Mont. Code Ann. § 81-4-322 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-322
81-4-322 Horse herd districts -- size -- location -- petition -- notice and hearing -- abolishment
Status: in_force

81-4-322 . Horse herd districts -- size -- location -- petition -- notice and hearing -- abolishment. (1) Horse herd districts may be created in any county in the state of Montana upon the petition of owners or possessors of 55% of the land of the district. The district must contain 12 square miles or more lying not less than 1 mile in width outside of incorporated cities or towns. The petition must designate the months of the year when horse herd district regulations are effective.

(2) Upon presentation and filing of a petition properly signed and reciting the outside boundaries and description of the proposed district, together with the post-office address of the signers, with the clerk and recorder in the county in which the the district is being created, the county commissioners of the county upon receipt of the petition shall set a date for hearing protests and verification of signatures and shall give not less than 20 days' notice of the hearing by three publications in a newspaper of general circulation in the county of the proposed district. If it appears to the county commissioners, after the hearing, that the signatures attached to the petition were genuine, they shall immediately make an order declaring the horse herd district created and established, after which the county commissioners shall give notice by two weekly publications in some newspaper in the county, nearest the district, stating the period when the horse herd district will be in effect and when the district is not in effect. The order may not be effective until 30 days have expired after the order.

(3) Herd districts may be abolished at any time upon proceedings as set forth for the establishment of a herd district.

(4) The estimated expense of all publications required by 81-4-321 through 81-4-328 must be paid by the petitioners, and no part of the expenses may be paid by the county.

(5) Upon petition of an owner or possessor of land lying contiguous and adjoining any horse herd district and upon like hearing and notice as provided in this section, the lands must be included in the horse herd district and become a part of the district.

(6) If the signature of a lessee appears on the petition creating or abolishing any horse herd district, the owner or owners of the land may appear either in person or by agent and enter their protest, and the board of county commissioners shall remove the name of the lessee from the petition. A person may not be permitted to withdraw the person's name after the hour set for hearing the petition.
Mont. Code Ann. § 81-22-103 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-103
81-22-103 New or amended rules -- mailing -- hearing -- judicial review
Status: in_force

81-22-103 . New or amended rules -- mailing -- hearing -- judicial review. (1) Every new or amended rule proposed by the department under this chapter shall be mailed to each person licensed under this chapter who will be affected by the rule, at least 45 days before the date on which the rule becomes effective.

(2) On application in writing filed at least 15 days before the effective date of the proposal by a person licensed under this chapter, the department shall vacate the effective date of the proposed rule and hold a public hearing on and take evidence concerning it. Within 30 days after the conclusion of the hearing, the department shall make written findings and conclusions and a written decision based on the hearing, determining whether the rule shall be adopted. A new or amended rule adopted following the hearing and conclusion may not take effect until 90 days after the date of the decision.

(3) The district court of the first judicial district has jurisdiction to review, modify, or set aside a decision adopting a new or amended rule under this chapter on petition made to it at any time before the effective date of the rule by a person claiming to be adversely affected by the decision.
Mont. Code Ann. § 81-20-208 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-208
81-20-208 Penalties
Status: in_force

81-20-208 . Penalties. Any person failing to comply with the provisions of this part or any rules adopted pursuant to this part is guilty of a misdemeanor and upon conviction for the first offense shall be punished by a fine of not less than $25 or more than $75. Upon conviction for the second or any subsequent violation of the foregoing provisions of this part the violator shall be fined not less than $50 or more than $200.
Mont. Code Ann. § 81-7-115 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-115
81-7-115 Duty of county clerk
Status: in_force

81-7-115 . Duty of county clerk. (1) The county clerk shall, on receipt of each certificate, file the certificate in the order in which it is received and safely keep it until the arrival of the skin or skins mentioned in the certificate. On receipt of the skin or skins, the county clerk shall call upon either the county treasurer or, in the treasurer's absence, the clerk of the district court who, with both present in order to prevent fraud, shall examine each scalp or mountain lion lower jaw skin. If the examination discloses that the scalps or lower jaw skins agree with the number and kind of scalps or lower jaw skins mentioned in the certificate, the county clerk shall, in the presence of the treasurer or clerk of the district court, destroy the scalps or lower jaw skins by fire.

(2) The county clerk shall then make out and deliver to the person named in that certificate a second certificate showing the statement of the facts contained in the certificate to the sheriff, undersheriff, or deputy sheriff, with the additional statement of the examination made by the clerk and that the clerk found the scalps or lower jaw skins to agree with the number and kind mentioned in the certificate of the sheriff, undersheriff, or deputy sheriff. A bounty certificate may not be issued by the county clerk for more scalps or lower jaw skins than are actually received and counted.

(3) For each scalp or skin of a mountain lion lower jaw accounted for, the county clerk must receive the sum of 5 cents to be paid quarterly by the state treasurer out of the bounty fund.

(4) The county clerk shall keep a record of all certificates received and issued, showing the date and description of the number and kind of hides and the names of the persons presenting the hides, and this record is an official record. County clerks are required to send a report and statement to the department on or before the 20th of each month.
Mont. Code Ann. § 81-2-102 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-102
81-2-102 Powers of department
Status: in_force

81-2-102 . Powers of department. (1) The department may:

(a) supervise the sanitary conditions of livestock 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 a lot, yard, land, building, room, premises, enclosure, or other place or section in this state that is or may be used or occupied by livestock and that 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 livestock in this state when the livestock is affected with or has been exposed to disease or disease-carrying medium. The department may prescribe treatments and enforce sanitary rules that are necessary and proper to circumscribe, extirpate, control, or prevent the disease.

(b) foster, promote, and protect the livestock industry in this state by the investigation of diseases and other subjects related to ways and means of prevention, extirpation, and control of diseases or to the care of livestock and its products and to this end may establish and maintain a laboratory, may make or cause to be made biologic products, curatives, and preventative agents, and may perform any other acts and things as may be necessary or proper in the fostering, promotion, or protection of the livestock industry in this state;

(c) impose and collect fees that the department considers appropriate for the tests and services performed by it at the laboratory or elsewhere and for biologic products, curatives, and preventative agents made or caused to be made by the department. In fixing these fees, the department shall take into consideration the costs, both direct and indirect, of the tests, services, products, curatives, and agents. All fees must be deposited in the enterprise fund account established in 81-2-116 for the use of the animal laboratory functions of the department.

(d) subject to subsection (2), adopt rules and orders that it considers necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting livestock and alternative livestock in this state;

(e) (i) adopt rules and orders that it considers necessary or proper for the inspection, testing, and quarantine of all livestock and alternative livestock imported into this state; and

(ii) adopt rules and orders that it considers necessary or proper governing inspections and tests of livestock and alternative livestock intended for importation into this state to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting livestock and alternative livestock;

(f) adopt rules and orders that it considers necessary or proper for the supervision, inspection, and control of the standards and sanitary conditions of slaughterhouses, meat depots, meat and meat food products, dairies, milk depots, milk and its byproducts, barns, dairy cows, factories, and other places and premises where meat or meat foods, milk or its products, or any byproducts thereof intended for sale or consumption as food are produced, kept, handled, or stored. An authorized representative of the department may take samples of a product so produced, kept, handled, or stored for analysis or testing by the department. The records of the samples and their analysis and test, when identified as to the sample by the oath of the officer taking it and verified as to the analysis or test by the oath of the chemist or bacteriologist making it, are prima facie evidence of the facts set forth in them when offered in evidence in a prosecution or action at law or in equity for violation of 81-9-201 , 81-20-101 , 81-21-102 , 81-21-103 , part 1, 2, or 3 of this chapter, or a rule or order of the board adopted thereunder. These standards, insofar as they relate to dairies or milk and its byproducts, may not include standards of weight or measurement. A producer as defined in 50-49-202 selling homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, is not subject to the rules and orders adopted under this subsection (1)(f) as those relate to the licensure, permitting, certification, packaging, labeling, or inspection that pertains to the preparation, serving, use, consumption, delivery, or storage of homemade food or a homemade food product.

(g) adopt rules and orders that seem necessary or proper for the supervision and control of manufactured and refined foods for livestock and the manufacture, importation, sale, and method of using a biologic remedy or curative agent for the treatment of diseases of livestock. However, as far as practicable, the standards approved by the United States department of agriculture must be adopted.

(h) slaughter or cause to be slaughtered any livestock in this state known to be affected with or that has been exposed to an infectious, contagious, communicable, or dangerous disease, when the slaughter is necessary for the protection of other livestock, and destroy or cause to be destroyed all barns, stables, sheds, outbuildings, fixtures, furniture, or personal property infected with any infectious, contagious, communicable, or dangerous disease when they cannot be thoroughly cleaned and disinfected and the destruction is necessary to prevent the spreading of the disease;

(i) indemnify the owner of any property destroyed by order of the department or pursuant to any rules adopted by the department under 81-20-101 , 81-21-102 , 81-21-103 , or part 1, 2, or 3 of this chapter;

(j) require persons, firms, and corporations engaged in the production or handling of meat, meat food products, dairy products, or any byproducts thereof to furnish statistics of the quantity and cost of the food and food products produced or handled and the name and address of persons supplying them any of the products.

(2) (a) As used in subsection (1)(d), "order" means a command, direction, or instruction issued by the department, board, or board's administrator in circumstances that clearly constitute an existing imminent peril to the public health, safety, or welfare or to animal health or welfare.

(b) An order under subsection (1)(d) may last no more than 5 years and may be altered or rescinded as necessary to address the circumstances set out in subsection (1)(d). An order may not be used to create a permanent program.

(c) As used in subsection (2)(b), "program" means a legislatively or administratively created function, project, or duty of an agency.

(3) When in the exercise of its powers or the discharge of its duties it becomes necessary for employees of the department to investigate facts and conditions, they may administer oaths, take affidavits, and compel the attendance and testimony of witnesses.
Mont. Code Ann. § 81-1-302 — MT Code / Title 81 / Chapter 1 / Part 3 / Section 81-1-302
81-1-302 Duties of administrator
Status: in_force

81-1-302 . Duties of administrator. The administrator, subject to the rules of the board, may act for and perform the duties imposed by law on the board when the board is not in session, but any order or regulation promulgated by the administrator is subject to review, modification, or annulment by the board.
Mont. Code Ann. § 81-4-505 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-505
81-4-505 Roundup supervisor -- duties -- bond
Status: in_force

81-4-505 . Roundup supervisor -- duties -- bond. (1) All roundups must be under the control and supervision of the board of county commissioners of the county in which the roundup is held. Roundup districts must be numbered in the order of their creation. Each roundup must be conducted by a person designated or employed by the board of county commissioners, whose official designation must be "roundup supervisor, .... roundup district, .... County, state of Montana".

(2) The roundup supervisor shall maintain headquarters at the place designated by the board of county commissioners in its order as the headquarters of the roundup. The roundup supervisor has the power to administer oaths and affirmations in all matters coming within the scope of official duties.

(3) If the roundup supervisor is not employed by the board of county commissioners, the board shall require from the roundup supervisor an official bond, in an amount not less than $2,500 and not to exceed $5,000. The bond must be conditioned as official bonds of county officers and is subject to all provisions of law applicable to county officer bonds.
Mont. Code Ann. § 81-7-301 — MT Code / Title 81 / Chapter 7 / Part 3 / Section 81-7-301
81-7-301 Definition
Status: in_force

81-7-301 . Definition. The word "owners" or "persons" shall include natural persons, partnerships, corporations, trusts, and estates.
Mont. Code Ann. § 81-8-271 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-271
81-8-271 License to operate as livestock dealer -- application
Status: in_force

81-8-271 . License to operate as livestock dealer -- application. (1) A person may not operate as a livestock dealer without a license. A person who wishes to operate as a livestock dealer shall file with the department an application for a license to transact business on a form prescribed by the department, stating the type of license sought and the following information:

(a) the names of the persons applying for the license, together with their permanent addresses and, if the applicant is a firm, association, partnership, or corporation, the names of its directors, officers, and members, if applicable;

(b) the post-office address and principal place of business of the applicant;

(c) if the applicant is a foreign corporation, its principal place of business outside the state, the name of the state in which it is incorporated, and a statement showing that it has complied with the laws of this state relating to foreign corporations and its right to do business in this state; and

(d) proof of acquisition of a bond or its equivalent from the packers and stockyards administration of the United States department of agriculture.

(2) An application fee of $50 must be submitted with each application for a livestock dealer's license. The fee is the first annual fee if the license is granted.

(3) A person who purports to act as an agent for a livestock dealer in the purchase or sale of livestock may not engage in those business activities without a livestock dealer's license.
Mont. Code Ann. § 81-22-409 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-409
81-22-409 Adulterating milk or cream unlawful
Status: in_force

81-22-409 . Adulterating milk or cream unlawful. (1) It shall be unlawful for any person to adulterate milk or cream produced or sold for manufacturing purposes or for any manufactured dairy product to contain an adulterant. For purposes of this chapter, the presence of any antimicrobial substance, pesticide residuals, unapproved coloring, food additives, or foreign substances added directly to or assimilated into such products which are not explicitly allowed in the Code of Federal Regulations, except for the addition of adulterants for rejection purposes, shall be deemed adulterated. Violations of this subsection shall be misdemeanors and shall be punishable by fine or imprisonment, or both, as provided in this chapter.

(2) It shall be unlawful for any person to sell, manufacture, exchange, display, or offer or expose for sale or exchange, as milk or cream, any impure, colored, adulterated, or unwholesome milk or cream or any substance in the semblance or imitation of milk or cream, nor shall any such impure, colored, adulterated, or unwholesome milk or cream be used in the manufacture of any article of food for human beings.
Mont. Code Ann. § 81-3-204 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-204
81-3-204 Seizure of livestock -- retention of livestock -- sale -- disposal of proceeds
Status: in_force

81-3-204 . Seizure of livestock -- retention of livestock -- sale -- disposal of proceeds. (1) All state stock inspectors inspecting any livestock before or after shipment or removal from any county in this state, upon a change of ownership, or at the preslaughter inspection at a licensed slaughterhouse may inspect and seize either at the point of sale, shipment, destination, or slaughter or en route any livestock or proceeds from livestock that the inspector believes are stolen or upon which brands have been altered or obliterated or that does not conform to the description contained on the tally sheet furnished by the shipper or to the description contained in any certificate of inspection or release issued before shipment or removal of the livestock.

(2) Upon taking possession of livestock under this section, a state stock inspector may retain the livestock in the inspector's possession for 15 days to make further investigation relative to its ownership. A state stock inspector may either at once or at any time within 15 days sell the livestock at a licensed livestock market or in the open market for the best available price and remit the proceeds, less the cost of keeping and sale, to the department together with a full description of the livestock sold, giving marks and brands, if any, and a statement of the reason for the seizure and sale. The proceeds must be deposited by the department with the state treasurer and credited to the department fund, where it is subject to claim by the owner of the livestock in the same manner and for the same length of time as is provided by law for the making of claims for moneys arising from the sale of stray stock.
Mont. Code Ann. § 81-22-101 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-101
81-22-101 Definitions
Status: in_force

81-22-101 . Definitions. For the purpose of this chapter, the following definitions are adopted:

(1) "Agent" means a person who is authorized by another person to act for that other person in dealing with a third person.

(2) "Butter" is the clean, nonrancid product made by gathering the fat of fresh ripened milk or cream into a mass that also contains a small portion of the other milk constituents, with or without salt, and must contain not less than 80% of milk fat. No tolerance for deficiency in milk fat is permitted. Butter may also contain added coloring matter.

(3) "Cheese" is the sound, solid, and ripened product made from milk or cream by coagulating the casein with rennet or lactic acid, with or without ripening ferments and seasoning, and must contain in the water-free substance not less than 50% of milk fat and not more than 39% of moisture. Cheese may also contain added coloring matter.

(4) "C.I.P." means the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation when this procedure meets the 3-A accepted practices for permanently installed sanitary product-pipelines and cleaning systems.

(5) "Code of Federal Regulations" refers especially but is not limited to Title 21, which contains the definitions and standards of identity for products as established by the food and drug administration, United States department of health and human services.

(6) "Cream" means the milk fat that rises to the surface when milk is allowed to stand or that is separated from milk by centrifugal force when sold, used, or intended for use in a manufactured product.

(7) "Creamery" means a place where butter is made for commercial purposes.

(8) "Culture" means the harmless lactic acid fermenting bacteria that are added to milk or cream to make manufactured dairy products like cultured buttermilk, cheese, cottage cheese, yogurt, sour cream, cream cheese, butter, and similar products.

(9) "Dairy" or "dairy farm" means a place where 6 or more lactating cows, 11 or more lactating goats, 11 or more lactating sheep, or 11 or more of any lactating hoofed mammals are kept, a part or all of the milk or cream from which is used for manufacturing purposes.

(10) The term "department", unless otherwise indicated, means the department of livestock provided for in Title 2, chapter 15, part 31.

(11) "Directly acidified" and similar terms mean the process of adding a food grade acid to milk or cream instead of or in addition to the adding of culture.

(12) "Filled dairy products" means milk, cream, skimmed milk, or any combination of these, whether or not condensed, evaporated, concentrated, frozen, powdered, dried, or desiccated, or any food product made or manufactured from them, to which has been added or which has been blended or compounded with fat or oil other than milk fat so that the resulting product is in imitation or semblance of a dairy product, including milk, cream, sour cream, skimmed milk, ice cream, low-fat ice cream, whipped cream, flavored milk or skim milk yogurt, dried or powdered milk, cheese, cream, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix, low-fat ice cream mix, sherbet, condensed milk, evaporated milk, or concentrated milk.

(13) "French ice cream", "French custard ice cream", and similar frozen products, except sherbets and water ices, are varieties of ice cream.

(14) "Grading" means the examination of milk, cream, or products by sight, odor, taste, or laboratory analysis, the results of which determine a grade designating their quality.

(15) "Ice cream" is a frozen product made with pure, sweet milk, cream, skim milk, evaporated or condensed milk, evaporated or condensed skim milk, dry milk, dry skim milk, pure milk fat, wholesome sweet butter, or any combination of these products, with or without sweetening, or clean wholesome eggs or egg products, with or without the use of harmless flavoring and coloring. Ice cream must contain not less than 10% of milk fat, not less than 33% total solids, and may or may not contain pure and harmless edible stabilizer. Ice cream may contain not to exceed 1% gelatin. A frozen milk or milk product may not be manufactured or sold unless it contains at least 10% butterfat, excepting sherbets, ices, and other exceptions under this section. All ice cream must be manufactured from pasteurized ice cream mix.

