of the county in which the conviction occurred.