(16) (a) "Ice cream mix" is a pasteurized, unfrozen product used in the manufacture of ice cream and must comply with the requirements for ice cream.

(b) "Mix" includes the liquid, unfrozen product from which those frozen products listed under subsections (21)(a)(iii) through (21)(a)(xii) are made.

(17) "Intrastate commerce" means commerce within this state under the jurisdiction of the state and includes the operation of a business or service establishment.

(18) "Manufactured dairy product" means an item enumerated in subsection (21) or any other dairy product made by incorporating milk or cream or converting milk or cream into a different state of appearance or quality. For purposes of reporting production and licensing, manufactured dairy product includes but is not limited to:

(a) ice cream or its mix;

(b) French ice cream, custard ice cream, French custard ice cream, their low-fat counterparts, or their mixes;

(c) sherbets of all kinds or their mixes;

(d) animal or vegetable fat frozen desserts or their mixes;

(e) frozen confections or their mixes when made in a manufactured dairy products plant;

(f) water ices or their mixes;

(g) frozen dessert sandwiches, bars, cones, and similar novelties;

(h) frozen dessert made of nondairy origins and other products made in the semblance or imitation of dairy products or their mixes when made in a manufactured dairy products plant;

(i) ice milk or its mix;

(j) cheese of all kinds, including cottage cheese, cheese curd, cheese dressing, and cream cheese, either cultured or directly acidified;

(k) sour cream when cultured or directly acidified;

(l) eggnog, low-fat eggnog, eggnog-flavored milk, and similar flavored products;

(m) buttermilk, cultured or from churned butter or directly acidified;

(n) butter;

(o) yogurt, low-fat yogurt, or flavored yogurt, either cultured or directly acidified or frozen.

(19) "Manufactured dairy products plant" or "factory" means a place where milk or cream is collected and converted into a product or into a different state of appearance or quality or that manufactures those products listed in subsection (21). If only products of semblance or imitation of dairy products are made, the plant is not considered a manufactured dairy products plant.

(20) "Milk" means the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy hoofed mammals located in modified accredited areas and modified certified areas or from hoofed mammals in herds fully accredited as tuberculosis-free by the United States department of agriculture or in the process of being accredited, when the milk or cream is sold for use in, intended for use in, or used in a manufactured dairy product.

(21) (a) "Milk" and "cream" mean milk and cream sold, used, or intended for manufacturing purposes or for conversion into products of a form other than the form in which originally produced or products commonly known as but not limited to:

(i) butter;

(ii) cheese, including cottage cheese, low-fat cottage cheese, cheese curd, and cream cheese, which are either cultured or directly acidified, and cheese dressings;

(iii) ice cream or its mix;

(iv) frozen dessert or its mix;

(v) sherbets of all kinds or their mixes;

(vi) frozen ice cream bars, sandwiches, cones, and similar novelties;

(vii) frozen desserts or products made in the semblance or imitation of frozen dessert;

(viii) frozen confections or their mixes;

(ix) water ices or their mixes;

(x) ice milk or its mix;

(xi) French ice cream, French custard, or their mixes;

(xii) frozen custard or its mix and frozen yogurt;

(xiii) yogurt, flavored yogurt, and low-fat yogurt;

(xiv) sour cream, either cultured or directly acidified;

(xv) cream cheese, either cultured or directly acidified;

(xvi) buttermilk, either cultured, from churned butter, or directly acidified;

(xvii) eggnog, low-fat eggnog, eggnog-flavored milk, whipped cream, flavored toppings, and similar flavored products;

(xviii) dry or powdered milk; and

(xix) condensed milk products.

(b) The items specified in subsection (21)(a) must conform to the standards of identity set forth in the Code of Federal Regulations. If standards of identity are not set forth in the code, then the standards adopted by the department prevail. The labeling of manufactured dairy products must be in accordance with the Montana Food, Drug, and Cosmetic Act.

(22) "Milk or cream station" means a place other than a creamery where deliveries of milk or cream are weighed, graded, sampled, tested, or collected for purchase.

(23) "Mislabeled", "unwholesome", "food additives", "optional ingredients", "impure", "misbranded", "contaminated", "adulterated", "perishable", "hazardous", "unfit", "spoiled", "damaged", and similar terms, when applied to a manufactured dairy product or product made in semblance or in imitation of a manufactured dairy product, are as defined in Title 50, chapter 31.

(24) "Official test" means test procedures outlined in the sources referred to under 81-22-301 concerning samples, methods, and rules of evidence.

(25) "Pasteurization", "pasteurizing", and similar terms mean the process of heating every particle of milk or milk product to at least 145 degrees F and holding it continuously at or above this temperature for at least 30 minutes or to at least 161 degrees F and holding it continuously at or above this temperature for at least 15 seconds in equipment that is properly operated and approved by the department. Milk products that have a higher fat content than milk or contain added sweeteners must be heated to at least 155 degrees F and held continuously at or above this temperature for at least 30 minutes, or to at least 175 degrees F and held continuously at or above this temperature for at least 25 seconds. This definition does not bar any other pasteurization process that has been recognized by the United States public health service to be equally effective and that is approved by the department.

(26) "Person" means an individual, firm, partnership, corporation, cooperative, or other business unit or trade device.

(27) "Producer" means the person who exercises control over the production of milk or cream delivered to a milk or cream receiving station or manufactured dairy products plant or who receives payment for milk or cream used in manufacturing.

(28) "Safe temperature" means 45 degrees F or less unless the product is frozen, in which case the temperature must be at or below 0 degrees F.

(29) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, 10 lactating sheep, or 10 other lactating hoofed mammals are kept for producing milk.

(30) "Testing", "test", "tested", and similar words mean the examination of milk, cream, or manufactured dairy products by sight, odor, taste, or biological or chemical laboratory analysis to determine their quality, wholesomeness, or composition.

(31) "Water ice" means a frozen product containing but not limited to the following ingredients: water, sugar, flavoring, coloring, stabilizers, and other ingredients allowed by the Code of Federal Regulations as optional ingredients.
Mont. Code Ann. § 81-4-401 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-401
81-4-401 Certain livestock not to run at large in municipalities
Status: in_force

81-4-401 . Certain livestock not to run at large in municipalities. Horses, cattle, mules, sheep, llamas, alpacas, bison, goats, or swine may not be allowed to run at large in any incorporated city or town.
Mont. Code Ann. § 81-4-513 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-513
81-4-513 Report of roundup supervisor -- disposition of copies
Status: in_force

81-4-513 . Report of roundup supervisor -- disposition of copies. The roundup supervisor in charge of the roundup shall keep an accurate record of all proceedings under the order for the roundup. Within 30 days after the roundup is completed, the supervisor shall prepare in triplicate and verify by oath a full, true, and accurate report of all the proceedings under the order for the roundup. The report must include a complete financial statement, the number and description of horses impounded, and the manner of disposition of the horses. One copy of the report must be filed with the clerk of the board of county commissioners, and the filing is notice of the contents of the report and prima facie proof of the facts stated in the report. Copies of the report must be filed with the department of revenue and with the county treasurer for their information and appropriate action.
Mont. Code Ann. § 81-22-106 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-106
81-22-106 Names and addresses of producers furnished on request
Status: in_force

81-22-106 . Names and addresses of producers furnished on request. The operator of any manufactured dairy products plant or grade A milk plant shall, on request of the department, furnish the department with the names and addresses of all producers from whom the plant obtains milk or cream.
Mont. Code Ann. § 81-4-220 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-220
81-4-220 Marking -- right of action against trespassing stock
Status: in_force

81-4-220 . Marking -- right of action against trespassing stock. A person owning or possessing agricultural or grazing land or patented or unpatented mining claims lying within the national forest reserves of this state or on the public range lying adjoining to any national forest reserve, the boundaries of which lands are not marked as required by the provisions of 81-4-218 through 81-4-220 , may not have any claim or cause of action or right of action against the owner of sheep, cattle, or other livestock under the charge of a herder for trespass committed by the livestock upon that land, and this is the rule regardless of whether the trespassing livestock strayed on the land on their own inclination and without being driven or whether the livestock were herded or driven on the land. However, a person or persons may not claim exemption for trespassing under the provisions of this section if the person or persons have actual knowledge of the boundary lines of lands referred to in this section. Damages, other than nominal damages, may not be assessed against the trespass unless the landowner or the landowner's duly authorized agent, within 6 months after the trespass has been committed, gives the trespasser written notice demanding a sum certain for damages sustained by reason of the trespass.
Mont. Code Ann. § 81-4-509 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-509
81-4-509 Proof of ownership -- payment of taxes and penalties -- decision of commissioners on claim
Status: in_force

81-4-509 . Proof of ownership -- payment of taxes and penalties -- decision of commissioners on claim. A person claiming an abandoned horse or horses as provided in 81-4-508 shall, within 5 days after serving the notice provided for in 81-4-508 or within a further time that the board of county commissioners allows, upon good cause shown, submit to the board proof of ownership and shall deposit with the board the amount of any unpaid taxes and penalties that may be assessed against the horse or horses, together with a $100 roundup fee. The board shall decide all cases in preference to all other matters coming before it and at the earliest possible moment. If the claim is allowed, the roundup supervisor in charge of the roundup must immediately be notified of the decision and the supervisor shall deliver the horse or horses to the owner upon payment of any amount due from the owner for the estimated cost of keeping and feeding the horse or horses. The deposit made by the owner of taxes, penalties, and the roundup fee must be delivered by the board to the county treasurer. If the board denies the claim of ownership, it shall notify the person in charge of the roundup of its decision and the horse or horses as to which the claim is denied must be offered for sale at the earliest convenient session of the sales being held under the roundup. If the horses are not sold, they must be destroyed or otherwise disposed of as though no claim had been presented.
Mont. Code Ann. § 81-9-229 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-229
81-9-229 Assignment of inspectors
Status: in_force

81-9-229 . Assignment of inspectors. (1) The chief shall assign inspectors to each official establishment and may assign one inspector to two or more establishments.

(2) No establishment may slaughter or process cattle, buffalo, horses, sheep, swine, goats, or poultry unless an assigned inspector is present. The hours of the day and days of each week, including holidays or weekends, when the establishment is slaughtering or processing meat must be satisfactorily arranged between the chief and each establishment. Establishments shall pay overtime fees to the board when services are rendered in excess of 8 hours a day or on holidays or weekends.
Mont. Code Ann. § 81-22-408 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-408
81-22-408 Manufacturer's and wholesaler's or retailer's names to appear on package -- use of codes and numbers permitted
Status: in_force

81-22-408 . Manufacturer's and wholesaler's or retailer's names to appear on package -- use of codes and numbers permitted. (1) All manufactured dairy products sold, offered, displayed, or exposed for sale at wholesale or retail in this state, wherever manufactured, must be packaged in a protective wrapper or package and must have the manufacturer's and wholesaler's or retailer's names clearly printed in a conspicuous place on the package or wrapper in which it is sold.

(2) If a manufactured dairy product is packaged in a plant other than that of the plant whose name appears on the package or wrapper, the package or wrapper shall also show the name of the plant at which the product was packaged or wrapped.

(3) This section does not prevent the use of codes or numbers which designate the packaging or wrapping plant if these codes or numbers are registered with the department.
Mont. Code Ann. § 81-22-417 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-417
81-22-417 Making or selling products in violation of chapter prohibited -- penalty
Status: in_force

81-22-417 . Making or selling products in violation of chapter prohibited -- penalty. It is unlawful for a person, firm, or corporation or its servant or agent to manufacture, sell, or expose or offer for sale or exchange butter or other substance or commodity defined in this chapter containing less butterfat or other ingredient than required by this chapter. A violator is guilty of a misdemeanor and is punishable under 81-22-601 .
Mont. Code Ann. § 81-9-316 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-316
81-9-316 Disposal of hides -- inspection -- filing of record
Status: in_force

81-9-316 . Disposal of hides -- inspection -- filing of record. When a licensed renderer or the renderer's agent disposes of the hides from dead or fallen animals, the hides must be handled and inspected for marks and brands in conformity with Title 81, chapter 9, part 4. The sheriff, deputy sheriff, person designated by the board of county commissioners, or agent of the department who makes the inspection for marks and brands in conformity with Title 81, chapter 9, part 4, shall complete the original dead or fallen animal record that accompanies the hide by inserting the person's inspector's tag number. The person shall file the completed original dead or fallen animal record without cost in the office of the county clerk and recorder, together with the duplicate certificate of inspection required to be filed under Title 81, chapter 9, part 4.
Mont. Code Ann. § 81-8-272 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-272
81-8-272 Issuance of livestock dealer's license
Status: in_force

81-8-272 . Issuance of livestock dealer's license. When an applicant has paid the fee and met the requirements of 81-8-271 , the department shall issue to the applicant a license which entitles the licensee to operate as a livestock dealer for a period of 1 year unless the license is suspended or revoked under this part.
Mont. Code Ann. § 81-4-402 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-402
81-4-402 Punishment for permitting trespass of livestock
Status: in_force

81-4-402 . Punishment for permitting trespass of livestock. Any person owning livestock or having in charge any horses, mules, cattle, sheep, llamas, alpacas, bison, goats, or swine who willfully and unlawfully permits the livestock to trespass in violation of any of the provisions of 81-4-401 is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
Mont. Code Ann. § 81-7-203 — MT Code / Title 81 / Chapter 7 / Part 2 / Section 81-7-203
81-7-203 County bounty fund
Status: in_force

81-7-203 . County bounty fund. The tax collected under this part must be credited by the county treasurer to a fund to be known as "county bounty fund" and must be paid out by the treasurer upon properly drawn warrants issued on the fund by the county clerk.
Mont. Code Ann. § 81-4-215 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-215
81-4-215 Liability of owners of stock for trespass
Status: in_force

81-4-215 . Liability of owners of stock for trespass. If any cattle, horses, mules, asses, hogs, sheep, llamas, alpacas, bison, or other domestic animals break into any enclosure and the fence of the enclosure is legal, as provided in 81-4-101 , the owner of the animals is liable for damages to the owner or occupant of the enclosure if the owner or person in control of the animals was negligent. This section may not be construed to require a legal fence in order to maintain an action for injury done by animals running at large contrary to law. In the case of trespassing animals in a herd district, the liability and damage provisions of 81-4-307 apply.
Mont. Code Ann. § 81-22-205 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-205
81-22-205 Examination and licensing of persons engaged in testing
Status: in_force

81-22-205 . Examination and licensing of persons engaged in testing. (1) A person may not operate a butterfat, protein, solids, or other component content test where milk or cream is bought and paid for on the basis of these values without first passing an appropriate examination and obtaining the license required by the department. A person desiring to operate these tests shall apply to the department for permission to take the butterfat, protein, solids, or other component content test operator's examination. The examination must be given to the applicant by the department. On passing the examination to the satisfaction of the department, the applicant must be issued a license authorizing the applicant to conduct these tests in this state. The department shall establish a fee to be paid for each license and for each renewal.

(2) Milk and cream tester's licenses may be revoked, suspended, or denied when testing is not conducted under official test procedures or under department rules. If the tester regularly or habitually reports results below the actual values of the butterfat, protein, solids, or other compound component values, the licensee is subject to the penalties provided in this chapter. A person who alters the results of an official test is subject to the penalties provided in this chapter.
Mont. Code Ann. § 81-8-214 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-214
81-8-214 Regulation of certain nonmarket sales
Status: in_force

81-8-214 . Regulation of certain nonmarket sales. (1) A person not a livestock market operator authorized under this part conducting the sale of livestock in a breed sale, a breed association sale, or at a test station sale, except when all of the livestock are owned by that person and are being sold from that person's own place, shall obtain approval from the department before conducting the sale.

(2) The department, as conditions to granting approval, may require:

(a) the names and addresses of those conducting the sale;

(b) the date and time when and the place where the sale will be conducted;

(c) a detailed statement of the assets and liabilities of the persons conducting the sale;

(d) the establishment of a custodial account into which all money received for the sale of livestock must be deposited;

(e) the posting of a reasonable bond or its equivalent in an amount determined by the department;

(f) the commissions or charges proposed to be imposed on the owners of livestock for services associated with the sale;

(g) a guarantee to pay all consignors in full within a reasonable time as set by the department; and

(h) other information that the department considers necessary.
Mont. Code Ann. § 81-4-218 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-218
81-4-218 Marking land and mining claims in national forest
Status: in_force

81-4-218 . Marking land and mining claims in national forest. It shall be the duty of the owner or the person holding possessory right to all unfenced lands or patented or unpatented mining claims, which said lands or patented or unpatented mining claims lie within the boundary of national forest reserves in the state of Montana or which lie on public ranges adjoining to any national forest reserve, to mark the boundaries thereof by substantial monuments that can be readily seen and observed so that such boundaries can be readily traced.
Mont. Code Ann. § 81-8-304 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-304
81-8-304 Fees
Status: in_force

81-8-304 . Fees. The department shall charge a fee for filing and listing the notices of security agreements for each recorded brand listed in each security agreement and for filing and listing each notice of satisfaction, renewal, or assignment of the security agreement for each recorded brand listed. The fees shall be set by rules adopted pursuant to the Montana Administrative Procedure Act, upon the basis of actual cost to the department for each brand listed. All fees shall be paid into the state special revenue fund for the use of the department.
Mont. Code Ann. § 81-6-206 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-206
81-6-206 Formation of county district authorized -- petition of cattle owners -- declaration by county commissioners
Status: in_force

81-6-206 . Formation of county district authorized -- petition of cattle owners -- declaration by county commissioners. A cattle protective district embracing part of one county in the state of Montana may be formed upon the filing of a petition by cattle growers within said district with the board of county commissioners in said county. Such petition must be signed by at least 51% of the cattle owners owning 55% of the cattle for the protection of which the district is to be formed residing within the area designated. Upon receipt of such petition, the board of county commissioners must within 30 days declare the designated portion of its county a cattle protective district and the district shall be formed immediately thereafter.
Mont. Code Ann. § 81-2-108 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-108
81-2-108 Diseased animals not to run at large -- burial of carcasses
Status: in_force

81-2-108 . Diseased animals not to run at large -- burial of carcasses. It shall be unlawful for any owner, agent, or person in charge of any domestic animal or animals that are known to be suffering from or exposed to a dangerous, infectious, contagious, or communicable disease to permit such animal or animals to run at large on the public range or public highway. It shall be the duty of the owner or agent or person in charge of animals which died or they have reason to suspect did die from an infectious, contagious, communicable, or dangerous disease to properly bury or burn the same.
Mont. Code Ann. § 81-1-106 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-106
81-1-106 Board meetings -- recording required
Status: in_force

81-1-106 . Board meetings -- recording required. (1) The board shall audio record and may video record all board meetings, including meetings held by conference call or other electronic means.

(2) The board shall make the audio or video recording available online in real time when possible and shall make meeting recordings publicly available on the board's website within 2 business days of the meeting date.
Mont. Code Ann. § 81-2-702 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-702
81-2-702 Definitions
Status: in_force

81-2-702 . Definitions. As used in this part, the following definitions apply:

(1) "Animals" means livestock, dogs, cats, rabbits, rodents, game animals, fur-bearing and wild animals, and poultry and other birds.

(2) "Biologics" means medicinal preparations made from living organisms and their products. The term includes but is not limited to serums, vaccines, antigens, and antitoxins.

(3) "Department" means the department of livestock.

(4) "Health certificate" means a legible record written on an official health certificate form of the state of origin or on an equivalent form of the U.S. department of agriculture attesting that the animals, animal semen, or animal biologics described on the certificate have been visually inspected by a federally accredited veterinarian and found to meet the entry requirements of the state of Montana.

(5) "Livestock" means cattle, horses, mules, asses, sheep, llamas, alpacas, bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in 87-4-406 , and other animals for purposes of disease prevention, control, and eradication.

(6) "Permit" means an official document issued by the department after proper application that allows the movement of animals, animal semen, or animal biologics into Montana.

(7) "Poultry" means domesticated birds, including but not limited to chickens, turkeys, ducks, geese, guinea fowl, pigeons, and pheasants.
Mont. Code Ann. § 81-4-515 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-515
81-4-515 Liability of officers and employees
Status: in_force

81-4-515 . Liability of officers and employees. No officer, board, or employee of any county or any employee of any such officer or board shall be liable for any act performed in good faith in discharging official duties under this part. All such acts shall be presumed to have been in good faith and in conformity with this part.
Mont. Code Ann. § 81-9-313 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-313
81-9-313 Dead or fallen animal records
Status: in_force

81-9-313 . Dead or fallen animal records. (1) When a licensed renderer or the renderer's agent receives a dead or fallen animal, the renderer or agent shall present a dead or fallen animal record to the person, corporation, or association that has requested the renderer or agent to remove the dead or fallen animal. The record must be on forms prescribed by the department and contain information the department may, by rule, require.

(2) The report must be executed in quadruplicate. The original copy must accompany the carcass and hide until the hide is officially inspected for marks and brands. The duplicate must be retained by the licensed renderer for the time that the department in its discretion requires. The triplicate must be filed within 7 days after its execution and without cost in the office of the county clerk and recorder of the county in which the animal is received by the licensed renderer or the renderer's agent. The quadruplicate must be retained by the person, corporation, or association that requested removal of the dead or fallen animal.
Mont. Code Ann. § 81-8-503 — MT Code / Title 81 / Chapter 8 / Part 5 / Section 81-8-503
81-8-503 Expenditures for purebred livestock shows and sales
Status: in_force

81-8-503 . Expenditures for purebred livestock shows and sales. A board of county commissioners may expend annually from the general fund of the county an amount for the purpose of conducting special purebred livestock shows and special purebred livestock sales within the county.
Mont. Code Ann. § 81-9-303 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-303
81-9-303 Power of department to restrain operation of rendering plant
Status: in_force

81-9-303 . Power of department to restrain operation of rendering plant. (1) The department may restrain the operation of a rendering or disposal plant or establishment engaged in the collection or handling of the bodies or parts of bodies of dead animals or fowl, where the operation is carried on in violation of the laws of this state or the rules or orders of the department, after a hearing held on 5 days' written notice of the hearing to the licensee. The restraining order may be issued without notice of hearing where in the discretion of the department the violation constitutes a menace to public health requiring immediate and summary abatement.

(2) The licensee may appeal to the district court on giving written notice of appeal to the restraining authority within 10 days after service of the restraining order, whether the order is made on hearing or summarily. The written notice of appeal does not stay execution of the restraining order when the restraining order is issued without hearing to restrain a menace to public health requiring immediate and summary abatement.

(3) Where the restraining order is issued after a hearing, the hearing before the district court is on the record, together with any additional evidence offered. Where the order is issued without hearing, the hearing before the district court is on evidence offered at the hearing.

(4) Where the appeal is from an order issued after hearing, the appellant shall pay the cost of the transcript, which must be filed not more than 30 days from the date of filing the notice of appeal. However, the court may, in its discretion, extend the time for filing the transcript.
Mont. Code Ann. § 81-4-308 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-308
81-4-308 Retrieval of impounded animals -- misdemeanor -- penalty
Status: in_force

81-4-308 . Retrieval of impounded animals -- misdemeanor -- penalty. A person who takes or rescues an animal impounded as provided in 81-4-307 from the possession of the person with custody of the animal without the possessor's consent is guilty of a misdemeanor and upon conviction shall be fined not less than $100 or more than $500 or be confined in the county jail for not more than 60 days, or both.
Mont. Code Ann. § 81-1-102 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-102
81-1-102 Duties and powers of department -- fees based on costs -- notice of rules and orders
Status: repealed

81-1-102 . Duties and powers of department -- fees based on costs -- notice of rules and orders. (1) The department shall exercise general supervision over and, so far as possible, protect the livestock interests of the state from theft and disease and recommend legislation that in the judgment of the department fosters the livestock industry. The department may compel the attendance of witnesses, employ counsel to assist in the prosecution of violations of laws made for the protection of livestock interests, and assist in the prosecution of persons charged with illegal branding or theft of livestock or any other crime under the laws of this state for the protection of stock owners. It may adopt rules governing the recording and use of livestock brands.

(2) Except as provided in 81-8-901 , the department shall by rule establish all fees that it is authorized to charge, commensurate with costs.

(3) (a) In addition to the requirements of Title 2, chapter 4, the department shall provide notice of adopted, amended, and repealed administrative rules and orders as provided in subsection (3)(b).

(b) Within 10 working days of the effective date of a rule or order, notice of the rule or order must be published on the department's website and provided to each livestock market and brand office. The department shall provide the notification by electronic means to each conservation district, veterinarian's office, and county extension office in the state and to any person or to the office of any professional or trade organization or member of those entities who has made a request to the department to be informed of the adoption, amendment, or repeal of a rule or order by the department.

(c) The notice provided pursuant to this subsection (3) must include a brief summary of the contents of the rule or order and instructions for accessing a complete copy of the rule or order electronically or by mail.

(4) The department shall perform the duties assigned to the department relating to the administration and regulation of alternative livestock ranches.

(5) The board may hire an executive officer. The executive officer serves at the pleasure of the board. The board may remove an executive officer at any time and appoint a new executive officer.
Mont. Code Ann. § 81-2-122 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-122
81-2-122 Containment required for inspection
Status: in_force

81-2-122 . Containment required for inspection. (1) Livestock must be contained by the owner, agent, or custodian in a space appropriate for a required regulatory action under 81-2-102 .

(2) The department may provide a chute and alley as needed to complete inspection or testing.
Mont. Code Ann. § 81-7-103 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-103
81-7-103 Administration of funds by department
Status: in_force

81-7-103 . Administration of funds by department. Except as provided in 81-7-106 (2), the department shall administer and expend for predatory animal control all money that is made available to it, including the money allocated for this purpose under 81-7-104 and all money that is made available to the department by appropriations made by the legislature for predatory animal control by the department. The department shall expend the funds for predatory animal control by all effective means responsive to the necessities of control in various areas of the state, including employment of hunters, trappers, and other personnel, procurement of traps, poisons, equipment, and supplies, and payment of bounties in the discretion of the department at those times of the year it considers advisable.
Mont. Code Ann. § 81-9-304 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-304
81-9-304 Power of department to revoke license of rendering plant
Status: in_force

81-9-304 . Power of department to revoke license of rendering plant. A license to operate a rendering or disposal plant may be revoked at any time by the department when it determines that a person to whom the license is issued has failed to comply with any statute of this state or rules or orders of the department and on hearing before the department, after 10 days' written notice. Service and filing of a notice of appeal to a district court stays execution of the order.
Mont. Code Ann. § 81-4-103 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-103
81-4-103 Civil liability
Status: in_force

81-4-103 . Civil liability. Any person constructing or maintaining any fence of any kind not described in 81-4-101 is liable in a civil action for all damages caused by reason of injury to stock resulting from such defective fence.
Mont. Code Ann. § 81-3-213 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-213
81-3-213 Inspection of livestock removed from state
Status: in_force

81-3-213 . Inspection of livestock removed from state. Except as provided for in 81-3-212 (1) and 81-3-211 (4) and (6)(b), nothing contained in this part authorizes or permits a person to remove or cause to be removed livestock from this state to a location outside of this state unless the livestock has been inspected for brands by a state stock inspector or deputy state stock inspector and a certificate for the inspection has been issued in connection with and for the purpose of the transportation or removal as provided in this part.
Mont. Code Ann. § 81-3-210 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-210
81-3-210 Bill of sale required to prove ownership
Status: in_force

81-3-210 . Bill of sale required to prove ownership. (1) A bill of sale signed by the seller and adequately describing the livestock sold must be presented to the livestock inspector whenever the change of ownership inspection required by 81-3-211 is made or whenever a buyer of livestock requests a county-line or state-line inspection for livestock. The bill of sale shall be in a form prescribed by the department and shall be taken up by the department with the certificate of inspection acting as a receipt.

(2) The department shall establish, charge, and receive a fee for each copy of a bill of sale requested after the original bill of sale has been taken up. Fees so received shall be paid to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department.
Mont. Code Ann. § 81-9-218 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-218
81-9-218 Exemptions
Status: in_force

81-9-218 . Exemptions. (1) The following persons are exempt from 81-9-201 , 81-9-216 through 81-9-220 , and 81-9-226 through 81-9-236 :

(a) a person who slaughters livestock or poultry or prepares or processes livestock or poultry products for the person's own personal or household use;

(b) a person who transports dead, dying, or diseased animals or poultry for the purpose of treatment, burial, or disposal in a manner that would prevent the carcasses from being used as human food; and

(c) a producer as defined in 50-49-202 who sells homemade food or slaughters fewer than 1,000 poultry birds a year pursuant to 50-49-203 except that the producer is subject to the requirements of 9 CFR 381.10(c) and the recordkeeping requirements of 9 CFR 381.175.

(2) A person engaged in the custom slaughtering of livestock or poultry delivered by the owner for custom slaughter or a person engaged in the preparation of the carcasses and parts and meat food products of the livestock or poultry when slaughtered or prepared for exclusive use in the owner's household by the owner or members of the owner's household or the owner's nonpaying guests or employees is exempt from 81-9-216 , 81-9-217 , 81-9-220 , and 81-9-226 through 81-9-236 if the carcasses, parts, or meat food products or containers of the articles are:

(a) kept separate from carcasses, parts, or meat food products prepared for sale;

(b) plainly marked "Not for Sale" immediately after being slaughtered or prepared and remain plainly marked until delivered to the owner; and

(c) prepared and packaged in a sanitary manner and in a sanitary facility.
Mont. Code Ann. § 81-7-505 — MT Code / Title 81 / Chapter 7 / Part 5 / Section 81-7-505
81-7-505 Resident landowners authorized to aerially hunt over their own lands without permit -- conditions
Status: in_force

81-7-505 . Resident landowners authorized to aerially hunt over their own lands without permit -- conditions. Any landowner having residence and domicile in Montana may engage in the aerial hunting of predatory animals, as defined in 81-7-101 , over that person's own land without a permit, provided the landowner annually notifies the department in writing that the landowner will be engaged in aerial hunting and gives an adequate description of the location of the land over which the landowner will aerially hunt. Aerial hunting must be in accordance with all rules of the department of livestock.
Mont. Code Ann. § 81-2-103 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-103
81-2-103 Adoption of rules
Status: in_force

81-2-103 . Adoption of rules. The department shall adopt and enforce rules for the inspection and tuberculin testing of dairy cattle or other animals and for the inspection, testing, treatment, or disposition of livestock or other animals affected with or which may have been exposed to infectious, contagious, communicable, or dangerous disease and for the quarantines provided for in this chapter or 81-20-101 .
Mont. Code Ann. § 81-23-204 — MT Code / Title 81 / Chapter 23 / Part 2 / Section 81-23-204
81-23-204 Declining, suspending, and revoking licenses -- penalties in lieu of suspension or revocation
Status: in_force

81-23-204 . Declining, suspending, and revoking licenses -- penalties in lieu of suspension or revocation. (1) The board may refuse to grant a license or may suspend or revoke a license already granted for due cause upon due notice and after hearing. The violation of any provisions of this chapter or of any lawful order or rule of the board, the failure or refusal to make required statements or reports, or failure to pay license or assessment fees are causes for which the board may suspend or revoke a license.

(2) In place of suspension or revocation of a license, the board may assess a civil penalty not to exceed $500 per day for each daily failure to comply with or each daily violation of the provisions of this chapter or of any lawful order or rule of the board. A penalty may not be assessed until after the cause of the penalty has been upheld following the notice and hearing requirements of subsection (1). If the person against whom a civil penalty is assessed fails to pay the civil penalty immediately, the board shall collect the civil penalty by a civil proceeding in the district court of the first judicial district. This penalty must be construed as civil and not criminal in nature. Any money received by the board as a result of collection of civil penalties must be paid into the state special revenue fund as provided by 81-23-403 .
Mont. Code Ann. § 81-21-101 — MT Code / Title 81 / Chapter 21 / Part 1 / Section 81-21-101
81-21-101 Definitions
Status: in_force

81-21-101 . Definitions. As used in this part, the following definitions apply:

(1) "Fluid milk plant" means a place where milk or cream is not produced but is purchased or collected and prepared for distribution to the consumer in liquid form.

(2) "Public consumption" means the use of milk or cream by the public for any purpose.

(3) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk.
Mont. Code Ann. § 81-2-504 — MT Code / Title 81 / Chapter 2 / Part 5 / Section 81-2-504
81-2-504 Power to adopt rules
Status: in_force

81-2-504 . Power to adopt rules. The department shall administer and enforce this part, including the adoption and enforcement of rules or orders as necessary.
Mont. Code Ann. § 81-22-302 — MT Code / Title 81 / Chapter 22 / Part 3 / Section 81-22-302
81-22-302 Taking and preservation of samples
Status: in_force

81-22-302 . Taking and preservation of samples. (1) A person purchasing or sampling milk or cream for manufacture, sale, or shipment and paying for the milk or cream on the basis of the butterfat, protein, solids, or other compound components contained in the milk or cream as determined by official test, when receiving the milk or cream, shall take a sample of the milk or cream.

(2) All samples taken shall be plainly marked or labeled on the records of the purchaser or sampler to correspond with the name of the person from whom the purchase was made or sample obtained. The record of purchase shall also show the weight of the milk or cream, the results of the analysis, the date of sampling, and the amount paid. All milk and cream samples on which payment for butterfat, protein, solids, or other components is based shall be kept and suitably preserved by the purchaser for a minimum of 14 days following testing in the case of milk and for at least 2 days in the case of cream. These samples are subject to retest by the department.

(3) This section does not prohibit the weighing or measuring of milk in and sampling of milk from farm bulk milk tanks or the use of composite or single samples of milk according to rules adopted by the department or the test procedures prescribed in this chapter.
Mont. Code Ann. § 81-22-209 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-209
81-22-209 License requirements applicable
Status: in_force

81-22-209 . License requirements applicable. The licenses required under this part apply only to those licenses issued by the department. This part does not repeal or abrogate the authority of or the issuance of licenses by the department of public health and human services.
Mont. Code Ann. § 81-22-105 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-105
81-22-105 Investigation of complaints and violations -- injunction
Status: in_force

81-22-105 . Investigation of complaints and violations -- injunction. The department shall provide for periodic inspections and investigations to disclose violations of this chapter or of rules adopted under this chapter. The department shall receive and provide for the investigation of complaints and request the institution and prosecution of civil or criminal actions, or both. This chapter and the rules adopted under it may be enforced by injunction in a court having jurisdiction to grant injunctive relief. An adulterated, impure, contaminated, misbranded, condemned, or mislabeled article or product involved in a violation of this chapter or of the rules adopted under this part is subject to seizure and disposition under an order of the court.
Mont. Code Ann. § 81-9-301 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-301
81-9-301 Licensing of rendering or disposal plants
Status: in_force

81-9-301 . Licensing of rendering or disposal plants. (1) It is unlawful to operate in this state a rendering or disposal plant or establishment that is intended to be operated for the disposal of bodies or parts of bodies of animals or fowl in any manner, except for human consumption, without first securing a license from the department of livestock.

(2) The license expires on December 31 of the year in which it is issued. The department shall establish a fee to be charged for licenses issued under 81-9-301 through 81-9-306 .

(3) All license fees collected shall be paid into the state special revenue fund for the use of the department.
Mont. Code Ann. § 81-9-220 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-220
81-9-220 Rules
Status: in_force

81-9-220 . Rules. The board, upon the recommendation of the chief, shall adopt rules consistent with the requirements of the rules of the U.S. department of agriculture governing meat inspection. The rules must:

(1) require antemortem and postmortem inspections, quarantines, segregation, and reinspections with respect to the slaughter of livestock and poultry and the preparation of livestock and poultry products at all official establishments;

(2) require the identification of livestock and poultry and the marking and labeling of livestock or poultry products as "Montana Inspected and Passed" if they are found upon inspection not to be adulterated;

(3) require the destruction for food purposes of all livestock, poultry, livestock products, and poultry products that have been found to be adulterated;

(4) set standards for ingredients of livestock products, meat, and poultry products;

(5) set standards for labeling, marking, or branding of meat, livestock products, and poultry products;

(6) set standards for the weights or measures of meats, livestock products, and poultry products not inconsistent with standards established under Title 30, chapter 12;

(7) set standards for the filling of containers for meat, livestock products, and poultry products;

(8) regulate the false or fraudulent advertising of meat, livestock products, and poultry products;

(9) provide for periodic investigations of the sanitary conditions of each official establishment and withdraw or otherwise refuse to license and inspect those establishments where the sanitary conditions are such as to render adulterated any meat products prepared or handled in that establishment;

(10) prescribe sanitation requirements for all official establishments;

(11) require all persons subject to 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 to maintain full and complete records of all transactions involving meat, livestock products, or poultry products and to make the records available on request to the chief or the chief's inspectors at any reasonable time;

(12) prescribe additional standards, methods, and procedures that are necessary to effect the purposes of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 ; and

(13) provide for the licensing and inspection of mobile slaughter facilities to ensure that the requirements of this part are met with respect to all operations conducted at mobile slaughter facilities.
Mont. Code Ann. § 81-6-103 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-103
81-6-103 Powers and duties of committee
Status: in_force

81-6-103 . Powers and duties of committee. The county livestock protective committee shall advise, assist, and cooperate with the department of livestock, the board of county commissioners, the sheriff, and all other public officials or police officers who have duties pertaining to hide and brand inspection, apprehension of livestock rustlers, the prevention of rustling, enforcement of laws governing the movement and sale of livestock, the treatment and prevention of livestock diseases, and other matters which are of interest and value to the livestock industry in the county.
Mont. Code Ann. § 81-8-232 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-232
81-8-232 Posting of certificate or license
Status: in_force

81-8-232 . Posting of certificate or license. A person who is certified or licensed under the provisions of this part shall conspicuously post at the person's place of business for inspection by any other person the certificate or license issued by the department.
Mont. Code Ann. § 81-8-215 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-215
81-8-215 Quarantine of diseased animals
Status: in_force

81-8-215 . Quarantine of diseased animals. If the livestock inspector at a sale finds any livestock afflicted with an infectious or contagious disease, the inspector shall immediately take possession of the livestock and place the livestock in quarantine, to be disposed of as directed by the department.
Mont. Code Ann. § 81-23-401 — MT Code / Title 81 / Chapter 23 / Part 4 / Section 81-23-401
81-23-401 Entry, inspection, and investigation
Status: in_force

81-23-401 . Entry, inspection, and investigation. Except for the premises of a small dairy as defined in 81-21-101 , the department may enter, at all reasonable hours, all places where milk is produced, processed, bottled, handled, or stored or where the books, papers, records, or documents relative to those transactions are kept, and may inspect and copy them in any place in this state. The department may administer oaths and take testimony for the purpose of ascertaining facts which, in the judgment of the department, are necessary to administer this chapter.
Mont. Code Ann. § 81-3-212 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-212
81-3-212 Exceptions
Status: in_force

81-3-212 . Exceptions. Section 81-3-211 does not apply to livestock:

(1) being transported through the state in interstate commerce without leaving the custody of the carrier;

(2) when driven on the hoof and not moved by means of any motor vehicle, trailer, horse-drawn vehicle, or boat by the owner from one county to an adjoining county within the state onto land owned or controlled by the owner of livestock so moved for the purpose of pasturing, feeding, or changing the range thereof;

(3) when driven on the hoof or moved by means of a motor vehicle, trailer, horse-drawn vehicle, or boat by the owner from one county to an adjoining county within this state onto land owned or controlled by the owner of livestock without leaving land owned or controlled by the owner when moved for the purpose of pasturing, feeding, or changing the range thereof;

(4) when driven on the hoof from one county to an adjoining county within this state for the purpose of delivery to a licensed public market by a person who has been the owner of that livestock for a period of at least 3 months;

(5) from one county to be consigned to, and which actually reaches, a licensed livestock market located in another county of the state at which the department regularly maintains a stock inspector and for which a market consignment permit has been obtained in a manner provided by law;

(6) being transported to a veterinarian for health treatment and returned to their original premises if certification of treatment by the attending veterinarian accompanies the livestock on their return.
Mont. Code Ann. § 81-22-102 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-102
81-22-102 General authority of department
Status: in_force

81-22-102 . General authority of department. (1) The department may regulate and establish sanitation standards for persons operating dairies producing milk for manufacturing purposes. The department may regulate and establish sanitation and quality standards for a person engaged in the processing of manufactured dairy products or of products made or sold in the semblance or imitation of dairy products in this state when those products made in semblance or imitation of dairy products are made in a manufactured dairy products plant.

(2) The department may adopt minimum standards for the production, transportation, grading, testing, use, processing, packaging, and storage of milk and cream used for manufacturing purposes and of manufactured dairy products.

(3) The department shall adopt rules and establish fees for licenses for selling or producing milk as required by 81-23-202 .

(4) The department may not establish fees, rules, or standards under this chapter for small dairies selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 81-20-207 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-207
81-20-207 Rules to be adopted by department of livestock
Status: in_force

81-20-207 . Rules to be adopted by department of livestock. The department of livestock shall enforce this part and adopt rules necessary for the enforcement of this part, including rules for the processing, handling, and marketing of egg products whether shell, liquid, frozen, or dried.
Mont. Code Ann. § 81-6-314 — MT Code / Title 81 / Chapter 6 / Part 3 / Section 81-6-314
81-6-314 Confidentiality
Status: in_force

81-6-314 . Confidentiality. The identity of a person submitting information under the program and any information that may lead to the disclosure of such identity is confidential.
Mont. Code Ann. § 81-23-404 — MT Code / Title 81 / Chapter 23 / Part 4 / Section 81-23-404
81-23-404 Cooperation with other governmental agencies
Status: in_force

81-23-404 . Cooperation with other governmental agencies. In order to secure a uniform system of milk control, the board shall confer and cooperate with the proper authorities of other states and of the United States, including the secretary of agriculture of the United States, and for those purposes, the board may conduct joint hearings, issue joint or concurrent orders, and exercise all its powers under this chapter.
Mont. Code Ann. § 81-4-404 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-404
81-4-404 Contents of notice
Status: in_force

81-4-404 . Contents of notice. Said notice shall be in writing and shall give:

(1) the number, description, marks, and brands of such stock when impounded, seized, restrained, or held, with the reasons therefor;

(2) the amount of charges, if any, which shall be reasonable and in no case exceed the actual cost of holding and costs in event of sale; and

(3) what disposition will be made of said stock if such charges are not paid and when and where such disposition shall be made.
Mont. Code Ann. § 81-9-240 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-240
81-9-240 Equine slaughter or processing facilities -- no injunction to stop -- damages allowed for delay
Status: in_force

81-9-240 . Equine slaughter or processing facilities -- no injunction to stop -- damages allowed for delay. (1) A court of this state may not issue an injunction stopping or delaying the construction of an equine slaughter or processing facility licensed pursuant to 81-9-201 based on a challenge or appeal of a permit, license, certificate, or other approval issued in conjunction with a proposed equine slaughter or processing facility based on the provisions of:

(a) Title 75, chapter 1, parts 1 through 3;

(b) Title 75, chapter 2, parts 1 through 4;

(c) Title 75, chapter 5, part 4;

(d) Title 75, chapter 10, part 1 and parts 4 through 13; or

(e) this part.

(2) If a person files an action against the operation of an equine slaughter or processing facility and does not prevail, the person is liable for all financial losses the facility suffers if the court issues an injunction that halts operations while the action is pending.
Mont. Code Ann. § 81-4-302 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-302
81-4-302 Dissolution
Status: in_force

81-4-302 . Dissolution. (1) When a petition praying that any established herd district be dissolved is filed with the county clerk and recorder of the county wherein such district has been established and it is set forth therein that such petition is signed by the owners or possessors of 55% or more of the lands lying within such district and that less than 25% of the lands included in such district is in actual cultivation, the said county clerk and recorder shall call such petition to the attention of the board of county commissioners of the county at its next regular meeting. At said meeting by its order the board shall set such petition for hearing at a specified time on a day certain of which notice shall be given by publication at least once in each week for 3 successive weeks in some newspaper of general circulation in the county.

(2) At the time fixed for hearing, the board of county commissioners shall first require proof of publication of the notice of said hearing to be made and thereafter shall consider the petition and hear all interested parties. At the conclusion of any such hearing, if the board of county commissioners shall find that notice of hearing has been given in the manner and for the time prescribed herein and that the owners or possessors of 55% or more of the lands lying within such herd district have signed the petition and request that such district be dissolved and that less than 25% of the lands included in such district are in actual cultivation, then the board shall forthwith spread such findings upon its minutes and thereupon shall enter an order in terms that by reason of such findings and of the proceedings had upon such petition the herd district is thereby dissolved. Forthwith, upon the making and entry of any such order aforesaid, the herd district affected thereby shall be dissolved for all purposes thereafter.
Mont. Code Ann. § 81-22-402 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-402
81-22-402 Employment of grader, weigher, and sampler -- revocation of operator's license
Status: in_force

81-22-402 . Employment of grader, weigher, and sampler -- revocation of operator's license. (1) Persons receiving or purchasing milk or cream and persons collecting milk or cream on milk or cream routes shall provide a licensed grader, weigher, and sampler at each receiving station or for each route.

(2) A person who knowingly employs an unlicensed person as a grader, weigher, and sampler or one whose license has been revoked or suspended is subject to revocation of that person's own license to operate a manufactured dairy products plant or cream or milk receiving station or to the penalties prescribed in this chapter.
Mont. Code Ann. § 81-4-508 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-508
81-4-508 Claim of owner -- cost of keeping and feeding horses
Status: in_force

81-4-508 . Claim of owner -- cost of keeping and feeding horses. A person claiming to be the owner of an abandoned horse or horses may serve written notice upon the roundup supervisor in charge of the roundup of the claim of ownership at any time before sale or other final disposition of the horse or horses. The claim of ownership must be verified by the oath of the claimant or someone on the claimant's behalf, and the sale or other final disposition of the horse or horses must be postponed from time to time as may be necessary to enable the claimant to make proof of the claim as provided in 81-4-509 . The postponement may not be allowed unless the claimant pays to the roundup supervisor in charge of the roundup or delivers to the supervisor satisfactory security for the estimated cost of keeping and feeding the horse or horses until sale or other final disposition or delivery to the owner.
Mont. Code Ann. § 81-9-227 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-227
81-9-227 Application for state meat inspection service -- assignment of establishment number
Status: in_force

81-9-227 . Application for state meat inspection service -- assignment of establishment number. (1) Any meat establishment or mobile slaughter facility operator licensed under 81-9-201 may apply to the board for state meat and poultry inspection service. The application must include:

(a) the name and address of the establishment or, in the case of a mobile slaughter facility, the name and address of the owner of the mobile slaughter facility and a description of any mobile unit to be used as part of the mobile slaughter facility;

(b) the type of establishment, whether mobile or in a fixed location;

(c) a complete description of the facilities and equipment;

(d) the day of the week and hours of the day when the establishment is in operation; and

(e) other information required by the chief.

(2) (a) The chief, upon receipt of the application, shall inspect the applicant's facilities and equipment, including any mobile unit to be used as part of a mobile slaughter facility. If the establishment or mobile slaughter facility is found to be clean and sanitary and if it meets the requirements of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 , the board shall authorize the granting of state meat inspection service to the applicant. The board shall then assign an official establishment number to the approved establishment or mobile slaughter facility to be used to mark the meat of the carcasses and parts of carcasses that are offered for sale.

(b) In the case of mobile slaughter facilities, a separate establishment number is required for each mobile unit owned and operated by the applicant. The board shall assign an official establishment number to each approved mobile unit, which must be used to mark the meat of carcasses and parts of carcasses that are offered for sale from that mobile unit.
Mont. Code Ann. § 81-10-103 — MT Code / Title 81 / Chapter 10 / Part 1 / Section 81-10-103
81-10-103 Horse owner amnesty special revenue account
Status: in_force

81-10-103 . Horse owner amnesty special revenue account. (1) There is a horse owner amnesty account in the state special revenue fund. Money must be deposited in the account pursuant to 81-10-102 (6) and subsection (2) of this section.

(2) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source to be used for the purposes of defraying the costs of this part must be deposited in the account.

(3) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of livestock, which shall use the funds to defray the costs of this part.
Mont. Code Ann. § 81-3-211 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-211
81-3-211 Inspection of livestock before change of ownership or removal from county -- transportation permits
Status: in_force

81-3-211 . Inspection of livestock before change of ownership or removal from county -- transportation permits. (1) For the purposes of this section:

(a) "Family business entity" means:

(i) a corporation whose stock is owned solely by members of the same family;

(ii) a partnership in which the partners are all members of the same family;

(iii) an association whose members are all members of the same family; or

(iv) any other entity owned solely by members of the same family.

(b) "Members of the same family" means a group whose membership is determined by including an individual, the individual's spouse, and the individual's parents, children, and grandchildren, and the spouses of each.

(c) "Rodeo producer" means a person who produces or furnishes livestock that are used for rodeo purposes.

(2) Except as otherwise provided in this part, it is unlawful to remove or cause to be removed from a county in this state any livestock or to transfer ownership by sale or otherwise or for an intended purchaser or a purchaser's agent to take possession of any livestock subject to title passing upon meeting or satisfaction of any conditions, unless the livestock have been inspected for brands by a state stock inspector or deputy state stock inspector and a certificate of the inspection has been issued in connection with and for the purpose of the transportation or removal or of the change of ownership as provided in this part. The inspection must be made in daylight. However, the change of ownership inspection requirements of this subsection do not apply when the change of ownership transaction is accomplished without the livestock changing premises, involves part of a herd to which livestock have not been added other than by natural increase or after brand inspection, and is between:

(a) members of the same family;

(b) a member of one family and the same family's business entity; or

(c) the same family's business entities.

(3) (a) It is unlawful to sell or offer for sale at a livestock market any livestock originating within any county in this state in which a livestock market is maintained or transported under a market consignment permit until the livestock have been inspected for marks and brands by a state stock inspector, as provided in this part.

(b) It is unlawful to slaughter livestock at a licensed livestock slaughterhouse unless the livestock have been inspected for marks or brands by a state or deputy state stock inspector.

(4) It is unlawful to remove or cause to be removed any livestock from the premises of a livestock market in this state unless the livestock have been released by a state stock inspector and a certificate of release for the livestock has been issued in connection with and for the purpose of the removal from the premises of the livestock market. The release obtained pursuant to this subsection permits the movement of the released livestock directly to the destination shown on the certificate.

(5) The person in charge of livestock being removed from a county in this state, when inspection is required by this section, when a change of ownership has occurred, or when moved under a market consignment permit or a market release certificate, must have in the person's possession the certificate of inspection, market consignment permit, transportation permit, or market release certificate and shall exhibit the certificate to any sheriff, deputy sheriff, constable, highway patrol officer, state stock inspector, or deputy state stock inspector on request. For travel and transportation purposes only, a person may satisfy the requirements of this section by possessing and exhibiting a digital copy of the required documentation. Section 81-3-204 must be extended to livestock transported or sold under the permits.

(6) The following transportation permits may be issued:

(a) If a saddle, work, or show horse is being transported from county to county in this state by the owner for the owner's personal use or business or if cattle are being transported from county to county in this state by their owner for show purposes and there is no change of ownership, the inspection certificate required by this section may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order to serve as a travel permit in this state for a period not to exceed 1 year for the horse or cattle described in the certificate. The permit becomes void upon any transfer of ownership or if the horse or cattle are to be removed from the state. If the permit is void, an inspection must be secured for removal and the endorsed certificate must be surrendered.

(b) The owner of a saddle, work, or show horse may apply for a permanent transportation permit valid for both interstate and intrastate transportation of the horse until there is a change of ownership. The horse must have either a registered brand that has been legally cleared or a lip tattoo or the owner is required to present proof of ownership to a state stock inspector or a specially qualified deputy stock inspector. A written application, on forms to be provided by the department, must be completed by the owner and presented to a state stock inspector or a specially qualified deputy stock inspector, together with a permit fee established by the department, for each horse. The application must contain a thorough physical description of the horse and list all brands and tattoos carried by the horse. Upon approval of the application by a state stock inspector, a permanent transportation permit must be issued by the department to the owner for each horse, and the permit is valid for the life of the horse. If there is a change in ownership of a horse, the permit automatically is void. The permit must accompany the horse for which it was issued at all times while the horse is in transit. This permit is in lieu of other permits and certificates required under the provisions of this section. The state of Montana shall recognize as valid permanent transportation permits issued in other jurisdictions to the owner of a saddle, work, or show horse subsequently entering the state. A permit is automatically void upon a change of ownership.

(c) When livestock owned by and bearing the registered brand of a bona fide rodeo producer are being transported from county to county in this state by the owner for rodeo purposes and there is no change of ownership, the inspection certificate required by this section may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order to serve as a travel permit in this state for the livestock described in the certificate. The certificate is effective for the calendar year for which it is issued. The certificate must be issued by a state stock inspector.

(d) The owner of a bull bearing the registered brand of a bona fide rodeo producer may apply for a permanent transportation permit valid for both interstate and intrastate transportation of the bull until there is a change of ownership. The bull must have a registered brand that has been legally cleared and a legible number brand on the shoulder or hip used for individual identification, or the owner is required to present proof of ownership to a state stock inspector or a specially qualified deputy stock inspector. A written application, on forms to be provided by the department, must be completed by the owner and presented to a state stock inspector or a specially qualified deputy stock inspector, together with a permit fee established by the department, for each bull. The application must contain a thorough physical description of the bull and list all brands and tattoos carried by the bull. Upon approval of the application by a state stock inspector, a permanent transportation permit must be issued by the department to the owner for each bull, and the permit is valid for the life of the bull. If there is a change in ownership of a bull, the permit automatically is void. The permit must accompany the bull for which it was issued at all times while the bull is in transit. This permit is in lieu of other permits and certificates required under the provisions of this section. The state of Montana shall recognize as valid permanent transportation permits issued in other jurisdictions to the owner of a rodeo bull subsequently entering the state. A permit is automatically void upon a change of ownership.

(e) (i) An owner of livestock or the owner's agent may be issued one transportation permit in a 12-month period allowing the movement of the livestock and return when the livestock are being moved for grazing purposes and when they are being moved to and from land owned or controlled by the owner of the livestock or the owner's agent:

(A) into an adjoining county; or

(B) across multiple county lines if the entire grazing range is the privately deeded property of the livestock owner.

(ii) The permit is valid for a period of 8 months from the date of issuance and must be issued by a state stock inspector.

(iii) The permit may be issued only if the livestock are branded with the permittee's brand, which must be registered in Montana, unless the animal is classified as a virgin breeding female or a nursing calf.

(iv) The department shall establish a fee for the permit, to be paid to the state stock inspector at the time the permit is issued and remitted by the inspector to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department. This permit may be used in lieu of the inspection and certificate required by this section for movement of livestock across a county line.

(7) Before any removal or change of ownership may take place, the seller of livestock shall request all required inspections and shall pay the required fees.
Mont. Code Ann. § 81-4-216 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-216
81-4-216 Damage to planted trees
Status: in_force

81-4-216 . Damage to planted trees. In case of any damage done to planted trees by animals, the owner of the trees may recover damages from the owner of the animals, if said trees are planted inside of a lawful fence or boxed to a height of not less than 5 feet.
Mont. Code Ann. § 81-4-106 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-106
81-4-106 Notice to owner to repair fence -- duty of county commissioners
Status: in_force

81-4-106 . Notice to owner to repair fence -- duty of county commissioners. Upon ascertaining the existence in the county of any nuisance specified in 81-4-105 , the board of county commissioners shall notify by registered or certified mail the owner of such wire, if such owner be known to said board and within the state, to remove same. If such owner shall fail to remove said wire or to rebuild said fence within 60 days following receipt of said notice, the board of county commissioners shall have authority to remove and dispose of said wire in the manner provided by 81-4-107 .
Mont. Code Ann. § 81-5-108 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-108
81-5-108 Answer to allegations concerning use of property
Status: in_force

81-5-108 . Answer to allegations concerning use of property. Within 20 days after the service of the petition and summons or publication of the summons, as provided in 81-5-104 , the owner or claimant of the seized property shall file a verified answer to the allegations concerning the use of the property contained in the petition to institute forfeiture proceedings. Only one 20-day extension of the time for filing the answer may be granted, and failure to answer within 20 days or within the 20-day extension bars the owner or claimants from presenting evidence at any subsequent evidentiary hearing unless extraordinary circumstances exist.
Mont. Code Ann. § 81-22-418 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-418
81-22-418 Posting prices of butterfat required
Status: in_force

81-22-418 . Posting prices of butterfat required. All persons who buy milk or cream for manufacturing purposes shall post the current prices for butterfat or other component content of milk or cream in a conspicuous place in the factory or place of business. Such price schedule may be based upon butterfat, protein, solids, or other components of milk or cream and shall indicate upon which of such basis payment is made.
Mont. Code Ann. § 81-8-502 — MT Code / Title 81 / Chapter 8 / Part 5 / Section 81-8-502
81-8-502 Penalty
Status: in_force

81-8-502 . Penalty. Any person, persons, company, or corporation violating 81-8-501 shall be punished by a fine of not less than $25 or more than $500 or by imprisonment of not less than 10 days or more than 6 months or by both fine and imprisonment.
Mont. Code Ann. § 81-8-305 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-305
81-8-305 Department of livestock not responsible for collection or payment of money under security agreements
Status: in_force

81-8-305 . Department of livestock not responsible for collection or payment of money under security agreements. The department of livestock, its agents and employees, are not responsible or liable to either debtor or secured party for the collection or payment of any money due the holder of any security agreement covering livestock or renewals, satisfactions, or assignments thereof as provided in this part, if this part is carried out in good faith.
Mont. Code Ann. § 81-8-216 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-216
81-8-216 Penalties
Status: in_force

81-8-216 . Penalties. (1) A person who knowingly violates any provision of 81-8-214 , 81-8-215 , 81-8-251 through 81-8-256 , and 81-8-258 through 81-8-263 or rules adopted by the department under 81-8-231 is guilty of a misdemeanor and upon conviction shall be fined not less than $100 or more than $600, imprisoned in the county jail not less than 30 days or more than 6 months, or both. A person convicted of a subsequent violation of 81-8-214 , 81-8-215 , 81-8-251 through 81-8-256 , and 81-8-258 through 81-8-263 or rules adopted to implement those sections shall be fined not less than $200 or more than $1,000, imprisoned in the county jail for not less than 3 months or more than 6 months, or both, and the department may cancel the person's certificate.

(2) 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 special revenue fund for the use of the department and 50% must be paid into the general revenue fund of the county in which the conviction occurred.

(3) A person is, upon conviction, guilty of a felony if the person knowingly fails:

(a) to establish a custodial account resulting in a failure to account for or to remit money belonging to others under this chapter; or

(b) to properly use a custodial account resulting in a failure to account for or to remit money belonging to others under this chapter.
Mont. Code Ann. § 81-30-105 — MT Code / Title 81 / Chapter 30 / Part 1 / Section 81-30-105
81-30-105 Penalty
Status: in_force

81-30-105 . Penalty. (1) A person convicted of violating 81-30-103 (2)(f) shall be fined not less than $50 or more than $500 or be imprisoned in the county jail for a term not to exceed 3 months, or both.

(2) A person convicted of an act that violates 81-30-103 (1) and (2)(a) through (2)(e) and that results in $500 or less in damage or destruction shall be fined not more than $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(3) A person convicted of an act that violates 81-30-103 (1) and (2)(a) through (2)(e) and that results in more than $500 in damage or destruction shall be fined not more than $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
Mont. Code Ann. § 81-4-101 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-101
81-4-101 Legal fences defined
Status: in_force

81-4-101 . Legal fences defined. Except as provided in subsections (2) and (7), a legal fence must be at least 42 inches but not more than 48 inches in height. The following are legal fences in Montana:

(1) fences constructed of at least three barbed, horizontal, well-stretched wires, the lowest of which is not less than 15 inches or more than 18 inches from the ground, securely fastened as nearly equidistant as possible to substantial posts firmly set in the ground or to well-supported leaning posts not exceeding 20 feet apart or 33 feet apart where two or more stays or pickets are used equidistant between posts;

(2) (a) corral fences that are used exclusively for the purposes of enclosing stacks situated outside of any lawful enclosure and that:

(i) are not less than 16 feet from the enclosed stack;

(ii) are substantially built with posts not more than 8 feet distant from each other; and

(iii) consist of at least five strands of well-stretched barbed wire not less than 5 or more than 6 feet high;

(b) a fence as effectual for the purpose of a corral fence as the type described in subsection (2)(a);

(3) fences constructed of any standard woven wire, securely fastened to substantial posts not more than 30 feet apart, with two equidistant barbed wires placed above the woven wire;

(4) other fences made of barbed wire, which must be as strong and as well calculated to protect enclosures as those in subsections (1) through (3);

(5) fences consisting of four boards, rails, or poles with standing or leaning posts not over 17 feet and 6 inches apart and, if leaning posts are used, a pole or wire fastened securely on the inside of the leg or support of each leaning post;

(6) electric fences that:

(a) consist of at least three tightly stretched strands of at least 12.5 gauge, high-tensile steel or its equivalent;

(b) are strung by sufficient posts set firmly in the ground not more than an average distance of 50 feet apart along the full span;

(c) are charged with a standard charger with an output of at least 0.5 joule and with sufficient energy for the entirety of the fence; and

(d) are regularly maintained by the fence owner to ensure the fence is operable;

(7) rivers, hedges, mountain ridges and bluffs, or other barriers over or through which it is impossible for stock to pass; and

(8) any legal fence listed in subsections (1) through (5) or (7) that also includes at least one strand of electrified wire.
Mont. Code Ann. § 81-4-604 — MT Code / Title 81 / Chapter 4 / Part 6 / Section 81-4-604
81-4-604 Sale at public auction -- branding
Status: in_force

81-4-604 . Sale at public auction -- branding. On the date specified in the notice provided for in 81-4-603 , the stock inspector shall sell the estray at a public auction to the highest bidder for cash. Before removal from the sale, the stock inspector shall brand the estray with the recorded estray brand of the department.
Mont. Code Ann. § 81-9-114 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-114
81-9-114 Duty to report violations
Status: in_force

81-9-114 . Duty to report violations. A person required to be licensed under 81-9-201 shall report any violation of 81-9-112 to the department or the sheriff of the county where the violation occurred and of which the person has knowledge. Upon failure to do so, the person's license must be revoked and a license may not again be issued to the person until the expiration of 1 year from the date of revocation.
Mont. Code Ann. § 81-2-114 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-114
81-2-114 Civil liability
Status: in_force

81-2-114 . Civil liability. A person, firm, or corporation which violates parts 1 through 3 of this chapter 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. § 81-7-118 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-118
81-7-118 Fee for purpose of paying bounty claims -- limitation on fee
Status: in_force

81-7-118 . Fee for purpose of paying bounty claims -- limitation on fee. The department of revenue shall annually prescribe the fee recommended by the department to be assessed against livestock of all classes for paying for the destruction of predatory animals killed in this state. The money received must be used only for the payment of claims approved by the department for the destruction of predatory animals and for the administration of 81-7-111 through 81-7-118 and 81-7-120 through 81-7-122 . The money received for the fees imposed must be sent annually to the department of revenue by the county treasurer of each county. When the money is received by the department of revenue, it must be placed in the state special revenue fund and may then be paid out on claims approved under the law governing the payment of claims.
Mont. Code Ann. § 81-1-201 — MT Code / Title 81 / Chapter 1 / Part 2 / Section 81-1-201
81-1-201 Appointment and powers
Status: in_force

81-1-201 . Appointment and powers. The department may appoint stock inspectors and detectives necessary for the protection of the livestock interests of this state. The department shall designate which inspectors and detectives are considered law enforcement officers, and those designated shall take the official oath required by law and shall have similar powers and authority to those conferred by law on deputy sheriffs. However, they are not entitled to the fees or emoluments awarded by law to deputy sheriffs. The board shall devise an examination for the qualification of stock inspectors and detectives designated as law enforcement officers and may appoint and employ only persons who successfully pass such examination. The board shall promulgate administrative rules for the taking of this examination and define a passing grade.
Mont. Code Ann. § 81-8-279 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-279
81-8-279 Penalties
Status: in_force

81-8-279 . Penalties. (1) A person who violates any provision of 81-8-271 through 81-8-273 , 81-8-276 , or 81-8-278 or rules adopted by the department to implement those sections is guilty of a misdemeanor and upon conviction shall be fined not less than $250 or more than $1,000 or imprisoned for not more than 6 months, or both.

(2) Of all fines assessed and collected under this section, except those assessed and collected in a justice's court, 50% shall be paid into the state treasury and credited to the special revenue fund for the use of the department and 50% shall be paid into the general revenue fund of the county in which the conviction occurred.
Mont. Code Ann. § 81-22-419 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-419
81-22-419 Requirements for containers and equipment
Status: in_force

81-22-419 . Requirements for containers and equipment. All containers and equipment used in the manufacture, storage, holding display, and transportation of any manufactured dairy product shall be nontoxic, easily cleanable, and free from dents, cracks, crevices, rust, and any other condition which would prevent cleaning and sanitizing.
Mont. Code Ann. § 81-9-202 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-202
81-9-202 Exceptions of certain producers of meats
Status: in_force

81-9-202 . Exceptions of certain producers of meats. (1) The owners or operators of slaughterhouses, packinghouses, meat depots, or other places of business engaged in the production, storage, or transportation of meats or meat foods are not required to procure a license from the department of public health and human services for the business of production, storage, or transportation of these food products.

(2) This section does not limit the:

(a) supervision or regulation by the department of public health and human services of the sanitary condition of a restaurant, hotel, boardinghouse, or retail market or the products sold or offered for sale at those facilities; or

(b) duties imposed by law on the department of public health and human services to make sanitary rules for the eradication or control of an epidemic of human disease that may exist in a community.
Mont. Code Ann. § 81-2-112 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-112
81-2-112 Prohibition by governor on importation of animals from localities where disease exists -- penalty
Status: in_force

81-2-112 . Prohibition by governor on importation of animals from localities where disease exists -- penalty. (1) Whenever the governor has good reason to believe that any disease dangerous or inimical to the livestock or poultry industry or dangerous to dogs or other animals has become epidemic in certain localities in any other state or territory, the District of Columbia, or any other country, the governor shall issue a proclamation designating the localities and prohibiting the importation from those localities into this state, except under restrictions that the governor may consider proper, of any livestock, poultry, dogs, or other animals or articles or commodities likely to convey the disease or diseases.

(2) A person who, after the publication of the proclamation, knowingly receives any livestock, dog, fowl, or other animal or article or commodity designated in the proclamation as likely to convey disease from any of the prohibited districts and transports or conveys the animal, article, or commodity within the limits of this state is punishable by imprisonment in the county jail for not less than 60 days or more than 8 months or a fine of not less than $300 or more than $5,000, or both, and is further liable for any and all damages and loss that may be sustained by any person or persons by reason of the disobedience of the proclamation.
Mont. Code Ann. § 81-9-403 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-403
81-9-403 Seizure and sale of hides when ownership cannot be determined -- disposition of proceeds
Status: in_force

81-9-403 . Seizure and sale of hides when ownership cannot be determined -- disposition of proceeds. (1) A state stock inspector or other officer who has authority to make an inspection of a slaughtered beef, veal, or hide of a beef or veal may seize and hold the hide when on inspection the officer finds that the brand is so altered, obliterated, or defaced that the original brand cannot be determined by a reasonable inspection or when the inspector or officer finds that ownership cannot be established by the brand or by other satisfactory proof.

(2) If, within 15 days after the seizure of the hide, proof of ownership cannot be established either by brand, bill of sale, or otherwise, the inspector or officer may sell the hide at the best available price and remit the proceeds, less the cost of processing, storing, and selling, to the department together with a full report of the investigation. The report must contain a statement of the reason for the seizure and sale together with any tendered proof of ownership of any party. The proceeds must be deposited by the department with the state treasurer and credited to the stock estray fund, where it is subject to claim by a party showing proper proof of ownership in the same manner as provided in 81-4-605 .
Mont. Code Ann. § 81-8-258 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-258
81-8-258 Records and reports
Status: in_force

81-8-258 . Records and reports. Each livestock market shall keep accounts, records, and memoranda and shall make reports which the board requires, and the board and its authorized agents and employees shall at all times have access to the accounts, records, and memoranda for inspection and examination.
Mont. Code Ann. § 81-4-102 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-102
81-4-102 Construction of auto pass not to deprive legal fence of character
Status: in_force

81-4-102 . Construction of auto pass not to deprive legal fence of character. There may be maintained in a legal fence a pass so constructed that automobiles and trucks may pass over the same and which will prevent the passage of livestock across said opening without depriving such fence of the character of a legal fence under the laws of this state.
Mont. Code Ann. § 81-8-262 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-262
81-8-262 Sale of animals of unknown ownership
Status: in_force

81-8-262 . Sale of animals of unknown ownership. (1) If there is any question respecting the ownership of livestock sold, the livestock inspector may take possession of the livestock. The livestock inspector shall notify the person in charge of the market and conducting the sales and the person who has purchased the livestock at the sale within a reasonable time.

(2) Whenever livestock is sold, the ownership of which is not known or cannot be determined by the livestock inspector, it may be sold as strays and the net proceeds derived from the sale shall be handled as provided in 81-8-263 .
Mont. Code Ann. § 81-7-117 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-117
81-7-117 Department to examine claims and certificates -- approval or disapproval of claims
Status: in_force

81-7-117 . Department to examine claims and certificates -- approval or disapproval of claims. The department shall examine and investigate every bounty claim and certificate filed with the department. When it makes the examination and investigation, the department may require the holder of a certificate or claim to furnish the department with the additional evidence or proof about the certificate or claim which the department considers necessary. The evidence may be either oral or documented, as required by the department. The department shall, after making the examination and investigation, endorse on the certificate or claim its approval or disapproval of it, and if the certificate or claim or any part of it is disapproved, the endorsement shall state the reasons for the disapproval. If a certificate or claim is approved, it shall be processed as provided by law.
Mont. Code Ann. § 81-23-103 — MT Code / Title 81 / Chapter 23 / Part 1 / Section 81-23-103
81-23-103 General powers of department and board
Status: in_force

81-23-103 . General powers of department and board. (1) Except for milk produced from a small dairy as defined in 81-21-101 , the board shall supervise, regulate, and control the milk industry of this state, including the production, processing, storage, distribution, and sale of milk sold for consumption in this state. The board shall conduct hearings and make determinations under this chapter and under board rules and orders promulgated pursuant to this chapter. This chapter does not affect the status, force, or operation of any provision of public health laws, county board of health rules, or municipal ordinances for the promotion or protection of the public health.

(2) The department may cooperate with the department of public health and human services, a county or city board of health, or the department of agriculture in enforcing this chapter.

(3) The department shall assist the board by investigating all matters pertaining to the production, processing, storage, distribution, and sale of milk in this state and by bringing proceedings to enforce the orders of the board. The department, in exercising its enforcement duties, may subpoena milk dealers, their records, books, and accounts, and any other person from whom information may be desired or considered necessary to carry out the purposes and intent of this chapter. The department may take depositions of witnesses who are sick or absent from the state or who cannot otherwise appear in person before the department at its offices. The department shall give at least 10 days' notice to the proposed witness.

(4) The department shall provide staff to the board as provided in 2-15-121 to assist in technical, enforcement, and regulatory activities.
Mont. Code Ann. § 81-4-328 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-328
81-4-328 Liability of officers
Status: in_force

81-4-328 . Liability of officers. No officer, board, or employee of any county or any employee of such officer or board shall be liable for any act performed in good faith in discharging official duties under 81-4-321 through 81-4-327 , and all such acts shall be presumed to have been in good faith and in conformity with 81-4-321 through 81-4-327 .
Mont. Code Ann. § 81-20-103 — MT Code / Title 81 / Chapter 20 / Part 1 / Section 81-20-103
81-20-103 Violation
Status: in_force

81-20-103 . Violation. Any person, persons, firm, or corporation violating any provision of 81-20-101 or any rule or order promulgated by authority of the same or who shall obstruct or interfere with the performance of any duty or the exercise of any power hereby conferred shall be guilty of a misdemeanor.
Mont. Code Ann. § 81-7-121 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-121
81-7-121 Falsifying certificates or affidavits -- penalty
Status: in_force

81-7-121 . Falsifying certificates or affidavits -- penalty. A person who falsely makes, alters, forges, or counterfeits any of the certificates or orders and any person who falsely swears to any affidavit provided for by 81-7-111 through 81-7-118 and 81-7-120 through 81-7-122 or procures the same act to be done by another, with the intent of obtaining any one of the certificates or orders, is punishable as provided in Title 45.
Mont. Code Ann. § 81-8-704 — MT Code / Title 81 / Chapter 8 / Part 7 / Section 81-8-704
81-8-704 Procurement and use of labels -- information concerning -- disposal of moneys
Status: in_force

81-8-704 . Procurement and use of labels -- information concerning -- disposal of moneys. The department of livestock may make, print, or otherwise prepare a quantity of labels, tags, and seals with the Montana quality label printed, lithographed, inscribed, engraved, or impressed on them sufficient to supply the demand for them. The department may furnish labels, tags, and seals at reasonable prices to a producer, processor, packer, or dresser who has been granted the continuous official inspection service. This part does not preclude the department from permitting, under its rules, a producer, processor, packer, or dresser to make, prepare, or cause to be made or prepared the labels, tags, or seals to be used on the person's own product or to print, stamp, or otherwise place or cause to be placed the Montana quality label on products or containers that have been subject to continuous inspection if the labels, tags, seals, stamps, or other devices are of a design that the department prescribes. The department may, in cooperation with the United States department of agriculture or otherwise, make use of available and appropriate means to disseminate information concerning the Montana quality label and the products that may lawfully bear it and to popularize its use. All money derived from furnishing the labels, tags, and seals or from permitting the use of the Montana quality label must be deposited in the state treasury to the credit of the general fund.
Mont. Code Ann. § 81-6-104 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-104
81-6-104 Fee -- special fund
Status: in_force

81-6-104 . Fee -- special fund. The county livestock protective committee may recommend to the board of county commissioners the imposition of a fee in an amount not to exceed $1 per head on all cattle 9 months of age or older in the county on the regular assessment date of each year as provided in 15-24-903 , and the board of county commissioners shall impose the fee. The fee must be collected and deposited by the county treasurer in a special fund to be known as the livestock special deputy fund, together with any other funds made available from county, state, federal, or private sources for the purposes of this part.
Mont. Code Ann. § 81-7-403 — MT Code / Title 81 / Chapter 7 / Part 4 / Section 81-7-403
81-7-403 Dogging livestock
Status: in_force

81-7-403 . Dogging livestock. Any person who permits or directs any dog owned by the person or in the person's possession to chase or run any cattle or other livestock of which the person is not the owner or the person in charge upon the open range or government lands or away from any watering place upon the open range is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
Mont. Code Ann. § 81-8-260 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-260
81-8-260 Dispersal sales
Status: in_force

81-8-260 . Dispersal sales. Dispersal sales conducted through a livestock market must meet the requirements of this part.
Mont. Code Ann. § 81-8-301 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-301
81-8-301 Notices of security agreements -- renewals -- assignments
Status: in_force

81-8-301 . Notices of security agreements -- renewals -- assignments. (1) The department of livestock shall accept and file notices of security agreements, renewals, assignments, and satisfactions covering livestock owned by a person, firm, corporation, or association and bearing its recorded brand and shall list the notices on the official records of marks and brands kept by it. The department shall transfer a copy of the notices and their accompanying brands to the central livestock markets. All forms on which the notices are given shall be prescribed by the department and furnished by the secured party who gives the notice. A livestock market to which livestock is shipped may not be held liable to any secured party for the proceeds of livestock sold through the livestock market by the debtor unless notice of the security agreement is filed and a copy is transferred as hereinbefore provided. The department of livestock may not be held liable to any secured party for the proceeds of livestock sold through a livestock market by the debtor.

(2) Notices of security agreements must be renewed every 5 years commencing on January 1, 1983, by notifying the department in a manner prescribed by it and by paying the fee set pursuant to 81-8-304 not more than 30 days before or 90 days after January 1.

(3) Assignments of security interests must be renewed every 5 years commencing on January 1, 1983, by notifying the department and paying the fee set pursuant to 81-8-304 not more than 30 days before or 90 days after January 1.

(4) Failure to comply with the provisions of subsection (2) or (3) will result in the termination of the notice on the 91st day following the applicable January 1 without notification by the department.

(5) Satisfactions of security agreements must be filed immediately with the department of livestock.
Mont. Code Ann. § 81-8-275 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-275
81-8-275 Termination of license
Status: in_force

81-8-275 . Termination of license. A license issued under this part terminates at the close of business on May 1 of each year following the issuance of the license unless the annual fee has been paid.
Mont. Code Ann. § 81-29-102 — MT Code / Title 81 / Chapter 29 / Part 1 / Section 81-29-102
81-29-102 Control of feral swine
Status: in_force

81-29-102 . Control of feral swine. A person, a state agency, or a federal agency authorized by the state or the federal government is allowed to control or eradicate feral swine.
Mont. Code Ann. § 81-4-325 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-325
81-4-325 Penalty and liability for horses wrongfully entering on premises in horse herd district
Status: in_force

81-4-325 . Penalty and liability for horses wrongfully entering on premises in horse herd district. If any such horse or horses wrongfully enter upon premises within such district of any person, the owner or person in control of such horse or horses shall be punished according to the provisions of 81-4-309 and in addition to said punishment shall be liable for all damages sustained thereby to the party entitled thereto.
Mont. Code Ann. § 81-9-217 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-217
81-9-217 Definitions
Status: in_force

81-9-217 . Definitions. As used in 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 , the following definitions apply:

(1) "Adulterated" means the term applied to meat if:

(a) it bears or contains a poisonous or deleterious substance that may render it injurious to health, except that if the substance is not an added substance, the product may not be considered adulterated if the quantity of the substance is insufficient to ordinarily render it injurious to health;

(b) it bears or contains, by reason of administration of any substance to the meat, an added poisonous or added deleterious substance other than a color additive, a food additive, or a pesticide chemical in or on a raw agricultural commodity, any of which may in the board's judgment make the meat unfit for human food;

(c) it is in whole or in part a raw agricultural commodity and bears or contains a pesticide chemical that is unsafe as provided in the Federal Food, Drug and Cosmetic Act;

(d) it bears or contains a food additive that is unsafe as provided in the Federal Food, Drug and Cosmetic Act;

(e) it bears or contains a color additive that is unsafe as provided in the Federal Food, Drug and Cosmetic Act; however, the meat that is not otherwise considered adulterated under subsection (1)(c), (1)(d), or (1)(e) is considered adulterated if use of the pesticide chemical, food additive, or color additive in or on the article is prohibited by rule of the board;

(f) it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;

(g) it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;

(h) it is in whole or in part the product of an animal, including poultry, that has died otherwise than by slaughter;

(i) its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health;

(j) it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to 21 U.S.C. 348; or

(k) any valuable constituent has been in whole or in part omitted or abstracted from the meat, any substance has been substituted wholly or in part for meat, damage or inferiority has been concealed in any manner, or any substance has been added to it or mixed or packed with it so as to increase its bulk or weight or make it appear better or of greater value than it is.

(2) "Cell-cultured edible product" has the same meaning as provided in 50-31-103 .

(3) "Chief" means the chief meat inspector appointed as provided in 81-9-226 .

(4) "Federal Food, Drug and Cosmetic Act" means 21 U.S.C. 301 through 392, as that law read on October 1, 1987.

(5) "Livestock" means cattle, buffalo, sheep, swine, goats, horses, and mules or other equines, whether alive or dead.

(6) "Livestock product" or "poultry product" means a product capable of use as human food that is wholly or partially made from meat and is not specifically exempted by rule of the board.

(7) "Meat" means the edible flesh of livestock or poultry and includes livestock and poultry products. This term does not include cell-cultured edible products as defined in this section.

(8) "Misbranded" means the term applied to meat:

(a) if its labeling is false or misleading in any particular;

(b) if it is offered for sale under the name of another food;

(c) if it is an imitation of a meat product, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food being imitated;

(d) if its container is so made, formed, or filled as to be misleading;

(e) if it does not bear a label showing:

(i) the name and place of business of the manufacturer, packer, or distributor; and

(ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count. The board may adopt rules exempting small meat packages, meat not in containers, and other reasonable variations.

(f) if any word, statement, or other information required by 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 to appear on the label is not prominently placed on the label, as compared with other words, statements, designs, or devices in the labeling, and is not stated in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(g) if it is represented as a food for which a definition and standard of identity or composition has been prescribed by the rules of the board, unless:

(i) it conforms to the definition and standard; and

(ii) its label bears the name of the food specified in the definition and standard and, if required by the rules, the common names of optional ingredients present in the food, other than spices, flavoring, and coloring;

(h) if it is represented as a food for which a standard of fill of container has been prescribed by rules of the board and it falls below the standard of fill of container applicable to the food, unless its label bears, in the manner and form that the rules specify, a statement that it falls below the standard;

(i) if it is not subject to the provisions of subsection (8)(g), unless its label bears:

(i) the common or usual name of the food, if any; and

(ii) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings may, when authorized by the board, be designated as spices, flavorings, and colorings without naming each. To the extent that compliance with the requirements of this subsection (8)(i)(ii) is impracticable or results in deception or unfair competition, exemptions must be established by rules promulgated by the board.

(j) if it purports to be for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties as the board, after consultation with the U.S. secretary of agriculture, by rule prescribes as necessary in order to fully inform purchasers as to its value for those uses;

(k) if it bears or contains an artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection (8)(k) is impracticable, exemptions must be established by rules promulgated by the board; or

(l) if it fails to bear directly on the meat and on its containers, as the board may by rule prescribe, the official inspection legend and establishment number of the establishment where the product was prepared and other information that the board may require to ensure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat in a wholesome condition.

(9) (a) "Mobile slaughter facility" means a mobile unit that is operated by a person licensed by the board to slaughter livestock or poultry, that is capable of providing onsite slaughter services for the owner of the livestock or poultry, and at which inspection of the slaughter of livestock or poultry or the preparation of meat food products is regulated under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 .

(b) The term does not mean a person engaged in custom slaughtering as provided in 81-9-218 (2).

(10) "Official establishment" means an establishment licensed by the board at which inspection of the slaughter of livestock or poultry or the preparation of meat food products is maintained under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 . The term includes a mobile slaughter facility.

(11) "Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" have the same meanings as provided in 21 U.S.C. 321.

(12) "Poultry" means any domesticated bird, whether alive or dead.

(13) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.
Mont. Code Ann. § 81-22-407 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-407
81-22-407 Sanitary regulation of imported products
Status: in_force

81-22-407 . Sanitary regulation of imported products. (1) All manufactured dairy products or imitations or products made in semblance thereof, covered by this chapter, shipped into Montana for sale, display, or use must be produced under the same or equivalent sanitary regulations and requirements as govern the production of such products in Montana.

(2) Unless the sanitary conditions of manufacture and standards of identity conform to the same or equivalent standards required by the laws or regulations of this state, such products shall not be sold, given away, displayed, transported into, or used in Montana.
Mont. Code Ann. § 81-6-313 — MT Code / Title 81 / Chapter 6 / Part 3 / Section 81-6-313
81-6-313 Powers and duties of department -- rules
Status: in_force

81-6-313 . Powers and duties of department -- rules. (1) The department may:

(a) create, maintain, and promote a statewide livestock crimestoppers program in order to assist law enforcement agencies in detecting and combating livestock-related crimes;

(b) advise and assist in the creation and maintenance of local programs;

(c) encourage the channeling of information from the programs to law enforcement agencies;

(d) foster the detection of livestock-related crimes by the public;

(e) encourage the public, through a reward program or otherwise, to provide information that assists in the prosecution of livestock-related crimes;

(f) promote the state and local programs through the media;

(g) accept gifts, grants, or donations for the furtherance of the program and spend these in compliance with the conditions of the gifts, grants, or donations; and

(h) adopt rules necessary to administer the provisions of this part.

(2) The department shall recommend to the board of livestock:

(a) the names of individuals to be rewarded for providing information used in detecting and combating livestock-related crimes;

(b) the amount of any reward recommended; and

(c) means for promoting the program.
Mont. Code Ann. § 81-4-403 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-403
81-4-403 Impounding animals -- duties of cities and towns
Status: in_force

81-4-403 . Impounding animals -- duties of cities and towns. When any livestock or domestic animals of any kind are impounded, seized, restrained, or held by any city or town or its officers or agents, it shall be the duty of such city or town, its officers or agents, to give notice to the owner of such livestock or domestic animals so impounded, seized, restrained, or held by such city or town, if the owner is known, in the manner hereinafter provided.
Mont. Code Ann. § 81-20-209 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-209
81-20-209 Revocation of license
Status: in_force

81-20-209 . Revocation of license. A license issued by the department under this part may be revoked by the department when the holder of the license fails to comply with the laws of this state that apply to the conduct of the business under the license. If a firm, person, or corporation whose license has been revoked by the department continues to buy, sell, or deal in eggs without a license, the firm, person, or corporation is guilty of a misdemeanor and is subject to the penalties provided for in 81-20-208 .
Mont. Code Ann. § 81-7-111 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-111
81-7-111 Evidence of killing by bounty claimant
Status: in_force

81-7-111 . Evidence of killing by bounty claimant. (1) Any person killing a predatory animal, except a mountain lion, to obtain a bounty shall within 30 days of the date of the killing:

(a) exhibit the entire skin of the animal, including the entire head with ears, the tail, and all four paws, to the bounty inspector nearest to the locality in which the animal was killed; and

(b) at the same time file with the bounty inspector an affidavit setting forth:

(i) that the person killed the animal from which the skin was taken;

(ii) that the animal was killed nearer to or, if more than one hide is presented, that the greater number of animals were killed nearer to the residence of the bounty inspector to which the animals are being presented than to any other bounty inspector; and

(iii) the county or counties in which the animals were killed.

(2) Any person killing a mountain lion to obtain a bounty shall present the mountain lion to a bounty inspector as provided in this section, except that, in addition to the requirements of this section, the skin of a mountain lion must also contain the entire skin of the lower jaw, which must be severed by the bounty inspector and thereafter treated in the same manner as the skins of other animals subject to this section.

(3) Every bounty inspector appointed under the provisions of 81-7-111 through 81-7-118 and 81-7-120 through 81-7-122 is empowered to administer oaths to persons making the affidavit required by this section.
Mont. Code Ann. § 81-23-302 — MT Code / Title 81 / Chapter 23 / Part 3 / Section 81-23-302
81-23-302 Establishment of minimum prices
Status: in_force

81-23-302 . Establishment of minimum prices. (1) The board shall, by adopting rules, fix minimum producer prices for classes of utilization of milk as defined by the board.

(2) The board shall establish prices by means of flexible formulas that must be devised so that the formulas bring about automatic changes in all minimum prices that are justified on the basis of changes in production, supply, processing, distribution, and retailing costs.

(3) The board shall consider the balance between production and consumption of milk, the costs of production and distribution, and prices in adjacent and neighboring areas and states so that minimum prices that are fair and equitable to producers and consumers may result.

(4) The board shall, when publishing notice of proposed rulemaking under authority of this section, set forth the specific factors that must be taken into consideration in establishing the formulas and, in particular, in determining costs of production and of the actual dollars and cents costs of production that preliminary studies and investigations of auditors or accountants in the department's employment indicate will or should be shown at the hearing so that all interested parties will have an opportunity to be heard and to question or rebut the considerations as a matter of record.

(5) Specific factors may include but are not limited to the following items:

(a) current and prospective supplies of milk in relation to current and prospective demands for milk for all purposes;

(b) the cost factors in producing milk, which must include among other things the prices paid by farmers generally, as used in parity calculations of the United States department of agriculture, prices paid by farmers for dairy feed in particular, and farm wage rates in this state;

(c) the alternative opportunities, both farm and nonfarm, open to milk producers, which must include among other things the prices received by farmers for all products other than milk, the prices received by farmers for beef cattle, and the percentage of unemployment in the state and nation as determined by appropriate state and federal agencies;

(d) the prices of butter, nonfat dry milk, and cheese;

(e) the need, if any, for freight or transportation charges to be deducted by distributors from producer prices for bulk milk.

(6) If the board at any time proposes to base all or part of an official order establishing or revising milk pricing formulas upon facts within its own knowledge, as distinguished from evidence that may be presented to it by the consuming public or the milk industry, the board shall, when publishing notice of proposed rulemaking under authority of this section, notify the consuming public and the milk industry of the specific facts within its own knowledge that it will consider so that all interested parties will have an opportunity to be heard and to question or rebut the facts as a matter of record.

(7) The board, after consideration of the evidence produced, shall make written findings and conclusions and shall fix by official rule the formula under which minimum producer prices for milk must be computed.

(8) This section may not be construed as requiring the board to promulgate a specific number of formulas, but it must be construed liberally so that the board may adopt a reasonable method of expression to accomplish the objective set forth in subsection (7).

(9) Each rule establishing or revising milk pricing formulas must classify milk by forms, classes, grades, or uses as the board considers advisable and must specify the minimum prices for the forms, classes, grades, and uses.

(10) Distributors who have processing facilities in this state shall, whenever possible, purchase milk from Montana producers for the processing of products to be sold in this state if milk is available from Montana producers at the price set by the board.

(11) The board shall adopt rules to regulate transportation rates that distributors, contract haulers, and others charge producers for interplant transportation of milk. An allowance for transportation of milk between plants may not be permitted unless it is found by the board to be necessary to permit the movement of milk in the public interest. The board may promulgate rules regarding the requirement for first call on Montana milk supplies as provided in subsection (10). Rules must be coordinated with those adopted pursuant to fair trade practices under 81-23-303 .

(12) All milk purchased by a distributor must be purchased on a uniform basis. The basis to be used must be established by the board after the producers and the distributors have been consulted.

(13) The board may amend a rule in the same manner provided in this section for the original establishment of milk pricing formulas. The board may in its discretion, when it determines that the need exists, give notice of and hold statewide public hearings affecting establishment or revision of milk pricing formulas.

(14) Upon petition of a distributor or a majority of a distributor's producers, the board shall hold a hearing to receive and consider evidence regarding the advisability and need for a base or quota plan as a method of payment by that distributor of producer prices. If the board finds that the evidence presented at the hearing warrants the establishment of a base or quota plan, the board shall proceed by order to establish the base or quota plan.

(15) (a) Upon petition by 10% or 20 of the licensed producers in Montana, whichever is less, or upon petition by a licensed producer-distributor or distributor, the board shall hold a hearing to receive and consider evidence regarding the advisability and need for a statewide pooling arrangement as a method of payment of producer prices, provided that at the hearing, the board shall, among other things, specifically receive and consider evidence concerning production and marketing practices that have historically prevailed statewide. If the board finds that the evidence presented at the hearing warrants the establishment of a statewide pooling arrangement, the board shall proceed by order to establish the arrangement. An order is not effective until it is approved in a referendum conducted by the board by mail among affected producers, producer-distributors, and distributors. The order must be approved by a majority of the producers, producer-distributors, and distributors voting, representing more than 50% of the milk produced in Montana that is to be included in the proposed pool, based on each producer's average monthly production for the 12 months immediately preceding the referendum. If the board finds it necessary, the board may conduct more than one referendum on any order.

(b) The order of the board establishing the statewide pooling arrangement may include other provisions that the board considers necessary for the proper and efficient operation of the pool. These provisions may include but are not limited to:

(i) a statewide base or quota plan contemplated in subsection (14);

(ii) the establishment of a pool settlement fund to be administered by the department for the purpose of receiving payments from pool distributors or making payments to them as necessary in order to operate and administer the statewide pool; and

(iii) the establishment of a pool expense fund for the purpose of offsetting the costs to the department of administering the pool, funded by a special levy assessed against each pool producer.

(c) During the initial startup of a statewide pool, the department may draw from existing cash reserves to fund a pool settlement fund and a pool expense fund, but withdrawals from the cash reserve must be reimbursed.

(d) An order of the board establishing a statewide pooling arrangement that has been approved in a referendum may be rescinded in the same manner as provided for approval of the order under subsection (15)(a). The order may be amended without a referendum if, prior to amending the order, the board gives written notice of its intended action and holds a public hearing.

(16) The requirements of this section concerning notices of hearings for the establishment of milk pricing formulas apply to any hearings regarding base or quota plans or statewide pooling arrangements or abandonment of base or quota plans or statewide pooling arrangements.

(17) Rules adopted pursuant to this section must be audited for compliance by the department and enforced by the board. An enforcement action is subject to the provisions of 81-23-407 .
Mont. Code Ann. § 81-6-105 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-105
81-6-105 Special livestock deputy -- duties -- compensation
Status: in_force

81-6-105 . Special livestock deputy -- duties -- compensation. The county livestock protective committee may recommend to the board of county commissioners the appointment of a special livestock deputy, satisfactory to the department and the sheriff, whose duties are to assist the department and the sheriff in the enforcement of hide and brand inspection laws, laws governing the movement and sale of livestock and the treatment and prevention of livestock diseases, laws pertaining to the apprehension of livestock rustlers and the prevention of rustling, and other laws that are of particular concern to the livestock industry of the county, particularly with regard to cattle. The special livestock deputy may receive a commission from the department and appointment as a deputy from the sheriff of the county and shall give the same bond for the faithful performance of the duties as the bond required from officers performing similar duties. The special livestock deputy must receive compensation for services and for mileage traveled in the performance of the special livestock deputy's duties in an amount set by the board of county commissioners on the recommendation of the committee, to be paid from the livestock special deputy fund and from the county general fund in the proportions set by the board of county commissioners.
Mont. Code Ann. § 81-9-401 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-401
81-9-401 Definitions
Status: in_force

81-9-401 . Definitions. (1) "Animal hide" means the hide of a bovine, equine, mule, ass, sheep, goat, or swine of any age, sex, or breed.

(2) "Hide certificate" means a certificate showing a transfer of ownership of animal hides.

(3) "Hide dealer" or "buyer" means, for the purpose of this part, every person, firm, corporation, or association engaged in the business of buying or selling animal hides. However, licensed slaughterhouses shall not be deemed hide dealers or buyers.

(4) "Inspector" means a state stock inspector or deputy state stock inspector, as defined in 81-3-201 , appointed by the department of livestock.

(5) "Seller" means a person selling or delivering animal hides for or without a pecuniary consideration.
Mont. Code Ann. § 81-6-108 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-108
81-6-108 County participation in defraying part of administrative expenses
Status: in_force

81-6-108 . County participation in defraying part of administrative expenses. Nothing in this part shall be construed to limit or deprive the board of county commissioners to participate in defraying a part of the expense of the administration of this part.
Mont. Code Ann. § 81-4-406 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-406
81-4-406 Service on department of livestock
Status: in_force

81-4-406 . Service on department of livestock. If the owner of livestock described in this part is unknown or if the owner is known but the owner's post-office address is unknown, the notice must be served on the department.
Mont. Code Ann. § 81-1-203 — MT Code / Title 81 / Chapter 1 / Part 2 / Section 81-1-203
81-1-203 Compensation
Status: in_force

81-1-203 . Compensation. The stock inspectors and detectives are under the exclusive control and direction of the department. They must be paid for their services in the amount which the department determines.
Mont. Code Ann. § 81-4-326 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-326
81-4-326 Retention and sale of horses for damages and care -- procedure
Status: in_force

81-4-326 . Retention and sale of horses for damages and care -- procedure. (1) The owner or occupant of the land upon which wrongful entry is made under 81-4-325 may take into the owner's or occupant's possession the horse or horses and shall reasonably care for the horse or horses while in possession and may retain possession of the horse or horses and has a lien and claim on the horse or horses as security for payment of the damages and reasonable charges for the care of the horse or horses while in the owner's or occupant's possession. The person taking up the horse or horses shall within 48 hours after taking possession notify the owner, owners, or persons in charge of the horse or horses by a notice in writing, describing the horse or horses taken up, including marks and brands, if any, the amount of damages claimed, the charge per head per day for caring for and feeding the horse or horses, and, either by legal subdivisions or other general description, the location of the premises upon which the horse or horses are held and requiring that person within 48 hours after receiving the notice to take the horse or horses away after making full payment for all damages and costs of the horse or horses. The notice must be given by personal service on the owner, owners, or person in charge of the horse or horses or by leaving the notice at that person's usual place of residence with some member of that person's family over 14 years of age or by sending the notice by prepaid certified mail addressed to that person's last-known place of residence. Service by certified mail is considered complete upon the deposit of the notice in the post office.

(2) Upon demand, the owner or occupant of the land shall release and deliver possession of the horse or horses to the owner or person entitled upon payment of damages and charges, but payment of damages and charges may not act as a bar to the prosecution of the person, owner, or person in control of the horse or horses as provided in subsection (1). If the owner or claimant of the horse or horses is not known to the person taking up the horse or horses or the owner or claimant refuses to pay the amount of damages and charges, the person taking up the horse or horses shall, within 72 hours from the time the horse or horses were taken up, deliver to the sheriff or a constable of the county in which the horse or horses were taken up a statement containing the information required to be given in the notice. In addition, the person shall mail by prepaid certified mail a copy of the statement addressed to the nearest state livestock inspector. Upon receipt of the statement, the sheriff or constable shall proceed to advertise and sell at public auction the horse or horses taken up.
Mont. Code Ann. § 81-1-301 — MT Code / Title 81 / Chapter 1 / Part 3 / Section 81-1-301
81-1-301 Administrator -- appointment and qualifications
Status: in_force

81-1-301 . Administrator -- appointment and qualifications. (1) The board shall appoint a person to be directly responsible to it for the administration of the laws relating to animal health.

(2) The person must have a doctor of veterinary medicine degree from an accredited college or school and must be licensed to practice veterinary medicine in this state.
Mont. Code Ann. § 81-6-205 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-205
81-6-205 Removal of area from protective district -- discontinuance of district -- fee saved
Status: in_force

81-6-205 . Removal of area from protective district -- discontinuance of district -- fee saved. Upon receipt of a petition or petitions signed in the same number and the same manner as the petition to form the district provided for in 81-6-201 , a board of county commissioners shall remove the area in its county from the cattle protective district or the boards of county commissioners of all of the counties affected may discontinue the entire cattle protective district. The discontinuance of a district or part of a district 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 or portion of a district may not be discontinued as long as there is any outstanding indebtedness against it.
Mont. Code Ann. § 81-4-501 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-501
81-4-501 Definitions
Status: in_force

81-4-501 . Definitions. Unless the context requires otherwise, in this part the following definitions apply:

(1) "Abandoned horse" means a horse, mare, gelding, filly, jack, mule, or other animal of the genus Equus, 1 year of age or over and unbranded or, if branded, which has escaped assessment for taxation for the year immediately preceding its impounding as provided for in this part, and running at large on the open range of this state, including foals running with dams coming within the above definition. An animal not bearing a decipherable brand which is recorded with the department of livestock is considered unbranded.

(2) "Open range" means all lands in this state not enclosed by a fence. The term "open range" includes all highways outside of private enclosures and used by the public, whether the highways have been formally dedicated to the public or not.

(3) "Person" includes individuals, associations, persons, and corporations.
Mont. Code Ann. § 81-4-210 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-210
81-4-210 Only purebred bulls to run at large -- limitation on time
Status: in_force

81-4-210 . Only purebred bulls to run at large -- limitation on time. It shall be unlawful for any person or persons, firm, company, or corporation to turn upon or allow to run at large on the public highways, open range, or national forest reserve within the state of Montana any bull other than a purebred bull of a recognized beef type; and no bull shall be turned upon or allowed to run at large upon any such public highways, open range, or national forest reserve between December 1 and June 1 of each and every year.
Mont. Code Ann. § 81-7-201 — MT Code / Title 81 / Chapter 7 / Part 2 / Section 81-7-201
81-7-201 County fee for bounties on predatory animals -- definition
Status: in_force

81-7-201 . County fee for bounties on predatory animals -- definition. (1) Whenever the owners or agents of the owners of not less than 51% of the livestock of any county in this state present a petition to the board of county commissioners asking for the imposition of a fee upon the livestock of the county for the purpose of paying bounties on predatory animals killed in the county, the board of county commissioners shall impose the fee on all livestock in the county. The fee must remain in effect until a subsequent petition is submitted to modify or eliminate the fee.

(2) The board of county commissioners shall determine the dollar amount of the bounty to be paid on each predatory animal.

(3) The board of county commissioners may appoint bounty inspectors in addition to those provided for in 81-7-112 .

(4) (a) Except as provided in subsection (4)(b), for the purposes of this part, "predatory animal" has the meaning provided in 81-7-101 .

(b) The term does not include species managed or protected subject to Title 87.
Mont. Code Ann. § 81-9-422 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-422
81-9-422 Acting without a license a misdemeanor
Status: in_force

81-9-422 . Acting without a license a misdemeanor. Any person acting as a hide dealer or buyer without a license as required by this part is guilty of a misdemeanor.
Mont. Code Ann. § 81-8-504 — MT Code / Title 81 / Chapter 8 / Part 5 / Section 81-8-504
81-8-504 Tax levy authorized
Status: in_force

81-8-504 . Tax levy authorized. For the purpose of defraying the costs of purebred livestock shows and purebred livestock sales, the county commissioners may, subject to 15-10-420 , levy a tax on the taxable value of all taxable property in the county. The taxes must be paid into the general fund of the county.
Mont. Code Ann. § 81-3-201 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-201
81-3-201 Definitions
Status: in_force

81-3-201 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Deputy state stock inspector" means a person designated by the department as a deputy state stock inspector who does not receive a salary or compensation from the department.

(2) "Feedlot" means a confined livestock feeding operation where the owner or operator of the feedlot feeds livestock belonging to others for a fee.

(3) "Livestock" means a bovine animal, domestic bison, horse, mule, or ass, regardless of its age or sex.

(4) "Person" means an individual, partnership, corporation, association, firm, or entity not enumerated that is capable of owning or controlling livestock.

(5) "Specially qualified deputy stock inspector" means a deputy state stock inspector who has been certified by the department, under rules adopted pursuant to 81-3-202 , as qualified to conduct an inspection for a permanent transportation permit for a saddle, work, or show horse.

(6) "State stock inspector" means an employee of the department of livestock designated by the department as a state stock inspector.
Mont. Code Ann. § 81-8-212 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-212
81-8-212 Purpose
Status: in_force

81-8-212 . Purpose. The purpose of this part is to:

(1) simplify, clarify, and modernize the law governing livestock marketing businesses and livestock marketing transactions;

(2) encourage, stimulate, and stabilize the livestock economy of the state; and

(3) promote open, free, and competitive factors in the marketplace in relation to all market conditions involving the sale and purchase of livestock.
Mont. Code Ann. § 81-1-202 — MT Code / Title 81 / Chapter 1 / Part 2 / Section 81-1-202
81-1-202 Duties
Status: in_force

81-1-202 . Duties. The stock inspectors and detectives shall arrest all persons who in their presence violate the stock laws of this state. Each stock inspector and detective, on information that a person has committed an offense against the laws of this state by engaging in illegal branding or theft of stock or an offense against the laws of this state for the protection of the rights and interests of stock owners, shall make the necessary affidavit for the arrest and examination of the person and on a warrant issued for the person immediately arrest the person and bring the person before the proper officer and notify the department of the person's acts.
Mont. Code Ann. § 81-2-704 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-704
81-2-704 Quarantine for illegal entry -- liability for expenses
Status: in_force

81-2-704 . Quarantine for illegal entry -- liability for expenses. (1) Animals, animal semen, or animal biologics which enter the state of Montana without the required importation papers or in violation of any rules of the department shall be held in quarantine at the risk of the owner.

(2) The quarantine may be released only after the department has been satisfied, by appropriate means, that the animals, animal semen, or animal biologics under quarantine meet the requirements of law and the rules of the department.

(3) The owner of animals, animal semen, or animal biologics quarantined under this part is liable for all department expenses resulting from that quarantine except the expense of the salary of the supervising officer representing the department. Expenses include, but are not limited to, the expense of inspecting, testing, supervision of quarantine, supervision of dipping, supervision of disinfection, supervision of treatment, and laboratory testing.
Mont. Code Ann. § 81-23-406 — MT Code / Title 81 / Chapter 23 / Part 4 / Section 81-23-406
81-23-406 Additional remedies
Status: in_force

81-23-406 . Additional remedies. The board may begin any proceeding at law or in equity as may appear necessary to enforce compliance with this chapter or to enforce compliance with an order or rule of the board or department adopted under this chapter or to obtain a judicial interpretation of any of them. In addition to any other remedy, the board may apply to the district court of the district where the action arises for relief by injunction, mandamus, or any other appropriate remedy in equity without being compelled to allege or prove that an adequate remedy at law does not otherwise exist. The board may not be required to post bond in an action to which it is a party whether upon appeal or otherwise. All legal actions may be brought by or against the board or department in the name of the department, and it is not necessary in an action to which the department is a party that the action be brought by or against this state on relation of the department. The board may sue by its own attorney, and it may also call upon a county attorney to represent it in the district court of the county attorney's county or the attorney general to represent it on appeal to the supreme court, or it may associate its own attorney with either in court.
Mont. Code Ann. § 81-4-405 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-405
81-4-405 Service upon owner
Status: in_force

81-4-405 . Service upon owner. If the owner of livestock described in this part is known and if the owner's post-office address is known, the notice must be served upon the owner personally.
Mont. Code Ann. § 81-7-402 — MT Code / Title 81 / Chapter 7 / Part 4 / Section 81-7-402
81-7-402 Liability of owner of dog for damages to livestock or poultry
Status: in_force

81-7-402 . Liability of owner of dog for damages to livestock or poultry. (1) The owner of livestock or poultry injured or killed by any dog may recover as liquidated damages from the owner of the dog the actual value of the animals killed or the value of the damages sustained by reason of the injuries as the case may be. If two or more dogs kept by two or more owners or keepers injure or kill any livestock or poultry at the same time, the owners or keepers of the dogs are jointly and severally liable for such damages. It is no defense to the action that the owner or keeper of the dog had no knowledge of the dog's whereabouts at or prior to the time when the dog injured or killed livestock or poultry or that the owner or keeper of the dog had no knowledge of the dog's disposition or inclination to worry, kill, or injure livestock or poultry.

(2) The word "owner" when used in this section in relation to property interest in or possession of dogs includes every person who owns, harbors, or keeps a dog.
Mont. Code Ann. § 81-29-105 — MT Code / Title 81 / Chapter 29 / Part 1 / Section 81-29-105
81-29-105 Penalties for violations
Status: in_force

81-29-105 . Penalties for violations. A person violating the provisions of 81-29-104 is subject to:

(1) a fine of at least $2,000 but not more than $10,000 for each violation; and

(2) repayment of costs incurred by a state or federal agency for the control or eradication of a feral swine as a result of the person's violation.
Mont. Code Ann. § 81-4-321 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-321
81-4-321 Definition
Status: in_force

81-4-321 . Definition. The term "horses" when used in 81-4-321 through 81-4-328 shall include any mare, gelding, stallion, colt, foal, filly, mule, jack, and jenny.
Mont. Code Ann. § 81-7-511 — MT Code / Title 81 / Chapter 7 / Part 5 / Section 81-7-511
81-7-511 Penalty -- revocation of permit
Status: in_force

81-7-511 . Penalty -- revocation of permit. Any person convicted of violating a provision of this part is punishable by a fine of not less than $500 or more than $1,000. In addition, the permit, if any, of such person must be revoked for such period as the court may determine.
Mont. Code Ann. § 81-5-109 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-109
81-5-109 Presumption -- hearing -- disposition of vehicle and other property
Status: in_force

81-5-109 . Presumption -- hearing -- disposition of vehicle and other property. (1) There is a rebuttable presumption of forfeiture as to all property used for the theft or transportation of the livestock as provided in 81-5-104 .

(2) If a verified answer to the petition is not filed within 20 days after the service of the petition and summons, the court upon motion shall order the property forfeited to the state.

(3) If a verified answer is filed within 20 days, a hearing on the petition for forfeiture must be set without a jury not less than 60 days after the answer is filed. Notice of the hearing must be given in the manner provided for service of petition and summons.

(4) If the court finds that a vehicle, money, equipment, or personalty was not used for the purpose charged or that it was used without the consent or knowledge of the owner, it shall order the property released to the owner of record on the date of the seizure. If the court finds that the vehicle, money, equipment, or personalty was used for the purpose charged and was used with the knowledge and consent of the owner, the property must be ordered forfeited.
Mont. Code Ann. § 81-23-105 — MT Code / Title 81 / Chapter 23 / Part 1 / Section 81-23-105
81-23-105 Testing of milk
Status: in_force

81-23-105 . Testing of milk. (1) For the purpose of determining the value of milk supplied by producers during routine audits of milk processing plants that receive raw milk directly from producers, the department may establish a program of testing raw milk.

(2) The department may levy an assessment on licensed producers to secure the necessary funds to administer this program. This assessment is in addition to those provided in 81-23-202 .

(3) All personnel employed in the sampling and testing program must be licensed by the animal health division of the department.

(4) The department may conduct all types of sampling, grading, and testing techniques that the department considers necessary to carry out the intent of this section.
Mont. Code Ann. § 81-6-202 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-202
81-6-202 Selection of cattle protective committee members
Status: in_force

81-6-202 . Selection of cattle protective committee members. Each county wholly or partially included in such district shall be entitled to three members of the district cattle protective committee who shall be chosen in the same manner as members of county cattle protective committees under 81-6-101 .
Mont. Code Ann. § 81-1-111 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-111
81-1-111 Livestock loss reduction and mitigation trust fund
Status: in_force

81-1-111 . Livestock loss reduction and mitigation trust fund. (1) The legislature shall provide for a fund, to be known as the livestock loss reduction and mitigation trust fund, to be funded with gifts, grants, reimbursements, appropriations, or allocations from any source.

(2) The principal of the livestock loss reduction and mitigation trust fund shall forever remain inviolate in an amount of $5 million unless appropriated by a vote of three-fourths of the members of each house of the legislature.

(3) The interest and income generated from the livestock loss reduction and mitigation trust fund must be deposited in the livestock loss reduction and mitigation state special revenue account provided for in 81-1-110 . The interest and income may be appropriated by a majority vote of each house of the legislature and may be used only to fund the livestock loss reduction program and the livestock loss mitigation program as provided in 2-15-3111 and 2-15-3112 .

(4) (a) Until the principal of the fund reaches $5 million, at the end of each biennium, any amount of interest and income from the trust fund that is not used for the livestock loss reduction program or the livestock loss mitigation program must be used to reimburse the state general fund up to $120,000. Any remaining interest and income must be deposited in the trust fund as principal.

(b) After the principal of the trust fund reaches $5 million, at the end of each biennium, any amount of interest and income that is not used for the livestock loss reduction program or the livestock loss mitigation program must be deposited in the general fund.
Mont. Code Ann. § 81-4-306 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-306
81-4-306 Penalty for permitting animals to run at large in herd districts
Status: in_force

81-4-306 . Penalty for permitting animals to run at large in herd districts. (1) Any person who is the owner or entitled to the possession of any horses, mules, cattle, sheep, llamas, alpacas, bison, asses, hogs, or goats, who willfully permits the animals to run at large within any herd district, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50 or more than $250 for each offense. Each day that each five head or less of horses, mules, cattle, sheep, llamas, alpacas, bison, asses, hogs, or goats are willfully permitted to run at large constitutes a separate offense.

(2) Any person who is the owner or entitled to the possession of any bull, stallion, or jackass over 1 year of age who willfully permits the animal to run at large within any herd district is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50 or more than $250 for each offense. Each day that a bull is permitted to run at large constitutes a separate offense.
Mont. Code Ann. § 81-4-211 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-211
81-4-211 Female breeding cattle, purebred bull to accompany
Status: in_force

81-4-211 . Female breeding cattle, purebred bull to accompany. (1) Any person, persons, firm, company, or corporation allowing or permitting female breeding cattle to run at large upon the public ranges or national forest reserves in the state of Montana must place upon the range or national forest reserve one purebred graded bull of a recognized beef type, not less than 15 months or more than 8 years of age, for every 30 head of female breeding cattle pastured upon such range or national forest reserve. Any two or more such users of the public range or national forest reserve may join together in furnishing such bull when the aggregate number of female breeding cattle turned loose upon the same range or national forest reserve by such two or more users thereof does not exceed 30 head.

(2) A purebred bull as contemplated by 81-4-210 through 81-4-213 must be a bull having a registration certificate from the breeding association of its particular breed. A graded bull, as defined in 81-4-210 through 81-4-213 , shall be a purebred bull selected by a committee of permittees.
Mont. Code Ann. § 81-2-101 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-101
81-2-101 Authority of department agents
Status: in_force

81-2-101 . Authority of department agents. In the performance of official duties, an agent or officer of the department may enter on or in a lot, yard, land, building, room, premises, enclosure, car, wagon, boat, or other place or vehicle used for the treatment, storage, manufacture, display, or transportation of animals, meat, or dairy products intended for sale or disposal as food. The agent or officer may enter anywhere where livestock may be found that are affected with or that have been exposed to or that the officer has reason to believe are either affected with or have been exposed to an infectious, contagious, communicable, or dangerous disease or disease-carrying insects.
Mont. Code Ann. § 81-22-501 — MT Code / Title 81 / Chapter 22 / Part 5 / Section 81-22-501
81-22-501 Required records and reports -- examination
Status: in_force

81-22-501 . Required records and reports -- examination. The department may require dairies and dairy product manufacturers to maintain and produce for examination or to report the records necessary for carrying out its duties under this chapter.
Mont. Code Ann. § 81-23-402 — MT Code / Title 81 / Chapter 23 / Part 4 / Section 81-23-402
81-23-402 Reports of dealers -- accounting system -- records
Status: in_force

81-23-402 . Reports of dealers -- accounting system -- records. (1) (a) The department may require licensees to file reports with it at reasonable or regular times that the board may require, showing the licensee's production, sale, or distribution of milk and any information considered necessary by the board that pertains to the production, sale, or distribution of milk, either under oath or otherwise, as the board may direct. Failure or refusal to file a report when directed to do so is grounds for the revocation of the license and is a violation for which the licensee may be fined as provided by this chapter, one or both, at the discretion of the board.

(b) The department and the board may request only the records necessary for establishing milk prices pursuant to this chapter. The department shall provide licensees with information concerning procedures a licensee may use to assert a claim of confidentiality with respect to constitutionally protected information that must be submitted to the department, such as trade secret or proprietary information.

(2) The board shall adopt a uniform system of accounting to be used by the distributor to account for the usage of all milk received by the distributor.

(3) A distributor and producer-distributor shall keep:

(a) a record of all milk, cream, or dairy products received, detailed as to location, names and addresses of suppliers, prices paid, deductions or charges made, and the use to which the milk or cream was put;

(b) a record of the quantity of each kind of milk or dairy product manufactured and the quantity and price of milk or dairy products sold;

(c) a complete record of all milk, cream, or dairy products sold, classified as to kind and grade, showing where sold, and the amount received in payment;

(d) a record of the wastage or loss of milk or dairy products;

(e) a record of the items of handling expense;

(f) a record of all refrigeration facilities sold for storage purposes to any person, showing types, sizes, and location of the facilities and the original or duplicate original of all agreements covering sales for them;

(g) other records that the board considers necessary for the proper enforcement of this chapter.
Mont. Code Ann. § 81-8-402 — MT Code / Title 81 / Chapter 8 / Part 4 / Section 81-8-402
81-8-402 Penalties
Status: in_force

81-8-402 . Penalties. Violation of 81-8-401 is a misdemeanor and any person, firm, or corporation, other than one excepted in 81-8-401 (2), violating any of the provisions thereof is, upon conviction, subject to a fine not exceeding the sum of $100 or imprisonment for a period not exceeding 30 days, or both.
Mont. Code Ann. § 81-9-111 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-111
81-9-111 Hide certificates -- inspection of hides before disposal -- person slaughtering cattle or horses to exhibit hides
Status: in_force

81-9-111 . Hide certificates -- inspection of hides before disposal -- person slaughtering cattle or horses to exhibit hides. (1) A person or persons, firm, corporation, or association slaughtering cattle or horses for its own use shall before selling, destroying, or otherwise disposing of the hide or hides from the cattle or horses have the hide or hides inspected by an officer authorized to make the inspection and secure a certificate of inspection as provided for in this part.

(2) A person or persons, firm, corporation, or association may not sell, offer for sale, destroy, or otherwise dispose of a hide or hides from slaughtered cattle or horses that have not been inspected and identified by an authorized inspector.

(3) It is the duty of a person or persons, firm, corporation, or association slaughtering cattle or horses for personal use or otherwise, upon demand of an authorized inspector, to exhibit for inspection the cattle or horse hide or hides, a certificate issued by a hide buyer, or evidence of inspection by an authorized inspector.
Mont. Code Ann. § 81-22-301 — MT Code / Title 81 / Chapter 22 / Part 3 / Section 81-22-301
81-22-301 Tests and analyses -- admissibility as evidence
Status: in_force

81-22-301 . Tests and analyses -- admissibility as evidence. (1) The department may require a chemist, biologist, microbiologist, serologist, or other qualified employee of the department of public health or other laboratory approved by the department to test or analyze samples of milk, cream, manufactured dairy products, or products made in the semblance or imitation of these products.

(2) (a) The following tests or analyses may be used:

(i) an appropriate test method listed in Standard Methods for the Examination of Dairy Products, current edition--American Public Health Association, Inc., or in Standard Methods for the Examination of Water and Waste Water, current edition--American Public Health Association, Inc.;

(ii) the methods in the Official Methods of Analysis of the Association of Official Analytical Chemists, current edition as published by the association of official analytical chemists; or

(iii) any other appropriate tests approved by the department.

(b) The results of these tests or analyses are admissible as prima facie evidence of the facts disclosed in a court, hearing, or proceeding arising under this chapter when the tests or analyses are identified by the sample numbers and verified by the department representative and analyst handling them. These tests and analyses must be designated and referred to as "official tests".
Mont. Code Ann. § 81-5-110 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-110
81-5-110 Sale at public auction -- retention of property
Status: in_force

81-5-110 . Sale at public auction -- retention of property. (1) Vehicles, equipment, and personalty forfeited under 81-5-109 may be sold at public auction in the manner of sales of personal property under execution and may be sold by any sheriff, livestock inspector, or other peace officer.

(2) The department may retain the vehicles, equipment, and personalty forfeited under 81-5-109 for official use by the department, including personnel training. If the department retains forfeited property that it determines to be suitable for everyday use by department personnel, the department shall reduce similar property purchases accordingly.

(3) Money forfeited under 81-5-109 must be deposited in the state general fund.
Mont. Code Ann. § 81-4-510 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-510
81-4-510 Notice of sale of abandoned horses -- form -- time of sale -- title
Status: in_force

81-4-510 . Notice of sale of abandoned horses -- form -- time of sale -- title. (1) Before a sale may be held, at least 10 days' notice must be given by publication and posting in the manner specified in 81-4-504 , except that publication, if made in a newspaper, must be once each week for 2 successive weeks, and posting must be done at least 5 days before the date of sale. The notice must be in substantially the following form:

NOTICE OF SALE OF ABANDONED HORSES

Notice is given that on .... day, the .... day of ...., 20..., at .... in the county of ...., state of Montana, beginning at the hours of ....m., the following described abandoned horses will be sold at public auction to the highest bidder for cash:

(Give general description of horses to be sold by brand, if any, color, approximate weight, and estimated age.)

Any horses not reclaimed before sale as provided by law and for which no bid is made at the sale will be destroyed or otherwise disposed of in the discretion of the board of county commissioners of .... County, state of Montana.

Dated the .... day of ...., 20...

By order of the board of county commissioners of .... County, Montana.

By ...., clerk of the board.

(2) All sales must be held between the hours of 8 a.m. and 6 p.m. and may be continued from time to time until all abandoned horses taken in the roundup have been disposed of. On payment of the price bid for any horse sold, the delivery of the horse, with a bill of sale, vests the title to the horse in the purchaser.
Mont. Code Ann. § 81-7-705 — MT Code / Title 81 / Chapter 7 / Part 7 / Section 81-7-705
81-7-705 Duty of county commissioners -- petition of goat owners -- license fees
Status: in_force

81-7-705 . Duty of county commissioners -- petition of goat owners -- license fees. (1) In conducting a predatory animal control program, the board of county commissioners shall give preference to recommendations for a program made by an organized association of goat producers in the county. On petition of the resident owners of at least 51% of the goats in the county, as shown by the property tax record of the last preceding assessment, the board shall establish the predatory animal control program and issue licenses and collect fees for the following year in an amount that will defray the cost of administering the program. The petition must be filed with the board on or before the first Monday in December in any year, and a signature on a petition may not be withdrawn by the signer after the hour set for hearing the petition. The license fee set by the board must remain in effect from year to year without change, unless there is filed with the board a petition signed by the resident owners of at least 51% of the goats in the county, as shown by the property tax record of the last assessment preceding the filing of the petition, for termination of the program and elimination of the license fee. On the filing of the petition, the board shall terminate the program and cease levying the license fee.

(2) If the resident owners of at least 51% of the goats in the county file a petition with the board either for an increase in the license fee or a decrease in the license fee then in effect, the board shall set a new license fee to continue from year to year.
Mont. Code Ann. § 81-6-301 — MT Code / Title 81 / Chapter 6 / Part 3 / Section 81-6-301
81-6-301 Short title
Status: in_force

81-6-301 . Short title. This part may be cited as the "Livestock Crimestoppers Act".
Mont. Code Ann. § 81-8-251 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-251
81-8-251 Certificate to operate livestock market required -- application
Status: in_force

81-8-251 . Certificate to operate livestock market required -- application. (1) A person may not operate as a livestock market unless the person first obtains from the department a certificate declaring that public convenience and necessity require the operation.

(2) The application for a certificate of public convenience must be in writing, verified by the applicant, and filed with the department. The application must specify the following:

(a) (i) the names of the persons applying for a certificate together with their permanent addresses; or

(ii) if the applicant is a firm, association, partnership, or corporation, the names of its directors, officers, and members, if applicable;

(b) the place where the applicant proposes to operate as a livestock market;

(c) a complete description of the property and facilities proposed to be used for the livestock market;

(d) the commissions or charges the applicant proposes to impose on the consignors' livestock for services rendered by the applicant in the operation of the livestock market;

(e) a detailed statement of the facts on which the applicant relies to show public convenience and necessity for the livestock market, including the trade area to be served, the economic benefits to the livestock industry, and the services to be offered;

(f) if the applicant is a foreign corporation, its principal place of business outside the state, the state in which it is incorporated, and a showing that it is in compliance with the laws relating to foreign corporations doing business in this state;

(g) a detailed financial statement showing that current assets exceed current liabilities and that long-term assets exceed long-term liabilities; and

(h) any additional information the department may require.
Mont. Code Ann. § 81-22-401 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-401
81-22-401 Grading of milk -- condemnation of unsafe milk
Status: in_force

81-22-401 . Grading of milk -- condemnation of unsafe milk. Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, milk or cream purchased for use in milk plants or for use in a manufactured dairy product in this state must be graded by licensed graders, weighers, and samplers. It is unlawful to sell, purchase, or use milk or cream for a food purpose if the milk or cream is found to be musty, adulterated, rancid, dirty, with marked undesirable odors or flavors, or to contain foreign objects, fragments, substances, or excessive bacteria. The milk or cream grader or the department shall condemn the milk or cream and may add to the milk or cream a nontoxic coloring substance or rennet and return it to or leave it with the producer with an explanation of the cause for rejection.
Mont. Code Ann. § 81-2-120 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-120
81-2-120 Management of wild buffalo or wild bison for disease control
Status: in_force

81-2-120 . Management of wild buffalo or wild bison for disease control. (1) Whenever a publicly owned wild buffalo or wild bison from a herd that is infected with a dangerous disease enters the state of Montana on public or private land and the disease may spread to persons or livestock or whenever the presence of wild buffalo or wild bison may jeopardize Montana's compliance with other state-administered or federally administered livestock disease control programs, the department may, under a plan approved by the governor, use any feasible method in taking one or more of the following actions:

(a) The live wild buffalo or wild bison may be captured, tested, quarantined, and vaccinated. Wild buffalo or wild bison that are certified by the state veterinarian as brucellosis-free may be:

(i) sold to help defray the costs that the department incurs in building, maintaining, and operating necessary facilities related to the capture, testing, quarantine, or vaccination of the wild buffalo or wild bison. Proceeds from the sale of live, brucellosis-free, vaccinated wild buffalo or wild bison must be deposited in the state special revenue fund to the credit of the department. Any revenue generated in excess of the costs referred to in this subsection (1)(a)(i) must be deposited in the state special revenue fund provided for in 87-1-513 (2).

(ii) transferred to a qualified tribal entity that participates in the disease control program provided for in this subsection (1)(a). Acquisition of wild buffalo or wild bison by a qualified tribal entity must be done in a manner that does not jeopardize compliance with a state-administered or federally administered livestock disease control program. The department may adopt rules consistent with this section governing tribal participation in the program or enter into cooperative agreements with tribal organizations for the purposes of carrying out the disease control program.

(b) The live wild buffalo or wild bison may be physically removed by the safest and most expeditious means from within the state boundaries, including but not limited to hazing and aversion tactics or capture, transportation, quarantine, or delivery to a department-approved slaughterhouse.

(c) The live wild buffalo or wild bison may be destroyed by the use of firearms. If a firearm cannot be used for reasons of public safety or regard for public or private property, the animal may be relocated to a place that is free from public or private hazards and destroyed by firearms or by a humane means of euthanasia.

(d) The live wild buffalo or wild bison may be taken through limited public hunts pursuant to 87-2-730 when authorized by the state veterinarian and the department.

(2) Whenever the department is responsible for the death of a wild buffalo or wild bison, either purposefully or unintentionally, the carcass of the animal must be disposed of by the most economical means, including but not limited to burying, incineration, rendering, or field dressing for donation or delivery to a department-approved slaughterhouse or slaughter destination.

(3) In disposing of the carcass, the department:

(a) as first priority, may donate a wild buffalo or wild bison carcass to a charity or to an Indian tribal organization; or

(b) may sell a wild buffalo or wild bison carcass to help defray expenses of the department. If the carcass is sold in this manner, the department shall deposit any revenue derived from the sale of the wild buffalo or wild bison carcass to the state special revenue fund to the credit of the department.

(4) The department may adopt rules with regard to management of publicly owned wild buffalo or wild bison that enter Montana on private or public land and that are from a herd that is infected with a contagious disease that may spread to persons or livestock and may jeopardize compliance with other state-administered or federally administered livestock disease control programs.

(5) Except for a transfer to a qualified tribal entity pursuant to subsection (1)(a)(ii), after a wild buffalo or wild bison is certified brucellosis-free by the state veterinarian, the department may authorize its transplantation or relocation into any county in the state pursuant to this section after the department receives the authorization of the board of county commissioners of the affected county or counties pursuant to 7-21-3214 .
Mont. Code Ann. § 81-20-205 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-205
81-20-205 Egg -- when defined as unfit for human food
Status: in_force

81-20-205 . Egg -- when defined as unfit for human food. (1) Eggs hereinafter defined shall be deemed unfit for human food:

(a) "Addled" or "white rot" means an egg that is putrid or rotten.

(b) "Adherent yolk" means an egg in which the yolk has become fastened to the shell.

(c) "Black rot" means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance.

(d) "Blood ring" means an egg in which the germ has developed to such an extent that blood is formed.

(e) "Blood spot" is a spot of blood adhering to the yolk of an egg.

(f) "Bloody white" means an egg with a general reddish appearance due to blood mixed through it and which egg may show spots of blood floating in the white.

(g) "Incubated eggs" shall include eggs which have been subjected to incubation, whether natural or artificial, for more than 48 hours, and it shall be unlawful to offer for sale incubated eggs unless branded or stamped with the word "incubated".

(h) "Meat spot" means that the egg has a speck of foreign matter adhering to the yolk or floating in the white.

(i) "Moldy" means an egg which, through improper care, has deteriorated so that mold spores have formed within the egg.

(2) An egg that is smashed or broken so that the contents are leaking is unfit for human food.

(3) Eggs which are otherwise unwholesome or adulterated as such term is defined pursuant to the Federal Food, Drug, and Cosmetic Act and rules promulgated under authority of this part are unfit for human food.
Mont. Code Ann. § 81-10-101 — MT Code / Title 81 / Chapter 10 / Part 1 / Section 81-10-101
81-10-101 Short title
Status: in_force

81-10-101 . Short title. This part may be referred to as the "Horse Owner Amnesty Act".